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Home My WebLink AboutAgenda Packet City Council - 03/22/2022 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, March 22,2022 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 Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Izabella Ryland, Collegiate High School Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 22-0503 Proclamation declaring March 22, 2022 as "Murphy Dale Givens Day" Proclamation declaring March 22, 2022 as "Diabetes Alert Day" Proclamation declaring March 23, 2022 as "Mental Health Awareness Day" Promotion Ceremony for Army Senior Non-Commissioned Officer SFC Robert Hernandez Commendation recognizing Texas A&M University-Corpus Christi Islander's Men's Basketball Team. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 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. 80th Police Academy Graduation Ceremony Highlights b. Hiring Process for Municipal Court Presiding Judge C. Vessel Turn-in Program Overview H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 20) 2. 22-0504 Approval of the March 8, 2022 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 3. 22-0215 Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. sponsors: Parks and Recreation Department and Police Department 4. 22-0220 Zoning Case No. 0122-02, RFW AG, Ltd: (District 5) Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 5. 22-0221 Zoning Case No. 0122-03, Church Unlimited: (District 5) Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" City of Corpus Christi Page 2 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission and Staff recommend Approval) sponsors: Development Services 6. 22-0222 Zoning Case No. 0122-04, Saratoga Palms Properties, Ltd: (District 5) Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. (Planning Commission and Staff recommend Approval) sponsors: Development Services Consent-Public Safety First Reading Ordinances 7. 22-0442 Ordinance accepting $20,031.30 from the State of Texas - Law Enforcement Officer Standards and Education Account for training of full-time sworn and civilian personnel and travel-related expenses; and appropriating $20,031.30 for FY 2022 in the Police Grants Fund. sponsors: Police Department Consent- Contracts and Procurement 8. 21-1460 Resolution authorizing a three-year service agreement with Kathryn W. Soward, Ph.D., of Corpus Christi in an amount not to exceed $122,500.00 for psychological services for Police, Fire, Airport, and Municipal Court personnel with FY 2022 funding of$34,028.00 available from the General and Airport Funds. Sponsors: Police Department, Fire Department, Aviation Department, Municipal Court Administration and Finance &Procurement 9. 22-0243 Resolution authorizing a four-year service agreement with Corpus Christi Cycle Sports, Inc., dba Corpus Christi Harley-Davidson, in an amount not to exceed $125,760.00 for maintenance of 10 Harley-Davidson motorcycles for the Corpus Christi Police Department, with FY 2022 funding of$18,340.00 available from the General Fund. sponsors: Police Department and Finance &Procurement 10. 22-0315 Motion authorizing the purchase of one replacement fire engine for the Corpus Christi Fire Department from Siddons Martin Emergency Group, LLC., of Denton, Texas, through the BuyBoard Cooperative, for $873,727.00, with funding available from the FY 2022 General Fund. sponsors: Fire Department and Finance & Procurement 11. 22-0311 Motion authorizing the purchase of a one-year license renewal with Great South Texas Corp, dba Computer Solutions of San Antonio, through the DIR Cooperative, in an amount of$149,398.20 for the renewal of the Cisco Phone System License for the Information Technology Department, with FY 2022 funding available from the Information Technology Fund. City of Corpus Christi Page 3 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 Sponsors: Information Technology Services and Finance &Procurement 12. 22-0347 Motion authorizing a three-year supply agreement with Mobotrex of Davenport, Iowa, for the purchase of 30 replacement traffic control signal cabinets for$290,400.00 through the Buy Board Purchasing Cooperative to be used by the Public Works Department with funding in the amount of $48,500.00 available through the FY 2022 Street Maintenance Fund. Sponsors: Public Works/Street Department and Finance &Procurement 13. 22-0147 Motion authorizing execution of a one-year supply agreement, with a one-year option, with Quality Readymix, Ltd., LLP, of Corpus Christi for ready-mix concrete in an amount not to exceed $766,625.00 and a potential amount not to exceed $1,032,700.00 if the option is exercised, with FY 2022 funding of$447,197.92 available from the Storm Water Fund. Sponsors: Public Works/Street Department and Finance &Procurement Consent- Capital Projects 14. 22-0378 Motion awarding a construction contract to H&S Constructors, Inc., Corpus Christi, Texas, to perform repairs and improvements to the Choke Canyon Dam, in an amount of$5,534,035.00, with FY 2022 funding available from the Water Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement 15. 22-0388 Motion awarding a construction contract to Associated Construction Partners, Ltd., for Citywide Lift Station Repair (Williams Lift Station) in an amount of$11,615,000.00, located in Council District 5, with FY 2022 funding available from the American Rescue Plan Act. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement General Consent Items 16. 22-0372 Resolution authorizing the submission of a grant application for $415,806 to the Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant program for training and safety equipment with a City cash match of$37,800.55. Sponsors: Fire Department 17. 22-0373 Resolution authorizing the submission of eight grant applications to the Public Safety Office - Homeland Security Grants Division for the State Homeland Security Program for equipment and training to prevent terrorism and other catastrophic events for various functions of public safety such as Police Department bomb squad, Special Weapons and Tactics team, Fire Department, and Airport Department in an amount of $481,580.42. Sponsors: Fire Department City of Corpus Christi Page 4 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 18. 22-0203 Resolution ratifying the submission of a grant application for five (5) multimodal pedestrian safety and mobility-focused transportation projects located citywide to the Corpus Christi Metropolitan Planning Organization for TxDOT's Category 9 funding available under the federal Surface Transportation Block Grant Set-Aside (STBG-SA) program authorized under the FAST Act of 2015. sponsors: Public Works/Street Department 19. 22-0327 Resolution for an electricity Power Purchase Agreement (PPA) for the City of Corpus Christi for a term not to exceed 10 years with a total purchase cost not to exceed $57,000,000, subject to future annual budget appropriations, and authorizing the City Manager to execute all documents necessary. sponsors: Asset Management Department and Finance & Procurement 20. 22-0511 Resolution ratifying submission of a grant application to the U.S. Department of Transportation's Small Community Air Service Development Program on behalf of the Aviation Department in the amount of $750,000.00, with a cash match of$250,000.00 and $238,680.00 of in-kind services, for development of new non-stop airline service between Corpus Christi and Denver or the greater Western United States. Sponsors: Aviation Department K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 21 - 27) 21. 22-0380 Zoning Case No. 0122-06, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 22. 22-0381 Zoning Case No. 0122-01, Javier De la Garza: (District 1) Ordinance rezoning property at or near 2407 Mary Street from the "RM-1" Multifamily District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 23. 22-0382 Zoning Case No. 0122-05, Land Majestic, LLC.: (District 4) Ordinance rezoning property at or near 302 Graham Road from the "RM-1" Multifamily District to the "RV" Recreational Vehicle Park District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 24. 22-0383 Zoning Case No. 0122-07, The Mostaghasi Investment Trust: (District 4) Ordinance rezoning property at or near 2020 Ramfield Road from the "FR" City of Corpus Christi Page 5 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 Farm Rural District to the "RS-22" Single-Family 22 District. (Planning Commission and Staff recommend Denial -3/4 Vote Required to Overrule Planning Commission's recommendation) sponsors: Development Services 25. 22-0290 Ordinance authorizing a Water Arterial Transmission Grid Main Construction and Reimbursement Agreement ("Agreement") for up to $471,448.10 with Cypress Point Capital, LLC ("Developer") for the construction of a water arterial transmission grid main line for a proposed residential and commercial development located South of Farm Road 2444 on County Road 43 with a completion date of within 24 months; transferring $76,510.32 from the Sewer Trunk System Trust and $79,036.81 from the Water Distribution Main Trust to the Water Arterial Transmission & Grid Main Trust Fund to reimburse $471,448.10 the developer in accordance with the agreement. sponsors: Development Services 26. 22-0502 Ordinance amending the Unified Development Code (UDC) to rename the Community Enrichment Fund to the Park Development Fund, eliminate the Park Development Fee, replace the calculation for a Fee in Lieu of Land to a flat fee of$462.50 per dwelling unit with annual CPI fee adjustment beginning on January 1, 2024, and allow for existing and future Community Enrichment Fund expenditures within applicable Area Development Zones. sponsors: City Manager's Office 27. 22-0505 Ordinance authorizing acceptance and appropriation $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program -American Rescue Plan; and amending the operating budget for FY 2021-2022 to increase expenditures from the HOME Grants Fund. sponsors: Neighborhood Services M. INDIVIDUAL CONSIDERATION ITEMS: N. FIRST READING ORDINANCES: (ITEMS 28 -34) 28. 22-0324 Ordinance authorizing a Real Estate Sales Contract to sell 0.89 acres located along the Kostoryz/Carroll Drainage Channel to the Corpus Christi Independent School District (C.C.I.S.D.) in an amount of$50,000.00, located in Council District 3, with FY 2022 funds to be deposited into the Streets Fund. sponsors: Engineering Services 29. 22-0312 Ordinance authorizing a 5-year lease agreement with Landry's Seafood and Steak House - Corpus Christi Inc. to operate a restaurant on Peoples Street T-Head with monthly payments of$7,950 through March 2023; City of Corpus Christi Page 6 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 $8,427 through March 2024; and $9,000 through March 2027, or 2.75% of monthly gross sales, whichever is greater, with effective date of April 1, 2022. sponsors: Parks and Recreation Department and Municipal Marina 30. 22-0274 Ordinance authorizing a five-year lease, with one five-year renewal option, with NavyArmy Community Credit Union to provide two automatic teller machines (ATMs) in the terminal at the Corpus Christi International Airport in exchange for payment of$1,000 monthly ($500 per ATM). sponsors: Aviation Department 31. 22-0286 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate the Revised Notice of Award of a grant contract for the Women, Infants and Children Nutrition Program (WIC) in the amount of$113,000 for the contract period October 1, 2021, through September 30, 2022, subject to appropriations from Health and Human Services Commission. Sponsors: Health Department 32. 22-0508 Ordinance approving the redistricting of the City's single-member City Council districts and establishing new district boundary lines for Corpus Christi City Council elections, based on the 2020 Census data. sponsors: City Secretary's Office 33. 22-0563 Ordinance amending Corpus Christi Code to add section 55-40 to authorize the Building Official to disconnect utility services for revocation of certificate of occupancy or for failure to remedy a violation of code resulting in a danger to the life, health, or safety of the public or the occupants of a building; and providing for publication. sponsors: Development Services 34. 22-0565 Ordinance authorizing a temporary pilot program for Lucy's Snackbar adjacent to 312 N Chaparral St#A to seek a revocable license to operate a parklet in the City's right-of-way in accordance with the regulations and guidelines established by the City's Public Works Department. sponsors: Public Works/Street Department O. BRIEFINGS: (ITEM 35) 35. 22-0500 Port of Corpus Christi Quarterly Report by City Council Appointed Board Commissioners sponsors: Mayor's Office P. EXECUTIVE SESSION: (ITEMS 36 -38) 36. 22-0512 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult City of Corpus Christi Paye 7 Printed on 3/21/2022 City Council Meeting Agenda-Final-revised March 22,2022 with attorneys concerning legal issues related to the purchase of electricity, power purchase agreement(s), long-term purchasing agreements, and Chapters 252 and 271 of the Texas Local Government Code. 37. 22-0564 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 contract(s) for the purchase of management services and related services for the American Bank Center and Chapters 252 and 271 of the Texas Local Government Code. 38. 22-0513 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. Q. ADJOURNMENT City of Corpus Christi Paye 8 Printed on 3/21/2022 City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, March 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 11:37 a.m. B. Invocation to be given by Deacon Armando Botello, Our Lady of Guadalupe Church. Deacon Armando Botello, Our Lady of Guadalupe Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jacob Rodriguez, Veteran's Memorial High School Student. Jacob Rodriguez, Veteran's Memorial High School Student, 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. 22-0495 Proclamation declaring March 2022 "National Social Work Month" Proclamation Declaring March 9, 2022 "Registered Dietitian Nutritionist Day" Proclamation Declaring March 16, 2022 "Del Mar College Small Business Development Center Day" Proclamation Declaring March 2022 "Red Cross Month" The Proclamations were presented. F. PUBLIC COMMENT City of Corpus Christi Page 1 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 Mayor Guajardo opened the public comment period. The following citizens spoke in opposition to Item 17, the rezoning at Sweet Bay Drive: Jerry Hooper Jr., 3401 Bali Dr.; Michael Morgan, 3502 Golden Oak Dr.; Leona Morgan, 3502 Golden Oak Dr.; Christi Ray, 2020 Ramfield; Michelle Ewing, 1901 Caribbean; Velma Soliz-Garcia, 2505 Waldron Rd.; Robert Vega, 2202 Woodcrest Dr.; Mary Ellen Vega, 2202 Woodcrest Dr.; Lea Trevino, 2202 Woodcrest Dr.; Joe Kramer, 1820 Waldron Rd.; Shirley Thornton, 1917 Woodcrest Dr.; David Gerlach, 581 Yorktown Blvd.; David Bendett, 4101 Waldron Rd.; Shannon Murphy, 2157 Shadi St.; Vicky Prewett, 4038 Sweet Bay Dr.; Randall Arnold, 4202 Waldron Rd.; Daniel Gohlke, 500 Yorktown Blvd.; and Bob Wilson, 3929 Sweet Bay Dr. Armon Alex, 1610 La Joya, spoke regarding the city's acknowledgement of climate change. Maria and Robert Goodman, 5218 Pepper Mill Dr., spoke about removing 5G towers from their neighborhood. Shirin Delsooz, 6030 Tapestry, spoke regarding safer bike paths in Corpus Christi. Sylvia Campos, 4410 Fir St. and Christopher Phelan, 3806 Kingston Dr., spoke regarding industrial district agreements. The following citizens submitted written public comments which are attached to the minutes: Tracy Daffron, 3106 Seafoam Dr.; Aaron Baxter, 3809 Wagner Lee Dr.; Marclon Hooper, 3332 Bali Dr.; Geneva Hooper, 3401 Bali Dr.; Jerry Hooper, Sr., 3332 Bali Dr.; and Jerry Hooper, Jr., 3401 Bali Dr. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. HEALTH DISTRICT UPDATE City Manager Zanoni reported on the Health District. On March 1, 2022, the City became the sole operator of the Corpus Christi Nueces County Public Health District and began using a new business model. Better services are being made available to the citizens and vital records can be obtained at City Hall. Council Members and City Manager Zanoni discussed the following topics: the City is in the process of searching for a new Health Director; and a request for staff to put together a list of all services that are being provided. b. SPRING BREAK 2022 PREPARATION UPDATE City Manager Zanoni reported on Spring Break 2022 preparation. Flag warnings will be posted at the beaches; there will be a lane designated for emergency vehicles; the police City of Corpus Christi Page 2 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 department will patrol and enforce underage drinking and DWI; and traffic flow will be monitored on Aquarius and other busy intersections on Park Road 22. Updates from TxDOT include the following: northbound exit ramp will be open to Labonte Park; SPID ramp reversal project will be paused during spring break; all four lanes on JFK Causeway will be reopened for two weeks; and all ferries will be in operation. City parks, pools and splash pads will be open with free admission during spring break. A Council Member thanked TxDOT and Public Works for opening up lanes during spring break. C. SOS2 POTHOLE REPAIR INITIATIVE UPDATE City Manager Zanoni presented information on the SOS Initiative. Pothole repairs began on January 10th with close to 900 work orders. As of March 6, 2022, 95% of backlogged service requests were complete; 33,702 potholes were repaired; and 84,957 sq. ft. of pavement was repaired citywide. Citizens can report potholes to 361-826-2489. A Council Member and City Manager Zanoni discussed the following topics: the goal is to fill potholes within a few days once they are reported. H. BOARD &COMMITTEE APPOINTMENTS: 2. 22-0376 Construction Trade Advisory & Appeals Board (3 vacancies) Planning Commission (1 vacancy) Airport Zoning Commission (1 vacancy) Reinvestment Zone No. 3 (Downtown) Board (1 vacancy) Mayor Guajardo referred to Item 2. Construction Trade Advisory & Appeals Board: Jared Merdes (Realigned to Engineer) Chad Roulston (Appointed to HVAC Technician) Mike Dildy (Appointed to Master Plumber) Planning and Airport Zoning Commission: Mike A. Munoz (Appointed) Reinvestment Zone No. 3 (Downtown): James Sedwick (Reappointed) J. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 5, 8 and 10 be pulled for individual consideration. City of Corpus Christi Page 3 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 A motion was made by Council Member Lerma, seconded by Council Member Pusley to approve the Consent Agenda with the exception of Items 5, 8 and 10. 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. 22-0385 Approval of the February 22, 2022 Regular Meeting Minutes and February 21, 2022 Special City Council Meeting. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 22-0305 Ordinance abandoning one Bond 2012 project and one Bond 2016 project and repurposing excess Bond 2008, Bond 2012, Bond 2016 funds for use on the Residential Street Program; and amending FY 2022 capital budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032686 5. 22-0309 Ordinance authorizing acceptance and appropriation of a donation in the amount of$100,000 from the Cheniere Foundation; amending the operating budget for FY2021-2022 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. Mayor Guajardo referred to Item 5. A Council Member recognized the Cheniere Foundation for their contribution. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor 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: 032687 6. 22-0212 Ordinance abandoning and vacating a 10-Foot-wide by approximately 1272.50 feet long (12,725 sq. ft.) portion of an existing 10-Foot-wide easement out of Lot 14-B, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37, Page 164, Map Records of Nueces County, Texas, located at 6636 Yorktown Boulevard, Corpus Christi, Texas 78414, City of Corpus Christi Page 4 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 conditioned on the dedication of a replacement easement This Ordinance was passed on second reading on the consent agenda. Enactment No: 032688 7. 22-0288 Ordinance appropriating Airport Grant#66 for $281,090.00 from the Federal Aviation Administration, pursuant to the American Rescue Plan Act ("ARPA"), to provide rent relief to eligible small and large in-terminal concessions in the amounts of$224,872.00 and $56,218.00, respectively, located at Corpus Christi International Airport; and amending the FY 2022 Operating Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032689 Consent-Public Safety First Reading Ordinances 8. 22-0215 Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. Mayor Guajardo referred to Item 8. Council Members, Interim Director of Parks and Recreation Dante Gonzalez and City Manager Peter Zanoni discussed the following topics: security guards will be on site 24/7 at Cole Park Plaza and Pier; the City's goal is to keep the security guards on site indefinitely; funding for security will come from the park operations budget and State Hotel Occupancy Tax; and the police department has the authority to check for fishing licenses. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Barrera. 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 Consent- Contracts and Procurement 9. 22-0244 Motion authorizing the purchase of eight truck/trailer mounted onboard scale systems and a two-year service agreement for maintenance at the JC Elliott Transfer Station for Solid Waste Services, with Iron Ram Services, LLC., of Corpus Christi, in an amount not to exceed $129,749.34, with FY 2022 funding from the General Fund. This Motion was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 Enactment No: M2022-031 10. 22-0322 Motion authorizing a five-year rental agreement for the lease of a Konica Minolta copier for the Print Shop, from UBEO, LLC, of Pharr Texas, through the SourceWell Cooperative, in an amount not to exceed $290,700.00, with the issuance of a notice to proceed, with FY 2022 funding in the amount of $38,760.00 available from the Stores Fund. Mayor Guajardo referred to Item 10. A Council Member, Assistant Director of Contracts and Procurements Josh Chronley and City Manager Peter Zanoni discussed the following topics: in response to a Council Member's concern about hiring a local company, staff stated that they conducted bids from local sources for this product, but SourceWell offered a better deal. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- Mayor 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: M2022-032 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:02 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 11 - 14) 11. 22-0505 Ordinance authorizing acceptance and appropriation $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program -American Rescue Plan; and amending the operating budget for FY 2021-2022 to increase expenditures from the HOME Grants Fund. Mayor Guajardo referred to Item 11. Assistant Director of Neighborhood Services Jennifer Buxton presented information on the following topics: HOME ARP award; HOME ARP uses; HOME ARP beneficiaries; HOME ARP process; HOME ARP planning; and HOME ARP public participation. Council Members and Assistant Director Buxton discussed the following topics: non-congregate shelter is defined as transitional housing, for example, a nursing home; and any household that is at or below 30% of the area median income is considered at City of Corpus Christi Page 6 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 risk of homelessness. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 12. 22-0220 Zoning Case No. 0122-02, RFW AG, Ltd: (District 5) Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 12. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of an apartment complex and presented information on the following topics: zoning pattern and adjacent development; public notification; analysis and recommendation; and planning commission and staff recommend approval. Council Members and Director Raymond discussed the following topics: staff stated that currently there are no traffic issues with this property that is located between Del Mar College and Cimarron. 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 City of Corpus Christi Page 7 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 13. 22-0221 Zoning Case No. 0122-03, Church Unlimited: (District 5) Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 13. Director of Development Services Al Raymond stated that the purpose of this item is to allow for a larger sign at the church and presented information on the following topics: zoning pattern and adjacent development; public notification; staff analysis and recommendation; and special permit conditions. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 14. 22-0222 Zoning Case No. 0122-04, Saratoga Palms Properties, Ltd: (District 5) Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 14. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of an apartment complex with an increased density and presented information on the following topics: zoning pattern and adjacent development; public notification; staff analysis and recommendation; and planning commission and staff recommend approval. Council Members, Director Raymond and Administrator of Development Services Andrew Dimas discussed the following topics: the first setback would be the standard buffer yard and the second is based on the height of the structure-must set two feet off of the property line; and the density will increase by 39 units for a total of 246 units. Mayor Guajardo opened the public hearing. City of Corpus Christi Page 8 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 There were no comments from the public. Mayor Guajardo closed the public hearing. Applicant Austin Martin presented the actual site plan with a proposed 80 foot setback. Council Member Hernandez made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor 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: (ITEMS 15 - 16) 15. 21-0487 Motion awarding an amendment to a contract with Hazen and Sawyer for design and preparation of construction documents and related construction phase services to replace the chlorine gas system with an on-site sodium hypochlorite generation (OSG) feed system and a backup bulk sodium hypochlorite delivery feed system for the O.N. Stevens Water Treatment Plant (ONSWTP) in the amount of$3,454,000, for a total restated fee not to exceed $4,417,600 located in City Council District 1, with FY 2022 funding available from Water Capital Fund. Mayor Guajardo referred to Item 15. Interim Director of Water Utilities Gabriel Ramirez presented information on the following topics: project summary; current chlorine system; Colorado River-treated water; benefits of On Site Sodium Hypochlorite Generation (OSG); annual chemical cost; and other cities and OSG. Council Members, Interim Director Ramirez and Director of Engineering Jeff Edmonds discussed the following topics: a 90 ton railcar is delivered once a month for the current system; the safety issues related to the railcar system are much higher than the OSG system; the impact of chlorine gas to the body can be deadly; the old water treatment plant is in the process of being torn down; four of the six wastewater treatment plants use chlorine; and a Council Member expressed concern that Hazen & Sawyer needed more local presence. Mayor Guajardo opened public comment. Associate at Hazen & Sawyer Evan Ged stated that their office in Corpus Christi has been open since 2015 with three local staff. The firm has about 45 employees in Texas that serve Corpus Christi. City of Corpus Christi Page 9 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 Mayor Guajardo closed public comment. Council Member Lerma made a motion to approve the motion, seconded by Council Member Hernandez. 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: M2022-033 16. 22-0487 Resolution authorizing execution of a professional service agreement with WSP USA, Inc., of New York, with an office in San Antonio, for grant support services, on behalf of the Public Works Department, pursuant to a federal infrastructure grant program, in an amount not to exceed $75,000.00, with FY 2022 funding available from the Street Maintenance and Storm Water Funds. Mayor Guajardo referred to Item 16. Deputy Director of Public Works Sarah Munoz presented information on the following topics: grant support services. Council Members, Deputy Director Munoz and Director of Intergovernmental Relations Tammy Embrey discussed the following topics: the applications for these grants are due April 14th; additional funding opportunities will be made available; and Yorktown Boulevard will be submitted and can be made shovel ready. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the resolution, seconded by Council Member Molina. 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: 032690 N. FIRST READING ORDINANCES: (ITEM 17) 17. 22-0058 Zoning Case No. 1121-01, L.C. Alty, Ltd.: (District 4) Ordinance rezoning property at or near 4042 Sweet Bay Drive from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District and the "RS-6" Single-Family 6 District. City of Corpus Christi Page 10 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 (Planning Commission and Staff recommend Approval)(Tabled 1/25/2022) This Item was withdrawn by the applicant. O. BRIEFINGS: (ITEMS 18 - 20) 18. 22-0389 Update on Phase II of Short Term Rental Ordinance Development Mayor Guajardo referred to Item 18. Assistant City Manager Andrea Gardner presented information on the following topics: short term rentals recap; STR-stakeholder advisory group; phase 1: registration ordinance; STR permit workflow; STR registration-(N. Padre and Flour Bluff) communication plan; short term rental registration; enforcement; and STR phase 2. Council Members, Assistant City Manager Gardner and City Manager Peter Zanoni discussed the following topics: some non-compliant short-term rentals have been identified and enforcement will take place immediately after the ordinance takes effect; all short-term rental properties will be required to be registered by July 11th; a Council Member's request for a list of the members who serve on the Advisory Group; short-term rentals are not permitted for less than 30 days; the Advisory Committee only provides input, staff and the consultant will write the regulations and will look at best practices for the City; and the City may be losing thousands of dollars on hotel occupancy taxes by having short-term rentals. 19. 22-0391 Infrastructure Investment in Jobs Act: Building a Better America Overview Briefing Mayor Guajardo referred to Item 19. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: overview; program categories; 25 competitive infrastructure funding opportunities for local governments; White House recommendations on infrastructure implementation; Local and Regional Assistance Grants (RAISE); safe streets and roads for all; TxDOT 2023 UTP funding estimates for Corpus Christi Metropolitan Planning Organization (MPO); and city team. Council Members and Director Embrey discussed the following topics: the RTA has good relationships with D.C.; what strings are attached to this funding; for a bond project you don't have to do a full blown environmental study; certain street quality requirements have to be met; reconnecting community grant-newer program aimed at looking at past major infrastructure projects; and this is an opportunity for the Regional Parkway. 20. 22-0479 Briefing on Municipal Court's Backlog of Ordinance Citations and Warrant Round Up Mayor Guajardo referred to Item 20. City of Corpus Christi Page 11 Printed on 3/16/2022 City Council Meeting Minutes March 8,2022 Municipal Court Services Director Gilbert Hernandez presented information on the following topics: ordinance violations; results of ordinance violation cases addressed; new ordinance violations filed and failure to comply violations; 2022 warrant roundup; and COVI D-19 protocols. Council Members and Director Hernandez discussed the following topics: a Council Member commended staff for collecting almost $900,000 during the warrant roundup; and the new law allows the court to administratively close any cases that haven't been paid in 15 years. P. RECESS TO REDISTRICTING COMMUNITY INPUT SESSION: (None) 21. 22-0494 Community Input Session-General Session and Wrap-Up Session-Summary of Public Comments. This Session was held after the Council meeting. Q. RECONVENE CITY COUNCIL MEETING: (None) R. EXECUTIVE SESSION: (ITEM 22) Mayor Guajardo referred to Executive Session Item 22. The Council went into Executive Session at 2:02 p.m. The Council returned from Executive Session at 2:44 p.m. 22. 22-0422 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 Kostoryz/Carroll Drainage Channel, the intersection of Saratoga Blvd and Kostoryz Road, and the proposed CCISD Mary Carroll High School site, 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. S. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:24 p.m. City of Corpus Christi Page 12 Printed on 3/16/2022 WRITTEN PUBLIC COMMENT FOR 3-8-2022 1 !/ Public Comment& Input Form Date of Meeting 3/8/2022 Name Tracy Daffron Street Address: 3106 Seafoam Dr. Address City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Zoning Case No. 1121-01 (Sweet Bay area in Flour Bluff) Agenda Item Number 22-0058& others This is my opposition to Re-Zoning No. 1121-01 (Sweet Bay area in Flour Bluff)/Agenda Describe Feedback: #22-0058 3/8/2022,and all other Re-Zoning applications which are counter to the Flour Bluff Area Development Plan which was recently approved in 2021. Attached is my letter for public hearing record. Uploads: Public Input Submission for Council Mtg Mar.8.docx Provide an email to receive a tdaffron@stx.rr.com copy of your submission. 2 !/ Public Comment & Input Form Date of Meeting 3/8/2022 Name Aaron Baxter Street Address: 3809 Wagner Lee Dr. Address City: Corpus Christi State/ Province:TX Postal/Zip Code: 78418 Topic Re-zoning from low density to high density in Flour Bluff Agenda Item Number N/A The proposed re-zoning of for the Roscher development should not be allowed. These are sensitive live oak/red bay habitats that provide for wildlife throughout the year. This habitat provides for threatened and endangered species and should be protected. Furthermore,the existing infrastructure in the back of Flour Bluff will not support the proposed increase in homes, and the people that will come with that. Our roads barely Describe Feedback: support the homes that already exist. Most of us that live in this area, do so because it is quiet and not crowded.The last thing we want is high density houses all around us.This, combined with the Yorktown development and the proposed Sweet Bay development, would cause a large influx in traffic,further damaging the already compromised roads.At some point,we will have to make informed decisions based on the facts presented, rather than chasing tax dollars.These areas are valuable left intact and should not be rezoned to allow for high density residential. Provide an email to receive a aaron baxterl5@hotmail.com copy of your submission. 3 !I Public Comment & Input Form Date of Meeting 3/8/2022 Name MARCLON HOOPER Street Address: 3332 BALI DR Address City: CORPUS CHRISTI State/ Province:TX Postal/Zip Code: 78418 Topic FLOUR BLUFF ZONING AND ADP Agenda Item Number 17 The Flour Bluff Community has been heavily involved and spent inordinate amounts of time working with the City on the Area Development Plan adopted on June 22, 2021. The ADP, its discussions and its use must be the backbone of any decisions considered or made by the City Council,City employees or Commissions. In the ADP (page 14), Flour Bluff is generally opposed to high density residential areas, e.g. RS-4.5. Development Describe Feedback: Services,the Planning Commission,the Zoning Board of Adjustment, City Management and City Council needs to get onboard with our ADP and the desires of our community. The City and City Council must do their jobs and stop violating the ADP! I am asking you to vote against the Sweet Bay development in Flour Bluff with high density residential housing, and I implore you to use the developed plans (the ADP). Please do not vote for zoning changes which are in contrast to the ADP or for additional high-density residential in Flour Bluff, e.g.Sweet Bay Development. Provide an email to receive a MARKY@HOOPERCONSULTING.COM copy of your submission. 4 !/ Public Comment& Input Form Date of Meeting 3/8/2022 Name GENEVA HOOPER Street Address: 3401 BALI DR Address City: CORPUS CHRISTI State/ Province:TEXAS Postal/Zip Code: 78418 Topic FLOUR BLUFF,THE FLOUR BLUFF ADP &ZONING Agenda Item Number 17 The Flour Bluff Community has been heavily involved and spent inordinate amounts of time working with the City on the Area Development Plan adopted on June 22, 2021. The ADP, its discussions and its use must be the backbone of any decisions considered or made by the City Council, City employees or Commissions. In the ADP (page 14), Flour Bluff is generally opposed to high density residential areas, e.g. RS-4.5. Development Describe Feedback: Services,the Planning Commission,the Zoning Board of Adjustment, City Management and City Council needs to get onboard with our ADP and the desires of our community. The City and City Council must do theirjobs and stop violating the ADP! I am asking you to vote against the Sweet Bay development in Flour Bluff with high density residential housing, and I implore you to use the developed plans (the ADP). Please do not vote for zoning changes which are in contrast to the ADP or for additional high-density residential in Flour Bluff, e.g.Sweet Bay Development. Provide an email to receive a idieanie@stx.rr.com copy of your submission. 5 ®® Public Comment& Input Form Date of Meeting 3/8/2022 Name JERRY HOOPER, SR Street Address: 3332 BALI DR Address City: CORPUS CHRISTI State/ Province:TX Postal/Zip Code: 78418 Topic FLOUR BLUFF ZONING AND ADP Agenda Item Number 17 The Flour Bluff Community has been heavily involved and spent inordinate amounts of time working with the City on the Area Development Plan adopted on June 22, 2021. The ADP, its discussions and its use must be the backbone of any decisions considered or made by the City Council, City employees or Commissions. In the ADP (page 14), Flour Bluff is generally opposed to high density residential areas, e.g. RS-4.5. Development Describe Feedback: Services,the Planning Commission,the Zoning Board of Adjustment, City Management and City Council needs to get onboard with our ADP and the desires of our community. The City and City Council must do their jobs and stop violating the ADP! I am asking you to vote against the Sweet Bay development in Flour Bluff with high density residential housing, and I implore you to use the developed plans (the ADP). Please do not vote for zoning changes which are in contrast to the ADP or for additional high-density residential in Flour Bluff, e.g. Sweet Bay Development. Provide an email to receive a JERRY@HOOPERCONSULTING.COM copy of your submission. 6 !/ Public Comment & Input Form Date of Meeting 3/8/2022 Name JERRY HOOPER JR Street Address: 3401 BALI DR Address City: CORPUS CHRISTI State/Province:TX Postal/Zip Code: 78418 Topic FLOUR BLUFF ADP AND ZONING Agenda Item Number 17 The Flour Bluff Community has been heavily involved and spent inordinate amounts of time working with the City on the Area Development Plan adopted on June 22, 2021. The ADP, its discussions and its use must be the backbone of any decisions considered or made by the City Council, City employees or Commissions. In the ADP (page 14), Flour Bluff is generally opposed to high density residential areas, e.g. RS-4.5. Development Describe Feedback: Services,the Planning Commission,the Zoning Board of Adjustment, City Management and City Council needs to get onboard with our ADP and the desires of our community. The City and City Council must do their jobs and stop violating the ADP! I am asking you to vote against the Sweet Bay development in Flour Bluff with high density residential housing, and I implore you to use the developed plans (the ADP). Please do not vote for zoning changes which are in contrast to the ADP or for additional high-density residential in Flour Bluff, e.g. Sweet Bay Development. Provide an email to receive a JLHOOPER@STX.RR.COM copy of your submission. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of March 8, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 22, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation Department DanteG(a-)-cctexas.com (361) 826-3133 THRU: Andrea Gardner, Assistant City Manager And reaGa(a-)-cctexas.com (361) 826-3506 Cole Park Pier Ordinance Amendment CAPTION: Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. SUMMARY: This ordinance provides amended language to Chapter 36, Article I, Sec. 36-10, including Cole Park Plaza and Cole Park Pier, regarding access to Cole Park Pier and the parking lot at Cole Park being limited to individuals that are fishing between the hours of 10:00 p.m. and 6:00 a.m. BACKGROUND AND FINDINGS: With the addition of a new Cole Park amenity - Cole Park Plaza, Parks and Recreation, in collaboration with the Corpus Christi Police Department, reviewed and is requesting to amend section 36-10, "Curfew; alcoholic beverages" of the City's Code of Ordinances. This ordinance was last amended in 2010. This amendment revises the language in the ordinance to include Cole Park Plaza as part of the park, thus adhering to the regular park operating hours. This clarification will ensure Cole Park Pier will continue to remain open for fishing at all hours and specify that the parking lot may be used to access the pier after Cole Park and Cole Park Plaza's closing hours. The parking lot will be open from 10:00 p.m. to 6:00 a.m. to individuals who are engaged in fishing at the pier. ALTERNATIVES: An alternative is to keep the original language and deny the ordinance amendment to Section 36- 10 of the City's Code or Ordinances. The amendment is intended to clarify that the Plaza and Pier are two separate park amenities which have different hours in which they are open to the public. FISCAL IMPACT: There is no Fiscal Impact for this item. RECOMMENDATION: Staff recommends the City Council approve the ordinance amending Section 36-10 as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Section 36-10 of the City's Code of Ordinances to clarify the curfew applicable to Cole Park Plaza and confirm that fishing on the Cole Park Pier is allowed at all times. WHEREAS, on December 17, 2021 , the City opened the new Cole Park Pier and Plaza, which allows City residents to fish and enjoy the view of the Bay; and WHEREAS, the City wishes to amend the park curfew ordinance to clarify when the Cole Park Pier and Plaza are open for fishing and for other purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi is amended by amending Chapter 36, Article I, Sec. 36-10 "Curfew; alcoholic beverages" by adding the underlined language and removing the +rl I,.U_+hre-Ug h Iannl 17no to read as follows: Sec. 36-10. - Curfew; alcoholic beverages. (a) Except in a city park on the Gulf of Mexico Beach, no person shall possess any alcoholic beverages in any city park or the parking lots connected therewith or adjacent thereto; however, it shall be a defense to prosecution that the person has or is acting under the terms of a lease, agreement or permit with the city or that the person is transporting closed containers across the L-Heads or T-Heads to a boat. (b) Between the hours of 10:00 p.m. and 6:00 a.m., no person shall enter or be present in any city park or parking lots connected therewith or adjacent thereto, including Cole Park and the Cole Park Plaza and the Cole Park Pier, but excluding all other bayfront parks, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T-Head, Lawrence Street T-Head, the L-Head, or any city park on the Gulf of Mexico Beach; and excluding a person permitted by ordinance to camp in particular city parks, a city employee in performance of the employee's duties, and a person permitted to engage in leisure and recreational activities 4n4e by the director of the parks and recreation department; and also excluding use of the Cole Park Pier in accordance with subsection (b)(1) below. norcnn fichinn o++ho (' �rL fichinn nr+hot the norcnn is ovomn+ from +ham+ linonco ronl liromon+ Cole Park Curfew: A person may not enter or be present in Cole Park, including the Cole Park Plaza and the Cole Park Pier, between the hours of 10:00 p.m. and 6:00 a.m., except as necessary to allow a person to fish at the Cole Park Pier at any time of day or night with proof that the person has a valid Texas Parks and Wildlife fishing license or that the person is exempt from that license requirement. No person may enter or be present in the parking lot at Cole Park between the hours of 10:00 p.m. and 6:00 a.m. except in the parking lot closest to the Cole Park Pier as necessary to access the Cole Park Pier for purposes of fishing as allowed by this subsection. (c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except fora city employee in performance of the employee's duties, shall enter or be present in any city bayfront park or parking lots connected therewith or adjacent thereto, excluding Cole Park, Corpus Christi Beach Park, Dolphin Park, Surfside Park, the Bayfront Arts and Science Park, Barge Dock, Peoples Street T- Head, Lawrence Street T-Head, and the L-Head. (d) Between midnight and 5:00 a.m., no person may enter or be present in Corpus Christi Beach Park, Dolphin Park, or Surfside Park, or on the following portions of the beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or"North Beach," including any adjacent portions of the Corpus Christi Beach Beachwalk and adjacent parking lots: BEING a tract of land containing 18 acres of land more of less out of a portion of Corpus Christi Beach, located in Corpus Christi, Nueces County, Texas. This 18 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point at the southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces County, Texas; THENCE N32°E along the southeasterly boundary line of said Block B and Blocks 18 - 23 and Block 385 of said Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas, a distance of 2,850'to a point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; THENCE southeasterly parallel to the existing jetty, a distance of 400' more or less to a point, which is on the extension of the low water line to the south, being the northeast corner of this tract; THENCE southwesterly meandering with said low water line, a distance of 2,870' more or less to a point on the southeasterly extension of said Block A, being southeast corner of this tract; THENCE N58°W crossing Corpus Christi Beach a distance of 190' more or less to the point and place of beginning and containing 18 Acres of land more or less. Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas. (e) The portion of beach that is restricted by the curfew in subsection (d) must be clearly marked with signs advising that the beach is closed between midnight and 5:00 a.m. The signs must be posted at the northern and southern limits of the restricted beach and at the point where each city street intersects with the beach. (f) The following parks must be clearly marked with signs advising the hours during which a curfew applicable to the park is in effect: (1) Corpus Christi Beach Park. (2) Dolphin Park. (3) Surfside Park. (g) The restrictions in subsection (d) of this section do not apply to a city employee in performance of the employee's duties, a person permitted to engage in leisure and recreational activities who has been issued a permit for the activities at those hours by the director of parks and recreation department. (Ord. No. 17051 , § 1 , 5-26-1982; Ord. No. 18814, § 1 , 4-30-1985; Ord. No. 19364, § 1 , 6- 24-1986, Ord. No. 20448, § 1 , 9-6-1988; Ord. No. 20576, § 1 , 1-24-1989; Ord. No. 21231 , § 2, 9-3-1991 ; Ord. No. 21444, § 2, 7-28-1992; Ord. No. 24739, § 1 , 1-22-2002; Ord. No. 026506, § 1 , 10-11-2005; Ord. No. 028830, § 2, 11-9-2010) Editor's note— Formerly numbered § 36-11 . SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 1-6 of the Code of Ordinances. SECTION 5. This ordinance takes effect upon official publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 SS\ FOR ACCAP Cs% V ' CORPUS r, ACCREDIrEU CHRISTI 's = PAM �hA RECRFAt�P Cole Park Pier Ordinance Amendment City Council ® March 8, 2022 Cole Park Pier Ordinance CHRISTI PARK56 Ordinance amending Chapter 36, Article I, Sec. 36-10 • The new Cole Park amenity- Cole Park Plaza, sparked collaboration with CCPD to amend Sec. 36-10 • The Amendment will clarify the language in the ordinance to indicate that Cole Park Plaza is part of the park and will be included in the regular park operating hours • The parking lot will be open from 10:00 p.m. to 6:00 a.m. to individuals engaged in fishing at the pier • No sleeping will be allowed on Cole Park Pier Cole Park, Plaza & Pier CHRISTI PARK56 c �o l O�pUS^�tiR r pp� k Plaza Pier & Parking Lot CHRISTI V14- PARK56 5 O�pUS^�tiR P Pier & Parking _- iesz" - �i i owe v 4Y r r q Plaza Pier & Parking Lot CHRISTI PARK56 r_. V 7 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6636 Yorktown Boulevard CAPTION: Zoning Case No. 0122-02, RFW AG Limited (District 5). Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily District. SUMMARY: The purpose is to allow for the construction of an apartment complex. BACKGROUND AND FINDINGS: The subject property is 12.17 acres in size. The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north are properties recently rezoned to the "RM-2" Multifamily District and "RM-1" Multifamily District is 2021 and 2018 respectively. Additionally, to the north is Master Channel 31 which is a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet. To the south across Yorktown Boulevard is Bill Witt Park zoned "RS-6" Single-Family 6 District. To the east is a large tract single-family home zoned "FR" Farm Rural District and a mini-storage business zoned "CG-2" General Commercial District. To the west is a mini-storage business zoned "FR" Farm Rural District and further to the west is Cimarron Lake Estates Subdivision with a Homeowners Association (HOA).The subdivision was rezoned in 2004 to the "RS-6" Single-Family 6 District. As area development increases, road improvements are needed to accommodate increased density for the Yorktown area. A potential two-year project has been identified in Bond 2022 program that will include road construction and traffic signal improvements for that area. The design will be completed by the end of December 2022. The project can be advertised for bids in January 2023 and construction can begin around April 2023. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-2" Multifamily District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 8 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.0% 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 ""RM-2" Multifamily District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District. Vote Count: For: 5 Opposed: 0 Absent: 4 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-02, RFW AG Limited: (District 5) Ordinance rezoning property at or near 6636 Yorktown Boulevard from the "FR" Farm Rural District to the "RM-2" Multifamily 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 12.17 acres out of Lots 15A & 14B, Section 21, Flour Bluff & Encinal Farm Garden Tracts, as shown in Exhibit "A" and "B": from the "FR" Farm Rural District to the "RM-2" Multifamily District. The subject property is located at or near 6636 Yorktown Boulevard. Exhibits A and B, which are the Metes and Bounds of the subject property with an associated map are 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 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 7 URBANA ENGINEERING Job No.:43 517.0 1,00 November 2,2021 Revised:November 11,2021 Exhibit A 12.17 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES FIELDNOTES,for a 12.17 Acre,Zoning Tract,being out of Lot 14-B,Section 21,Flour Bluffand Encinal Farm and Garden Tracts, a map of which is recorded in Volume 37,Page 164, Map Records of Nucces County, Texas and Lot 15-A,Section 21, Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume 50,Page 28,Map Records of Nueces County,Texas;said 12.17 Acre Tract being described by metes and bounds as follows; Beginning,at a 518 Inch Iron Rod with an Aluminum cap stamped"RPLS 4880"Found,being the North corner of Lot 1, Butler Addition, a map of which is recorded in Volume 67, Page 52, Map Records of Nueces County,Texas,for the East corner of the said Lot 14-B and this Tract; Thence, South 2838'10" West, with the common boundary line of the said Lots 1, 14-B, and Lot 1, Yorktown Mini Storage,a map of which is recorded in Volume 63,Page 137,of the said Map Records,a distance of 1284.06 Feet,to a 1 Inch Iron Pipe Found,on the North Right-of-Way Line of Yorktown Road,a public roadway, for the South comer of this Tract; Thence,North 61'28'19"West,with the said Right-of-Way line,a distance of 329.56 Feet,for a corner of this Tract,from Whence,a 518 Inch Iron Rod with a plastic cap stamped"BRISTER SURVEYING"Found,bears South 00°12'37"West,0.I8 Feet; Thence,North 28°33'47"East,a distance of 20.00 Feet,for corner of this Tract,from Whence,a 518 Inch Iron Rod with a plastic cap stamped"BRISTER SURVEYING"Found,bears South 61°28'19"East,0.12 Feet; Thence,North 61*28'19"West,with the said Right-of-Way l ine,a distance of 78.22 Feet,for a West corner of this Tract; Thence,over and across the said Lot 15-A and with the boundary of this Tract as follows: • North 29°15'18" East, at 201.51 Feet pass, a 518 Inch Iron Rod with a plastic cap stamped "BRISTER SURVEYING"Found Left,0.19 Feet,in all a distance of 811.73 Feet; • North 60'13'59"West,a distance of 35.50 Feet; • North 29°02'08"East,a distance of 453.29 Feet,to the Northeast boundary line of the said Lot 15- A for the North corner of this Tract; S\Surveying\43517\CIDOE-Plat-Zoning\OFFICEIMETES AND B0UNDS\43517CI00-Z0NING.d0cx Page l of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneny.coni TBPE Firm 9 145 •TBPLS Firm# 10032400 Page 4 of 7 Thence, South 61'15'09" East, with the said Northeast boundary line, a distance of 431.37 Feet,to the Point of Beginning,containing 12.17 Acres(530,246 Sq.Ft)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. tit 'ist URBAN ENGINEERING bA. '..EE VRB..... , 1 Dan L.Urban,R.P.L.S. License No,4710 S.ISurveyingl43517kCI00E-Plat-Zonmg50FFICESMETES AND B0UNDS543517C100-Z0NING.docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.a CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen&coni TBPE Firm 9 145•TBPLS Firm 4 10032400 Page 5 of 7 300 200 100 0 200 400 0 A IC SCALE Leger c: 1'=200' 05/8 Inch Iron Rod with red plastic cop stamped "URBAN ENGR CCTX" Set •5/8 Inch Iran Rod Found 05/8 Inch Iron Rod with plastic cap stamped "RPLS 4880" Found x5/8 Inch Iron Rod "8R15TER SURVEYING' Found =rill Hale Found _ 12 Acres out of Lots 3 4- - Vol. a1 Inch Iron Pipe Found and 4, Section 21ii,F[our Bluff and EncinalSouthwest o Farm and Garden10 Acres out of Lots 1 and 2. TractsSection 21 Flour Bluff and Encinal A, P s. 41-43, 9 BI-k 3 25'O.E. Farm and Garden Tracts M.R.N.C.T. ------ Vol- A. Pgs. 41-43, Map Records of (Owner. Dorsal - Nueces CountyTexasDevelopment, LLC) t (Owner Richard K. Jurech, ET AL) (poc- No, 2012032206. - of S61'15'09'E 431.37r G.P.R.N. `i Airline crossing Seain[linF Unit 3 Vol. 69. Ob N Lot 1 Pgs. 495-497. Mop Butler Addition Records of VoL 67, Pg. 52, Nueces County, Map Records of Nueces County Texas texas o O r g z a o�aa tz E-9 N z IN o°'o ID �u � Wag aV'v mr1-o o c r'1 a O Remc'mder of LJ y7 E A of 2 I I qu o m v N o Section a o Flour Bluff Encinal `�o E m Farm & Garden 's n rrcats Zoning Tract a E} ".� a z n ° p i o Vol. 50, Pg, 2B. 12.17 Acres o , Mop Records of 530246sf O n7 2 o Nueces County,ir1 _ Lot 14-6 �- v _ Texas n Section 21 try (..) Flour Bluff ap w p r.i m Enicir i Farm U _ Garden Tracts VSa n w v v a W Vol. 37, Pg. 164, o �� 'Co Map Records of Nueces County, Texas - "i o ®m. a j-) c gym IV m z sjo '_u in I Z �vILL d62 r z .�mao \\!a To y o a 0.12B �a L11 20 Y.R, tt sou 12.37' fN61'28`19'W - — — 329.56' Yorktown Boulevard LINE BEARING f11sTANCE EXh1b t B L1 N28.33 47'E 20.00 Sketch to Accompany 12 1 N61'25'1 9 78.22 F7f2Gh'01E5' for 1217 Acre, Iwlurg rmct, MW out of Lot 14-B, L3 N60'1359 35.50 Section 21, four Bluff and Erma! Farts and Carden Tmcts a map General Notes of which /s rmvrded in Kolume 37, Doge 164, Map Records of % 12.17 Acre Tract is located within the NUAM County, Teras and Lot 15-4 Section 21, flour bluff and City limits of Corpus Christi,Texas and a f ncmol Form and Carden Tracts, a map of which rs raeorded in subdivison based on this ✓olume 50, Page 28,Map Records of Nueces County, Texas o5 may be in violation of REV: Nov 1 1, 2021 the current Cay of corpus Christi DATE: Nov 2, 2021 subdivision ordinance. URBAN JOB 1"=200' 2. God Bearings and 0iatances shown JOB NO.: 43517.01.00 hereon are referenced 3. the Texas E N G I N E E R I N G Coordinate System of 1983. Texas South South 1IF � ,mss� � �a SHEET: 1 OF 2 zone 4205, and a e based an the North r=21^= n'+�+ DRAWN BY: JAB x.eu.�w� �xer.aw.m�r American Oatum of 1903(2011) Epoch ur4ansurveyl0urbanenq.com 2010.00. 0 2021 by Urban Engineering Page 6 of 7 p E� o c v m CV U a� NQ Nmc c NC04'0,Q'0,1 ,,,0�mw �c >eACV O— •• m z o m wz�i3.a m L'i O VI�fwo 'O T g V} O ~ V U P-18 o,A o0eoa o 0 a,aba 0 z Pool! M.L, V i ,a eawa,ll^� O W W _ Z aW ZSA e ry wn s Lu Ung eVag— e ee,xn� ur a,y Ro sol � o x � 0 VU 0 cn" 23-1 i Page 7 of 7 ZONING REPORT Case No. 0122-02 INFOR No. 21ZN1050 Planning Commission Hearin Date: January 12, 2022 r_ Owner: RFW AG, Ltd. o Applicant: RFW AG, Ltd. u .� Location Address: 6636 Yorktown Boulevard a N Legal Description: 12.17-acre tract out of Lot 14-B, Section 21 , Flour Bluff and Q °� o Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard, east of Cimarron Boulevard, and west of Rodd Field Road From: "FR" Farm Rural District To: "RM-2" Multifamily District io Area: 12.17 acres Purpose of Request: To allow for the construction of an apartment complex. Existing Zoning District Existing Future Land Use Land Use Site "FR" Farm Rural District Vacant Commercial Vacant and High Density North "RM-2" Multifamily District Drainage Residential 0 N Permanent Open South "RS-6" Single-Family 6 District Park Space "FR" Farm Rural District and Commercial and T East "CG-2" General Commercial Low Density Commercial LU District Residential "FR" Farm Rural District and Commercial and West "RS-6" Single-Family 6 District Low Density Commercial 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 commercial use. M o The proposed rezoning to the "RM-2" Multifamily District is consistent with the _ a adopted Comprehensive Plan (Plan CC) and warrants an amendment to the a o Future Land Use Map. Q City Council District: 5 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 330 feet of street frontage along Yorktown Boulevard which is designated as a "A3" ° Primary Arterial Street. According to the Urban Transportation Plan, "A3" a N Primary Arterial Streets can convey a capacity between 30,000 and 48,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume }' O Yorktown 130' ROW 166' ROW Cn Boulevard A3 79paved 90paved Primary Arterial N/A Staff Summary: Development Plan: The subject property is 12.17 acres in size. The applicant is proposing the construction of a 303-unit apartment complex. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was zoned "FR" Farm Rural in 1995 at the time of annexation. To the north are properties recently rezoned to the "RM- 2" Multifamily District and "RM-1" Multifamily District is 2021 and 2018 respectively. Additionally, to the north is Master Channel 31 which is a drainage right-of-way width of approximately 140 feet and a depth of 7.21 feet. To the south across Yorktown Boulevard is Bill Witt Park zoned "RS-6" Single-Family 6 District. To the east is a large tract single- family home zoned "FR" Farm Rural District and a mini-storage business zoned "CG-2" General Commercial District. To the west is a mini-storage business zoned "FR" Farm Rural District and further to the west is Cimarron Lake Estates Subdivision with a Home Owners Association (HOA). The subdivision was rezoned in 2004 to the "RS-6" Single- Family 6 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: Not Available Gas: 8-inch Service Line located along Yorktown Boulevard. Storm Water: 48-inch line located along Yorktown Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-2" Multifamily District is inconsistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: • 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) Staff Report Page 3 • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (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) • Encourage mixed-use development, where appropriate, to increase walkability and create community gathering places. (Southside ADP, Section 5.3) 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 proposed rezoning warrants an amendment to the Future Land Use Map. • The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract. The property has not been developed since annexation in 1995. • Recent rezonings in the area have occurred to various multifamily districts since 2018. • The subject property is across Yorktown Boulevard from Bill Witt Park and near the Del Mar College South Campus. Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multifamily District. Number of Notices Mailed — 8 within 200-foot notification area. 4 outside notification area 0 0 As of January 6, 2022: In Favor — 0 inside notification area — 0 outside notification area 0 Z In Opposition — 0 inside notification area `—' — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area 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 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 R -2 R -R A-1 R Q�'FFye RM-2 Fgso R. R °FF RM- 1 RM-1 y✓q~F�l �� 0� �iFgNogoF 47 p� 5 FO 1 7 $. G �' C -2 R"-6' o�� o� SUBJECT °RF ROPE F'S`D R RS- - G- 1 4 F CG-2 o,P'q%Y yoR�'rolyy 8 6 GF�j°O 6�1`Oa °FqC R `0 oc��R 2 3 itiGo R - Jr RS-6 f 211 L 0 1 5- CASE: 0122-02 " wF Zoning and notice Area RM-1 Multi dust amity 1 IIL Light Industrial P''a -. RM-2 MNltitamily 2 IH H.-Y Inrial RM-3Multilamiy 3 PUU Planned Unit D.,Overlay Ory Professional Office R5-10 SingleFamity 1D RM-AT Mullitamity AT R5Z Single-Family 6 CN-1 Neighberltacd Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TFT-Fatuity SUBJECT CR-1 Resa rt Commerciar RS-15 Single-Family 15 PROPERTY CR-2Resort Commercial RE Residardial Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit _-- a Intensive Commercial RV Recreational Vehicle Park CBO Oovmtown Commarsial RMH Manufactured Home �I CR-3 Resort Commercial. FR Farm Rural H Historic Overby SOu rCBS. eP Business Perk p p Esri, ❑® Sauer P,aP oensra HERE, .02X eemar O m, City of ow s wmnm zw r mdo 0— Corpus Garmin, a»eelme owneranro tesla Xan enaavxonChristi USGS, LOCATION M=API Zoning Case #0122-02 RFW AG, Ltd. Rezoning for a Property at 6636 Yorktown Boulevard From "FR" To "RM-2" a� Q� City Council March 8, 2022 Zoning Pattern and Adjacent Development o Qs-SASp RM.; low 2011&SP ,-0sM° Currently Zoned: "FR" Farm Rural District y Proposed Use: Q12�- f 303-unit apartment complex 2wagg9 �o Surrounding Uses: 034 _- �o �� North: Master Channel 31 PG30o PC�G34�l ' ��b� 0000 0 0 South: Bill Witt Park x ° gggg N East and West: Mini-Storage Business Public Notification R ° � R 8 Notices mailed inside 200' buffer q�F "`� RM-2 � AfS 4 Notices mailed outside 200' buffer RM-1 RM-1 �SN6`P> rx R,pNO9 v Notification Area 4Pp�`pp? °ry<,KF\ e CG-2 R �6 1e"� 0 Opposed: 0 (0.00%) °"< ��R ��° `� ' �a�o ,a �f�RQP€RTY Separate Opposed Owners. 0 RS ' /cc-z _NCFn - A�y�y0 In Favor: 0 (0.00%) ryC�R RS 4r5`"` Notified property owner's land in square RS-6 feet/Total square footage of all property in the notification area = wTsizo Percentage of public opposition s-a:.s� 3 Analysis and Recommendation RM'2 1"A R Consistent with the adopted Comprehensive Plan (Plan CC) oo .. °°"' �U � M°,1 ✓;�'ted' ' The proposed rezoning warrants an 140 amendment R9 e� per <,°N., •, a �` < � Wamendment to the Future Land Use Map. The property is currently vacant and is a remaining unplatted "FR" Farm Rural tract. RFF� eP PROPERTY The property has not been developed since annexation in 1995. «r Recent rezonings in the area have occurred to various multifamily districts since 2018. The subject property is across Yorktown Boulevard from Bill Witt Park and near the Del Mar College South Campus. Ra$- i Planning Commission &Staff hw Recommendation: Approval RM - 2 R _R R o�FFNe RM- 2 FSS, o,Q R�S - 6 QVFF RM- 1 RM - 1 N✓�NFST ,O �`V R X41 CG - 2 RS= 6 o' SUBJECT IPI RTO PERTY F`r0 R RS - 6 CG- 1 FR CG- 2 G- ORgN rG - A CFT'AO'Q yOR�T�� Fq_ N,e O,Q hl,4R �NGo R R - 4 . 5, RS - 6 12113' 0 1 S - 4 . CAVE. 0122-02 � SUBJECT PROPERTY WITH ZONING q' 3�orngde W S E Yorkrowrr' Subject m a Property a A-1 Apartment House District -1 Limited Industrial District A-1A Apartment House District _2 Light Industrial District SUBJECT A-2 Apartment House District 1-3 Heavy Industrial District PROPERTY AB Professional Office District PUD Planned Unit Development AT Apartment-Tourist District R-1A One Family Dwelling District B-1 Neighborhood Business DistrictR-113One Family Dwelling District -,_,ptes St B-1A Neighborhood Business District R-1C One Family Dwelling District B-2 Bayfront Business District R-2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District Sources: B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit ;M� Esri, B-6 Primary Business Core District T-1A Travel Trailer Park District City Of HERE, BD Corpus Christi Beach Design Dist. T-1 B Manufactured Home Park District y Garmin, F-R Farm Rural District T-1C Manufactured Home Subdivision COrpUS HC Historical-Cultural Landmark District Christi USGS, LOCATION MAP Preservation so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 3402 Rodd Field Road CAPTION: Zoning Case No. 0122-03 Church Unlimited (District 5). Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. SUMMARY: The purpose is to allow for a larger 376 sq. ft. wall-mounted sign for a place of worship. BACKGROUND AND FINDINGS: The subject property is 9.7 acres in size. The owner is requesting a Special Permit to allow for a larger 376 sq. ft. wall-mounted sign for a place of worship. The subject property is currently zoned "RS-6" Single-Family 6 District and consists of a place of worship (Church Unlimited) that allows for a sign no bigger than 40 sq. ft. The place of worship was constructed in 2014 and is a 32,000 square foot building, a 5,000 square foot canopy and 224,623 square feet of parking for public/semi-public use and currently has no sign. To the north as well as east is property zoned "RM-1" Multifamily District with the existing use being medium density residential (Southlake Ranch Apartments, vacant). Additionally, to the north is property that is vacant zoned "FR" Farm Rural District. To the south are properties zoned "RS-6" Single-Family 6 District (Kolda Elementary) with existing land use being public/semi-public as well as "RS-4.5" Single-Family 4.5 District with low density residential uses (The Cottages at Southlake). To the west is a property is zoned "CG-2"General Commercial District and with the existing land use indoor recreation (The Moose Lodge 734) as well as vacant property zoned "FR" Farm Rural District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high-density residential uses. The proposed rezoning to the "RS-6/SP" Single- Family 6 District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Public Input Process Number of Notices Mailed 20 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 0.68% 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 with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "RS-6" Single-Family 6 District with a Special Permit. Vote Count: For: 5 Opposed: 0 Absent: 4 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-03, Church Unlimited: (District 5) Ordinance rezoning property at or near 3402 Rodd Field Road from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1 , Block 1 , Bay Area at South Lake, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit. The subject property is located at or near 3402 Rodd Field Road. Exhibit A, which is a map attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Sign Provisions: The wall-mounted sign for the subject property shall be permitted based on the following conditions: a. The maximum size of sign area shall not exceed 25% of the building wall square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure c. The sign may be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 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 4 Exhibit A FR RS-0 RM-1 G-P �4 1� + +2'' norL�.p.a n.�r dLw.. r.�rr4 Case # 072 -0r SUBJECT PROPERTY V1.1 TH ZONING S V' GBACT PROPER]'Ij R4-I NUIIY°�nlry 7 I_ LW hl lrrd_sIiYJ N.HhmYM3 IH Mavy lydu.YWl NUIIY•�n IM] Rl] rlernM L":1,1311 4waeF OK �aft.sb-W C+••Ie'e R5.1@ 54 0 Frrti10 RYFiI 4ultll.rr11y 41 R5-0 SY10M•lirrdIVl r CFe .K-1 Y.I:r yort..A=Rmm.r:la1 R,",S 11M M4-rd C H.:. K.ghbo-t—d C�nrtw rd.l R7-rr 14.—.nily {H-I R.esr•{�rrrmrrc'MI RSM1 Shgk1 F.Iryly li CR-2 H.eo-a=onrrwrclul REel ee4M =G.1 GxrrrY=o-mm.r_I.I �y,•1y T TLA—ftuR.yL"YN C7-.. Garr nl C—nrrrlel SR eperiel P-11 CI Yrbrn.Iv.=enm.rcl.l Yllr 4r-e@rnr 4.Iwie Perk ,: ceo coerrwe.C�nrn.r<Ir rr R4.1 MnuhcMna Hone CR-] RemeAC-0rrrmere Vl FR IUXhIRrkC rirF .. _ '0 [•i�l OR e4Nrr.arRwY LocAToOfi Page 4 of 4 STAFF REPORT Case No. 0122-03 INFOR No. 21ZN1048 Planning Commission Hearin Date: January 12, 2022 r- Owner: Church Unlimited a a Applicant: Church Unlimited Location Address: 3402 Rodd Field Road QLegal Description: Lot 1 , Block 1 , Bay Area at South Lake, located along the o east side of Rodd Field Road, south of Brooke Road, and north of Airline Road From: "RS-6" Single-Family 6 District To: "RS-6/SP" Single-Family 6 District with a Special Permit 'Es Area: 9.7 acres N Purpose of Request: To allow for a larger wall-mounted sign for a place of worship. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 Public/Semi- High-Density District Public Residential Vacant, Medium "FR" Farm Rural District and High-Density � N North Density"RM-1" Multifamily District Residential Residential 'E Low Density o "RS-4.5" Single-Family 4.5 Medium-Density Residential, South District and "RS-6" Single- Residential, Public/Semi- Family 6 District Public Institutional LU Vacant and High-Density East RM-1 Multifamily District Medium-Density Residential Residential "CG-2" General Commercial Commercial, Commercial and West District and Vacant High-Density "FR" Farm Rural District Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Southside Area Development Plan and is planned for high-density M o residential uses. The proposed rezoning to the "RS-6/SP" Single-Family 6 2 Za District with a Special Permit is consistent with the adopted Comprehensive a o Plan (Plan CC). Q City Council District: 5 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 130 feet of street frontage along Rodd Field Road which is designated as an "AY o Primary-Arterial Street. According to the Urban Transportation Plan, "AY Primary-Arterial Streets can convey a capacity between 30,000 to 48,000 = Average Daily Trips (ADT). Rodd Field Road's full-depth reconstruction, from ca Saratoga Boulevard to Slough Road was completed in 2021 . Street Urban Transportation Existing Section Traffic Plan Type Volume 130' ROW " d Rodd Field "AY Primary-Arterial 44' paved 10,834 Road Street 30' median ADT (2018) 4 travel lanes Staff Summary: Development Plan: The subject property is 9.7 acres in size. The owner is requesting a Special Permit to allow for a larger wall-mounted sign for a place of worship. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District and consists of a place of worship (Church Unlimited). The place of worship constructed in 2014 is a 32,000 square foot building, a 5,000 square foot canopy and 224,623 square feet of parking for public/semi-public use. To the north as well as east is property zoned "RM-1" Multifamily District with the existing use being medium density residential (Southlake Ranch Apartments, vacant). Additionally, to the north is property that is vacant zoned "FR" Farm Rural District. To the south are properties zoned "RS-6" Single-Family 6 District (Kolda Elementary) with existing land use being public/semi-public as well as "RS-4.5" Single-Family 4.5 District with low density residential uses (The Cottages at Southlake). To the west is a property is zoned "CG-2" General Commercial District and with the existing land use indoor recreation (The Moose Lodge 734) as well as vacant property zoned "FR" Farm Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for high-density residential uses. The proposed rezoning to the "RS-6/SP" Single-Family 6 District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Unified Development Code Consistency: Signs §7.5.1 Purposes 0 To protect the City's appearance and the quality of life of its citizen Staff Report Page 3 • To establish standards and provide controls that permit reasonable use of signs and enhance the character of the City • To support and promote the use of signs to aid the public in the identification of businesses and other activities, to assist the public in its orientation within the City, to express the history and character of the City, to promote the community's ability to attract sources of economic development and growth, and to serve other informational purposes • To protect the safety and efficiency of the City's transportation network by reducing the confusion and distraction to motorists, reducing collision hazards and enhancing the motorists' ability to see pedestrians, obstacles, other vehicles, and traffic signs. • The Unified Development Code (UDC) has specific provisions for the placement of signs for noncommercial uses in single-family zoning districts. Section 7.5.13.E Freestanding and Wall Signs for Noncommercial Uses states, "Wall signs for noncommercial use located on the premise may not exceed 40 square feet each and may not be illuminated." Department Comments: The proposed rezoning is consistent with the Future Land Use Plan (Plan CC) of the Southside Area Development Plan; however, the following should be considered: • The Special Permit is to permit a larger wall-mounted sign for a place of worship • Property will maintain base zoning of "RS-6" Single-Family 6 District • Due to distance from adjacent properties the signage will not negatively impact adjacent properties as the wall-mounted sign will only be located on the portion of the building facing Rodd Field Road. 0 350 feet from properties to the north 0 320 feet from properties to the south 0 390 feet from properties to the east 0 375 feet from properties to the west and Rodd Field • Currently, subject property owners are limited to a wall sign of 40 square feet in area and the sign may not be illuminated • Proposed signage will aide in identification of the property and enhance safety as the church campus has one entrance along Rodd Field Road which has a posted speed limit of 45 m.p.h. Staff Recommendation: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS- 6/SP" Single-Family 6 District with a Special Permit with the following conditions: 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Sign Provisions: The wall-mounted sign for the subject property shall be permitted based on the following conditions: Staff Report Page 4 a. The maximum size of sign area shall not exceed 25% of the building wall square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure. c. The sign may be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Number of Notices Mailed — 20 within 200-foot notification area. 4 outside notification area = As of January 10, 2021: 0 In Favor — 0 inside notification area — 0 outside notification area z0 In Opposition — 1 inside notification area — 0 outside notification area a Totaling 0.68% of the land within the 200-foot notification area 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/Totalsquare footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 FR 1 C6. 2 S? f, SUBJECT1% PROPERTY I CG-2 i3 $ 2 6 0 9 �s Rs-6 1. }2 7 fA t Gx1 da:4{ -a aar i} LSG `s 0., V R.Y.mcl Pr.4ar� `3F'.' .�' • dartrrtr:rrr t.l.ar lo�..mrs Sai rca, Case ## 0722-03 ZGNfNG & N07IGE AREA P RM-t hjImui I uprt r7au-ral RM-E hY--1a^sl:2 H -aas}Irc uu:rLal u r RMS Milllramlly 3 PUd Planrac Urk D-C-rkw ON Pi',:.I—1{:ffl, R&A }ryalb-FamllV 19 WR RM-RT MullHmNly ATFl }-,Oleoma-�I y 4 CH-1 rlelyhb lh-d ponnmeroFal P'IS lA6 8 r7"ra^}I-f CM,t rN/Wb tgc-0CY11mMfalal Ra-TF r F.vr'lly aT CR-1 P---d dommerclal R&.16 },glo-Famlly 16 d C" fINGWt CARYrrJIMFaI ReLltlemlal Eclada C�p a.l 004 awxralCnmrrrrald RE-TH 7—heuca LOr�11N C,huYt,ark C8.2 [telt 1Cpr�Yr . yP Speslal Perreh CI Mentlre Comemmlal Z• Raoremb-MYehlele Pari CH ClpYirm0—r-1 erelal RYH Wnrlmoturatl Hark CRS Placed CormrerHal FR Farm Rurd y H Hlc t---wrler BP L4rtlnecc Par! E mowi+i.Nr' ❑S., ® —P-p.rrr Au,ae< r:.wr City of Xr Lx� ILOCATION MAP —'�w. Christi Staff Report Page 6 Yaars'orta whh daaliftes plaw4V to atiend this meeting,vAroo may raquMe coeval services are reauosted to coMavi the Develrprrwrt SaPAM oaparlin,*t at lisest 40 hours in advance at{361y 926-3240 Pefsonas coir itrcuapS,d84a&. 14-n tis rr+teecido oe as x_ll_r_ ash iurtr r un I t I min sraYicios respWilihK ea tae blt24%,ou den aveto AS bM mntes de la unla IlarraMlp 6I.QBpartar_fmo...-t4-m-co=6 9q d4sanndNt�MM wimisre 1351]t32ti32W. 0 you wnsn to aadraw the Cwrrnecsicn cwirv4 lwe meunrng And your 6 's rrr4ad pwase cold the Derelopr"Services nepartnnen^ar{38AI 826-3240 al ioaaf AS hours in Aaxancs to wques!an rrtr+rpreter ba pre:_rr.during the >Cet ng 5 kioWQQ r 4n.di:ra+rte Is runla Ys++in®pax as arnrtarta,fat+Ata1A-II r�l�r a':epa{16 Ujntu de sarYcios oe desenea1+a a ritime.,-iti,I bC al mens ag hwas arrt�es p,,jj jynta.Darascirc(str,�th. y•-es�rre.oirar.te.ia.lt:,lts CITY PLANNING COMMISSION' PUBLIC HEARING NOTICE Rezoning Case No. 0122-02 Church Unlimited has petitioned the City of Corpus Christi to consider a change cf zo 7 ng from the"RS-6" Single Family ti District to the"RS-61SP"Single-Eamihr B District with a Special Permit,not resulting in_a chanj3a to the Future Land Use ItillaD The proposed Change of zonina is to allow for a larger wall Sid�..W... n on the property.The property to be rezoned is described as A prulyerty located ator near 3402 Rodd Field Road and described as Lot 1, Block 1. Bay Area at South Lake, located along the east side of Rodd Field Road, south of Brooke Road, and north of Airline Road- The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classification andfor Special Permit. Approval of a change of zoning, d inconsistent with the City s Com prehe rsive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council Time public hearing will W held Wednesday.January 12, 2021 during one of the Planning Commission's regular meetings. which begins at 6:30 .m.. In the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request For more information, please call(381)826-3240 TC BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P o BOX 9277 ;;ORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES R'uBI IC RF(,)P7 NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal„ either at horse or office,or in person, by telephone call or by letter. Printed Narne! jli1l .J): Address. CttlfState'r '� + L6t"'1 -,fl. i ( p IN FAVOR 41N APPOSITION Phane: 544, M5_ IVd_j REASON: E y1"Z CIP AI-k-L, .* �I., y!r c= ' _ rtSZt1J Ta_p, ":- . + Gt , {�t,r r r'> w• Ez `fes e0 rn_1_M1"__r_i.r At 'Y 44""o Pal ,c .a ref iu °i $tore f /A ��-�"'��-✓} SE'E MAP ON RE VERSC-SAX Case 12202 1NFOR Case No 21214,045 Case i&nrger.Eleraa"ntallo Property c?wnef 1D 6 Einvii eienrabQoctaxas.com Zoning Case #0122-03 Church Unlimited Rezoning for a Property at 3402 Rodd Field Road From "RS-6" To "RS-6/SP" , � A O I� C� Q@� 0 0 P-op[E- @ r • City Council •• February 22, 2022 Zoning Pattern and Adjacent Development Currently Zoned:"RS-6"Single-Family 6 District Use: Place of worship(Church ra M��. � ®�° Unlimited). 2013 Building:Constructed in 2014 is a 32,000 square foot building,a 5,000 ij square foot canopy and 224,623 square feet of parking for public/semi-public 8.2 use. Q SUBJECT T Surrounding Uses: 0 FROMM North and East:Southlake Ranch o Apartments O South:Kolda Elementary and The Cottages at Southlake • West:The Moose Lodge 734 and • , vacant property Public Notification 20 Notices mailed inside 200' buffer N 4 Notices mailed outside 200' buffer FR Notification Area 1 H NS.i 1 Opposed: 1 (0.68%) R..1 u Separate Opposed Owners: 1 `G SUB.IECi PROPERTY nom$' �v C6-= �~ In Favor: 0 (0.00%) e Notified property owner's land in square = 6 3 ° feet/Total square footage of all property in ' 12 Z � 16 ns-t the notification area = v Percentage of public opposition 3 Staff Analysis and Recommendation Request: A larger wall-mounted sign for a place of worship Property will maintain base zoning of"RS- �r 6" Single-Family 6 District. A larger sign will not negatively impact w adjacent properties as the wall-mounted sign will only be located on the portion of G�h o I the building facing Rodd Field Road. Pl• Currently, subject property owners are f limited to a wall sign of 40 square feet in e° ;u area and the sign not be illuminated PROPERTY E�r % � 9 may as per UDC Section 7.15.13.E ° ref t Proposed signage will aide in identification of the property and enhance safety as the church campus has one <� entrance along Rodd Field Road which -s has a posted speed limit of 45 m.p.h. • Consistent with Future Land Use Map • PC &Staff Recommendation: Approval of Q _ Special Permit Special Permit Conditions 1. Uses: The only use(s) authorized by this Special Permit are those permitted by right in the base zoning district as per the Unified Development Code (UDC). 2. Wall-Mounted Sign Provisions: A wall-mounted sing shall be permitted based on the following conditions: a. The maximum size of sign area shall not exceed 25% if the square footage for the building elevation that faces Rodd Field Road. b. The sign must be attached flat against the wall of the building and shall not project more than 36 inches from the building or structure c. The sign shall only be internally illuminated. 3. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete sign permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Proposed Signage w 1�r>lurcwYMlLtmk�s „nl r wn+�r uwu .J uon of wea Llan r.:.w awrnn. Y■nl conn,prllY r.te 1 in�,r.J I u, ,.� uc curl. nr,• Ik IYT tIIL M1". '. I.lttl AMflff I ''1 YYu1 ,..lerllll Ytn ual '.... 62'9" utellluor. r111 uc: '''.,. �� •:ll:r1l.1l W:YtI1lV UU.'_. ', --clh-urchunlimitei 6 MOW r.m YYI�sr -- ------------- Y]I! SkCTIpN OkTAIL,TYP NTS m m • • '. churchunlimited •-. any �.'�`a• "+" ^ ri ' �. r -i' rL a 4 a'✓. 'k4 � a t� ` ✓ '1 e 't.FR � „; � .;;* �► _ �Ilr��r .. Gam,,,,, r � `"L'S,.�l�'• `�,k t 4� fix. ' ' '^;a„ ''� :� � f � '�:. .. r. 4 RS-6 # �4 ` Q V !dR � CG-2 �~ SUBJECT ' PROPERTY , Ik T fiery Q �a R �^ t Date Created:12 13/2021 0 250 500 Prepared By:ReyR Feet Department of Development Services 7 Case # 0122-03 Aerial with Subject Property �P 5 No<<.yqo Subject SUBJEC,T �a � Proertt �PROPERTIt o�gia�F P Y e� 4gP rr� p Cayo Dei Oso Qo Corpus Christi Bay oso� o o� q q1�0 1141-11. ? NN' E gq�FFi Map Scale: 1:2,500 ----- City o{ Oso c COr[JUS LOCATION MAP — — —"k Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 03/08/22 1852 Second Reading Ordinance for the City Council Meeting 03/22/22 DATE: January 28, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 5409 Lipes Boulevard CAPTION: Zoning Case No. 0122-04, Saratoga Palms Properties, Ltd: (District 5) Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. SUMMARY: The purpose is to allow for construction of an apartment complex with increased density. The developer is proposing a 246-unit apartment complex consisting of three-story tall buildings with 466 parking spaces. The applicant is seeking to amend the existing special permit to allow a density of 28 dwelling units per acre. BACKGROUND AND FINDINGS: The subject property is 9.43 acres in size. The subject property was rezoned to the "RM-1/SP" Multifamily District with a Special Permit in 2015. To the north across Lipes Boulevard is Crossgate Park and residential homes zoned "RS-6" Single-Family 6 District. To the south are residential homes zoned "RS-6" Single-Family 6 District. To the east are two multifamily developments zoned "RM-1/SP" Multifamily District with a Special Permit and consisting of a combined 169 dwelling units. To the west is a vacant property zoned "RM-1/SP" Multifamily District with a Special Permit with a 60-unit apartment complex currently under construction and the Incarnate Word Convent zoned "RM-1" Multifamily District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Public Input Process Number of Notices Mailed 32 within 200-foot notification area 4 outside notification area As of January 29, 2022: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 0.81% 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 "RS-6/SP" Single-Family 6 District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "RS-6/SP" Single-Family 6 District with a Special Permit. Vote Count: For: 4 Opposed: 1 Absent: 4 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Ordinance rezoning property at or near 5409 Lipes Boulevard by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density on 9.43 acres from 22 dwelling units per acre to 28 dwelling units per acre. 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"), corresponding UDC Zoning Map of the City of Corpus Christi, Texas, and Ordinance No. 030434 is amended by amending the Special Permit in the "RM-1/SP" Multifamily District with a Special Permit to increase density from 22 dwelling units per acre to 28 dwelling units per acre on the subject tract described as a 9.43-acre tract out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A" and "B". The subject tract is located at or near 5409 Lipes Boulevard. Exhibits "A" and "B", which are the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 U RS�N ENGINEERING Job No. 12097.0 1.02 November 3,2021 Exhibit A 2.431 Acre Tract STATE,OF TEXAS COUNTY OF NUECES Fieldnotes,for a 9.431 Acre,Zoning Tract,out of Lots 6,and 7,Section 6,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County,Texas, said 9.431 Acre Tract being more fully described as follows: Beginning,at a 1/2 Inch Iron Rod Found,on the Southwest Right-of-Way line of Lipes Boulevard,a 60.00 Foot Wide Public Roadway,being the North comer of Lot 2,Block 2,Village at Henderson Subdivision,a map of which is recorded in Volume 69, Page 469, of said Map Records, for the East comer of this Tract and Point of Beginning; Thence,South 28°38'38"West,with the Northwest boundary line of the said Lot 2,the Southeast boundary of this Tract,a distance of 958.31 Feet,to a 1/2 Inch Iron Rod with a cap stamped"BCE,LTD RPLS 4540"Found, on the Northeast boundary line of Block 3,Graford Place Unit 3,a map of which is recorded in Volume 68,Page 144, of said Map Records,and for the South comer of this Tract; Thence,North 61°26'32"West,with the said Northeast boundary line of Block 3,a distance of 266.87 Feet, to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found for the South comer of Lot 1,Block 1 Avanti Legacy Bayside,a map of which is recorded in Volume 69,Page 469,o£said Map Records and for the West comer of this Tract; Thence,North 28°35'22"East,with the Southeast boundary line of the said Lot 1,Block 1,a distance of 502.19 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found,for the East comer of the said Lot 1,Block 1,for an inner ell comer of this Tract; Thence,North 61°2438"West,with the Northeast boundary line of said Lot 1,a distance of 362.84 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"FRONTIER 10082900"Found,for an outter ell comer of the said Lot 1 and for a West corner of this Tract; Thence,North 28°35'22"East, continuing with the Southeast boundary line of said Lot 1, a distance of 416.44 Feet,to a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Set,on the said Right- of-Way line of Lipes Boulevard,for a comer of this Tract; Thence,South 61°23'52"East,with the said Southwest Right-of-Way line,a distance of 116.71 Feet,to a 5/8 Inch Iron Rod with a cap stamped`Bass and Welsh"Found,for a comer of this Tract and the beginning of a circular curve to the Left,having a Delta of 11°31'54",a Radius of 623.94 Feet,an Arc Length of 125.58 Feet,and a Chord which bears South 67109'56"East,125.37 Feet; Thence,with said circular curve to the Left,a distance of 125.58 Feet,to a 5/8 Inch Iron Rod with a cap stamped`Bass and Welsh"Found,for a comer of this Tract; Thence,South 73°00'30"East,continuing with the said Southwest Right-of-Way line,a distance of 99.87 Feet,to a 5/8 Inch Iron Rod with a cap stamped"Bass and Welsh"Found,for a comer of this Tract and the beginning of a circular curve to the Right,having a Delta of 11°32'53",a Radius of 365.96 Feet,an Arc Length of 73.76 Feet, and a Chord which bears South 67°02'09"East,73.64 Feet; S:ISu[veyiag1120971C102ElOFFICE\NMTPS AND BOt1NDS112097C102E_202101027.docx Page 1 oft (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001. www.urbangng.com TBPE,Firm#145 e TBPLS Firm#10032400 Page 4 of 6 Thence,with said circular curve to the Right,a distance of 73.76 Feet,to a 5/8 Inch Icon Rod with a red plastic cap stamped"URBAN ENGR CCTX"Set,for a comer of this Tract; Thence,South 61124'20"East,continuing with the said Southwest Right-of-Way line,a distance of 218.07 Feet,to the Point of Beginning,and containing 9.431 Acres(410,796 Sq.Ft)of land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form, surveyor assumes no responsibility for its accuracy. 0.6449 Acre Tract is located within the City limits of Corpus Christi, Texas and a subdivision based on this sketch/description may be in violation of the current City of Corpus Christi subdivision ordinance. Also reference accompanying sketch of tract described herein. Of" URBAN ENGINEERING DA>�l !-EE UFtBItN . 4714 0'v4 SURQ Dan L.Urban,R.P.L.S. License No.4710 S:\Surveying\120971C102E\OFFICE\METES AND BOT.1NDS\12097C102E_202101027.doex Page 2 0€2 (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE,Firm#145 a TBPLS Firm#10032400 Page 5 of 6 Exhibit B `Point of Ha/innlo�' Lipes Boulevard ^ eo'a,o.w '2 C2 S61'24'20'E 218.07 2 � 25'arainage Easement(Doc.8C 1740,o.R.R.N-C-T. 2a'Y.R. i L1 C1 ----- -------------------------- -1ou.c,= - dYR.r - - I I I CUR LTA ANGLE RACIUS C TH CHORD BEARING CHORD Cl 1131 54 623.94 125.58 567'17956 E 1p5.37 C2 11.325 3 1'3253 365.96 73.76 56702 09 E 173.54 li LINE BEARING DISTANCE it L7 S61'23 52 E 116.71 I 1-2 573'00 30 E 99.87 ka I I Leaen i I I I 05/8 Inch Iron Rod with red plastic cap I I I' stamped " URBAN ENGR CCTX" Set I I l e 1/2 Inch Iron Rod With cap stamped wl 1• "BCE, LTD RPLS 4540" Found 1 9.431 Acres ^i •I/2 Inch Iron Rod Found 410,]98ai I e 5/5 Inch Iron Rod with plastic cap stampad 'BASE AND WELSH ENGR" Found I I I i AS/8 Inch Iron Rad with red plastic cap I i I stamped ° FRONTIER 10082900" Found � ILO I � I i N61'24'38'W 362.84' ; I r I M I D] I Ih ` N V1wi-------------------------------- - x I I I Lot 1, Block 1 c Avenb Legacy Beyalde i N m Vol_ 69, Pg. 469 I v Map Records of Nueces County, Texas i o m rn m N o I � I W os= ExhibitB -a>' N I N Sketch to Accompay M n I I eo s FIELDNOTES for a 9.431 Acre, Zoning Tract, i lI Z out of Lots 6, and 7, Section 8, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41—43, Map Records of Nueces County, Texas. I ------------------------- I ---------------------------------------------------- ------ -----------------------______ __ -199ba18A01,CPRNC.T.Z- _____ ________ ----- ------ ----- --19v.:.- ------ ------ ------ ----N61 6*32'W 266.87----------- 18R 20 21 22 23 24 25 26 27 le 29 7a Black 3 Graford Place Bnit 3 Vol, 68, Pg. 144 1 Map Records of Nueces County, Teras 25'YR. Graford Place DATE: Nov. 5, 2021 Caneral Nota, URE AN SCALE: 1'=100' 9.431 Aere T—d 1. heated within the City JOB NO.: 12097.C1.02 rmu� of Carpus Christ'. Teras and o ENGINEERING SHEET: 1 of 2 subdivision based on this sketch/descrlption may be in violation of the current City ar DRAWN BY: XG Corpus Christi subdivision ordinance. urbansu—yl Mrbaneng.cam 02021 by Urban Engineering Page 6 of 6 Ordinance amending the Unified Development Code ("UDC"), upon application by The Convent Academy of the Incarnate Word ("Owner"), by changing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of The Convent Academy of the Incarnate Word ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 14, 2015, during a meeting of the Planning Commission, and on Tuesday, February 10, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by The Convent Academy of the Incarnate Word ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Lipes Boulevard approximately 650 feet west of South Staples Street (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit(Zoning Map No. 045032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the following condition: 1. No structures or dumpster enclosures within 50 feet of the southern property line adjacent to the single-family residential district. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. c1 .30434 INDEXED SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0115-01 Ordinance-SP-The Covent Academy of the Incarnate Word.docx Page 2 of 3 The foregoing ordinance a read for the first time and passed to its second reading on this the W may of , 20_LS by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on � this the ay of , 2019, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the 444ayof 20_L. ATTEST: Rebecca Huerta Nelda Martiftbz City Secretary Mayor EFFECTIVE DATE 2J-S030' 434 r 0115-01 Uroinarit; - - I n Academy of the Incamate Word.docx Page 3 of 3 MURRAY BASS,JR., P.E.,R.P.L.S. 3054 S.ALAMEDA,ZIP 78404 Nlxok M.WELSH, P.E.,R.P.L.S. 361 882.5521— FAX 361 882-1265 www.bass•wclsh.com e-mail: murravirPaol.com e-mail: nixmw(aaol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 Field Note Description 26.32 Acre Tract May 16,2012 Being a tract situated in Corpus Christi,Nueces County,Texas a portion of Lots 6 and 7,Section 6, Flour Bluff and Encinal Farm and Garden Tracts as shown on the map thereof recorded in Volume "A"at Pages 41 through 43 of the Map Records of Nueces County, Texas and being generally described as the east 26.32 acres of that 41.32 acre tract described in the Warranty Deed to Convent Academy of the Incarnate Word recorded under Clerk's File No.2006056129 of the Official Public Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found at the northeast comer of the heretofore referenced 41.32 acre tract for the northeast comer of this tract; THENCE S 28057'10"W along the east boundary of the 41.32 acre tract and the west boundary of Lot 1-A,Block 1,Stonehenge,Unit 1,a map of which is recorded in Volume 64 at Page 286 of the Map Records of Nueces County,Texas and Lot 1,Block 1,San Marin,a map of which is recorded in Volume 57 at Page 193 of the Map Records of Nueces County,Texas,a distance of 958.04 feet to a 518 inch iron rod found for the south boundary of Henderson Street, a public roadway, the southeast comer of the 41.32 acres,for the southeast comer of this tract; THENCE N 61004'37"W along the south boundary of the 41.32 acres,a distance of 1,209.58 feetto a point for the southwest comer of this tract,said point being the southeast comer of a heretofore described 15.0 acre tract; THENCE N 28055'23"E across the 41.32 acre tract,along the east boundary of the 15.0 acre tract,a distance of 918.67 feet to a point In the south right-of-way line of Lipes Boulevard the northeast comer of the 15.0 acre tract and the northwest comer of this tract; THENCE along the south right-of-way line of Lipes Boulevard S 61602'50" E a distance of 176.50feet to the point of curvature of a curve to the left; THENCE along said curve to the left whose radius is 623.94 in an easterly direction,a distance of 125.64 feet to the point of tangency of said curve; THENCE continuing along the south right-of-way line of Lipes Boulevard S 72°35'03"E a distance of 100.00 feet to the point of curvature of a curve to the right; THENCE continuing along the south right-of-way line of Lipes Boulevard on said curve to the right, whose radius is 365.96 feet in a southeasterly direction, a distance of 73.69 feet to the point of tangency of said curve; 07013-Fie4d Note Desc3.doc Page 1 of 2 Exhibit"A" THENCE continuing along the south right-of-way line of Upes Boulevard,S 61°02'50"E a distance of 737.59 feet to the POINT OF BEGINNING, forming a tract embracing 26.32 acres. MUEtfiAY BASS.J %9,.2128. �R- rray Bass,Jr.,R.P.t_.S. r 9 8•�8 j,1`��'y0 i Note Basis of Bearing is the west One of the 41.32 acre tract Vii; Lj s i4 07013-Field Note Dmldoc Page 2 of 2 Exhibit"A" ,f �r A \�A 69 9 g6" CORPUS CHRISTI RETIREMENT 1�0' 36 PSU .t]ARIVIIENCE ADDITION\.��yS6rOFj V. 46, PAGES 171 do 172, M.R.N.C.T. G "E S61'02'50"E 737.59' U S BLVD. S72 35.0 Fnd S61'02'50"E a 100.E ( Point of Beginning z 176.50`•1j'L1�p'�4 OZ to to 0 o 0 '•� i OD coo ( N I rn V_ I 0 ( I iv w Area = 26. 2 Acres o 1 N N I r Z I -Ln La in in z ip 60 I civ ri I N 2 I to rn I I a. I I ; I I i I I I I ' N61'04'37 1209.58' .HENOERSON ST LOT 6, SECTION 6 I LOT 7, SECTION 6 G I FB & EF do GT I FB do EF k GT VOL. A, PGS.41-43, M.R.N.C.T. VOL. A. PGS.41-43, M.R.N.C.T. O 4:Q. � 0• ..:.................. 11tXtRAY BASS, JR. 7 2128 ..'0 RO OSED REZONING-RESIDENTIAL CONVENT ACADEMY OF THE INCARNATE WORD-APPLICANT Boss & Welsh Engineering .be Na 07013 3054 So. Alameda St. &de: 1"-200' Corpus Christi, Tx. 78404 Date:6/01/12 (3(`61) 882-5521 (p(hon)e) Drawing No: 07013UR FlRMi361 —1265 REGI882 SIRATION NC5. F-52 mot �SheM 3 of 3 • Exhibit"B" PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI Countof Nueces } Ad#455783 PO 4 Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON,who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER,namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, Kleberg, Live Oak,Nueces,Refugio, and San Patricio,Counties,and that the publication of NOTICE OF PUBLIC HEARING TO CONSIDER which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 01/25/15 Sun CC-Internet- caller.com 01/25/15 Sun LEGAL SALES REPRESENTATIVE On this ag day of , 20 1 5 I certify that the attached document is a true and exact copy made Jyplli3sher�. `.`+ ==Fs Nota Public, State of Texas ='c _. I 6E January 25,2015 CALLER-TIMES g NOTICE Of PUBLIC HEARING' TO CONSIDER.RE-ZONING APPLICATIONS)IN THE CITY Qf CORPUS CHRISTI Notice herebygiven that the Corpus Christ! it Council will conduct a public hearing on February 10,2015 during' a regular Council meetingg which commences at 11:30 a.m. in the Council Cham- bers,City Hall,1201 Leopard, to consider_the following zoning application(s) which are on.file m the Department of Development Services.At said time&place of.hearing,. persons&parties interested., may appear before the City Council:, lventt Academy of Inco-. nate Word: From the "RS- 6" Single-Family 6 District to the "RM-1 Multifamily 1 District. The property to be rezoned is described as being 26.32 acres out of Lots 6 and 7,Section 6,,Flour Bluff and Encina)Farm and Gar- den Tracts, located along the south Side of Lipes Bou levard approximately '650, feet west of South Staples Street(FM 2444). 011 , 2. Case No. 5-92 Supers- or H&H Development LLC: From the "CG-2" General Commercial istrict, "ON" D Office District and "RS-6" Single Family 6 District to the "R5-4.5" Single-Family 4.5 District.The property is described as being a 30-acre tract of land out'of Lot 2, Block 1, Saratoga Medical: Center Subdrvision and out of Lots 5 and I , Section9, Bohemian Colony Lands, located north of Saratoga Boulevard(SH )an west of Norchester Drive. 3�saae�eu�OLlp15-O From MPM the "115-22"Single-Family 22 District to. the'RS-15"Sin- property to b District. The - e rezoned is described as Lots 1 through' 7,Block 1 and Lots t through 4 lolcated'nearEthetSouth South- east corner.of South Staples Street(FM 2444)and South Oso Parkway. `Information may be obtained Department of Deveor lopgment Services at (361) 826-3240, 2406 Leopard Street. /s/Rebecca City Secretary PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad#471113 PO# Before me,the undersigned, a Notary Public,this day personally came GEORGIA LAWSON,who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND EMPLOYEE OF THE PUBLISHER,namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas,Bee,Brooks,Duval, Jim Hogg,Jim Wells, Kleberg,Live Oak,Nueces, Refugio, and San Patricio,Counties,and that the publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 03/02/15 Mon CC-Internet- caller.com 03/ /15 Mon E SALES REPRESENTATIVE On this day o 0, a 20—ITI certify that the attached document is a true and exact copy made by publisher. Notary Public, Sta of Texas h MICHELLE JOYCE CABRERA My Commission Expires March 19,2016 4E March 2,2015 1 cALLER-TIMES AS2155"s NOTICE OF PASSAGE OF ORDINANCES) NO. 030434, Ortltlinance amending,the Unified Devel- opment Code("UDC"),upon application by The Convent Academy of the Incarnate Word ("Owner"), by chang- ing the UDC Zoning Map in reference to 26.32 acres out of Lots 6 and 7, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit; amending the Comprehensive Plan to account-for any deviations;. and providing for a repealer clause and publication.This ordinance was passed and approved on second reading by the City Council on Febru- ary 24,2015. /s/Rebecca Huerta City Secretary PLANNING COMMISSION REPORT Case No. 0122-04 INFOR No. 21ZN1051 Planning Commission Hearin Date: January 12, 2022 C Owner: Saratoga Palms Properties, Ltd. o Applicant: Urban Engineering u .� Location Address: 5409 Lipes Boulevard a N Legal Description: 9.43-acre tract out of Lots 6 and 7, Section 6, Flour Bluff Q °� o and Encinal Farm and Garden Tracts, located on the south side of Lipes Boulevard, west of South Staples Street, and east of Sun Wood Drive From: "RM-1/SP" Multifamily District with a Special Permit To: "RM-1/SP" Multifamily District with a Special Permit 'Es Area: 9.43 acres N Purpose of Request: To allow for the construction of an apartment complex with increased density. Existing Zoning District Existing Future Land Use Land Use Site "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit Residential Residential ca Permanent Open Park and Low Space and E N North "RS-6" Single-Family 6 District Density Medium Density o Residential N Residential South "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential LU East "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit Residential Residential West "RM-1/SP" Multifamily District Medium Density High Density with a Special Permit Residential Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Southside Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a o a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 5 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 630 feet of street frontage along Lipes Boulevard which is designated as a "Cl" 0 Minor Collector Street. According to the Urban Transportation Plan, "Cl" Minor a N Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily L Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume " O Lipes 40paved 35paved 60' ROW 60' ROW Cn d p Boulevard "C1" Minor Collector N/A Staff Summary: Development Plan: The subject property is 9.43 acres in size. The developer is proposing a 246-unit apartment complex consisting of three-story tall buildings with 466 parking spaces. The applicant is seeking to amend the existing special permit to allow a density of 28 dwelling units per acre. Existing Land Uses & Zoning: The subject property was rezoned to the "RM-1/SP" Multifamily District with a Special Permit in 2015. To the north across Lipes Boulevard is Crossgate Park and residential homes zoned "RS-6" Single-Family 6 District. To the south are residential homes zoned "RS-6" Single-Family 6 District. To the east are two multifamily developments zoned "RM-1/SP" Multifamily District with a Special Permit and consisting of a combined 169 dwelling units. To the west is a vacant property zoned "RM- 1/SP" Multifamily District with a Special Permit with a 60-unit apartment complex currently under construction and the Incarnate Word Convent zoned "RM-1" Multifamily 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 Lipes Boulevard. Wastewater: 12-inch VCP line located along Lipes Boulevard. Gas: 8-inch Service Line located along Lipes Boulevard. Storm Water: 48-inch line located along Lipes Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the "RM-1/SP" Multifamily District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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) • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (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: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and compatible with the adjoining properties. • The original Special Permit approved by Ordinance #030434 was allows a density up to 22 dwelling units per acre and to prohibit dumpsters being located less than 50 feet to the shared property line with the residential homes to the south. • Based on the existing Special Permit, the maximum capacity of units available without the rezoning is 207 dwelling units. The applicant is requesting to construct 246-units which is a difference of 39 units. Staff Recommendation: Approval of the change of zoning from the "RM-1/SP" Multifamily District with a Special Permit to the "RM-1/SP" Multifamily District with a Special Permit. Number of Notices Mailed — 32 within 200-foot notification area. 4 outside notification area As of January 6, 2022: ° In Favor — 0 inside notification area — 0 outside notification area 0 In Opposition — 1 inside notification area Z — 0 outside notification area a Totaling 0.81% of the land within the 200-foot notification area 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 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 5 kI JQI `V 32 I� 12 RM-1 0 9 27 RS-TF 17 3f / 28 �3-o SUBJECT, PROPERTYI j by s 20 Sp 1/5-0 3 '15 C 27 i �FQ� 16 RM-1 Q,pt '7 13 1 Fy- 4 23 24 22� — 4 h► 29° a CN-1 3 19 25 14 jAP$ B ,cO 7 ' xU )jRO _ �aie Crearetl:7via2A27 C G Prepared By:ReyR Feer ��. 1lapartman[of0evelopmenr Sees Case # 0122-04 � ZONING 8 NOTICE AREA -- INMultifamily I IL Light Industrial _ RM-2 Mulfifamily2 IH Heavy Industrial F we, SUBJECT `\ RM-3 Mulefamily3 PUD Planned Unit Div.Overlay ON ProfessI—I ffice RS-1e, SingleFamily10 � PRO;IE a RM-AT Multifa mi ly AT5 1 Neighbod*ood Commercial RS-S Single-Family CN- _—__—.--- RSSingle-Family 4.b v CN-2 Neighborhood Commercial RS-TF.TF 7-Family / CR-1 Res ort Commercial Rb-15 Single-Famlly l5 _ ___ CR-2 Resort Commercial RE wntlal Estate Townhouse CG-1 General Commercial RS-iH Townhouse __y, \ C us Chri 1Hay CG-2 General CommercialPermit Cl Intensive,Commercial SP Spacial RY Recreational YBhI010 Park ieoq P o` CBD Oca. Co Commercial I RMH Manufactured Home 'rry CR-3 Ra. Commemlal FR Farm Rural i H Hatonc Overlay HP Buelmisa Park City o wi�200'b.erly pnners -1- // `Jp ® rh 200'bul(er O fawn $ � � CUr � 4Owaarswihm20o,usied- X alae LOCATION MAP cc aaad'adaana..;r,v,ladle n oFpazni�r, Stl Staff Report Page 5 Persons With d"AWes planning to Jifteirid this Meeting,was FrAy require speciial secAdllis,are retlialieW to cwtact lhe Development Services. Department at least 48 hours in advance at(361!826 3240 i•_tieneo JjL iftr Csr do as wuiere#r$e-M—Ml iftD02AM2_kL*0LuPl'cJ Aue der_avalio 48 hc�s antes do IN No jjm3nJg al-departa"ntode se rvpp ft d"Ime" a&imw9_JMn 821LI240 tf you wish lo address the Commia&an during lhe treWing and your Fngfivi I lirrAod•ipicea5e call'fle Deveicprnent Services Oepadrr*M U(361) 82&3240 at least 4;9 1,:~j,�ir,advance to request an interpreter be present curing the meetng S,Lged deseagingirse a le com"issipp dwante I runtR v su�ng1�.e!,1a rmra�c 'awsar de,tamer ai dip-ertaprsento de sea'wrr�ae de desarro�llo al nurrrerct C3t}tl 626.32i�ai mentis 4d txrras armee de to CITY PLANNING COMMISSION PUBLIC HEAR/N1177 NnTIr-F Rezoning Case No, 0122-04 Saratoaa Palms Properties, Ltd. has pettrcped the City of Corpus Christi to consider a change of zoning from the"RM-1/SP"Multifamily District with a Special Per to the"RMAISP"Multifamily District with a Sp±cial PermiL not resultlingin a char to the FutureULnd Use Map. The pro _ . posed development is a multifamily apantment complex. The properly to be rezoned is described as. A property located at or near 5409 Lipes Boulevard and being 9.43-acre tract out of LOU 6 and 7, Section 6, Flour Bluff and Encina( Farm and Garden Tracts, located on the south side of Lipes Boulevard, west of South Staples Street, and cast of Sun Wood Drive. The Planning Commission may recommend to City Council approval or dental,or approval of an intermediate zoning classification and/or Special Permit. Approval Of a change of zoning, if inconsistent with the City's Comprehensive Plan will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng twill be held Wednesday, January..12, jpj?, during one of the Planning Commissions regular meetings, which begins at 5:30 Q.m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request For more information, please call(361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P O. BOX 9277, CORPUS CHRISTI TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office. or in person, by telephone call or by letter, Printed Name Address: 9 1,1 fe NNioucc-"o- Dt k'j e City/State-CIX,VO.5 70' IN FAVOR IN OPPOSITION Phone ?jLj — tjCo�: L _1V0 _4 REASON SignatuW SEE MAP ON REVERSE&VE Case No O122-04 INFORCase No 21ZN105' Case Manager Andrew Dirras Pratierty Owner so 12 Email An0nmD2Q0dP_Ka9 cont Zoning Case #0122-04 Saratoga Palms Properties, Ltd. Rezoning for a Property at 5409 Lipes Boulevard From "RM-1/SP" To "RM-1/SP" .k N BUBJECIr Ifl ,ROPE � �Q ^�V City Council March 8, 2022 Zoning Pattern and Adjacent Development mm Currently Zoned: "RM-1/SP" Multifamily District with a Special Permit Quo Q�� ; IONo- Proposed Use: Qoo4F 246-unit apartment complex ° Surrounding Uses: SUBJEC Ir �01� FROPC ETV OO b 2@1,1 Cha=51 • North: Crossgate Park 63�1�9��P 3 300 LA-1 • South: Single-Family Flo-@ ION L'3 t1�9/�P X090 - Residences IgA Adhof c�b�� East: Multifamily developments West: Multifamily development under construction and the Incarnate Word Convent Public Notification 32 Notices mailed inside 200' buffer 4 Notices mailed outside 200' buffer Notification Area J6 .SUBJECT ¢� PROPERTY Opposed: 1 (0.81%) / �e Separate Opposed Owners: 1 6 20 /' \ RM 1, SP/15=0J 15 In Favor: 0 (0.00%) T�R9F0 16. RI!-t 13 /0 Notified property owner's land in square `�tivn 4�, a n , CN feet/Total square footage of all property in Pros tq,*, the notification area = N." Percentage of public opposition ��e` \ \�� \°�7- 3 Staff Analysis and Recommendation m• v, AICY._ � .. �/�'�`� ��o� =tx • The proposed zoning is generally SUBJECT 'ra [yp consistent with the adopted PROPERTY - Fse�, .' Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does have a negative impact upon adjacent properties. PC &Staff Recommendation: Approval vry� � f • A r ao�J r� S-6 Q. ►�' ;" r • a Of �t RM- T � � r SUBJECT <1 PROPERTY et�L M-1 RS- �;x w� ly r o P u a Qat � � r` 0° 250f Pre,p :A. �8y:ReyR .. Depar[men[of Develoopment Services Case # 0922-04 Aerial with Subject Property e F'\s SUBJECT Subject �'� PROPERTY 4 Property 5� Co us Chn !Bay oa f� �e Y 4 T W f FM-2444 OQ `/VtiM Map Scale: 1:3,000 �°h CiTy Of S LOCATION MAP Christi ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of March 22, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 29, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance of funds from the State of Texas Law Enforcement Standards and Education account CAPTION: Ordinance accepting $20,031.30 from the State of Texas - Law Enforcement Officer Standards and Education Account for training of full-time sworn and civilian personnel and travel-related expenses; and appropriating $20,031.30 for FY 2022 in the Police Grants Fund. SUMMARY: The State of Texas provides an annual allocation for training of police personnel to retain their required accreditation hours as well as any type of training equipment the department may need to enhance training. The funds must be appropriated annually when the funding is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by the Texas Occupations Code, Section 1701.157 as an annual allocation from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel and any training equipment. Specifically, these funds will be used for training of sworn and civilian personnel and travel-related costs for the trainings. Officers are required to have 40 hours of training biannually. Investigators are sent to specialized schools such as homicide investigation, interrogation techniques, and others. The amount of funds received depends on the number of sworn personnel that Corpus Christi Police Department (CCPD) has as of January 1 of each year. CCPD has been receiving the funds since 2002. Last year CCPD received the funds in the amount of$22,816.97. ALTERNATIVES: The alternative is to not accept the funds and offer less training to officers and civilian personnel until additional funding sources are determined. However, this would result in both sworn and civilian personnel becoming delinquent in their continuing education credits, which would affect CCPD operations. FISCAL IMPACT: The fiscal impact for FY 2022 is the acceptance of funds in the amount of $20,031.30 and appropriating the $20,031.20 to the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 547012 Amount: $20,031.30 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Award Letter Ordinance accepting $20,031.30 from the State of Texas - Law Enforcement Officer Standards and Education Account for training of full-time sworn and civilian personnel and travel-related expenses; and appropriating $20,031.30 for FY 2022 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $20,031 .30 SECTION 2. That $20,031 .30 is appropriated in the No. 1074 Police Grants Fund for training of sworn civilian personnel. 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 �o f rxxrfiw TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 78711-3528 February 17, 2022 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-9016 Vendor number: 17460005741-051 A direct deposit was made into your account from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 20,031.30. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full-time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a_ polit_ical subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency's share of the LEOSE account in 2023, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2023 Allocation Basis form to us no later than October 31, 2022. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40305(Revl-19M 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Police Chief M ikeMa(a-)-cctexas.com (361) 826-2601 Robert Rocha, Fire Chief RRocha(a)cctexas.com (361) 826-3932 Kevin Smith, Director of Aviation Kevi n S4(a)cctex as.co m (361) 289-0171 ext. 1213 Gilbert Hernandez, Director of Municipal Court GilbertH(a)cctexas.com (361) 826-2515 Josh Chronley, Assistant Director of Finance-Procurement JoshC2Ca)-cctexas.com (361) 826-3169 Psychological Services for Police, Fire, Airport, and Municipal Court CAPTION: Resolution authorizing a three-year service agreement with Kathryn W. Soward, Ph.D., of Corpus Christi in an amount not to exceed $122,500.00 for psychological services for Police, Fire, Airport, and Municipal Court personnel with FY 2022 funding of$34,028.00 available from the General and Airport Funds. SUMMARY: This Resolution authorizes a three-year service agreement for psychological services with Police, Fire, Airport, and Municipal Court. These services are necessary to ensure that recommended candidates are psychologically fit to perform their required duties. BACKGROUND AND FINDINGS: The psychological services provided through this agreement include a state-mandated evaluation to determine if recommended candidates are psychologically fit to perform the duties of police officer, firefighter, crime scene technician, dispatcher, airport public safety officer, and Municipal Court Marshal. Provided services also will include consultations, counseling, and support services for officers and civilian employees of Police, Fire, Airport, and Municipal Court on an as needed basis. Dr. Soward has been providing psychological services for the City of Corpus Christi for the past five years and the City is satisfied with her services. Since she was awarded the initial contract for her services, Dr. Soward has developed a positive working relationship with City staff. The relationship of trust and excellent rapport that Dr. Soward has established with both officers and civilians in the City's Police, Fire, and Airport departments could not be readily gained if a new psychologist was utilized. Therefore, it is recommended that the City continue utilizing Dr. Soward and to retain her for this new psychological services contract. The current contact with Dr. Soward is a three-year term for $78,750. The City previously went through a competitive process in 2017 to acquire these psychological services, however, Dr. Soward was the only bidder at that time. For the proposed agreement, the price increased to $175/hour (current agreement is $150/hour). Also, the hours in the proposed agreement have increased to 700, up from 525 in the current agreement. A large portion of the increases in both price and hours in the proposed contract is due to larger academies and additional dispatchers that were added by State Law requirement. PROCUREMENT DETAIL: This procurement falls under a statutory exception within Local Government Code 252.022(a)(4) as these services are for personal, professional and/or planning services. Continuity is an important part of psychological services and City staff feels because this professional service falls under an exemption that currently there is not the need to perform a formal solicitation. Staff feels comfortable continuing to partner with Dr. Soward and would prefer to not disrupt any ongoing client patient relationships. As such, it is staff's recommendation to enter into a new three-year agreement. ALTERNATIVES: The alternative is not to authorize an agreement with Dr. Soward, but the City would be in violation of State law if it did not provide psychological examinations for candidates for Airport, Police, Fire, Municipal Court Marshals, Dispatchers, and Crime Scene Technicians. FISCAL IMPACT: The fiscal impact in FY 2022 is $34,028.00 to be funded by the General Fund and Airport Fund. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11700 Police Administration Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Amount: $28,028.00 Fund: 1020 Organization/Activity: 10420 Municipal Court Mission Element: 232 Project # (CIP Only): N/A Account: 530000 Amount: $2,000.00 Fund: 1020 Organization/Activity: 12000 Fire Administration Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $2,000.00 Fund: 4610 Organization/Activity: 35050 Airport Mission Element: 272 Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $2,000.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year agreement with Kathryn W. Soward, Ph.D., for providing psychological services, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a three-year service agreement with Kathryn W. Soward, Ph.D., of Corpus Christi in an amount not to exceed $122,500.00 for psychological services for Police, Fire, Airport, and Municipal Court personnel, with FY 2022 funding of $34,028.00 available through the General and Airport Funds. WHEREAS, psychological services are needed for Police, Fire, Airport, and Municipal Court personnel; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(4), as these services are for personal, professional or planning services. 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 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 a three-year service agreement with Kathryn W. Soward, Ph.D., to provide psychological screening and evaluation services needed for Police, Fire, Airport, and Municipal Court personnel in an amount not to exceed $122,500.00, with FY 2022 funding of$34, 028.00 available through the General and Airport Funds. 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 City of Corpus Christi Price Sheet Contracts&Procurement Psychological Services for Police, Fire,Airport, and Municipal Court Buyer: Tracy Garza Police Department KATHRYN W. SOWARD, PH.D. CORPUS CHRISTI,TEXAS DESCRIPTION QUANTITY UNIT I UNIT PRICE PRICE Psychological Services as outlined in the 700 Hour $175.00 $122,500.00 Scope of Work Three-year Service Agreement not to exceed$122,500.00 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3921 U PSYCHOLOGICAL SERVICES FOR POLICE, FIRE, AIRPORT AND yeanaonnf� 1852 MUNICIPAL COURT THIS Psychological Services for Police, Fire, Airport and Municipal Court Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Kathryn W. Soward, Ph.D. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Psychological Services for Police, Fire, Airport and Municipal Court in response to Request for Bid/Proposal No. 3921 ("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 Psychological Services for Police, Fire, Airport and Municipal Court ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC 3. Compensation and Payment. This Agreement is for an amount not to exceed $122,500.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Phone: 361-886-2696 Email: Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC 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: Pat Eldridge Title: Police Management Services Director Address: 321 John Sartain, Corpus Christi, Texas 78469 Phone: 361-886-2696 Fax: 361-886-2607 IF TO CONTRACTOR: Kathryn W. Soward, Ph.D. Attn: Kathryn W. Soward, Ph.D. Title: Licensed Clinical Psychologist Address: 5830 McArdle Rd., Building 4, Corpus Christi, Texas 78412 Phone: 361-814-1900 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC Fax: 361-814-5200 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC CONTRACTOR DocuSigned by: Signature: FFV' w' s6Wa.4 FS`1'�6'FB'8'E22i4h ... Printed Name: Kathryn W. Soward Title: owner Date: 10/12/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 3921 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC Attachment A - Scope of Work I.I. Scope of Work A. Contractor will determine that the recommended individuals are certified as psychologically fit to perform the duties of police officer, firefighter, crime scene technician, airport public safety officer, Municipal Court Marshal and dispatcher as per State of Texas Licensed Psychological and Emotional Health Declaration (L-3). B. Contractorwill work in conjunction with Police Administration, Fire Administration, Airport Administration, and Municipal Court Administration to determine what testing materials will be administered for each position. Each department's Administration will administer the tests and process for scoring. The Contractor will retain the testing results. C. Contractor will interview officers who are candidates for a position on SWAT, Hostage Negotiation Team, Peer Counseling, or other special assignment to make recommendations to the Chief of Police. D. Contractor will provide counseling to officers and civilian employees who are suffering from work stress. E. Contractor will provide support services for officers who have used lethal force. F. Contractor will interview and counsel officers who have been involved in a critical incident, including firearm discharges, to make recommendations to the Chief of Police for return to duty. G. Contractor will perform fitness for duty evaluations and make timely written recommendations for return to duty. H. Contractor will provide in-service training and police cadet academy training classes as requested. I. Contractor will be available for consultation 24 hours per day, seven days per week. J. Contractor will be available by cellular phone. K. Contractor will provide services specified within this contract in an office located within the city limits of the City of Corpus Christi. L. Contractor will report results of evaluations to the Chief of Police, Fire Chief, Chief of Airport Police, or Director of Municipal Court. M. Contractor will provide alternate sources by a licensed psychologist during periods of absence. Contractor will provide notice to the Chief of Police if Contractor will be out of cell phone range and specify the psychologist or Page 1 of 2 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC psychiatrist selected to provide the specified services in absence. Such notices shall be rendered at least one business day prior to leaving cell phone range. N. Contractor will be available for testimony in any matter, in court or for City grievances, for any action brought against the City in which involved. O. Contractor will submit invoices to the City for all services they provide. Invoices will include dates of services covered by the invoice, explanation of services provided, number of hours expended and the nature of the services. Invoices will be submitted on a monthly basis. Page 1 of 2 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC .gyUs c� G� O� ATTACHMENT B - PRICING SCHEDULE U PSYCHOLOGICAL SERVICES FOR POLICE, FIRE, I852 AIRPORT AND MUNICIPAL COURT CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, Contractor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other contractor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the following: UNIT ITEM DESCRIPTION QTY UNIT PRICE TOTAL PRICE 1 .0 Psychological Services as outlined in 700 HRS $175.00 $122,500.00 the Scope of Work NAME OF PERSON AUTHORIZED TO SIGN: Kathryn W. Soward, Ph.D. ADDRESS: 5830 McArdle Rd., Building 4 CITY / STATE/ZIP: Corpus Christi, Texas 78412 PHONE: 361-814-1900 EMAIL: ks@kathrynsoward.com FAX: 361-814-5? a'u'8ignedby: DATE: 10/12/2021 SIGNATURE: 644�v' K s6Wa.4 TITLE: owner THE CITY RESERVES THE RIGHT TO REJECT OR CANCEL ANY OR ALL QUOTES. TO WAIVE ANY INFORMALITIES OR IRREGULARITIES IN THE QUOTES RECEIVED AND TO CANCEL OR POSTPONE THIS PROJECT UNTIL A LATER DATE. DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC ATTACHMENT C - INSURANCE AND BONDS REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of at least A- with a Financial Size Category of Class VII or higher. B. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Page 1 of 2 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. D. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. G. Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. H. The insurance required is in addition to and separate from any other obligation contained in this contract. BOND REQUIREMENTS: No bonds are required for this Service Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management - Legal Dept. Page 2of2 DocuSign Envelope ID:9AB4D319-38F4-46D4-8FF1-DE9ADE64FAAC ATTACHMENT D - WARRANTY REQUIREMENTS No warranty is required for this Service Agreement. Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikeMa(a-)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance-Procurement JoshC2(o-)cctexas.com (361) 826-3169 Police Motorcycle Maintenance Service Agreement CAPTION: Resolution authorizing a four-year service agreement with Corpus Christi Cycle Sports, Inc., dba Corpus Christi Harley-Davidson, in an amount not to exceed $125,760.00 for maintenance of 10 Harley-Davidson motorcycles for the Corpus Christi Police Department, with FY 2022 funding of$18,340.00 available from the General Fund. SUMMARY: This resolution authorizes a service agreement to cover preventive maintenance on 10 Harley-Davidson police motorcycles the Corpus Christi Police Department (CCPD) purchased in 2018. The 10 police motorcycle are used for traffic enforcement. BACKGROUND AND FINDINGS: CCPD purchased 10 Harley-Davidson police motorcycles in 2018 that are utilized for traffic enforcement. The vendor will perform preventive maintenance at their shop which is location in Corpus Christi. The preventative maintenance for each of the 10 police motorcycles includes parts, lubricants, and labor for all filter and oil changes, tire replacement due to wear, and up to two front and three rear tire replacements per year. Any repairs needed outside of the contract shall be billed separately. As part of the agreement, the vendor will pick-up immobile motorcycles and transport them to their shop. The proposed agreement will solely be for the maintenance of the 10 police motorcycles discussed in this memo. The current contract is a four-year agreement for $52,620 annually with Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley-Davidson.The current agreement expires in March 2022. The proposed contract value has been decreased from the current contract's value because the vendor agreed that the current agreement price was set at too high of an amount for the servicing that is being provided. As a result, the vendor has agreed to modify the proposed agreement to reflect a more accurate pricing schedule. The current agreement is the first time that CCPD and Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley-Davidson, created an agreement for these services. Through this experience, the pricing has been more accurately determined for agreements moving forward, to include the proposed agreement for the next four years. PROCUREMENT DETAIL: This procurement is a direct purchase with Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley- Davidson, under the Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the city's residents. Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley-Davidson, is an authorized Harley Davidson motorcycle dealer to perform preventative maintenance. Additionally, Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley- Davidson, is the only dealer in town that is authorized to work on Harley Davidson motorcycles. In 2018, 10 police motorcycles were purchased to be used for traffic enforcement, along with a four-year maintenance agreement with this vendor to service the 10 police motorcycles. This new service agreement will solely be for the maintenance of the ten motorcycles and will be replacing the current agreement which expires March 2022. ALTERNATIVES: The alternative is not to enter into an agreement with Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley-Davidson, but to instead go out for competitive bid or have the work done internally by the City's Fleet Maintenance division. However, under the Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the city's residents, the City is allowed to direct purchase this procurement. Additionally, Corpus Christi Cycle Sports Inc., dba Corpus Christi Harley-Davidson, is an authorized Harley Davidson motorcycle dealer to perform preventative maintenance, whereas the City's Fleet Maintenance Division would have to be trained and obtain certification from Harley Davidson on how to perform the specific maintenance required by these 10 police motorcycles. FISCAL IMPACT: The fiscal impact for CCPD in FY 2022 is$18,340.00.The remaining balance of$107,420.00 will be funded through the upcoming annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11740 Uniform Division Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 530230 Equipment Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing a four-year service agreement with Corpus Christi Cycle Sports, Inc., dba Corpus Christi Harley-Davidson, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution Service Agreement Resolution authorizing a four-year service agreement with Corpus Christi Cycle Sports, Inc., dba Corpus Christi Harley-Davidson of Corpus Christi, in an amount not to exceed $125,760.00, for the maintenance of ten Harley-Davidson motorcycles for the Police Department, with FY 2022 funding in an amount of$18,340.00 available from the General Fund. WHEREAS, the Police Department needs prompt and reliable maintenance services; WHEREAS, a local and qualified vendor can provide the required motorcycle maintenance services necessary to meet and sustain the department's operational needs; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and 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 or protect the public health or safety of the City's residents. 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 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 a four-year service agreement with Corpus Christi Cycle Sports, Inc., dba Corpus Christi Harley-Davidson. in an amount not to exceed $125,760.00 for maintenance of 10 Harley-Davidson motorcycles used by the Police Department, with FY 2022 funding of $18,340.00 available from the General Fund and the balance of funding to be appropriated in future budget years. PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Page 1 of 2 Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 CITY OF CORPUS CHRISTI PRICE SHEET CONTRACTS AND PROCUREMENT POLICE MOTORCYCLE MAINTENANCE BUYER: SANDRA RODRIGUEZ CORPUS CHRISTI-HARLEY DAVIDSON DESCRIPTION UNIT NUMBER OF CORPUS CHRISTI,TX MOTORCYCLES UNIT PRICE EXTENDED PRICE MOTORCYCLE MAINTENANCE EA 10 $12,576.00 $125,760.00 GRAND TOTAL FOR 4-YEARS $125,760.00 DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 �yV SC G° a 0 H SERVICE AGREEMENT NO. 3989 U Police Motorcycle Maintenance yeanaonn!e� 1852 THIS Police Motorcycle Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Corpus Christi Harley-Davidson ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Police Motorcycle Maintenance in response to Request for Bid/Proposal No. 3989 /Sole Source ("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 Police Motorcycle Maintenance ("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 four 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $125,760.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Phone: 361-826-2696 Email: Pat@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 may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B 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: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B 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: Pat Eldridge Title: Police Management Services Director Address: 3221 John Sarain St., Corpus Christi, TX 78401 Phone: 361-886-2696 Fax: 361-886-2607 IF TO CONTRACTOR: Corpus Christi Harley-Davidson Attn: S. Preston Douglass, Jr. Title: President Address: 502 South Padre Island Dr., Corpus Christi, TX 78405 Phone: 361-854-3450 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 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: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B 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: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B 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: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B CONTRACTOR Docusigned by: �V'c,Sf bin, �bl�.a.SS Signature: E, 6 Printed Name: Preston Douglass Title: Manager - General Partner Date: 2/4/2022 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. 3989 Sole Source 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: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B ATTACHMENT A: SCOPE OF WORK 1. Maintenance A. Contractor will assume full responsibility for total maintenance incurred in the operation of the equipment. B. Contractor shall agree for pick-up on any immobile police motorcycle that cannot be brought to the store. The Contractor will provide same day priority service pickup and delivery of equipment needing service or repairs under maintenance contract. Upon notification of need repairs, the Contractor shall provide same day priority service. This standard shall apply to business operation days Tuesday through Saturday, and include items covered under contract as well as non- contract repairs. C. Service Facility must be available within Corpus Christi, TX to service Police Motorcycles. D. Contractor will provide a parts lists indicating stock levels at service facility. E. Contractor shall provide Original Equipment Manufacturer (OEM) parts F. Contractor will repair police motorcycles and keep in good working order, including but not limited to the following: 1 . Parts, lubricants, and labor for all filters and oil changes, and services. 2. Tire replacement due to wear; up to two front and three rear tires per year. 3. All preventive maintenance to include parts and labor. 4. All unscheduled repairs, not covered as maintenance by the contract, will be the subject of a separate purchase order, approved by the city. Labor will be billed at contractors posted labor rate and parts will be billed at 10% off the manufacturer suggested list price for each part 5. All parts shipping charges, field service travel expenses, and or machine transporting cost to and from Contractor's location where maintenance is performed. Page 1 of 2 DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 2. Quality Assurance Provisions Prior to delivery, each motorcycle shall be completely inspected and serviced by the delivering dealer and/or the manufacturer's standard pre-delivery service. A checklist shall be completed for each motorcycle, signed by a representative for the organization performing the inspection/service, and delivered with the motorcycle. 3. Delivery A. All motorcycles to be shipped complete and delivered to: City of Corpus Christi, Fleet Maintenance Attn: Frank Olvera 5352 Ayers, Building 3B Corpus Christi, TX 78415 Phone Number: 361-826-1676 Email: FranciscoD@cctexas.com B. Equipment Manuals - One operator manual shall be delivered to the department at the time of delivery for each of the motorcycles. C. Contractor shall provide additional safety documentation researched by an independent source. Page 2 of 2 DocuSign Envelope ID: FEE94F1B-C396-413C7-AEDO-675961A8DF2B v$ 4� C Q QUOTE FORM PURCHASING DIVISION Police Motorcycles Arp qVD 1$52 Date: 1217L &__21 Page 1 Of 1 f J Bidder: (%/,v le, (' r%4_r L?i,��crsr�,�,/�,rC . � ' Authorized Signature 1. Quote your best price for each item. 2. In submitting this bid, Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor,for the purpose of restricting competition with regard to prices. Invitation to quote, FOB Destination, Freight Included, on the followings DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL Motorcycle maintenance on Police �t lel s76 oa / 0 a�, Harley-Davidson motorcycles 10 ea , 7� S I TOTAL , I ZS', 7(0(9, J 4 COMPANY" 7C- ��PoR7S T_tle U)r roA.,,_eS rc,STc- l-)Afde cZ)6z NAME OF PERSON AUTHORIZED TO SIGN: ADDRESS: 5-0Z SJ LJ)14CITY / STATE: f i?2!''uSC�i/?t'sTt- p S PHONE: EMAIL:�i��,� -to,, d v�GVJCL►r�,"�<'E r l _ i n .._ FAX: 3(j ). 9!gv• g DATE: t Z/� 120 ZI SIGNATURE: -- TITLE: /r•1�� r� Page 1 of 1 DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 GARAGE KEEPERS PHYSICAL DAMAGE Actual Cash Value of Vehicles While in COVERAGE including: Care, Custody or Control Physical Damage on a Direct Primary Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. DocuSign Envelope ID: FEE94F1B-C396-4BC7-AEDO-675961A81DF213 Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: There are not bond requirements for this service agreement. 2021 Insurance Requirements Ins. Req. Exhibit Contracts for General Services -Services Performed Onsite - Garage Keepers 03/26/2021 Risk Management - Legal Dept. DocuSign Envelope ID: FEE94F1 B-C396-4BC7-AEDO-675961 A8DF2B ATTACHMENT D: WARRANTY REQUIREMENTS Thirty day warranty for labor and workmanship. Page 1 of 1 ec CORPUS CHRISTI HARLEY-DAVIDSON 502 S.PADRE ISLAND DRIVE•CORPUS CHRISTI•TX 78405 (361)854-3146 November 17, 2021 CORPUS CHRISTI POLICE DEPARTMENT 321 John Sartain Street Corpus Christi, Tx 78401 RE: CORPUS CHRISTI POLICE MOTORCYCLE MAINTENANCE PROPOSAL Corpus Christi Harley-Davidson (CCHD) is pleased to present the following proposal for maintenance of the current Corpus Christi Police Department Harley-Davidson motorcycle fleet. As requested, CCHD is providing this proposal for a four-year maintenance contract. After review of the current usage of the police motorcycle fleet, CCHD is making this proposal with the assumption that the typical annual mileage of each vehicle will be approximately 15,000 miles. This proposal is for standard interval maintenance, specifically all suggested 5,000 and 10,000 mile interval services, front and rear tire changes as indicated by wear and mileage. The four-year maintenance contract does not extend to or include additional service for mechanical failure, service for typical wear and tear items, or collision/damage repair. Based upon the 15,000 mile estimate of mileage per year, CCHD is proposing annual maintenance of three front and rear tire and brake pad changes, an oil change at the 5000 mile service interval and a full 10,000 mile service each year, for four years. The cost per motorcycle for the four-year contract will be $12,576.00 Said sum for the four-year maintenance contract includes all hard mechanical parts, tires, and labor. CCHD further proposes to perform all repair work not covered under the maintenance contract but authorized by the city at CCHD's posted labor rate and with a 10% discount off the manufacturer suggested retail price for all hard parts, painted parts or other parts required for repairs not covered by the four-year maintenance contract. CCHD will maintain the current "turn around" times as stated in the pervious maintenance contract with the City, with the exception that CCHD is no longer open on Mondays. CCHD, for immobile vehicles,will provide pick up service at no additional charge. Once vehicles are repaired and operable it is assumed an officer or representative of the Police Department will pick up the vehicle. Thank you very much for the opportunity to make this proposal. Best R"Douglass, S. Pre . Corpus Christi Harley-Davidson se X111 a.� H U NCOgpOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a-)cctexas.com (361) 826-3169 Purchase of One Fire Engine for the Corpus Christi Fire Department CAPTION: Motion authorizing the purchase of one replacement fire engine for the Corpus Christi Fire Department from Siddons Martin Emergency Group, LLC., of Denton, Texas, through the BuyBoard Cooperative, for $873,727.00, with funding available from the FY 2022 General Fund. SUMMARY: This motion will authorize the purchase of one replacement fire engine for the Corpus Christi Fire Department (CCFD) to be used for emergency response throughout the community. This unit is being procured through the BuyBoard Cooperative. The fire engine will replace an existing fire engine. BACKGROUND AND FINDINGS: CCFD has an operational need for one replacement fire engine. Regular replacement of front-line equipment is essential to provide for a cost-effective maintenance program, maintain the reliability of all equipment, and to meet established response times. To maintain a reliable front-line fleet, vehicles are utilized as front-line units before being moved to reserve status. The oldest and least reliable reserve units are altogether removed from CCFD's inventory when new replacements are purchased. Our current budget allows us to make this purchase in order to maintain a reliable front-line fleet. Included in FY 2022 CCFD's Budget are funds allocated for the purchase of replacement CCFD fleet vehicles and equipment. The fire engine being replaced is a 2009 model that is located at Fire Station 12 in City Council District One. The current unit has reached its useful service life of 13 years. Once CCFD receives the replacement fire engine, the current fire engine that is being replaced will be placed in reserve status, and the oldest reserve fire engine will be removed from the fleet inventory list altogether. The current fire engine that is being replaced has the least cost-effective maintenance and performance history out of all of the fire engines in CCFD's fleet. PROCUREMENT DETAIL: The procurement is through the Buyboard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured and comply with Texas Local and State procurement requirements. ALTERNATIVES: An alternative to replacing the fire engine would be to continue using the current fire engine which has reached its useful service life of 13 years and does not have the same reliability as the new fire engine would. However, the current fire engine that is being replaced has the least cost-effective maintenance and performance history out of all of the fire engines in CCFD's fleet. FISCAL IMPACT: The fiscal impact for CCFD in FY 2022 is an amount of$873,727.00. This purchase is a cash purchase in the amount of$873,727.00. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Mission Element: 093 Emergency Response Project # (CIP Only): N/A Account: 550020 Vehicle and Machinery Amount: $873,727.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of one fire engine, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Finance-Procurement Purchase of One Fire Engine for CCFD Buyer:Desirree Ortiz BuyBoard Contract 651-21 SIDDONS MARTIN EMERGENCY GROUP,LLC DENTON,TX ITEM DESCRIPTION UNIT EXTENDED TOTAL 1 PIERCE-CUSTOM VELOCITY PUMPER,2ND GEN 1 $872,227.00 $872,227.00 4 BUYBOARD FEE 1 $1,500.00 $1,500.00 TOTAL PURCHASE PRICEI $873,727.00 qkfP �' A.� YY` f 4 fR a r pt. ^aP 4 i r�5 �p i t �r s r 4 SC 00 � 0 � o NCORPOR 1�'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Cisco Phone System License Renewal CAPTION: Motion authorizing the purchase of a one-year license renewal with Great South Texas Corp, dba Computer Solutions of San Antonio, through the DIR Cooperative, in an amount of $149,398.20 for the renewal of the Cisco Phone System License for the Information Technology Department, with FY 2022 funding available from the Information Technology Fund. SUMMARY: This motion authorizes renewal of Cisco Phone System Licenses for all phones and call center functionality. BACKGROUND AND FINDINGS: The City of Corpus Christi uses the Cisco Phone System Licenses for agent-based call center software which includes workflows to reduce call handle times, supervisor features to manage queues, business hours, and prompts, and advanced reporting for historical data, live data and dashboard management tools. This software is used for City of Corpus Christi Call Centers including City, Municipal Court, Health Department, IT Service Desk, Animal Control and Development Services. The Cisco Phone System Licenses also provide call functionality to all city phones which includes voicemail capabilities, making and receiving phone calls, and software phones for remote capabilities. PROCUREMENT DETAIL: This procurement is being facilitated through the DIR Cooperative. Contracts awarded through the DIR Cooperative has been competitively procured in compliance with Texas Local and State procurement requirements. The current license is with Great South Texas Corp, dba Computer Solutions. There is no change in pricing from the license renewal. The savings on the DIR Cooperative for this license renewal is 51% off retail price which is a savings of $157,801 .80. ALTERNATIVES: The Phone System Licenses is critical to operate city call centers and for phone functionality. There is no alternative to this renewal. FISCAL IMPACT: This purchase totaling $149,398.20 for Cisco Phone System Licenses is budgeted in the Information Technology fund for fiscal year 2022. FUNDING DETAIL: Fund: 5210 Information Technology Organization/Activity: 40420 IT Tech Infrastructure Service Mission Element: 241 Provide Support Technology Infrastructure Project # (CIP Only): n/a n/a Account: 520105 Computer Software RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of a one-year license renewal with Great South Texas Corp, dba Computer Solutions as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Cisco Phone System License Renewal DIR-TSO-4167 Item Description Qty Cost Total 1 EA On-Premises Calling Tier 1 20,400 $4.51 $92,004.00 2 Cisco Systems-Flex CC On-Premises 1 ,380 $41 .59 $57,394.20 UCCX Premium Concurrent Agent Total $149,398.20 se G� aoa>oaaEo AGENDA MEMORANDUM x$52 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Maria Gomez-Molina, Interim-Director of Public Works mariamolina(a-)cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Contracts and Procurement 0oshc2(a)cctexas.com (361) 826-3169 Purchase of Traffic Signal Control Cabinets for Public Works CAPTION: Motion authorizing a three-year supply agreement with Mobotrex of Davenport, Iowa, for the purchase of 30 replacement traffic control signal cabinets for $290,400.00 through the Buy Board Purchasing Cooperative to be used by the Public Works Department with funding in the amount of $48,500.00 available through the FY 2022 Street Maintenance Fund. SUMMARY: The Public Works Department is requesting approval of a motion authorizing a three-year supply agreement with Mobotrex of Davenport, Iowa, for the purchase of 30 traffic control signal cabinets for $290,400.00. This supply agreement will provide the Public Works' Traffic Signals Division the necessary equipment to replace cabinets that were substantially damaged or destroyed by vehicle accidents, equipment having reached its end of life, and/or weather related events. BACKGROUND AND FINDINGS: The Public Works Department's Traffic Signals Division is responsible for maintaining and operating the City's 252 signalized intersections. There is no equipment more integral to the operation of a signalized intersection than the traffic signal cabinet, which houses and protects the "brains" of the intersection. On average, Public Works replaces approximately 10 cabinets per annuum. In Corpus Christi, traffic signal cabinets need to be replaced when a cabinet is substantially damaged or destroyed and/or has reached its end of life. In any given year, approximately 50% of the traffic signal cabinet replacements are needed due to damage or destruction caused by vehicular accident, 40% due to regular equipment end of life and maintenance, and 10% due to weather related events like lightning strikes and hurricane damage. PROCUREMENT DETAIL: This procurement is through the Buy Board Cooperative. Contracts awarded through the Buy Board Cooperative have been competitively procured in compliance with Texas, local and state requirements. In 2019 the City purchased 30 traffic cabinets from Mobotrex at a price of$277,500.00, an increase of $12,900.00 or 4.65%. ALTERNATIVES: City Council could choose not to approve this purchase, which would force Public Works to purchase traffic signal cabinets on a per unit basis at retail prices. This would reduce the number of traffic signal cabinets the department can replace on an annual basis regardless of the damage sustained by the cabinets. FISCAL IMPACT: The fiscal impact in FY 2022 is in the amount of $48,500.00 for this supply agreement, with the remaining contract balance of$585,502.08, if option period is exercised, and contingent upon future fiscal year budgeted appropriations authorized by future City Councils through the annual budget process. FUNDING DETAIL: Fund: 1041 — Street Maintenance Fund Organization/Activity: 12310 — Traffic Signals Mission Element: 051 — Maintain Pavement & Associated Improvements Project # (CIP Only): N/A Account: 550040 — Other Equipment Amount: $48,500.00 RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with Mobotrex as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement City of Corpus Christi Price Sheet Contracts and Procurement Traffic Control Cabinets for Public Works Sr. Buyer: Cynthia Perez Buyboard Contract 608-20 Mobotrex ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Cabinet: CAB469-2101-451 $9,680.00 30 $290,400.00 TOTAL $290,400.00 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B SC G� > SUPPLY AGREEMENT NO. 4081 U Traffic Signal Cabinets for Public Works fhaaaoRp 1852 THIS Traffic Signal Cabinets for Public Works Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and MoboTrex, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Traffic Signal Cabinets for Public Works in response to Request for Bid No. 4081 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Traffic Signal Cabinets for Public Works in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is three 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $290,400.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tony Salinas Jr. Department: Public Works Phone: (361 ) 826-1610 Email: TonyS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B 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: Tony Salinas Jr. Title: Traffic Signal Superintendent Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: (361 ) 826-1610 Fax: (361 ) 826-1627 IF TO CONTRACTOR: MoboTrex, Inc. Attn: Vincent Holdridge Title: Inside Sales Address: 301 W. Howard Lane, Austin, Texas 78753 Phone: (512) 521-3337 Fax: (563) 323-8256 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B CONTRACTOR DocuSigned by: Signature: Fm&k' RbUvY4 Printed Name: Vincent Holdridge Inside sales Title: Date: 2/24/2022 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 4081 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B Attachment A - Scope of Work A. The Contractor will supply NEMA controller cabinet TS-2 Type 1 to the Public Works Department on annual basis. B. The City will place an order of approximate 10 quantity on an annual basis. The estimated total number will be approximately 30 for the term of the Contract. C. The Supplier shall ship the cabinets & materials within 6-Weeks of received order to the Public Works Department, 2525 Hygeia Street, Building 21, Corpus Christi, TX 78415. D. All contract prices are FOB destination, freight included in the contract pricing. E. Point of contact is Tony Salinas, TonyS@cctexas.com, (361) 826-1610 F. Term of the Supply Agreement is 3-Years. DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B tre Hiiacnmeni o- Pricing Schedule . Quote Number: 1909809 109 West 55th Street I Davenport, IA 52806 1 (563)323-0009 Date: 01/07/2022 Customer: Corp001 Expire Date: 2/1/2025 TONY SALINAS Prepared By: Holdridge, Vincent V. STREET DEPARTMENT 2525 Hygeia Corpus Christi TX 78415-4117 United States Contact: TONY SALINAS Description: CITY OF CORPUS CHRISTI Part# Description Quantity Price Extended CAB469-2101-451 CABINET:TS2,5116,CCTX01,712-017,NO PT,PL 30 $9,680.00 $290,400.00 Sale Amount: $290,400.00 Sales Tax: 0.00 Misc Charges: 0.00 Total Amount: $290,400.00 Notes: SHIPPING INCLUDED ALL ITEMS LISTED ON OUR BUYBOARD CONTRACT#608-20. Terms: THIS QUOTE IS BASED ON THE ENTIRE VALUE AND VOLUME OF ALL LINE ITEMS- Prices listed on this quote are valid only in the event of purchase of all line items in the quantities listed, in their entirety. Purchases of individual line items will require a new quote prior to acceptance of any purchase orders. Shipment of the material will be approximately 90 days after receipt of both an acceptable purchase order and approved submittal data if required. PAYMENT TERMS ARE NET 30 DAYS with prior approved credit. MoboTrex, Inc. retains title to material until paid in full. A service charge of 1.5% per month (18% annual rate)will be assessed against all past due accounts. Prices and delivery quoted are firm for 30 days from the data of bid. The above quote does not include installation of the products quoted. On-Site technical assistance is available and will be quoted upon request. Quotation does not include sales tax. Sales tax will be added at time of invoice unless a valid Sales Tax Exempt certificate has been provided. Sales tax exempt certificate should accompany customer Purchase Order. Limited Warranty: MoboTrex, Inc. only obligations shall be to replace such quantity of the product proven to be defective. Warranty Period: The length of warranty manufacturers have conveyed to the seller and which can be passed on to the buyer. Additional terms and conditions apply-See MoboTrex, Inc. Terms &Conditions document at our website: www.mobotrex.com. Thank you for the opportunity to provide this quote. Mobotrex, Inc Friday,January 7,2022 07:46 AM Page 1 of 1 DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B Attachment C - Insurance Requirements No insurance is required for this supply agreement. DocuSign Envelope ID:5731 E617-E4C1-46F1-8034-89898FE9121 B Attachment D- Warranty Requirements A. The Contractor shall warrant their product to be free from defect in design and operation and shall meet requirements as per approved drawings, NEMA standards and Scope of work. B. The term of the warranty for the traffic cabinet is five years and one year or manufacturer warranty for EDI components. The warranty will begin form the date of acceptance of traffic components and its components. C. If a malfunction occurs during the warranty period, the Contractor shall, within two weeks after notification, furnish a like unit, module, or auxiliary equipment for use while the warranted unit is being replaced. D. While under warranty, the repair of any unit shall be the responsibility of the Contractor. E. Any unit experiencing a total of three failures that has twice been returned to the Contractor for repair shall be replaced with a new unit of the same type at no charge to the City. F. The replacement unit warranty shall be that of a new unit. G. Malfunctions do not include damage by lighting, power surges, negligence, acts of God, or use of equipment in a manner not originally intended by its manufacturer. H. During warranty period, the contractor shall pay all shipping charges. Page 1 of 1 se G� aCORPOR Ata AGENDAMEMORANDUM 1852 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Maria Gomez-Molina Interim-Director of Public Works MariaMolina(o-)-cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Contracts and Procurement 0oshc2(a)cctexas.com (361) 826-3169 Purchase of Ready-Mix Concrete for Public Works CAPTION: Motion authorizing execution of a one-year supply agreement, with a one-year option, with Quality Readymix, Ltd. LLP, of Corpus Christi for ready-mix concrete in an amount not to exceed $766,625 and a potential amount not to exceed $1 ,032,700 if the option is exercised, with FY 2022 funding of $447,197.92 available from the Storm Water Fund. SUMMARY: This motion authorizes a one-year supply agreement with a one-year extension option, with Quality Readymix, Ltd., LLP, headquartered in Corpus Christi, Texas for the purchase of ready-mix concrete in an amount not to exceed $766,625. This supply agreement will provide a concrete mixture with the necessary consistency for use by the Public Works Department's slipform concrete machine. This machine is used in the maintenance and repair of concrete curb and gutters on streets programmed in the In-House Infrastructure Management Program. BACKGROUND AND FINDINGS: The Public Works Concrete Maintenance Division has identified a need for obtaining ready- mix concrete for use in their new concrete slipform machine. A concrete mixture, having the right consistency and form, is needed for the use by the new slipform concrete machine, which automates the production of fully formed curb and gutter facilities. Without this agreement for ready-mix concrete, the slipform concrete curb machine will not function properly. Procuring concrete with the right consistency is integral to the machine's ability to produce consistent flatwork with a high-quality workmanship. The ready-mix slurry sold by Quality Readymix, Ltd., LLP has been tested in the field and proven itself as a material that works with the in-house slipform concrete machine. It is estimated that with the Quality Readymix, Ltd., LLP supply agreement executed, the Concrete Maintenance crew will boost their flatwork production to an estimated anticipated 2,470 square feet per week. PROCUREMENT DETAIL: Procurement-Finance conducted a competitive Request for Bids process to obtain bids. The City received one responsive, responsible bid and staff is recommending the award to Quality Readymix, Ltd., LLP. The department has been purchasing this product on the open market on an as needed basis, as price has remained steady since 2016. The open market price for this item is currently $119.00 per cubic yard, which is the amount the City will pay under this one-year contract. ALTERNATIVES: The alternative would be to purchase concrete as needed, outside of a contract. This would result in extended material lead times, potentially delaying work crews from completing projects on schedule and ultimately delaying the delivery of the in-house Infrastructure Management Program streets requiring flatwork. FISCAL IMPACT: The fiscal impact in FY 2022 is in the amount of $447,197 for this supply agreement, with the remaining contract balance of $585,502, if option period is exercised, and contingent upon future fiscal year budgeted appropriations authorized by future City Councils through the annual budget process. FUNDING DETAIL: Fund: 4300 — Storm Water Fund Organization/Activity: 32003 — Concrete Maintenance Mission Element: 051 — Maintain pavement & associated improvements Project # (CIP Only): N/A Account: 520130 - Maint & repairs Amount: $447,197.92 RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with Quality Readymix, Ltd., LLP, headquartered in Corpus Christi, Texas as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Presentation City of Corpus Christi Bid Tabulation Procurement Division RFB#3962 Senior Buyer: Cynthia Perez Ready Mix Concrete for Public Works Quality Ready Mix- Corpus Christi,Texas ITEM Description Unit 1-Year Qty Unit Price Total Price Class A 3000 PSI Concrete, 5/8 1 Pea Gravel, including Cubic 3,750 $ 119.00 $ 446,250.00 transportation Yards 2 Class A 3000 PSI Concrete, 1" Cubic 2,625 $ 119.00 $ 312,375.00 Gravel, including transportation Yards 3 Short Loads Charge Under 5 Per 21 $ 100.00 $ 2,100.00 Yards Load 4 Fuel Charge Loads/if applicable Load 236 $ 25.00 $ 5,900.00 1-Year Total $ 766,625.00 ITEM Description Unit 1st Year Unit Price Total Price Class A 3000 PSI Concrete, 5/8 1 Pea Gravel, including Cubic 1,250 $ 124.00 $ 155,000.00 transportation Yards 2 Class A 3000 PSI Concrete, 1" Cubic 875 $ 124.00 $ 108,500.00 Gravel, including transportation Yards 3 Short Loads Charge Under 5 Per 7 $ 100.00 $ 700.00 Yards Load 4 Fuel Charge Loads/if applicable Load 75 $ 25.00 $ 1,875.00 1st-Year Extension Total $ 266,075.00 Grand Total $ 1,032,700.00 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF CUs G� > SUPPLY AGREEMENT NO. 3962 U Ready Mix Concrete for Public Works fhaaaoRp 1852 THIS Ready Mix Concrete for Public Works Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Quality Ready Mix, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Ready Mix Concrete for Public Works in response to Request for Bid No. 3962 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Ready Mix Concrete for Public Works in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) This Agreement is for one year. The parties may mutually extend the term of this Agreement for up to one additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $766,625.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Velma Perez Department: Public Works Department Phone: (361 ) 826-1933 Email: velmap@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Velma Pena Title: Contracts and Funds Administrator Address: 2525 Hygeia Street Corpus Christi, Texas 78415 Phone: (361 ) 826-1933 Fax: (361 ) 826-3545 IF TO CONTRACTOR: Quality Ready Mix, LLC Attn: Jerry Hernandez Title: Manager Address: 333 McBride Corpus Christi, Texas 78408 Phone: (361 ) 438-1539 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF CONTRACTOR DocuSigned by: Signature: Printed Name: Terry Hernandez Title: Manager Date: 1/5/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 3962 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form May 20, 2021 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide 3,000 PSI Ready-Mix Concrete, for the Street Department as outlined in this Scope of Work. 1.2 Scope of Work The Contractor will provide 3,000 PSI ready-mix concrete from their local concrete batch plant; and delivered in a concrete mixer truck to various project sites where Concrete Maintenance Division Work Crews are undertaking sidewalk/curb repair/construction of storm water work, to include delivery charges. The ready-mix concrete will be utilized in the City-owned Curb Machine to reconstruct concrete drainage infrastructure in support of the City's street maintenance and repairs. The ready-mix concrete shall not be delivered by volumetric concrete mixer trucks as this method produces inadequate cement mixture required for the proper operation of the City-owned Curb Machine. The Contractor will provide ready-mix concrete during normal business hours of Monday - Friday from 6:30 AM to 5:00 PM. Scheduling will be between the Contractor and Point of Contact. Point of Contact Charlie Brooks, Work Coordinator (361) 826-1869 Office (361) 813-9506 Mobile charlieb@cctexas.com 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. Revised 1 1.30.20 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF Attachment B-Bid/ Pricing Schedule w�° Usc� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM ryQAPOPPtE9 12 RFB No. 3962 Ready Mix Concrete for Public Works Date: 1 q 12- 1 PAGE 1 OF 1 QIIXXya j`-J� Ready Authorized ft 6RVtA,` Bidder: 1` Signature: 0 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that:' a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT 1-YearQTY Unit Price Total Price 1 Class A 3000 PSI Concrete, 5/8 Cubic 3,750 $ 119 $, Z��'� Pea Gravel, including Yards transportation Class A 3000 PSI Concrete, 1" Cubic 2 Gravel, including Yards 2,625 $ $ 3121375 transportation 3 Short Loads Charge Under 5 Per 21 $ $ 2 100 Yards Load t ® is 4 Fuel Charge Loads/if Per 236 $ applicable Load $ Ist-Year Total - DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF 1 st Year Extension item Description UNIT 1-Year QTY Unit Price Total Price Class A 3000 PSI Concrete, 5/8 Cubic 1 Pea Gravel, including Yards 1,250 $ 124 $ j 5 5,Q00 transportation Class A 3000 PSI Concrete, 1" Cubic 2 Gravel, including Yards 875 $ Z,G $ j®$�� transportation .3 Short Loads Charge Under 5 Per 7 $ 100 $ _700 Yards Load 4 Fuel Charge Loads/it Per75 $ $ y Q applicable Load � 15+-Year Extension Total $ Grand Total. $ 241� 035 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Assistant Director, Office of Strategic Management, two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must Revised 1 1.30.20 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Revised 1 1.30.20 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 02/22/2021 Risk Management - Legal Dept. Revised 1 1.30.20 DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF Attachment C - Bond Requirements "No bonds required for this Agreement." DocuSign Envelope ID:A7FCO2ED-64AB-4C6A-AF15-4604A95245BF Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." �pUS C Gp U "°ppppgpSE° AGENDA MEMORANDUM j852 Action Item for the City Council Meeting of March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a)cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3a-cctexas.com (361) 826-3227 Construction Contract Award Choke Canyon Dam Infrastructure Improvements CAPTION: Motion awarding a construction contract to H&S Constructors, Inc. of Corpus Christi, Texas, to perform repairs and improvements to the Choke Canyon Dam, in an amount of$5,534,035.00, with FY 2022 funding available from the Water Fund. SUMMARY: This motion approves a construction contract for repairs and improvements to the Choke Canyon Dam. This includes construction services for spillway electrical and control upgrades and outlet tower improvements as well as other safety improvements. BACKGROUND AND FINDINGS: The Choke Canyon Dam was designed and built by the United States Bureau of Reclamation (USBR). Construction was completed in 1982. The dam is comprised of a 3.5-mile zoned earthen embankment, a 368-foot-wide reinforced concrete spillway with seven tainter gates, and an outlet works structure near the center of the dam embankment with eight gates/valves. The valves or gates in the intake tower are used to regulate low flow releases, and the tainter gates on the spillway are used mainly to manage flood waters. Choke Canyon Dam is owned by the USBR and is operated and maintained by the City. The USBR assists the City with general oversight of operations including comprehensive reviews every 5 to 6 years. The Texas Commission on Environmental Quality (TCEQ) also requires periodic dam safety inspections. The gate system of any dam provides the ability to regulate reservoir releases, control water levels and to release floodwaters. Dam safety requires that gate systems are functional and reliable. Recent inspections have noted deficiencies in the Choke Canyon outlet works and spillway gate systems, particularly, the control systems which are outdated and unsupported. The project scope for this contract includes upgrades to the gate control systems at the emergency spillway and the low flow outlet tower, refurbishment of the outlet tower trash racks, safety improvements to the stop log system, repairs of concrete spalls on the emergency spillway chute, modernization and stabilization of the gantry crane, and construction of a new maintenance building. The maintenance facility will be a small metal building with engineered slab and limited electricity for lights and outlets. The maintenance facility is not intended to support any occupancy. PROJECT TIMELINE: 2020 - 2021 2021-2022 2022 - 2023 May - August S O N FDTJ F March— March Design Bid/Award Construction Project schedule reflects City Council award in March 2022 with anticipated construction start in March 2022 and completion by March 2023. COMPETITIVE SOLICITATION PROCESS: The project was advertised for bids in September 2021. On November 3, 2021, the City received bids from three bidders. The City analyzed the bids in accordance with the contract documents and determined Associated Construction Partners, Ltd. was the lowest responsive and responsible bidder. After further evaluation of the bid tabs, a discrepancy was noted and therefore the contractor's bid was rejected. The project was readvertised for bids in January 2022. On February 9, 2022, the City received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined to H&S Constructors, Inc. of Corpus Christi, Texas. is the lowest responsive and responsible bidder. The bids received for some of the items were higher than the engineer's estimate due to the supply chain challenges, rising cost of raw materials and the cost of labor. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners, Ltd. $5,613,990.00 H & S Contractors $5,534,035.00 Engineer's opinion of probable construction cost $4,281,928.75 H&S Constructors, Inc., Corpus Christi, Texas has successfully completed projects for the City which include the Wesley Seale Dam Sluice Gate Replacement, and the Oil Docks #1 and #2 Firewater Improvements. ALTERNATIVES: Without the completion of this project, the Choke Canyon Dam will not be in compliance with the USBR and TCEQ dam safety guidelines for operation and maintenance of dams. The proposed improvements are needed to maintain proper functioning of the dam. FISCAL IMPACT: The fiscal impact in FY2022 is an amount of$5,534,035.00 with funding available from the Water Fund. FUNDING DETAIL: Fund: Water 2015 MRP2 (Fund 4095) Mission Elem: LINDistrWtr (041) Project: Choke Canyon Reservoir Oper Sys Infra Imps (Project No. El 3050) Account: Construction (550910) Activity: El 3050-01-4095-EXP Amount: $5,534,035.00 RECOMMENDATION: City staff recommends awarding the construction contract to H&S Constructors, Inc., Corpus Christi, Texas for the Choke Canyon Dam Infrastructure Improvements in the amount of $5,534,035.00 with construction duration planned for one year from issuance of the Notice to Proceed with construction starting March 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tabs CIP Page PROJECT LOCATION /Odem N ODM CHM SCALE: N.T.S. VICINITY MAP NOT TO SCALE e PROJECT LOCATION 0 a NUECES RIVER 624 ANNAVILLE �o F� 77 ��To w Q O U w J _O N Q U , Y � < 0 Q 3: � Y U ROBSTOWN 44 44 CORPUS CHRISTI n LOCATION MAP AIRPO TTI�L I I NOT TO SCALE PROJECT NUMBER:E113050. . CHOKE CANYON DAM CITY COUNCIL EXHIBIT INFRASTRUCTURE IMPROVEMENTS CITYENTOF OFENGINRPUS ENGINEERING DEPARTMENT OF ENGINEERING SERVICES RISTI,TEXAS V441 �r � • • x y}4 a'• w- IF N • ` • • J r _ r4 w. of ♦ •� PROJECT , ■ •� rp R • _ ..•fir, . AA Ott R � � _ • , 1 ' � •J(»�'�• ... * 1��e W '' iry' R � ,f � • � a �, ar y � .p p . ` w a r w� � �,•♦ • • 1 1 1r ■ � � i9 lallell i i NOT •SCALE i * ' CHOKE • DAM COUNCILCITY C CORPUSCITY OF RFB 4005 Choke Canyon Dam Infrastructure Imps RE-BID ID: RFB 4005 Item Description Unit Quantity H&S CONSTRUC • Part A- General Al Mobilization 5% AL 1 $20,000.00 A2 Bonds and AL 1 $52,500.00 A3 Stabilized EA 2 $7,500.00 A4 Silt Fencing LF 200 $20.00 A5 Unanticipated AL 1 $5,000.00 Sub Totals B1 Mobilization AL 1 $1,000.00 B2 Demo Existing SF 1,400 $11.00 B3 Fabricate and SF 1,400 $532.00 B4 Unanticipated AL 1 $10,000.00 Sub Totals C1 Mobilization AL 1 $1,000.00 C2 Demo Existing SF 430 $105.00 C3 Install 28 Helical LF 1,400 $95.00 C4 Remove Existing LF 226 $92.00 C5 Place Concrete SF 1,658 $19.00 C6 Replace Rail, LF 226 $361.00 C7 Install New SF 430 $45.00 C8 Spillway Spall SF 100 $250.00 C9 Unanticipated AL 1 $15,000.00 Sub Totals D1 Mobilization AL 1 $269,000.00 D2 Demo Existing EA 4 $53,000.00 D3 Fabricate and EA 4 $138,000.00 D4 Install New EA 4 $7,900.00 D5 Unanticipated AL 1 $46,000.00 Sub Totals Part E- Electrical E1 Mobilization AL 1 $3,200.00 E2 Demolish LS 1 $21,000.00 E3 Emergency LS 1 $79,000.00 E4 Demolish LS 1 $24,000.00 E5 Emergency LS 1 $473,000.00 E6 Demolish LS 1 $14,000.00 E7 Control Structure LS 1 $105,000.00 E8 Demolition LS 1 $16,600.00 E9 Intake Structure LS 1 $99,000.00 E10 New LS 1 $46,000.00 E11 Existing LS 1 $7,200.00 E12 Spillway Eq 1 $7,900.00 E13 Control Structure Eq 1 $14,000.00 E14 Control Structure Eq 1 $5,000.00 E15 Unanticipated AL 1 $11,000.00 Sub Totals F1 Controls Mobilization qb 1 $3,000.00 F2 Demolish LS 1 $12,400.00 F3 Emergency Eq 1 $75,000.00 F4 Emergency Eq 7 $39,300.00 F5 Emergency LS 1 $56,000.00 F6 Emergency LS 1 $0.00 F7 Emergency LS 1 $10,700.00 F8 Demolish LS 1 $12,400.00 F9 Outlet Works Eq 1 $88,000.00 F10 Outlet Works Eq 1 $41,000.00 F11 Outlet Works LS 1 $56,000.00 F12 Outlet Works LS 1 $0.00 F13 Outlet Works LS 1 $6,400.00 F14 Unanticipated AL 1 $27,500.00 Sub Totals G1 Mobilization AL 1 $0.00 G2 Refurbish the Eq 2 $9,000.00 G3 Install new Eq 4 $47,000.00 G4 Unanticipated AL 1 $25,000.00 Sub Totals H1 Mobilization AL 1 $0.00 H2 Crane LS 1 $718,000.00 H3 Crane Rail Re- LF 700 $92.00 H4 Unanticipated AL 1 $75,000.00 Sub Totals 11 Mobilization AL 1 $0.00 12 Demolition of LF 80 $57.50 13 Site Grading SY 295 $16.00 14 Crushed SY 295 $85.00 15 Install Building SF 2,400 $59.00 16 40'x 60' Metal LS 1 $141,000.00 17 Electrical LS 1 $45,000.00 18 Door Locks and LS 1 $6,000.00 19 6-in. Dia. Steel EA 6 $1,500.00 110 6-ft. Tall Chain LF 180 $117.00 111 10-ft Wide 6-ft EA 2 $2,000.00 112 Unanticipated AL 1 $10,500.00 Sub Totals Part J - New •• J1 Mobilization AL 1 $0.00 J2 Fabricated and EA 1 $83,000.00 J3 Unanticipated AL 1 $10,000.00 Sub Totals Grand Total Total Associated Const Total $20,000.00 $1,350.00 $1,350.00 $52,500.00 $75,000.00 $75,000.00 $15,000.00 $10,000.00 $20,000.00 $4,000.00 $15.00 $3,000.00 $5,000.00 $5,000.00 $5,000.00 $96,500.00 $104,350.00 $1,000.00 $20,700.00 $20,700.00 $15,400.00 $50.00 $70,000.00 $744,800.00 $250.00 $350,000.00 $10,000.00 $10,000.00 $10,000.00 $771,200.00 $450,700.00 $1,000.00 $13,000.00 $13,000.00 $45,150.00 $25.00 $10,750.00 $133,000.00 $75.00 $105,000.00 $20,792.00 $50.00 $11,300.00 $31,502.00 $30.00 $49,740.00 $81,586.00 $250.00 $56,500.00 $19,350.00 $45.00 $19,350.00 $25,000.00 $100.00 $10,000.00 $15,000.00 $15,000.00 $15,000.00 $372,380.00 $290,640.00 $269,000.00 $73,000.00 $73,000.00 $212,000.00 $90,000.00 $360,000.00 $552,000.00 $248,000.00 $992,000.00 $31,600.00 $35,000.00 $140,000.00 $46,000.00 $46,000.00 $46,000.00 $1,110,600.00 $1,611,000.00 $3,200.00 $34,900.00 $34,900.00 $21,000.00 $35,000.00 $35,000.00 $79,000.00 $150,000.00 $150,000.00 $24,000.00 $25,000.00 $25,000.00 $473,000.00 $130,000.00 $130,000.00 $14,000.00 $6,800.00 $6,800.00 $105,000.00 $150,000.00 $150,000.00 $16,600.00 $12,000.00 $12,000.00 $99,000.00 $51,000.00 $51,000.00 $46,000.00 $40,000.00 $40,000.00 $7,200.00 $10,000.00 $10,000.00 $7,900.00 $80,000.00 $80,000.00 $14,000.00 $10,000.00 $10,000.00 $5,000.00 $1,300.00 $1,300.00 $11,000.00 $11,000.00 $11,000.00 $925,900.00 $747,000.00 $3,000.00 $40,000.00 $40,000.00 $12,400.00 $20,000.00 $20,000.00 $75,000.00 $100,000.00 $100,000.00 $275,100.00 $50,000.00 $350,000.00 $56,000.00 $75,000.00 $75,000.00 $0.00 $7,500.00 $7,500.00 $10,700.00 $14,000.00 $14,000.00 $12,400.00 $5,000.00 $5,000.00 $88,000.00 $108,000.00 $108,000.00 $41,000.00 $86,000.00 $86,000.00 $56,000.00 $14,000.00 $14,000.00 $0.00 $22,000.00 $22,000.00 $6,400.00 $12,000.00 $12,000.00 $27,500.00 $27,500.00 $27,500.00 $663,500.00 $881,000.00 $0.00 $11,000.00 $11,000.00 $18,000.00 $5,500.00 $11,000.00 $188,000.00 $49,000.00 $196,000.00 $25,000.00 $25,000.00 $25,000.00 $231,000.00 $243,000.00 $0.00 $37,500.00 $37,500.00 $718,000.00 $675,000.00 $675,000.00 $64,400.00 $30.00 $21,000.00 $75,000.00 $75,000.00 $75,000.00 $857,400.00 $808,500.00 $0.00 $13,900.00 $13,900.00 $4,600.00 $30.00 $2,400.00 $4,720.00 $40.00 $11,800.00 $25,075.00 $60.00 $17,700.00 $141,600.00 $36.00 $86,400.00 $141,000.00 $115,000.00 $115,000.00 $45,000.00 $5,000.00 $5,000.00 $6,000.00 $18,000.00 $18,000.00 $9,000.00 $1,000.00 $6,000.00 $21,060.00 $120.00 $21,600.00 $4,000.00 $4,000.00 $8,000.00 $10,500.00 $10,500.00 $10,500.00 $412,555.00 $316,300.00 $0.00 $6,500.00 $6,500.00 $83,000.00 $145,000.00 $145,000.00 $10,000.00 $10,000.00 $10,000.00 $93,000.00 $161,500.00 $5,534,035.00 $5,613,990.00 Capital Improvement Plan 2022 111ril 2024 City of Corpus Christi, Texas Project# E13050 Project Name Choke Canyon Dam Infrastructure Improvements Type lmprovement/Additions Department Water Supply Useful Life 40 years Contact Director of Water Utilities rw.r Category Water Supply Priority 2 Critical-Asset Condition Status Active Description Choke Canyon Dam is located in South Texas on the Frio River,four miles west of Three Rivers,Texas,and approximately 90 miles northwest of Corpus Christi. The reservoir supplies water for municipal and industrial needs and provides recreational and environmental benefits. This project provides for various repairs and improvements identified by City and Bureau of Reclamation including,but not limited to crane repairs, soil erosion control,electrical system repairs,spillway operator motor brake repair,emergency spillway and low flow outlet controls, instrumentation repairs life safety improvements and other miscellaneous improvements required to maintain the 40-year-old structure and to 1comply with federal statues. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp.55-57;Water Master Plan This project will ensure the normal operation and increase service life of structure. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 4,050,000 4,050,000 Inspection 26,985 250,000 276,985 Design 1,248,812 100,000 1,348,812 Contingency 100,000 100,000 Eng,Admin Reimbursements 70,518 150,000 220,518 Tom 1,346,315 4,650,000 5,996,315 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 1,346,315 4,650,000 5,996,315 Total 1,346,315 4,650,000 5,996,315 Budget Impact/Other 71 This project is anticipated to save maintenance and operations costs by avoiding repeated spot repairs and emergency repairs. The project will also reduce liabilities to life safety. 279 Corpus Chr s[i Engineering Choke Canyon Dam Infrastructure Improvements Council Presentation �! March 22, 2022 Project Location r pus Ch; sCi Engineering II I CHOKE CANYON OW WRASTRUCTURE IMPRoveMM wI THREE S RNERS LIVE OAK" I COUNTY-,/-", \� J VICINITY MAP NOT To$CA" 2 Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Upgrades to the gate control systems at the emergency spillway and the low flow outlet tower. • Safety improvements to the stop log system. • Repairs of concrete spalls on the emergency spillway chute. • Modernization and stabilization of the gantry crane. • Construction of a new maintenance building. 3 Project Schedule Corpus Chr sti Engineering 2020-2021 2021-2022 2022-2023 May-August S O 1 N I D J I F March—March Design Bid/Award Construction Projected Schedule reflects City Council award in March 2022 with anticipated completion in March 2023. se o° a H U NOORPOHPI EO AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a-)-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a-)-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CFGO, Director of Finance and Procurement heatherh3(a)cctexas.com (361) 826-3227 Construction Contract Award Citywide Lift Station Repair(Williams Lift Station) CAPTION: Motion awarding a construction contract to Associated Construction Partners, Ltd., for Citywide Lift Station Repair (Williams Lift Station) in an amount of $11,615,000.00, located in Council District 5, with FY 2022 funding available from the American Rescue Plan Act. SUMMARY: This motion approves a construction contract for the Williams Lift Station repairs as part of the Citywide Lift Station Repair Program. The project will provide repairs and improvements that includes control of flow pumping, replacement of four main pumps, one jockey pump, suction, and other repairs. Additionally, a new emergency pumping connection, generator, and odor control unit will also be installed. BACKGROUND AND FINDINGS: The Citywide Lift Station Repairs project is a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 104 lift stations. The project identifies, prioritizes, and executes specific capital improvement projects in a phased design and construction approach that extends lift station service life. In addition, this approach reduces long-term maintenance costs, improves flows, and meets Texas Commission on Environmental Quality (TCEQ) guidelines including reducing overflows and redundant systems. Williams Lift Station is the largest lift station in the City's collection system and is a critical asset in the wastewater infrastructure. It transports approximately 30% of the City's wastewater (approximately 100,000 population) to Oso Water Reclamation Plant. The lift station was constructed in 1980 and has not had any upgrades. The existing equipment and material in the station is the original equipment. The equipment leaks and must be constantly maintained. The equipment is older technology and replacement parts are hard to find. The lift station also does not have odor control and the smell is a nuisance. Lift station rehabilitation includes temporary bypass pumping, replacement of four main pumps and one jockey pump, suction and discharge piping replacement, new plug valves, new check valves, new electrical switchgear electrical and instrumentation upgrades, and other miscellaneous items of site work. As part of this project a new emergency pumping connection, emergency generator, and odor control unit will also be installed. PROJECT TIMELINE: 2018 - 2021 2022 - 2023 April - November D J F M April - January Design Bid/ Award Construction Project schedule reflects City Council award in March 2022 with anticipated completion in January 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On February 9, 2022, the city received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined Associated Construction Partners, Ltd., is the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners, Ltd. $11,615,000.00 Udelhoven, Inc. $11,629,817.00 Engineer's Opinion of Probable Construction Cost $10,440,400.00 Associated Construction Partners, Ltd., has successfully completed numerous City utility projects including Citywide Lift Station Repairs, Sharpsburg Lift Station and Force Main, Greenwood Lift Station Force Main, and Staples Street Pump Station Improvements. ALTERNATIVES: The alternative is not to award the construction contract to the low bidder, Associated Construction Partners, Ltd. This would delay improvements and result in more costly maintenance in the future. Not awarding the construction contract could also result in TCEQ permit violations and fines. FISCAL IMPACT: The fiscal impact for the FY 2022 is an amount of$11,615,000.00 with funding available from the American Rescue Plan Act. The project will be funded over a two-year period. FY 2022 will be $5,875,507.00 and FY 2023 will be $5,739,493.00. This project is planned out for fiscal years FY21-22 and FY22-23. The CIP reflects the breakdown of construction expenditures for each FY as follows: FY21-22 - $5,900,000.00 and FY22-23 - $7,000,000.00. The total contract value is less than the construction allocations of$12,900,000.00. There is sufficient funding available for construction completion. FUNDING DETAIL: Fund: AmerRescuePlan (Fund 1076) Mission Elem: 505 Project: Citywide Lift Station Repairs (Williams Lift Station) (Project 21143): Reference project 19029 in the FY21-22 CIP. Account: Maintenance & Repairs (520130) Activity: 421002F Amount: $11,615,000.00 Year 1 (FY2022): $5,875,507.00 Year 2 (FY2023): $5,739,493.00 Total: $11,615,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Lift Station Repair (Williams Lift Station) project to Associated Construction Partners, Ltd, in the amount of $11,615,000.00. The construction duration is planned for 9 months from issuance of the Notice to Proceed to begin construction in April 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page A e b �"--- SCALE: N.T.S. l PROJECT LOCATION s VICINITY MAP NOT TO SCALE mb8' Sp TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 Z v PROJECT LOCATION O S O BAY a Al � s 69 �, ev ooq FLO 358 Q z o N°� �� mom, FF ti O vo� o� �P �T LOCATION MAP NOT TO SCALE PROJECT NUMBER: 21143 CITYWIDE LIFT STATION REPAIR 2018-2019 CITY COUNCIL EXHIBIT (WILLIAMS) CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES N SCALE: N.T.S. m f r PROJECT LOCATION F . �� AL 2A/ i f� Jhr AERIAL MAP PROJECT NUMBER: 21143 NOT TO SCALE r x, -4 �lq CITYWIDE LIFT STATION REPAIR 2018-2019 CITY COUNCIL EXHIBIT (WILLIAMS) CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES TABULATION OF BIDS TABULATED BY: Brian D.Wik,P.E. DESIGN ENGINEER:Urban Engineering BID DATE: Wednesday,February 9,2022 Associates Construction Partners,Ltd Udelhoven,Inc. RFB 3987 215 W.Bandana Rd.,Ste.114-461 1210 FM537 PROJECT NO.21143-Citywide Lift Station Repairs 2018-2019(Williams Lift Station) Boerne,Texas 78006 Floresville,Texas 78114 BASE BID (210)698-8714 (208)413-2272 ITEM DESCRIPTION UNIT FQTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT PARTA-MOBILIZATION,BONDS,INSURANCE Al IMobilization Maximum 5% LS 1 $ 499,469.00 $ 499,469.00 $ 26,290.00 $ 26,290.00 A2 JBonds and Insurance AL 1 1 $ 132 000.00 $ 132 000.00 $ 315 237.00 $ 315 237.00 SUBTOTAL PART A-MOBILIZATION,BONDS,INSURANCE(Items Al thru A2 $ 631,469.00 $ 341,527.00 PART B-WILLIAMS LIFT STATION B1 Dry u mersi a Pumps our Main One Jockey) re- eece an as described in S ecifications 1E24 LS 1 $ 1,896,531.00 $ 1,896,531.00 $ 1,896,531.00 $ 1,896,531.00 B2 Lift Station Improvements (All work for the improvements included in the Contract Documents that are not specifically described in another Bid Item.) LS 1 $ 3,800,000.00 $ 3,800,000.00 $ 2,567,671.00 $ 2,567,671.00 B3 Electrical Improvements(All work for the improvements included in the Contract Documents that are not sDecificallv described in another Bid Item.) LS 1 $ 3,600,000.00 $ 3,600,000.00 $ 5,170,892.00 $ 5,170,892.00 B4 HVAC System LS 1 $ 190 000.00 $ 190 000.00 $ 298 260.00 $ 298 260.00 B5 Control of Flow LS 1 $ 750 000.00 $ 750 000.00 $ 542 343.00 $ 542 343.00 B6 Wet Well Cleaning LS 1 $ 150 000.00 $ 150 000.00 $ 8,494.00 $ 8,494.00 B7 Odor Control Unit LS 1 $ 300 000.00 $ 300 000.00 $ 597 152.00 $ 597 152.00 B8 Temporary Traffic Control LS 1 1$ 150 000.00 $ 150 000.00 $ 59 947.00 $ 59 947.00 SUBTOTAL PART B-WILLIAMS LIFT STATION Items B1 thru B8 $ 10,836,531.00 $ 11,141,290.00 PART C-MANDATORY ALLOCATION C1 Utility Unforeseen Allocation AL 1V60,000.00 $ 60000.00 $ 60000.00 $ 60000.00 C2 Force Main Dewaterin Allocation AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 C3 Buildin Permits Allocation AL 1 $ 12000.00 $ 12000.00 $ 12000.00 C4 AEP Allocation AL 1 $ 35,000.00 $ 35,000.00 $ 35,000.00 C5 Buildin Ira rovement Allocation AL 1 $ 30000.00 $ 30000.00 $ 30000.00 SUBTOTAL PART C-MANDATORY ALLOCATION(Item C1 thru C6 $ 147,000.00 $ 147,000.00 TOTAL BASE BID $ 11,615,000.00 $ 11,629,817.00 Page 1 of 1 Capital Improvement Plan 2022 thn, 2024 City of Corpus Christi, Texas Project# 19029 Project Name Citywide Lift Station Repair Type Reconditioning-Asset Longevit Department Wastewater n Useful Life 25 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition Status Active Description This project provides for implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 103 Lift Stations. The project identifies,prioritizes,and implements specific capital improvement in a phased design and construction approach to extend lift station service life,reduce long-term maintenance costs,improve flows,and meet Texas Commission on Environmental Quality guidelines including reducing sanitary sewer overflows.By April 2021,the City has repaired and upgraded eighteen lift stations In FY2019-2023,the following four lift stations are included in this program for repair and upgrade:Williams Lift Station,Woolridge Lift Station,and Morgan Lift Station.In FY2019-2024,the following sixteen lift stations are proposed to be repaired and upgraded: Military/Jester,Country Club,Perry Place,Stillwell,Cole Park,Lawrence St. "T"Head,Nueces Bay Blvd.,People's Street"T"Head,Clarkwood South,Aquarius,Coopers Alley "L"Head,Sugar Tree,Purdue,Waldron,Laguna Shores,and High Nine.In FY 2021-2025,the following ten lift stations are included in this program:Cynthia,Highway 77,Nueces Acres,Clarkwood North,Solar Estates,Sacky,Buckingham,Cimarron, Anchor Harbor,and Riviera.Staff will continue to inspect and evaluate the conditions of remaining lift stations,and accordingly develop CIP ,plan for Citywide Lift Station Repair. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp.55-58;Wastewater Master Plan Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 5,900,000 7,000,000 7,700,000 20,600,000 Design 957,676 265,000 160,000 1,382,676 Contingency 250,000 650,000 530,000 1,430,000 Eng,Admin Reimbursements 31,458 85,000 190,000 170,000 476,458 Tom 989,134 6,500,000 8,000,000 8,400,000 23,889,134 Funding Sources Prior Years 2022 2023 2024 Total Grant-American Rescue Plan Act 6,500,000 8,000,000 2,400,000 16,900,000 Revenue Bonds 989,134 6,000,000 6,989,134 Total 989,134 6,500,000 8,000,000 8,400,000 23,889,134 Budget Impact/Other 71 This project will address various lift stations that have piping and pumps in poor condition throughout the City. Failing equipment will be replaced with more reliable and energy efficient equipment. This project reduces the probability of failure,emergencies,and will also cut down on operational costs by the use of more energy efficient equipment. 343 Corpus Chr s[i Engineering Citywide Lift Station Repair Williams Lift Station Council Presentation March 22, 2022 Project Location Corpus Chr s[i -- Engineering N SCALE:N.T.S. SHIP CORPUS CHRISTI ce�+ao LEDPARD C M CORPUS CHRISTI O 266 INTERNATIO L AIRPORT � Wa6N CORPUS CHRISTI BAY 4D oPROJECT LOCATION E%AS ARM UNI- CORPUS CHRISTI 33R r 6ANISS OSO BAYa COWv S CHRIsn _DQ NAVAL AIR S�ATICN 43 m 43 rD,a FLOUR BLUFF � i � 366 266 2 Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • This project identifies, prioritizes, and implements to extend lift station service life. • Reduce long-term maintenance cost and improve flow. • Meet Texas Commission on Environmental Quality (TCEQ) guidelines including reducing overflow and redundant systems. • The rehabilitation of the lift station will require temporary control of flow pumping. 3 Project Scope Corpus Chr sti \ Engineering A brief summary of proposed improvements is as follows: • The Williams Lift Station is in a dry pit/wet pit configuration. The pump motor is at ground level and is connected to the pump at the bottom of the dry pit by a drive shaft. • As part of this project, new dry pit submersible pumps will be installed. The dry pit submersible pumps are a complete pumping unit with the motor attached directly to the pump. • Replacement of four main pumps, one jockey pump, suction, and discharge piping, plug valves, check valves, pump bases, electrical equipment, AEP service meters, and other miscellaneous items. 4 Project Vicinity Carpus Chr sti Engineering n' SCALE:N.T.S. t a s PROJECT LOCATION a; OR O� lm EWWW, w } � �� Project Schedule Corpus Chr sti Engineering 2018 - 2021 2022 - 2023 April - November D J F M April - January Design Bid/ Award Construction Projected Schedule reflects City Council award in March 2022 with anticipated completion in January 2023. o� �a v yoAPoaa.�� AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Authorization to submit a grant application to the Department of Homeland Security, Assistance to Firefighters Grant program by the Fire Department CAPTION: Resolution authorizing the submission of a grant application for $415,806 to the Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant program for training and safety equipment with a City cash match of$37,800.55. SUMMARY: This resolution authorizes the Corpus Christi Fire Department (CCFD) to submit a grant application for funding under the Assistance to Firefighters Grant in the amount of$415,806 with a City cash match of $37,800.55 to the Department of Homeland Security, Federal Emergency Management Agency. The grant funds will help to enhance the safety of the public and firefighters by providing essential incident command training, water rescue training, and personal protective equipment for the CCFD's technical rescue program. BACKGROUND AND FINDINGS: The Assistance to Firefighters Grant (AFG) program is a federal grant that is offered annually to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. The grant funds will be used to provide incident command training and water rescue training for the CCFD. The department will use the Blue Card training program for the incident command training. The program will help firefighters become Incident Commanders who will be able to make critical choices that will potentially eliminate mistakes during incidents that cause injury, death, and unnecessary fire losses. Funding will allow 222 firefighters to become certified as a Blue Card Incident Commander. Out of 418 uniformed firefighters, currently there are only eight that are certified Blue Card Incident Commanders. Funds also will be used to train and certify 18 firefighters on bay and surf rescues and purchase 18 dry suits for the rescue program. The dry suits will greatly enhance the firefighters' safety and protection from hypothermia during cold weather water rescues. Currently, the department does not have any dry suits for cold weather water rescues. The last time the City of Corpus Christi applied for this grant was in 2016, and the City received a grant award for $314,361 for FY 2017. The City has not applied for the grant since FY 2017 until now because the AFG requires matching funds which must be identified and assured prior to application. CCFD did not identify a specific need that fell within the grant's guidance since FY 2017 until this current application. During the period between FY 2017 and the current application, needs were funded by the CCFD's budget or other grant options (Homeland Security, Helping Heroes, CBRAC, and others). ALTERNATIVES: The alternative is not to submit the grant application and find other funding sources for the critical training and rescue equipment for the CCFD. This will prolong the time for CCFD to obtain dry suits and the training for its firefighters on bay and surf rescues and Blue Card Incident Commanders. FISCAL IMPACT: There is no fiscal impact for the application process. However, if the grant is awarded then grant monies will be appropriated in FY 2022 in the Fire Grants Fund. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends authorizing CCFD to submit the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Resolution authorizing the submission of a grant application for $415,806 to the Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant (AFG) program with a city cash match of $37,800.55 BE IT ORDAINED 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 Department of Homeland Security, Federal Emergency Management Agency in the amount of $415,806 for the Assistance to Firefighters Grant Section 2. The City Council commits to provide for the applicable city match of $37,800.55 Section 3. The City Manager or the City Manager's designee may apply for, accept, reject, alter, or terminate the grant. 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 o� �a v yoAPoaa.�� AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Authorization to submit eight grant applications to the Public Safety Office — Homeland Security Grant Division by the Fire Department CAPTION: Resolution authorizing the submission of eight grant applications to the Public Safety Office — Homeland Security Grants Division for the State Homeland Security Program for equipment and training to prevent terrorism and other catastrophic events for various functions of public safety such as Police Department bomb squad, Special Weapons and Tactics team, Fire Department, and Airport Department in an amount of$481,580.42. SUMMARY: This resolution authorizes the Corpus Christi Fire Department (CCFD) to submit eight grant applications for funding under the State Homeland Security Program in the amount of $481,580.42 to the Public Safety Office, Homeland Security Grant Division. The grant funds will support Fire, Police, and Airport Department functions such as airport response, bomb squad detection and protection, Special Weapons and Tactics (SWAT)team improvements, and hazmat response enhancements. BACKGROUND AND FINDINGS: The State Homeland Security Program issues grants on an annual basis in order to improve state and local efforts in responding to potential acts of terrorism and catastrophic events, purchasing advanced equipment, and providing enhanced training. Since 2002, the U.S. Department of Homeland Security has issued grants to the State of Texas, who in turn awards the grants to municipalities through the State Homeland Security Program. The City applied for and received funds from this grant for the past 20 years. For FY 2022, the City received $189,547.47. For FY 2023, CCFD is applying for eight grants to fund the following eight projects: 1) Airport Detection Equipment, which will enhance prevention and protection from terroristic threats at the Corpus Christi International Airport (CCIA). 2) The Bomb Squad Enhancement Project, which will increase the safety of the CCPD bomb technicians. 3) Incident Command Training Program, which will improve operational coordination throughout the region. 4) Airport Medical Response Equipment, which will improve the CCIA's response and preparedness capabilities in critical situations. 5) The Hazmat Response Enhancement Project, which will provide equipment and training that will improve the team's capabilities for hazmat response. 6) The CCPD SWAT Enhancement Project, which will increase the team's safety and enhance capabilities in emergency response. 7) The Bomb Squad Disposal Trailer will increase interdiction capabilities. 8)The CCPD SWAT Detection Project will increase the safety of the community, the bomb technicians, and SWAT team while responding and on-scene. Listed in the table below are the eight projects and the funding amounts for each of the grant applications that CCFD is submitting for. Project Title Amount Requested Airport Detection Equipment $11,594.10 Bomb Squad Enhancement $78,398.00 Incident Command Training Program $55,914.00 Airport Medical Response Equipment $2,388.00 Hazmat Response Enhancement $162,581.29 CCPD SWAT Enhancement $114,050.03 Bomb Squad Disposal Trailer $37,300.00 CCPD SWAT Detection $19,355.00 TOTAL REQUESTED $481,580.42 ALTERNATIVES: The alternative is not to submit the eight grant applications and find other funding sources for the critical equipment for the various City departments. However, this delay would put the City and its residents at an increased risk to terrorism and other catastrophic events. FISCAL IMPACT: There is no fiscal impact for the application process. However, if awarded, grant monies will be appropriated in FY 2023 Fire Grants Fund. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends authorizing the Fire Department to submit the eight grant applications, as presented. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Resolution Resolution authorizing the submission of eight grant applications to the Public Safety Office - Homeland Security Grants Division for the State Homeland Security Grant Program (SHSP) to prevent terrorism and other catastrophic events for various functions of public safety, such as bomb squad, Special Weapons and Tactics (SWAT) team, fire, and airport in an amount of$481,580.42 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council authorizes submission of grant applications to the Public Safety Office for the following projects- 1. rojects:1. Airport Detection Equipment 2. Bomb Squad Enhancement 3. Incident Command Training Program 4. Airport Medical Response Enhancement 5. Hazmat Response Enhancement 6. CCPD SWAT Enhancement 7. Bomb Squad Disposal Trailer 8. CCPD SWAT Detection SECTION 2. The City of Corpus Christi designates the City Manager, or designee, as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. 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 March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Maria Gomez-Molina, Interim-Director of Public Works mariamolina(a)cctexas.com (361) 826-1677 Approval to submit a grant application to the Corpus Christi Metropolitan Planning Organization for TxDOT Category 9 funding available under the Federal Surface Transportation Block Grant Set-Aside (STBG-SA) CAPTION: Resolution ratifying the submission of a grant application for five (5) multimodal pedestrian safety and mobility-focused transportation projects located citywide to the Corpus Christi Metropolitan Planning Organization for TxDOT's Category 9 funding available under the federal Surface Transportation Block Grant Set-Aside (STBG-SA) program authorized under the FAST Act of 2015. SUMMARY: $4.5 million in federal funding is available from United States Department of Transportation (USDOT) passed through TxDOT under the Fixing America's Surface Transportation (FAST) Act (2015). The funding is for regional surface transportation projects with the primary mission of delivering innovative local transportation projects via an accelerated project delivery timeline. TxDOT has identified the Corpus Christi Metropolitan Planning Organization (CCMPO) as the local regional agency responsible for conducting the competitive project selection process. The City's application for the STBG-SA program was submitted on March 1, 2022 in keeping with the CCMPO's deadline. BACKGROUND AND FINDINGS: In 2015, President Obama signed into law the Fixing America's Surface Transportation (FAST) Act, which replaced the Moving Ahead for Progress in the 21st Century Act (MAP-21) enacted in 2012 with the Surface Transportation Block Grant set-aside (STBG-SA) funding program (Category 9). In accordance with the FAST Act, the Corpus Christi Metropolitan Planning Organization (CCMPO) will award projects using a performance-based competitive selection process. Only projects that are consistent with the Corpus Christi Adopted 2045 Metropolitan Transportation Plan (2045 MTP) will be selected for award. The minimum project award is $50,000 for non-infrastructure projects and $200,000 for infrastructure construction projects. Eligible projects under the FAST Act encompass a variety of smaller-scale transportation projects such as pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements such as historic preservation and vegetation management, and environmental mitigation related to stormwater and habitat maintenance. In an effort to increase the safety of pedestrians near and around schools, the Public Works Department seeks approval to submit an application for reimbursement funding for a total of five infrastructure construction projects. The five projects are: 1. District 1: Oak Park ES Route to School- Leopard Street and Oak Park Avenue Pedestrian Improvements - Project Cost: $739,858 2. District 2: Ocean Drive Pedestrian Crossing Improvements- (Oleander Point at Cole Park) - Project Cost: $417,693 3. District 3: Mary Carroll HS Safe Route to School — Mary Carroll Ditch Hike and Bike Trail Improvements - Project Cost: $1,168,105 4. District 4: Seashore Learning Center Safe Route to School — Encantada Avenue Pedestrian Safety Improvements - Project Cost: $894,240 5. District 5: Brooke Road/Master Channel Pedestrian Improvements - Project Cost: $1,239,435 For projects selected by the CCMPO, the City of Corpus Christi is responsible for completing all pre-construction activities (design, environmental clearance, right-of-way and utility relocation/coordination) with local funds. CCMPO Category 9 funds can then be used to reimburse the City for 80% of eligible costs that were paid by the City. Construction inspection and management activities associated with approved projects are eligible uses of CCMPO Category 9 funds. Any costs exceeding the total amount awarded are the responsibility of the City. Category 9 is not a grant program in that no money is provided upfront. Approved costs are reimbursed only after an Advanced Funding Agreement (AFA) between TxDOT and the City of Corpus Christi is authorized by the project sponsor's governing body. If awarded, Public Works will return to Council to accept the award and identify the required 20% local cash match for the projects. ALTERNATIVES: Should City Council not approve submission, the Public Works Department will not submit an STBG-SA application to the CCPMO. The projects will be constructed and only begin once an alternate funding source authorized. FISCAL IMPACT: The total amount of the city's request is $4,459,333.22. The grant requires a cash match equivalent to 20% of eligible construction, projects management, and construction inspections costs plus 100% of all costs related to project design to be provided by the City of Corpus Christi, If awarded, subsequent approval will be solicited from Council to accept and authorize the required local cash matches of up to $891,866 to effectuate those projects. Upon award, the Public Works Department will request City Council's approval to accept awarded funds, identify cash match funding sources, and authorize a program budget. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval to submit the STBG-SA application and all required documents to the Corpus Christi Metropolitan Planning Organization for the Federal Surface Transportation Block Grant Set-Aside (STBG-SA) call for projects issued January 6, 2022. LIST OF SUPPORTING DOCUMENTS: Resolution STBG-SA Application & Required Documentation Project List & Cost Estimates Project Exhibits Presentation Resolution authorizing submission of a grant application for five (5) multimodal pedestrian safety and mobility-focused transportation projects to the Corpus Christi Metropolitan Planning Organization for TXDOT's Category 9 Funding available under the Federal Surface Transportation Block Grant Set-Aside program authorized under the FAST Act of 2015 WHEREAS, the Corpus Christi Metropolitan Planning Organization ("CCMPO") has access through the Texas Department of Transportation ("TXDOT") to $4,500,000 in federal funding under the Federal Surface Transportation Block Grant Set-Aside ("STBG-SA") authorized under the Fixing America's Surface Transportation (FAST) Act of 2015; WHEREAS, TXDOT has identified the CCMPO as the local regional agency responsible for conducting the competitive project selection process for regional surface transportation projects with the primary mission of funding innovative local transportation projects via an accelerated project delivery timeline; WHEREAS, eligible projects under the FAST Act of 2015 include a variety of smaller-scale transportation projects such as pedestrian and bicycle facilities, recreational trails, safe routes to school projects, community improvements such as historic preservation projects, vegetation management and environmental mitigation related to stormwater and habitat maintenance; WHEREAS, the Public Works Department seeks Council approval to submit an application for reimbursement funding through CCMPO and TXDOT for five (5) multimodal pedestrian safety and mobility-focused transportation projects, one project for each City Council District; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council supports and approves the City's submission of an application for funding to the CCMPO for TXDOT's Category 9 funding available under the Federal Surface Transportation Block Grant Set-Aside program authorized under the FAST Act of 2015. SECTION 2. The City Manager, or his designee is authorized to execute any and all documents necessary to apply for the above-referenced transportation funding through CCMPO and TXDOT. PASSED AND APPROVED on the 22nd day of March, 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 Surface Transportation Block Grant Set-Aside (STBG-SA) City of Corpus Christi Project Submissions # Project Name STBG-SA Council Street From To P roject ProjectoDesign Con Costs Constir.Costs Project Description Proposed project will construct infrastructure to improve the ability to walk and bike to school. Improvements inlcude a 5-foot sidewalk along the Oak Park ES Safe Route to School- 11.Safe Oak Park north side of Leopard St.,between Villa Dr.and Oak 1 Leopard Street and Oak Park Routes to 1 Leopard Street Villa Drive 0.250 mi $ 111,384.46 $ 162,768.93 $ 651,075.70 $ 925,229.09 Park Ave.and along Oak Park Ave.between Up River Avenue Pedestrian Improvements School Avenue Rd.and Leopard St.,crosswalks,pedestrian island(s), curb ramps,Pedestrian Hybrid Beacon across Leopard St.,intersecton improvements at Leopard St./Elmore Ave.and traffic signage and pavement markings. 1.Bicycle Proposed project will construct infrastructure to Ocean Drive Pedestrian Crossing and Oleander Point Oleander Point improve the abilityto walk and bike across Ocean 2 Improvements- 2 Ocean Drive 80 ft $ 75,946.29 $ 91,892.58 $ 367,570.32 $ 535,409.19 Drive to a major City park(Cole Park).Improvements (Oleander Point at Cole Park) Pedestrian at Cole Park at Cole Park Facilities inlcude a Pedestrian Hybrid beacon,curb ramps,signs, and pavement markings(crosswalks). Proposed project will construct infrastructure to improve the ability to walk and bike to the new Mary Mary Carroll HS Safe Route to Carroll High School.Improvements inlcude a new School- 11.Safe sidewalk/multi-use path,adjacent to the Mary Carroll 3 Mary Carroll Ditch Hike and Bike Routes to 3 N/A N/A N/A 0.500 mi $ 158,491.60 $ 256,983.20 $ 1,027,932.79 $ 1,443,407.59 Ditch,thatwIl extend the existing pedestrian pathway Trail Improvements School and connect to proposed City improvements along Carroll Lane(Project No.21054-Holly Road to the Dead End). Seashore Learning Center Safe Proposed project will construct infrastructure to 11.Safe improve the ability to walk and bike to school. 4 Route to School- Routes to 4 Avenue Encantada Gypsy Street Park Road 22 0.500 mi $ 128,366.40 $ 196,732.80 $ 786,931.20 $ 1,112,030A0 Improvements inlcude a 5-footsidewalk along Safety Improvements Encantada Avenue Pedestrian School Encantada AVenue,curb ramps,signage and pavement markings. 1.Bicycle Proposed project will construct infrastructure to Brooke Road/Master Channel and improve the ability to walk and bike.Improvements 5 Pedestrian Improvements Pedestrian 5 Brooke Road Airline Road Ame[rine Dr 1.000 mi $ 166,337.90 $ 272,675.81 $ 1,090,703.23 $ 1,529,716.94 inlcude a newsidewalk/mulb-use path,adjacent to Facilities Master Channel 27. Total Prpeared by Public Warks 3/1/2022 J s o N Lu Lu + N . _. 'esti ` . 4. y OR INTERSTATE 37 li�Fpq�s T 9r1. �T goy Fq q Cgl2 F rc� `ST Q� OQ i r ' LEOPARD ST. j 1 OAK PARK ❑ SPECIAL EMPHASIS , SCHOOL LEOPARD STREET AND OAK PARK AVENUE PEDESTRIAN SAFETY IMPROVEMENTS T PROJECT LIMITS � Alq QpP Q,. qk T p0� ENWOOD � Ou LEOPARD ST. AND OAK PARK AVE. PEDESTRIAN SAFETY IMPROVEMENTS 0 600' 1200' SCALE IN FEET VICINITY MAP COUNCIL DISTRICT 1 Date: Feb 11, 2022 — 11:1Bam user: dks File: e\Client\OLCR\C\Corpus Christi\COCC — Tra—portatia, Alternatives 2022 set Aside Program\Project E,hiblts\Leopard St. — Location Map.dwg " N "s r � OCEAN DRIVE PEDESTRIAN CROSSING IMPROVEMENTS PROJECT LIMITS Off, 1XI �qti 0 co AR 5 FIRST M 'N BAPTIST CHURCH r 4 -�"�-' "-lyra u 40A«r OCEAN DRIVE PEDESTRIAN CROSSING IMPROVEMENTS OLEANDER POINT AT COLE PARK 0 250' 500' SCALE IN FEET VICINITY MAP COUNCIL DISTRICT 2 Date: Feb 11, 2022 — 1120am user: dks File: c\Client\OLCR\C\Corpus Christi\COCC — Tra—portatia, Alternatives 2022 set Aside Program\Project E,hiblts\ocea, Dr. — Location Map.dwg HOLLY ROAD CRE MEADOW DR. 070 LA R. LU PROSPER ER J L1J J � CRE J~ MENDLLU ENHALL DR O� .1 _.. AKE i I O U m U iCRESTBROOKCTT RD p — } CREST CLIFF m O O FF CARA Ll �. CRESTHILL GRASSMERE DR U S m T SNI FI MARY CARROLL DITCH HIKE AND BIKE TRAIL IMPROVEMENTS DR r LL]n PROJECT LIMITS rr LU c LU o J r m _ IN a I' U O Se OC E LANE a b C �V� T O R 0 F,z w ...µ . cn BRAEBURN DR. OJ II U PROPOSED HIKE AND o ? BIKE TRAIL BY CCISD ILLLiL o . I-- N AY DR. 3Lu C — m > I ________ _I" r— NEW MARY CARROLL a HIGH SCHOOL- -° N 0 }� ^sX m+M o ' tiF ; SARATOGA BLVD.` MARY CARROLL DITCH HIKE AND BIKE TRAIL IMPROVEMENTS KOSTORYZ RD. TO CARROLL LN. 0 600' 1200' SCALE IN FEET VICINITY MAP COUNCIL DISTRICT 3 Date: Feb ii, 2022 — ii:nam user: dks File: L:\aie,t\oLCR\C\Corpu9 Cnriefi\COCC — Traaeportatiaa Aiteraafivee 2022 set Aside Program\Projeet Exnidite\Carrou Rs — Looatloa Map.dwg z ENCANTADA AVENUE PEDESTRIAN SAFETY IMPROVEMENTS . PROJECT LIMITS z a �' � SEASHORE �,� ' .�,� �•,gyp LEARNING �' p _ CENTER . 2 _ --- CD O P - �\PPP �mm m •NAVIGATION CHANNEL ° m P�sc s� - w --> 02 G� P POO s�. -y14- GYPSY ST. OsoPP o \g�OPO s� m PN n' w. z a O9 F N t n t ENCANTADA AVENUE PEDESTRIAN SAFETY IMPROVEMENTS GYPSY ST. TO PARK ROAD 22 0 600' 1200' SCALE IN FEET VICINITY MAP COUNCIL DISTRICT4 Date: Feb 11, 2022 — 1122am user: dks File: c\Client\OLCR\C\Corpus Christi\COCC — Tra—portatia, Alternatives 2022 Set Aside Program\Project E,hiblts\E,ca,tado Ave. — Locatlo, Map,cl 2 7777 AMETRINE DR. CKLLK UK. _EIAKE DR. 4 BOA FFFn BROOKE RD./MASTER CHANNEL 27 HIKE & BIKE TRAIL IMPROVEMENTS 4 PROJECT LIMITS r � 0 I FFFM =J'T JC R. o f N O W � IZ I; Q I; I QUAIL SPRINGS � I ` � WI :, W YO I I , O E= Ir I 1 Q m i 1 KOLDA ELEMENTARY -07 SCHOOL 9 RODD RIELD ROAD O � 01 D °o � PpP SFORK DR_ � J J Lu J W f BROOKE RD./MASTER CHANNEL 27 HIKE AND BIKE TRAIL IMPROVEMENTS AIRLINE RD. TO AMETRINE DR. 0 600' 1200' SCALE IN FEET VICINITY MAP COUNCIL DISTRICT 5 Date: Feb 11, 2022 — 1 L23am User: dks File: L\Client\OLCR\C\Corpus Christi\COCC — Transportation Alternatives 2022 Set Aside Program\Project Exhibits\Brooke Rd. — Location Map.dwg so GO O� U NCOHP00.Pt�'� 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 22, 2022 DATE: February 10, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance - Procurement heatherh3(a)cctexas.com (361) 826-3227 Charles Mendoza, Director of Asset Management charlesm2(a)cctexas.com (361) 826-1941 Delegating the Authorization to execute a Power Purchase Agreement CAPTION: Resolution for an electricity Power Purchase Agreement (PPA) for the City of Corpus Christi for a term not to exceed 10 years with a total purchase cost not to exceed $57,000,000, subject to future annual budget appropriations, and authorizing the City Manager to execute all documents necessary. SUMMARY: The city currently has an existing 5-year Power Purchase Agreement that is set to expire on December 31, 2022. The City has worked with Acclaim Energy to negotiate the purchase of electricity in the Texas deregulated energy market and to develop a robust contract vehicle that protects the City from pass through charges and other fees. Due to the volatility of the market the City must be able to move quickly to lock in favorable pricing for a long-term electric contract. This ordinance delegates the authority to sign the PPA to the City Manager within the parameters set forth in the resolution. BACKGROUND AND FINDINGS: Because of fluctuating conditions in the Texas Deregulated Energy market and to ensure that the City has the best opportunity to lock in a favorable rate and term, the Asset Management and Financial Department(s) recommends that the City Council delegate authority to the City Manager and Chief Financial Officer the authority to approve the purchase of the electricity commodity subject to the following parameters: 1. As compared to the average cost (minus taxes and transmission and distribution) of actual electricity purchased over the last 3 years of$5.68M per year (2019, 2020, and 2021) the total contractual cost of all electricity purchase may not exceed $28.5M on a 5 year and $57M on a 10-year contract, respectively. 2. The rate must be equal to or less than the recent 3 year weighted average electricity price paid by the City. 3. The term of the contract shall not exceed 10 years. The City's Asset Management Department in conjunction with Acclaim Energy solicited preliminary pricing and credentials from the market from multiple Retail Energy Providers (REP). Shortlisted REP's submitted contracts which have been reviewed by the City's Legal Department. To move forward with the purchase, Acclaim Energy will monitor the market for the target strike point(offered cost per kWh and term) by multiple REPs. REPs will continue competing throughout until contract execution. Once the desired strike point is met the City will only have 2 to 4 hours to make a decision to lock in the rate/term and execute the contract. Note: the stipulated average weighted cost of electricity in this memo does not include Transmission and Distribution cost that are subject to change by the Texas Public Utility Commission (PUC) or Gross Receipt Taxes that are established by the State. ALTERNATIVES: The City Council could choose not to approve the delegation and the power contract would need to come to City Council for approval which could result in less favorable energy pricing. FISCAL IMPACT: No Fiscal Impact RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution for an electricity Power Purchase Agreement (PPA) for the City of Corpus Christi for a term not to exceed 10 years with a total purchase cost not to exceed $57,000,000, subject to future annual budget appropriations, and authorizing the City Manager to execute all documents necessary. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager is authorized to execute an electricity Power Purchase Agreement for the City with a term not to exceed 10.5 years with a total purchase cost to not exceed $57,000,000, subject to sufficient future annual budget appropriations. Section 2. The stipulated average weighted cost of electricity in this resolution does not include transmission and distribution costs that are subject to change by the Texas Public Utility Commission or gross receipt taxes established by the State. 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 s cr,� o� �a v yoAPoaa.�� AGENDA MEMORANDUM xs52 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation KevinWa�cctexas.com (361) 289-0171 Ratification of grant application submittal to the U.S. Department of Transportation, Small Community Air Service Development Program by the Airport Department CAPTION: Resolution ratifying submission of a grant application to the U.S. Department of Transportation's Small Community Air Service Development Program on behalf of the Aviation Department in the amount of$750,000.00, with a cash match of$250,000.00 and $238,680.00 of in-kind services, for development of new non-stop airline service between Corpus Christi and Denver or the greater Western United States. SUMMARY: This resolution authorizes the Corpus Christi International Airport (CCIA) to submit a grant application for funding under the U.S. Department of Transportation, Small Community Air Service Development Program (SCASDP) Grant in the amount of $750,000 in federal with an airport local match of $488,680 consisting of $250,000 cash for marketing and $238,680 in-kind air service incentive plan. The grant funds will help to support revenue guarantee, marketing, and associated activities to recruit, initiate, and support new non-stop service between Corpus Christi and Denver or the greater Western United States. BACKGROUND AND FINDINGS: U.S. Department of Transportation (DOT) under the Small Community Air Service Development Program ("Small Community Program" or "SCASDP") provides federal grant opportunities to address air service and airfare issues in communities. DOT has up to $17 million available for FY 2021 grant awards to carry out the SCASDP program. No more than four cities from the same State or more than 40 communities can be selected for grant awards in this program each year. The federal grant funds are highly competitive and discretionary among all Small Hub designation or smaller airports in the U.S. Eligible Projects: •A U.S. air carrier to subsidize service to and from an underserved airport for a period not to exceed 3 years; • An underserved airport to obtain service to and from the underserved airport; and/or •An underserved airport to implement such other measures appropriate to improve air service both in terms of the cost of such service to consumers and the availability of such service, including improving air service through marketing and promotion of air service and enhanced utilization of airport facilities The City of Corpus Christi and the Aviation Department are taking the initiative to recapture some of the passenger traffic that is currently driving long distances to other airports like Austin, San Antonio, and Houston. The last new airline service was in late `90s with Delta. Providing a new nonstop service option to a key hub in the western United States would significantly enhance these efforts. The Coastal Bend Region to Denver market is significant, and a nonstop flight to Denver would also improve Corpus Christi International Airport's connectivity to numerous other destinations in the Rocky Mountain and West Coast regions. Various airlines have evaluated the Corpus Christi market, and although nonstop service could be successful, any new service comes with inherent risks and significant costs. The COVID-19 pandemic and current volatile industry environment have increased the risk to enter a new market. A SCASDP Grant award with an associated minimum revenue guarantee would help airlines mitigate those risks. The last time the City applied for this grant was in 2012, and the City was awarded $300,000 for marketing campaign to educate travelers on benefits to fly local. The City has not applied for the grant since 2012 until now because unless the scope is different from last grant award, an airport has to wait 10 years before re-applying. In addition, the Airport was successful in obtaining a letter of support from an airline and community leaders which make the application more competitive. Letters of support include the Mayor, City Manager, Congressman Michael Cloud, Visit Corpus Christi, Denver International Airport, Port Industries of Corpus Christi, Regional Economic Development Corporation, Port of Corpus Christi, United Chamber of Commerce, Kiewit Offshore Services Ltd, Texas A&M University Corpus Christi, and Sun Country Airlines. Additionally, the City will pursue obtaining up to $390,000 of community commitment funding. ALTERNATIVES: The alternative is not to submit the grant application and find other funding sources for revenue guarantee. The inability to provide revenue guarantee funds will delay the time for a new airline to enter the Coastal Bend Region as a new market. FISCAL IMPACT: There is no fiscal impact for the application process. However, if the grant is awarded then grant program period will be FY 2023 thru FY 2027. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends authorizing submittal of the grant application, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation slide Letters of Support Resolution ratifying submission of a grant application to the U.S. Department of Transportation's Small Community Air Service Development Program on behalf of the Aviation Department in the amount of $750,000.00, with a cash match of $250,000.00 and $238,680.00 of in-kind services, for development of new non-stop airline service between Corpus Christi and Denver or the greater Western United States. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Council ratifies submission of a grant application to the U.S. Department of Transportation's Small Community Air Service Development Program in the amount of $750,000.00, with a cash match of $250,000.00 and $238,680.00 of in-kind services to support revenue guarantee, marketing, and associated activities to recruit, initiate, and support new non-stop airline service between Corpus Christi and Denver or the greater Western United States. Furthermore, the City Manager, or his designee, is authorized to execute all documents necessary to accept, reject, modify, or terminate the grant. 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 Cjr14k Corpus Christi International Airport U .S. Department of Transportation Small Community Air Service Development Program Letters of Support Received • Paulette Guajardo, Mayor • Peter Zanoni, City Manager • Congressman Michael Cloud • Visit Corpus Christi • Sun Country Airlines • Regional Economic Development Corportation • United Corpus Christi Chamber of Commerce • Port of Corpus Christi • Kiewit Corporation • Texas A&M University— Corpus Christi • Denver International Airport • Port Industries of Corpus Christi Cri A Corpus Christi I�^ International Airport DENVER INTERNATIONAL AIRPORT ""- 8500 Pena Blvd. I Denver,Colorado 80249-6340 1 (303)342-2000 D E N March 7, 2022 Ms. Brooke Chapman Associate Director,Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis,811 Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, D.C. 20590 Re: DOT-OST-2022-0003 Dear Ms. Chapman: On behalf of Denver International Airport(DEN), I am pleased to submit this letter in support of the Small Community Air Service Development Program (SCASDP)application submitted by the Corpus Christi International Airport(CRP). DEN ranks as CRP's largest unserved destination based on U.S. Department of Transportation data,and Corpus Christi is the country's third-largest Combined Statistical Area within 1,000 miles of DEN without nonstop service to DEN. The Denver area is the number one inbound air market for Corpus Christi, in part due to the popularity of the area's Gulf Coast beaches among Coloradoans. Similarly, residents of the Coastal Bend region enjoy Colorado's skiing and the variety of outdoor activities offered in the Rocky Mountains. In addition,there are significant affinities between the two regions in the energy and military sectors. In fact, we have seen an increase in travel between DEN and CRP for the period of Q3 2021 vs. Q3 2019 when the local market grew by 30 percent, clearly demonstrating the potential for future travel demand. Furthermore, nonstop service between Denver and Corpus Christi would leverage DEN's large domestic network and growing international network to provide new travel opportunities for the Corpus Christi area. DEN boasts the second- largest domestic network in the U.S. with service to over 180 destinations in 45 U.S. states, including dozens of unique destinations not served through the current hub airports with service to Corpus Christi. Service between DEN and other Gulf Coast airports in similarly sized or smaller metropolitan areas has been successful in recent years, and we are confident the same would be true of service to Corpus Christi if given the opportunity. Thank you for your continued work and effort to improve air service access to small communities. DEN has a long history of anchoring successful SCASDP applications,and we are ready to support the addition of Corpus Christi to our network. Sinc rely' Phillip A.Washington CEO Denver International Airport flydenvencom DENVER THE MILE HIGH CITY (DKiewit March 8, 2022 Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8t1i Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 RE: Docket DOT-OST-2022-003 Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: Kiewit Offshore Services, Ltd. ("KOS") offers this letter as an expression of support for an application by the Corpus Christi International Airport ("CCIA") for a Small Community Air Service Development Program("SCASDP") grant that they are pursuing. Award of the proposed grant to CCIA would significantly enhance the business environment in the Coastal Bend region. CCIA is clearly the most convenient airport for Corpus Christi and the greater Coastal Bend region; however, we understand that the limited nonstop service options and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio,Austin or Houston in order to have efficient access to flights to their desired destinations. KOS is one of over forty districts in the Kiewit organization that are located all over the United States, including Denver, Colorado. Kiewit Corporation is headquartered in Omaha, Nebraska. KOS strongly supports CCIA's efforts to encourage the community to fly local, and are committed to using CCIA for our travels when it makes sense to do so. Thank you in advance for your consideration of CCIA's SCASDP grant application, and please know that the economic growth of this region is dependent upon support such as this. Sincerely, F ,k,� Fuat Sezer Kiewit Offshore Services, President KIEWIT OFFSHORE SERVICES,LTD. 2440 Kiewit Road,Ingleside,TX 78362 (361)775-4300 (361)775-4431-fax F Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office ol':lviation Analysis, 8`I' Floor, Room W86-307 City of 1 2I1O Ncw Jcrscv Av cnue, SE Corpus Wztshln�(iton, DC 20590 Christi Docl:ct DOT-OST-2022-0003 OFFICE OF THE MAYOR RE: Corpus Christi International Airport SCASDP Grant Application Paulette M.Guajardo Dear Ms. Chapman: P.O.sox 9277 I write in support of the application of Corpus Christi International Airport (CLIA) for a Corpus Christi Texas 78469-9277 Small ComrnLlnit\ air Scry ice Development Program (SCASDP) grant, which would Phone 361-826-3100 support a revenue guarantee and marketing campaign for new nonstop service to Denver Fax 361-826-3103 International Airport. www.ectexas.com The City of Corpus Christi is focused on making our community the best place to live and work, and having a vibrant, convenient, and connected airport is critical to that effort. CCIA connects our residents and buslncsSCs to the world, and also brings visitors into the City, where they can enjoy our area's beaches and other activities. Unfortunately, CCIA's nonstop flights are limited to two cities within the state of Texas; this limited service, combined with relatively high fares, leads nearly two-thirds of local travelers to drive to other airports that are at least two hours away rather than using their hometown airport to access the aviation network. Service to a key western market such as Denver, and potentially points beyond, would help our ongoing efforts to encourage both residents and visitors to fly CLIA. The City has undertaken a number of recent initiatives to support the airport, including(, an enhanced airport incentive program and a strong"Fly CCIA Pledge" program to encourage local business leaders to commit to flying from CLIA. As evidence of our commitment to the airport's success, we have assembled a strong package of financial support from numerous stakeholders in the community, including the City itself; to supplement the proposed SCASDP grant. However, the SCASDP grant itself is a critical element in assembling a revenue guarantee package that has sufficient funding to mitigate risks for an airline coii�idcring a new route from CLIA. Thank viiu in advance for your full and fair consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional i n lbrmation. Sine ely, Paulette M. Guajardo Mayor I: Corpus Christi REGIONAL ECONOMIC DEVELOPMENT CORPORATION Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8't' Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 Docket DOT-OST-2022-003 RE: Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: On behalf of Corpus Christi Regional Economic Development Corporation, I write in support of the application of Corpus Christi International Airport(CCIA) for a Small Community Air Service Development Program (SCASDP) grant. We believe that the proposed grant will significantly enhance the business environment in the Coastal Bend region, both by improving access to the rest of the country for local businesses and by making it easier for visitors to come to Corpus Christi and contribute to the local economy. In the last decade, the Coastal Bend has seen over $54 billion in new private investment, primarily in the Energy Sector. Economic Growth of the Corpus Christi MSA would place us 8'h if the region was compared to all other US States. The Port of Corpus Christi is the largest energy port in the US, and currently ships over 60% of US crude oil movements. With the recent international energy uncertainty, it is critical that we maintain and expand our air infrastructure, with special importance on links to other key energy cities like Denver. CCIA is the airport that serves these critical business operations, that are of national and international strategic importance. The proposed grant, which would support a revenue guarantee and marketing campaign for new nonstop service to Denver International Airport (DEN), would significantly enhance the attractiveness of CCIA by providing convenient service to an important origin and destination market. Current travel data shows Denver as the largest unserved market from CCIA, but most travelers flying to or from Denver use other airports. Nonstop service to Denver would give travelers access to another hub that connects the entire western half of the United States, as well as being a key oil and gas energy production hub, like Corpus Christi. We are aware of and strongly support CCIA's efforts to encourage the community to fly local and are committed to using CCIA when it makes sense to do so. Adding nonstop service to Denver and the connecting routes it provides would significantly increase the trips where we would choose to fly CCIA. One Shoreline Plaza 800 North Shoreline Blvd. Suite 1300 South Corpus Christi,Texas 78401 p 361-882-7448 f 361-882-9930 www.ccredc.com Thank you in advance for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincere lain Vasey President & CEO CCREDC One Shoreline Plaza 800 North Shoreline Blvd. Suite 1300 South Corpus Christi,Texas 78401 p 361-882-7448 f 361-882-9930 www.ccredc.com A Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation �st5z Office of Aviation Analysis, 8", Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 Docket DOT-OST-2022-0003 Peter Z,anoni CITY MANAGER RE: Corpus Christi International Airport SCASDP Grant Application PO Box 9277 Dear Ms. Chapman: Corpus Christi Texas 78469-9277 1 write in support of the application of Corpus Christi International Airport(CCIA)for a Small Phone 361-826-3220 Fax 361-826-3839 Community Air Service Development Program (SCASDP) grant which would support a Peterz@cctexas.com www.cctexas.com revenue guarantee and marketing campaign for new nonstop service to Denver International Airport. The City of Corpus Christi is focused on making our community the best place to live, work, travel. Establishing a vibrant,convenient, and connected airport is critical to that effort. CCIA connects our residents and businesses to the world bringing visitors into the city where they can enjoy our area's beaches and other area attractions. Unfortunately, CCIA's nonstop flights are limited to two cities within the state of Texas. This limited service, combined with relatively high fares, leads nearly two-thirds of local travelers to drive to other airports that are at least two hours away rather than using their hometown airport to access the aviation network. Service to a key western market such as Denver, and potentially points beyond, would help our ongoing efforts to encourage both residents and visitors to fly CCIA. The City of Corpus Christi has undertaken several recent initiatives to support the airport including an enhanced airport incentive program and a strong"Fly CCIA Pledge"program to encourage local business leaders to commit to flying from CCIA. As evidence of our commitment to the airport's success, we have assembled a strong package of potential financial support from numerous stakeholders in the community, including the City itself, to supplement the proposed SCASDP grant. However, the SCASDP grant itself is a critical element in assembling a revenue guarantee package that has sufficient funding to mitigate risks for an airline considering a new route from CCIA. Thank you in advance for your full and fair consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincerely, eter Zanoni, City Manager ow Sean Strawbridge m+ Chief Executive Officer PORTCORRUSCHRISTI March 7, 2022 Ms. Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8th Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 Docket DOT-OST-2022-003 RE: Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: On behalf of the Port of Corpus Christi Authority (PCCA), I write to you in support of the Corpus Christi International Airport (CLIA) application for a Small Community Air Service Development Program (SCASDP) grant. We believe the proposed grant will significantly enhance the business market in the South Texas Coastal Bend region by improving access and connectivity for our local businesses and visitors to proceed to Corpus Christi; therefore, contributing to the local economy. CCIA is the most convenient airport for Corpus Christi and the greater South Texas Coastal Bend region, but the limited nonstop flight service and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio, Austin, or Houston for greater access to direct flights and simplified connectivity to destinations we need. I understand the grant would support a revenue guarantee and marketing campaign for a new nonstop service to Denver International Airport (DEN), notably increasing the attractiveness of CCIA by providing convenient service to an important origin and destination market. Current travel data shows Denver as the largest unserved market from CLIA, despite most travelers flying to or from Denver using other airports. Nonstop service to Denver would give travelers access to another hub that connects the entire western half of the United States, which evidently will be more convenient compared to current route options from CLIA. The Port of Corpus Christi and the South Texas Coastal Bend have seen over $55 billion in private industrial investments over the past five years, an unprecedented level of growth resulting in a vibrant regional economy. Port-related employment accounts for over 98,000 jobs in the Coastal Bend area. The PCCA strongly supports CCIA's efforts to encourage our community and business travelers to fly local and is committed to using CCIA when the opportunity is available. Providing nonstop service to Denver and the connecting routes made available would mm 400 Harbor Drive 78401 PO Box 1541 78403 Corpus Christi,Texas I T 361 882 5633 F 361 882 7110 1 portofcc.com CLIA SCASDP Grant Application considerably increase the options for travelers to choose CCIA. Thank you in advance for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Very respectfully, PORT OF CORPUS CHRISTI AUTHORITY Sean C. Strawbridge Chief Executive Officer sun country 2005 Cargo Rd Minneapolis, MNI 55450 suncounM/.com March 9, 2022 Brooke Chapman Associate Director US Department of Transportation Office of the Secretary 1200 New Jersey Avenue, SE W Building, W86-490 Washington, D.C. 20590 Subject: Sun Country Airlines' Letter of Support for Corpus Christi International Airport's 2021 Small Community Air Service Development,Program Grant Application Dear Ms. Chapman, Sun Country Airlines supports the application of Corpus Christi International Airport (CLIA) for a Small Community Air Service Development Program (SCASDP) grant. The airport's goal is to provide funds for a revenue guarantee and marketing support for new nonstop service between CCIA and Denver International Airport(DEN). Sun Country has been evaluating potential service from CCIA to DEN, as well as other destinations. Sun Country recognizes that CCIA's limited nonstop service options and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio, Austin or Houston in order to have efficient access to flights to the places where the local community wants to travel. We believe that the high-quality, low-cost service that Sun Country could provide in connecting the Coastal Bend region to a significant destination, in combination with CCIA's own efforts in collaboration with the community, would reduce this leakage and draw travelers back to using their hometown airport. Similarly, we recognize the strength of Corpus Christi as a destination for Colorado residents, and expect that nonstop service would also cause some travelers to fly rather than drive as they are doing today. Although Sun Country believes that nonstop service between Corpus Christi and Denver could be successful, any new service comes with inherent risks and significant costs, especially in the current volatile industry environment. A SCASDP grant award with an associated minimum revenue guarantee would help us mitigate those risks. While Sun Country cannot guarantee that we will launch service from CCIA, the SCASDP grant would greatly increase our interest in entering the market. We look forward to continuing to work with CCIA regarding potential Sun Country service that would improve CCIA's access to the aviation system as well as enhance competition, and thank you for your consideration of CCIA's proposal. Sincerely., o' c'- Joe B ckendorf Dir Network Planning and Airline Scheduling 4�� TEXAS A&M UNIVERSITY JAIME NODARSE BARRERA,MA,MPH \�ORPUS CHRISTI VICE PRESIDENT OF INSTITUTIONAL ADVANCEMENT 6300 Ocean Drive,Unit 5741 Corpus Christi,Texas 78412-5741 0:361.825.3320•F:361.825.5930 Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8th Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 Docket DOT-OST-2022-003 RE: Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: On behalf of Texas A&M University-Corpus Christi, I write in support of the application of Corpus Christi International Airport(CLIA) for a Small Community Air Service Development Program (SCASDP) grant. We believe that the proposed grant will provide our University with opportunities for expansion and greater appeal, including attracting and retaining top researchers, faculty, staff, and students that will continue to benefit our Coastal Bend for years to come. CCIA is the most convenient airport for Corpus Christi and the greater Coastal Bend region, but the limited nonstop flight service and high fares relative to competing airports have caused many inconveniences when travelling. These limitations restrict incoming travel for prospective hires, and it also restricts outgoing travel for our current researchers and students to attend conferences and trainings. The proposed grant, which would support a revenue guarantee and marketing campaign for new nonstop service to Denver International Airport(DEN), would significantly enhance our University's ability to bring the best and brightest minds to our community, in turn investing in the growth of our economy and quality of place. TAMU-CC currently provides a total economic benefit of$590 million annually to the Coastal Bend, and changes like these afford us the opportunity to continue our Islander Impact. Thank you in advance for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincerely, Jaime N. Barrera Vice President of Institutional Advancement Texas A&M University-Corpus Christi THE ISLAND UNIVERSITY -V U United Carpus Christi CHAMBER of COMMERCE March 8, 2022 Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8t" Floor, Room W86-307 1200 New Jersey Avenue, SE Washington, DC 20590 Docket DOT-OST-2022-003 RE: Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: On behalf of the United Corpus Christi Chamber of Commerce, I write in support of the application of Corpus Christi International Airport (CCIA) for a Small Community Air Service Development Program (SCASDP) grant. We believe that the proposed grant will significantly enhance the business environment in the Coastal Bend region, both by improving access to the rest of the country for local businesses and by making it easier for visitors to come to Corpus Christi and contribute to the local economy. CCIA is the most convenient airport for Corpus Christi and the greater Coastal Bend region, but the limited nonstop flight service and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio, Austin, or Houston in order to have greater access to direct flights to the places where we need to travel. The proposed grant, which would support a revenue guarantee and marketing campaign for new nonstop service to Denver International Airport (DEN), would significantly enhance the attractiveness of CCIA by providing convenient service to an important origin and destination market. Current travel data shows Denver as the largest unserved market from CCIA, but most travelers flying to or from Denver use other airports. Nonstop service to Denver would give travelers access to another hub that connects the entire western half of the United States, which in many cases will be more convenient compared to current route options from CCIA. We are aware of and strongly support CCIA's efforts to encourage the community to fly local and are committed to using CCIA when it makes sense to do so. Adding nonstop service to Denver and the connecting routes it provides would significantly increase the trips where we would choose to fly CCIA. Additionally, we think the nonstop service to Denver would help grow our nationwide tourism industry. Thank you in advance for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincerely, A*tI., John R LaRue President & CEO ZMM.united cornuschristichamber.com 602 N. Staples Street, Suite 150 Corpus Christi, Texas 78401 361.881.1800 PORT INDUSTRIES %to w 11 March 2022 OF CORPUS CHRISTI NOW Brooke Chapman Associate Director, Small Community Air Service Development Program rr U.S. Department of Transportation a Balanced Office of Aviation Analysis, 8`" Floor, Room W86-307 Partnership 1200 New Jersey Avenue, SE Washington, DC 20590 AEP Texas Docket DOT-OST-2022-003 Air Liquide Re: Corpus Christi International Airport SCASDP Grant Application Buckeye Texas Partners Dear Ms. Chapman: Celanese Chemours I'm writing today on behalf of Port Industries of Corpus Christi in support of Cheniere Energy Corpus Christi International Airport's (CCIA) application for a Small Community Air Service Development Program (SCASDP) grant. We strongly support CCIA's CITGORefining&Chemicals, LP efforts to encourage the community to fly local, and are committed to using CCIA Enbridge when it makes sense to do so. We believe that the proposed grant will greatly enhance the business environment in the Coastal Bend region, both by Flint Hi/is Resources improving access to the rest of the country for local businesses and by making it Corpus Christi, LLC easier for visitors to come to Corpus Christi and contribute to the local economy. Gulf Coast Growth Ventures CCIA is the most convenient airport for Corpus Christi and the greater Coastal Kiewit Offshore Services, Ltd Bend region, but limited nonstop flight service and higher fares relative to LyondellBasell competing airports lead many travelers to drive more than two hours to airports NuStarLogistics in San Antonio, Austin, or Houston to access direct flights to their destinations. OxyChem The proposed grant, which supports a revenue guarantee and marketing Pin Oak Corpus Christi campaign for new nonstop service to Denver International Airport (DEN), will Port of Corpus Christi Authority significantly improve the attractiveness of using CCIA for both business and leisure travel by providing convenient service to an important origin and TALEN Energy destination market. Current travel data shows Denver as the largest unserved Valero market from CCIA, but most travelers flying to/from Denver use other airports. Nonstop service will give travelers access to another hub that connects the voesta/pine Texas entire western half of the United States, which in many cases will be more Vopak Termina/Corpus Christi convenient compared to current route options from CCIA. Thank you for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincerely, Robert J. Paulison Aaxdw� Executive Director MICHAEL CLOUD 555 N.CARANCAHUA ST. 27T"DISTRICT,TEXAS TOWER 11,SUITE 980' CORPUS CHRISTI,TX 78401 COMMITTEE ON AGRICULTURE �j�}�+ j�' �u7 /(J{�y'}�' (361)884-2222 �./ongrczg of the � niteb 6tato ,,, N.GLASS TX SUITE 102 CQMMITTEE ON OVERSIGHT N.GLA S TX 77901 IT AND REFORM 7�(�J p �y ]�}�p �+p p}y*1�y p (361)894-6446 RANKING MEMBER, ' -C � ` U� '"L `L�"`"µ��L� 512 CANNON HOB ECONOMIC AND CONSUMER POLICY m�}.y�a ttt }Ott `71�/� rya�� WASHINGTON,DC 20515 SUBCOMMITTEE ��Lll{�CLFii gb gl , Ot G (2G2)225-7742 March 11, 2022 CLOUD.HOUSE.Gov The Honorable Pete Buttigieg Secretary U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 RE: Corpus Christi International Airport SCASDP Grant Application Dear Secretary Buttigieg: As the Congressman for the 27t"District of Texas, I write in support of Corpus Christi International Airport's (CCIA) application for a Small Community Air Service Development Program(SCASDP) grant. CCIA is the most convenient airport for Corpus Christi and the greater Coastal Bend region, but the limited nonstop flight service and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio, Austin, or Houston in order to have greater access to direct flights to more destinations. The airport also connects the Coastal Bend region's residents and businesses, including the energy sector,universities, and our military facilities to the world. The proposed grant, would support a revenue guarantee and marketing campaign for new nonstop service to Denver International Airport (DEN), would assist CCIA's efforts to encourage both residents and visitors to use CCIA. Denver is CCIA's top unserved destination based on U.S. Department of Transportation data, and leakage data show that approximately 76% of local area residents who fly to Denver use other airports,with nonstop service and average fares that are 36-45% lower than CCIA. The greater Denver area is the number one inbound air market for Corpus Christi, and cell phone data show that there are also a significant number of travelers who drive between Colorado and Corpus Christi, some of whom would likely fly if convenient, nonstop service was available. This proposal is strongly supported by the local business and community leadership. Nonstop service to Denver would give travelers access to another hub that connects the entire western half of the United States, which in many cases will be more convenient compared to current route options from CCIA. Thank you in advance for your full and fair consideration of CCIA's SCASDP grant application. Please do not hesitate to reach out to my office if I can answer any questions or be of further assistance. Sincerely, Michael Cloud Member of Congress 27th Congressional District of Texas FACEBOOK.COM/REPCLOUDTX PRINTED ON RECYCLED PAPER TWITTER.COMIREPCLOUDTX. Brooke Chapman Associate Director, Small Community Air Service Development Program U.S. Department of Transportation Office of Aviation Analysis, 8t1 Floor,Room W86-307 1200 New Jersey Avenue, SE Washington,DC 20590 Docket DOT-OST-2022-003 RE: Corpus Christi International Airport SCASDP Grant Application Dear Ms. Chapman: As the CEO for the largest Destination Management Organization in South Texas,Visit Corpus Christi wholeheartedly supports the application of Corpus Christi International Airport(CLIA) for a Small Community Air Service Development Program (SCASDP)grant. We believe that the proposed grant will significantly enhance the travel and tourism environment in the Coastal Bend,by making it easier for visitors to come to Corpus Christi and contribute to the local economy. My organization has worked very closely with CCIA leadership to recruit additional air service to the region. Visit Corpus Christi is a leader in analytics within the tourism and our data tells a very compelling story. One of the primary reasons of the focus on Denver as a nonstop destination is because Denver is the number two out-of-state destination for tourism to the region. Multiple GPS data points and credit card spending reports consistently show that the Denver region is traveling to the Coastal Bend at higher rates than any other city in the country aside from one. CCIA is the most convenient airport for Corpus Christi and the greater Coastal Bend region,but the limited nonstop flight service and high fares relative to competing airports have caused many travelers to drive more than two hours to airports in San Antonio,Austin,or Houston in order to have greater access to direct flights to the places where we need to travel. The proposed grant,which would support a revenue guarantee and marketing campaign for new nonstop service to Denver International Airport(DEN),would significantly enhance the attractiveness of CCIA by providing convenient service to an important origin and destination market. Visit Corpus Christi has been outspoken to airlines that we would spend advertising dollars in new markets to help in promoting the routes. As Denver is one of our most important target markets,Visit Corpus Christi is prepared to contribute significance in-kind dollars in the Denver market in the form of in-airport marketing,media promotion in the Denver region and sending our PR team to Denver for media tours. Thank you in advance for your consideration of CCIA's SCASDP grant application. Please feel free to contact me if you have any questions or need any additional information. Sincerely, Brett Oetting President& CEO Visit Corpus Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 3/22/22 1852 Second Reading Ordinance for the City Council Meeting 3/29/22 DATE: February 16, 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 7602 Yorktown Boulevard CAPTION: Zoning Case No. 0122-06, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District. SUMMARY: The purpose is to allow for the construction of a multifamily development. BACKGROUND AND FINDINGS: The subject property is 14.834 acres in size with a potential maximum buildout of 261 dwelling units. The subject property is currently zoned "RS-4.5" Single-Family 4.5 District, consists of vacant land, and has remained undeveloped since annexation in 1995. To the north and south are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 District. Additionally, to the north is Master Channel 31 (Drainage Ditch). A proposed north/south "Cl" Minor Collector Street traverses the subject property and connects Yorktown Boulevard to the single-family residential subdivision located to the north of the subject property across Master Channel 31. To the east is a recently rezoned subdivision under development zoned "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District. To the west is a vacant property zoned "FR" Farm Rural District. Conformity to City Policy The subject property is located within the boundaries of the Southside 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) and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 35 within 200-foot notification area 4 outside notification area As of January 26, 2021: I n 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 "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District.. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District on January 26, 2021. Vote Count: For: 7 Opposed: 0 Absent: 2 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-06, Jackie Homes, LLC.: (District 5) Ordinance rezoning property at or near 7602 Yorktown Boulevard from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily 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 14.834-acre tract out of Lots 12 and 13, Section 25, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "K.- from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District. The subject property is located at or near 7602 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 5 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 5 Exhibit A �'TA TE OF'FEXAS COUNTY OR NluEcES E7 R]zrr FkW nets of a 14,1134 ocra trac:6 Ax rcmnimg m RJ4J-1 perms-tr-jy,m urLM 12 am4 13, Sat lice 25.Raw aluffemd Entine]FRIM atld Garden Tnoets•as*QWWLOn a kop recorded ln'Volwne; "A7,Palo 41-43,Mop ReeDMA hlwoves Caunty,7'e1LaF,Md 14.934 mut tracta130 beim aLs 6f4l 21.0E mote:Ines dcmriW in a deed nreorded in DOCum"a'lo.211341739URS,Official Records Nuttrs Canmty,7'eraRs,Said 14.934 ace UWL being mans pareicuJarlydkscribed a3 fQllmvs,, COMMYNCEING at a 987 m4WF MUnd A*tlic cDmmorL C4X=QfLals S.6,11,and 12,Section 25, F1DW Bluff and EnclnaJ Farm and Crarrden Tnwti,sum boiq the west corner df Lat 23•Blvc�3, Grange Park Unit 2,asslxRwh ata mepmtotded in Volume 69,Pages 136.153,Mop Retards Nueces Cougty,Tcxns,the Gornmm cast mrocrurlm 43,Black 14,and Lw 1,®lock 12,Aw,110 Lw Brims Unit 2,rr 3FKI'OVU L-..prJf rccofrlod In Volume1F7,1a Rea jib-36Z,Map Rmonls NvAmca Lowdy,Texas,THENCE wM the sommun Una o(Lgu t l anti 12,Serlion 25,amd L-m 1,Black 12, Sough 7r4 VN"WMala dislamt of6543 Fect Paas the cast comd'af said 21,09 merelntel.and in all a uAW dirmme of 135-90 feet to a pQ49 furshe East torher oflhie exhiW and forrhe POINT of BECINNFAIG, THENCE with the Qwmvw line of bots I 1&Rd 12,QrScedon 2$,timid 2 LH sere lrmc4 and 16;11 enhibit,-%QE[ 28°41'29"Wast,m distance of 992.99 feel is m jmEm for the south EOn=of this euh-lbit,from WHENCE the-wer orf Yarkmwtn 130ulevard aced the Common souLh comer of Dies 1[ w!12.Section 25 and ofsaid 21.0'Bsutra tract,bears SQvlh 28"41`29"Weat,a distant or"III TEAL THENCE tNorth 61'16'58"Wl!;L,a d-,MaFFEc of 731,81 feel w a point in the merthwme line of said 21-0R3 ucrr tn=and for the west COT=of this exhibiL, THENCZ with tht camrosm line of said 21,03 acrr traei and this rtda M4 N%dh 28°41'29"East,a d'1ffWce of 333-99 ftci to it pant for du rwwlI corner of dfis mWhll. TRF4NCE south 5l°18'53"EesL a distance af731 ZI feel 10 the POINT Qr ETGJNNlr4G,of this arhibit,and commining 14834 crib of land,raw rr fps, Totar 1.)Btuiat¢are haerd do Global Pvsisienimg Syrumb KAD 83(93)4205 Dahm 2,)A Map ofogwal date accatstpaa:s this iHelesand Hapn43 dcsc*lon. 3.)diet 51"Fe-bar-steel re-'her mt MLh yrllawr Omit tef,4bckd BrEsrer$wrwyigg_ 1•RgrLold E,Britslarda twmbyceniFy thaL this crin-hut of dw pmpetty legally dercribcd herein ix cD"NIL to t ev bass ofmy krmwledge and btlief. RomRtld E,Bri9tar,RPlS Na,5-0875-087 date:&hnh 22,2421, EDF."Isah _0 5407�*' ?ru m Job No.2l D21¢-Al :Page I of Page 4 of 5 EXMMT OF 3&=ACRE.%PUutR PLMP0=CKMLY,.OEM AKWACRETRACTFURRS,4,SPR0P0,,,9EdZOC N45A DA 3.9aa ACRE TR ACr FOR CN-1 FROND MED ZONINt1_&AM K"M ALRES MEM--"70P LDTS 12 AND 13 9N E5, "F1.41,iR®LUFFA.WEH 1NALFAFMAtjDUARDL-4TW. CM. ASSHOWN UNAA1ApREJ�]KDEDLHVaLUME•A•. 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I 1x2,BG1�_ MCM I6R 1 liiQ G*61.]V:MV 7A.01,(MEM) Mm"LLpFm of tbf ik e¢no+sn MIDi��ACMH �+IS T7 — �, � AlmelaM+dlm FOUNDSM'RE-PA YORK1'O 11 L7Y,{4JLr.VAR-'.+IT+ 0-MOPBRTV CcmffH RIGHT OF WAY VAfUES Brister Brister Sut ynig MIHRL 7I IiJTOTM4 au OF03MB a HUNA RUL w9Yirr.MrMiwf Gw MAAM%O AMZ&AMb WOLDR4L IMI*Ll,ad TwwTMli 14Wrk3.1q STFrLMI HAD V r•N X07 tKn% IMI* k17M771r MBVA�1TiSLtaI M6f NRl Yasin... 1n AI�9FIa! fLAifJC CSF S.Vf1lD llETG134i14�q MT1!A1YM0L4Apb'ltHjSMUCMMKlYap AL IrM.a.��,rrtitwTam o +F�.S u.«T'cieenal+W+6Yills�¢Illrr My R -Ir THIS�R08p hkTR'iCunit<MZ NFAk.MCM� T�d,Iwr�ra+a5�vasorsu.�arh�voa `V�•�• ._„ � R1i{RUC1LfTIL1 n+�MIP � seor LRS. �I DM +xti IA—ALLINU 0GKUNAKUTv-FM"1 {_ ( Ti"M24IL TOITHE MDM&Tyd4.LLY LhRV OnCA&APH EN aCUMl1LFT0 19K371MM),' INGMLLMO MP 1m ur r,myplt— MARCH"-2n ` JOB r*.2L9d3o-A Munuo9-UIM711IP-Lt nnW Page 5 of 5 ZONING REPORT Case No. 0122-06 INFOR No. 21ZN1054 Planning Commission Hearin Date: January 26, 2022 C Owner: Jackie Homes, LLC. o Applicant: Munoz Engineering u .� Location Address: 7602 Yorktown Boulevard a N Legal Description: 14.834-acre tract out of Lots 12 and 13, Section 25, Flour Q °� Bluff and Encinal Farm and Garden Tracts, located along the north side of Yorktown Boulevard, east of Rodd Field Road, and west of Starry Road From: "RS-4.5" Single-Family 4.5 District To: "RM-1" Multifamily District 'Es Area: 14.834 acres N Purpose of Request: To allow for the construction of a multifamily development Existing Zoning District Existing Future Land Use Land Use Site "RS-4.5" Single-Family 4.5 Vacant Medium Density District Residential Drainage and Permanent Open "RS-4.5" Single-Family 4.5 Space and N North District Low Density Medium Density Residential •E u, Residential N "RS-4.5" Single-Family 4.5 Low Density Medium Density South District Residential Residential N J "RS-4.5" Single-Family 4.5 LU East District and "CN-1" Vacant Medium Density Neighborhood Commercial Residential District Vacant and Low Medium Density West "FR" Farm Rural District Density Residential 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 M o residential use. The proposed rezoning to the "RM-1" Multifamily District is - a consistent with the adopted Comprehensive Plan (Plan CC) and warrants an a o amendment to the Future Land Use Map. Q City Council District: 5 Zoning Violations: None Zoning Report Page 2 ° Transportation and Circulation: The subject property has approximately 700 feet of street frontage along Yorktown Boulevard which is designated as a "A3" ° Primary Arterial Street. According to the Urban Transportation Plan, "A3" a N Primary Arterial Streets can convey a capacity between 30,000 and 48,000 L Average Daily Trips (ADT). Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume Yorktown130' ROW 166' ROW }' . Boulevard A3 Primary Arterial 79' paved 90' paved N/A Cl) Fred's Folly "Cl" Minor Collector 60' ROW None N/A (Proposed) 40' paved Staff Summary: Existing Land Uses & Zoning: The subject property is currently zoned "RS-4.5" Single- Family 4.5 District in 2021 , consists of vacant property, and has remained undeveloped since annexation in 1995. To the north and south are single-family residential subdivisions zoned "RS-4.5" Single-Family 4.5 District. Additionally, to the north is Master Channel 31 (Drainage Ditch). To the east is a recently rezoned subdivision under development zoned "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District. To the west is a vacant property zoned "FR" Farm Rural 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 Southside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RM-1" Multifamily District is 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). Zoning Report Page 3 • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (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: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed rezoning is compatible with the adjoining properties and does not have a negative impact upon the adjacent properties. • A proposed north/south "Cl" Minor Collector Street traverses the subject property and connects Yorktown Boulevard to the single-family residential subdivision located to the north of the subject property across Master Channel 31. • The "RM-1" Multifamily District has a maximum density of 22 dwelling units per acre. Based on 14.834 acres, minus 20% for infrastructure equals 11 .867 acres of developable land. 11 .867 acres at 22 dwelling units per acre equals a potential maximum buildout of 261 dwelling units. • Similar rezonings occurred in 2014 to multifamily zoning districts along the Yorktown Boulevard corridor. The proposed widening of Yorktown Boulevard is scheduled as part of a future Bond project. Planning Commission & Staff Recommendation (January 26, 2022): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District to the "RM-1" Multifamily District. Number of Notices Mailed — 35 within 200-foot notification area. 4 outside notification area As of January 21, 2022: ° In Favor — 0 inside notification area — 0 outside notification area 0 In Opposition — 0 inside notification area Z — 0 outside notification area a Totaling 0.00% of the land within the 200-foot notification area 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 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Zoning Report Page 4 S 6 RS- A- lly S- F'T A- c 2 YO�Fy`sT P y R S1- 35'4 -35`4 30 16 0 24 1 7 R� 2 FR 6 / 12 29 sUBJECT 3 534 PROPERTY 28 1s 27 11 23 10 1 2214 R Ste-4. 5 25 33 13 e9� 20 0 21 �OQTO1' CN-1 3219 26 E 9 k°vv RS- --.:-5 y F R r. �R�To `9Qp /RAS-4. 5 4, u0 W- 1 F,Po, RS-4. 5 o �F� R�os�ozz CASE: 0122-06 W' E ro .t`rl D Zoning and notice Area �' S RM-1 Mu1tifamity1 IL Liglrtlnduat-1 FP a 8Y RM-2 Mullifemil,2 IHHeavy Industrial = a Cage del Esu HM-3 MulN.miy 3 pun Planned Una Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family S CN-1 Neighborhood Commercial RS-4 5 Single-F..iy 4.5 CN-2 Neighborhood Commercial RS-TF T-Family - �0`�'n@. SUBJECT CR-1R.sort Commercial RS-15 Single-Family 15 CR -2 Re sort Commercial RE Residential Fera. PROPERTY CG4 General Commercial RS-TH Tewnhause u CG-2 General Commerclal SP Special Permit Cl Intensive Commercial RV Recreational Vehicle Park CED Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Historic Overlay Sources.Esri,HERE,Garmin, RP Rusinoas Park v USGS,Inlermap,INCREMENT P. ❑® 5ob wY °w ors NRCan,Esn Japan,METI,Esri wKh 20d b Q m ra�r City of ownerswannzoovxa<ro„ om,wra Co us China(Hong Kong),Esri Korea.Esri 4 aeaananow--x aranfa X opPa on Christi (Thailand),LOCATION MAP Ise Zoning Case #0122-06 Jackie Homes, LLC. Rezoning for a Property at 7602 Yorktown Boulevard From "RS-4.5" To "RM-1" P OMBJEC7 �q PRGPFmrf �g BOO °OO City Council March 22, 2022 Zoning Pattern and Adjacent Development Q jWCurrently Zoned: 209 "RS-4.5" Single-Family 4.5 District �r e Proposed Use: Multifamily Development Surrounding Uses: �NJCidC�G4 �fI.... pQpopjQ�7 "" • North: Drainage Channel and Qe-4o5 Single-Family Homes 00 Qe-6•5 iq R044 • South: Commercial District and 20o a O`� �o �p�q 2020 Single-Family Residences 4% FRp • East: Vacant Q84B31'U� oe West: Church ag Public Notification 35 Notices mailed inside 200' buffer 9S 4 Notices mailed outside 200' buffer S- / Notification Area S, 0 Opposed: 0 (0.00%) //FR 6 34 Separate Opposed Owners.- 0 28 15 29 0 In Favor: 0 (0.00%) 32 RS- FR Notified property owner's land in square N-1 feet/Total square footage of all property in �" the notification area RS_E.5 R Percentacle of oublic 0000sition Staff Analysis and Recommendation �qq The proposed rezoning is generally consistent a with the adopted Comprehensive Plan (Plan CC)and warrants an amendment to the Future p0f Land Use Map. The proposed rezoning is 0 A Rs compatible with the adjoining properties and does not have a negative impact upon the adjacent properties. ` F saq A proposed north/south "Cl" Minor Collector y k Vry�" F ` Street traverses the subject property and connects Yorktown Boulevard to the single- sa SUBJECT family residential subdivision located to the PROPERT' north of the subject property across Master Rs-a.s Channel 31. l + Based on 14.834 acres, minus 20% for �j 3 ,� infrastructure equals 11.867 acres of developable land. 11.867 acres at 22 dwelling r � CN-1 � ,�� lye �� ;F units per acre equals a potential maximum buildout of 261 dwelling units. RSC3 s� Similar rezonings occurred in 2014 to FR `°Rko� / multifamily zoning districts along the Yorktown 4o°FR R, "4-8<� �� Boulevard corridor. � S.4.5 �°� , �� Planning Commission and Staff �° RFS RQ4&40,2: Recommendation:Approval Multifamily along Yorktown Boulevard Rs-6 r`uu �s-6FR R5-6 --G-2 �(a3j RS-a FR RS-TF CN-1 FR RS-6FR RS-4.5 RS-4.5 R5 0 RS-4. GN 1 R5 4.5 RS-1-5 PS RS-4.3 R-4.5 R5-4.6PUDRS ��pwb �� 1 I , � ia;-a.5 auo, RS-6 -4.5',; GG-2 Rs-4,, ..' CG-2 d i CD RS - 4 ..'S Y 1 F 11 1 Q r ..t �� SUBJECT ' PROPERTY - r ,, R,S Jv 177" JP C CD CN - 1 RS� 4�5 ; o� FR ko RST meq,QomR�S�-4 ..5Rb - 4 . 5 r� FRoJ �f ^� y 4 . 5 < S " ' R.o,�rost2oz3 5V l CASE: 0122-06 N WE S Aerial View Subject Property SUBJECT 4?-PROPERTY ■■►1■ Sources: Esri, HERE, Garmin, USGS,'Intermap, INCREMENT P, City of NRCan, Esri Japan, METI, Esri Corpus China(Hong Kong), Esri Korea, Esri Christi (Thailand),LOCATION =MAP so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 3/22/22 1852 Second Reading Ordinance for the City Council Meeting 3/29/22 DATE: February 16, 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 2407 Mary Street CAPTION: Zoning Case No. 0122-01, Javier de la Garza: (District 1) Ordinance rezoning property at or near 2407 Mary Street from the "RM-1" Multifamily District to the "RS-4.5" Single-Family 4.5 District. SUMMARY: The purpose is to allow for the construction of single-family homes. BACKGROUND AND FINDINGS: The subject property is 0.34 acres in size. The subject property is currently zoned "RM-1" Multifamily District, consists of only one single-family home, and a portion that has remained undeveloped since annexation. To the north, south, east and west are either single-family homes or existing multifamily developments zoned either "RS-6" Single-Family 6 District or "RM-3" Multifamily District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium-density 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 owner is proposing to keep the single- family house currently on the property and build two additional single-family homes. As most homes in the neighborhood are existing non-conforming lots with shortened setbacks and smaller than required lot widths, the rezoning is in keeping with the character of the neighborhood. Public Input Process Number of Notices Mailed 32 within 200-foot notification area 7 outside notification area As of January 26, 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 "RM-1" Multifamily District to the "RS-4.5" Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "RM-1" Multifamily District to the "RS-4.5" Single-Family 4.5 District on January 26, 2021. Vote Count: For: 7 Opposed: 0 Absent: 2 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-01, Javier de la Garza: (District 1) Ordinance rezoning property at or near 2407 Mary Street from the "RM-1" Multifamily 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 Lots 7-10, Block 11 , Patrick Webb, as shown in Exhibit "K.- from the "RM-1" Multifamily District to the "RS-4.5" Single-Family 4.5 District The subject property is located at or near 2407 Mary Street. 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 4 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 4 Exhibit A RM-3 MARGUERITE ST RM-3 RS-6 RM-3 RS-6 RM-3 Maur s1r SUBJECT PROPERTY RS-6 RM-3 RM-1 RS-6 ti 0 z N F- a N RM-3 RS-6 MORRIS ST o Vl n r 12/13/20 f n y CASE: 0122-07 SUBJECT PROPERTY WITH ZONING E Subject corpus Property E s Christi A-1 AoanmamPovae Dramct -1 u'nlwa lnalla,rial�So-lm - A Aasnmem Rouse olstnct -z u;n mauetr1a1 o1srrlc: '' SUBJECT A-2 ApanmentRwse Drsmret I.3 Reavy mac51-:a1 D�s:,�`l .' n,r�.,G` 0-7--PROPERTY ilmis-onal Off ce D,I-t PDD Planned Unit Develop-1 AT ApaRment-Tourist',---t R-1A One Family Dwelling Distr c: 61 Neighhorhood Bu—ess District R-18 One Family Dwelling Listr c: &1A Nelghhorhood Sua'i -District R-IC One FamilN Dwelli,g L'len c: B 2 Dayinont D D [ R-2 Mi Melling U sriJ - 62h Realer Isle.d D tri. RA One Femlly Mr11sg C t c_ R-3 Rumness D 1 RE RemEenC el Est k D r a 8-9 General 3A—D'er.t R-TH Townhouse Dwellng Dim ci Sources Esri,HERE Garmin, e-s FT—,easiness Dse-ct sR special Perron = e USGS,Intermap�INCREMENT P, 13 Fn—sy easiness Care Jisl t T-1A T.-I Trailer Perk District DD eerpns cnr1s11 Dcuc,]zslgn Disc T-1e ManaracWrad Noma Park Liatecl City0f e NRCan,Esri Japan,MErTI,Esri F-R Farm Fl—oisld t T-1c Manuractured Hmi,snaalyision Corpus 04 ha(Hong Kongl-Esgn Korea,Esri Ne NlatericaLca:a-e1 La,cmark olstrmi Christi ,., (,Thailand), LOCATION MAP IPreservation Page 4 of 4 ZONING REPORT Case No. 0122-01 INFOR No. 21ZN1049 Planning Commission Hearing Date: January 26, 2022 City Council District: 1 o� Owner: Javier de la Garza Applicant: Brister Surveying a Location Address: 2407 Mary Street a - ° Legal Description: Patrick Webb, Block 11, lots 7-10 (located along the south side 0 0) a of Mary Street, east of 22nd Street, and west of south 191h Street) From: "RM-1" Multifamily 1 District To: "RS-4.5" Single-Family 4.5 District �o Area: 0.34 acres Purpose of Request: To allow for the construction of single-family homes Existing Zoning Existing Future District Land Use Land Use "RM-1" Multifamily 1 Low Density Medium Density Site District Residential Residential "RS-6" Single- Vacant, Low Density Medium Density North Family 6 District Residential Residential "RS-6" Single- Family 6 District, Vacant, Low Density Medium Density "RM-3" Multifamily 3 Residential Residential a South District "RS-6" Single- Low Density Medium Density � East Family 6 District Residential Residential 0 N "RS-6" Single- Family 6 District, Vacant, Medium High Density "RM-3" Multifamily 3 Density Residential Residential West District Property is platted but is currently undergoing the replatting process. No zoning violations on record. The subject property is located within the boundaries of the Westside Area E Lo Development Plan and is planned for medium density residential uses. The Future Q m a Land Use Map proposes medium density residential uses. The proposed rezoning is m consistent with the area development plan. 0 Zoning Report Page 2 The subject property has approximately 50 feet of street frontage along the Mary = Street which is designated as a "Local / Residential" Street. According to the Urban M Transportation Plan, "Local / Residential" Streets can convey a capacity up to 500 _5 Average Daily Trips (ADT). The subject property also has street frontages along 21 st and 22nd streets which are also "Local / Residential." v Urban 06 Proposed Existing Traffic Street Transportation Section Section Volume C Plan Type o Mary Street 20 p OW 50' ROW 28' ROW Not 21St Street Local/Residential T, 28' paved 22' paved Applicable ~ 22nd Street 22' pa d Water Wastewater Gas Storm Water m 6-inch ACP 8-inch VCP line 2-inch line 15-inch line located along line located located along Mary located along Mary Street. along Mary Street. Mary Street. Street. Staff Summary: Development Plan: The subject property is 0.34 acres in size. The owner is proposing to keep the single-family house currently on the property and build two additional single-family homes. The property is undergoing the replatting process. Comprehensive Plan Consistency: 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 were considered: • WESTSIDE AREA DEVELOPMENT PLAN – B3. POLICY STATEMENT Encourage new owner-occupied housing in the area bounded by the Crosstown Expressway, Horne Road, Airport Road, and Agnes Street by reducing local street widths, required lot sizes, sidewalk requirements, and by encouraging innovative designs and technologies in new developments. o Reduction of requirements should be contingent upon a guarantee that new housing will be owner occupied. • PLAN CC – HOUSING & NEIGHBORHOODS, Goals and Strategies, Housing o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. ■ Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market-rate and assisted—to meet community needs. o Corpus Christi sustains and maintains established neighborhoods. Zoning Report Page 3 • PLAN CC — FUTURE LAND USE, ZONING & URBAN DESIGN, Goals and Strategies Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. o Promote the stabilization, revitalization, and redevelopment of older neighborhoods. 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 owner is proposing to keep the single-family house currently on the property and build two additional single-family homes. As most homes in the neighborhood are existing non-conforming lots with shortened setbacks and smaller than required lot widths, the rezoning is in keeping with the character of the neighborhood. Planning Commission & Staff Recommendation (January 26, 2022): Approval of the change of zoning from the "RM-1" Multifamily District to the "RS-4.5" Single- Family 4.5 District. Number of Notices Mailed — 32 within 200-foot notification area. 7 outside notification area As of January 21, 2022: In Favor — 0 inside notification area ° — 0 outside notification area ca In Opposition — 0 inside notification area ° — 0 outside notification area Z Totaling 0.0% 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) Zoning Report Page 4 RM-3 MARGUERITE ST RM-3 RS-6 - 31=26 27 19 18 RM-3 RS- M-3 9 32 10 14 6 2$ 24 25 13 H MARY S:T UBdECT PROPERTY N RS-6 z N N 23 RM-3 20 21 0 RM-1 33 16 RS-6 22 30 12 " 29 17 M 11 15 2 C47 8 5 3 4 RS-6 MORRIS ST 4 t(4 cv L12/ /20 Z CASE. 0122-01N Inilri zir,nl Gn,�al E Zoning and notice Area S RM-1 MuCfifamtly1 IL Light industrial O RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamiy 3 PUO Planned Unit Der. verlay ON Processional Office RS-10 Single-Family 10 +' -,-�� Cnl ptls RM-AT Multifamiy AT R" Single-Family 6 CN-1 Neighborhood Cnmmerdal RS-4.5 Singl.Femiy 4.5 z CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 eso Rrt Commercial RSA5 SingleFamly 15 SUBJECT CR-2 R.sort Commerdal RE Residential Estate rl apaee.t 11-PROPERTY General Commercial RS-TH T-1,.... CG.2 General Commercial SP special Farm it ' $ a intensive Commercial Ry Recreational Vehicle Park wrra CRD D.—t—Commercial RMH Manufactured Home CR-3 Resort Commercial FR Hann Rural H a m t Historic Overlay r Rp eosin...Park -Sources:Esn,HERE,Garmin, 0 subjaar Pmneny Dw e. � �.� USGS,Intermap;�N(EREMENT P, Wrtn2oo nu.r O raterof NRCan,Esri Japan,METI,Esri ¢Ownars wdh+n 100'Ifatad an x O,rrwrs (;OW US adacnadawrrershipfabb noppcslion China(Hang Kong�,;Esri Korea,Esri Ch sti (.Thailand)LOCATION MAP Ile, a Zoning Case #0122-01 Javier de la Garza Rezoning for a Property at 2407 Mary Street From "RM-1" To "RS 4.5" Nagy aqff@@� ppop@�jy 0 � � N UvrW OqT@(w City Council March 22, 2022 Zoning Pattern and Adjacent Development Currently Zoned: MARGUERITE Si RM-3 "RM-1" Multifamily District S- 1 - Proposed Use: 3 Single-family Residences RIM-3 RS'• - Surrounding Uses: RS-6 MARY ST SUBJECT - PROPERTY • North: Vacant, Low density Residential �o 0 • South: Vacant, Low Density 0 Residential RM s • East: Low Density Residential RS-6 -RR ST y v West: Vacant, Medium Density C Residential 2 Public Notification 32 Notices mailed inside 200' buffer 7 Notices mailed outside 200' buffer RM-3 Notification Area25 9 32 10 6 9 14 6 24 y MA sr -SUB" PROPERTY Opposed: 0 (0.0%) R -6 Separate Opposed Owners: 0 nn(� 20 21 0 lf�u�Jll�� 33 16 S 22 30 12 9 In Favor: 0 (0.00%) 11 , 6 15 3 4 5 RM13 1 Notified property owner's land in square RS-6 MORRIS ST feet/Total square footage of all property in h the notification area = Percentaqe of public opposition 1 3 Staff Analysis and Recommendation ' MARGUERITEST_ l,. RM-3 RS-6 J +M RM-3 HS-B The proposed rezoning is consistent with FM-3 the adopted Comprehensive Plan (Plan SUBJECT CC)and compatible with the adjoining MARY ST .ro properties and does not have a negative Fs-e � impact upon adjacent properties. Planning Commission and Staff o Recommendation: Approval Jill i RM-3 m M A ".MORRIi 3T,11111 4 RM-3 MaRGUERI'TE StT RM-3 RS-6 RM-3 RS-6 RM-3 b SUBJECT � �- MaRY-sr PROPERTY N RS-6 RM-3 RM-1 RS-6 ' N N Q 1^ M N t RM-3 RS-6 MORRIS ST C � ti N N 1 1 81 CASE: 0122-01 v lbE S Aerial View LeupsrdSt Corpus Christi Subject Property SUBJECT ng as s� G�PROPERTY m eOjbxy y R a ■■►1■ f Sources: Esri, HERE, Garmin, USGS, Intermap,-INCREMENT P, City of 3° NRCan, Esri Japan, M'ETI, Esri Corpus China(Hong KongITEsri Korea, Esri Christi (Thailand),LOCATION MAP so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 3/22/22 1852 Second Reading Ordinance for the City Council Meeting 3/29/22 DATE: February 16, 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 302 Graham Road CAPTION: Zoning Case No. 0122-05, Land Majestic, LLC.: (District 4) Ordinance rezoning property at or near 302 Graham Road from the"RM-1" Multifamily District to the "RW Recreational Vehicle Park District. SUMMARY: The purpose is to allow for the construction of a recreational vehicle park. BACKGROUND AND FINDINGS: The subject property is 21.118 acres in size. The subject property is currently zoned "RM-1" Multifamily District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north across the O'Neil Drainage Channel are residential homes zoned "RM-1" Multifamily District. The O'Neil Drainage Channel is 120 feet wide with a depth of 7.9 feet. To the south are residential homes zoned "RM-1" Multifamily District. To the east are vacant properties zoned "RM-1" Multifamily District. To the west is Wranosky Park and a mini-storage complex zoned "CG-2" General Commercial District. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the"RV" Recreational Vehicle Park District is 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 29 within 200-foot notification area 5 outside notification area As of January 26, 2021: I n Favor In Opposition 0 inside notification area 6 inside notification area 0 outside notification area 0 outside notification area Totaling 6.14% 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 "RM-1" Multifamily District to the "RV" Recreational Vehicle Park District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "RM-1" Multifamily District to the "RV" Recreational Vehicle Park District on January 26, 2021. Vote Count: For: 7 Opposed: 0 Absent: 2 Abstai ned: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-05, Land Majestic, LLC.: (District 4) Ordinance rezoning property at or near 302 Graham Road from the "RM-1" Multifamily District to the "RV" Recreational Vehicle Park 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 21.118-acre tract out of Lots 9 and 10, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "K.- from the "RM-1" Multifamily District to the "RV" Recreational Vehicle Park District. The subject property is located at or near 302 Graham Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 5 Exhibit A SL-m. F.c k I No Ln..,r a I I.1 I 4 ii.i P,I I 1 h61),-ii,i A,.0:11x1 10,4VO On 9.5.7„'ire f3l I iff.1-1 1 1 1;1:1 ' T 1 .11 L I Acl,S Axl":i Ar,%liki"I-U6 I IIV J1101 I L-k-JIL-01 II''L':';1113w,A. 4 1 %1,11 4....-!,1,1 .. 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"M7.113 with the cDm Irwin Line or s:M 12.51 ucru era l-miwJ(16%!,urwy,Wknil,61'23'195"'wcili,st o des shin of I99.07 fk:u pms a di.qurbed L-poll FcAund,ajid in n,'I 4 Iran]iiiiiance al'211om fccL in a SIT-rt+as w Rix 11w nurl'i ccTnar of said:.R3 acre CrULL in th-z cimrinim line of iIiid U115 9 Mild 10,u.4 Re:4A i"q corr-4r rllhjS;urvav, TJ IIENCE-oh*K-cuin iiKm I ir%e or%;d 1.$:i sdare tract.said Lol 19 ird'.R.au.:1.hiz.:--.ir-%-n.Saulli 2r3fi-4U- W6Fl,9 distance or 530.40 feel 1.0 11w Fc)LN-r OF BEG LINNINIING of il%k i ulci.mil zoinnininp 2l.11 H acral of tand. nld�rcCe ICS6 Nutley 1.1 Bearinp an kvud )ip xAl IQ1! 1205 Dmium. 21 A Mnp oFaqual dale acuxiipauou,I"-I,Mo :k. in 1, IA ion. 3.1 Set JA"rc-Wr-rc-b*T SCI WiLli VU.Ii-A:'A k:--'I'-::I--'J 21 %1,'l Sipir-,T.-eing. 1.Ronald F.13risW da licreby CLAIfy(hal lhiS III:-:-:!.:I wid T4�p.-L-rn:,I-ik-%urLry a((Ilk:propkily legAl ly dc*xribO heTtin wjis rn.;de on like urou3id ihi�Lhy.�c,�-E� and i%ci-.4-,eci la the bc5A al iny kwwle4c-and hcl ic-if. .-6C [Wim ItF U. brisicr-RPI Shlo.5407 D41C:leplerribu 13,202;. job'140 212264 �il nnN ki-:=L" F Ij 4; Page 4 of 5 �g :fix 9' I MNH "L aaaa rn FFVAD - �u¢titl��awNa nlanxm�[Y m Y u aaa5Yi1T1LaaT+-------- --_—�---- .�—_ e —�--- �s .c{�x ear Na r o" 41 41 aa a ,541 et 41 Ir e y E+p Fk' r 47 � �iiFq �- --qy` '�: �� yr^R-�� ? ��.� 4° � � 3� 4� ►� {` 11 ... ¢as ye fi r C B 1" X; 5 Ngo_P� CG ZS 66 GG GG d a n i n n u n u u u � g a s u �� u e s u p a � i d�� .. a ��•� Page 5 of 5 ZONING REPORT Case No. 0122-05 INFOR No. 21ZN1052 Planning Commission Hearin Date: January 26, 2022 C Owner: Land Majestic, LLC. o Applicant: Land Majestic, LLC u .� Location Address: 302 Graham Road a N Legal Description: 21.118-acre tract out of Lots 9 and 10, Section 55, Flour Q °� Bluff and Encinal Farm and Garden Tracts, located along the north side of Graham Road, east of Waldron Road, and west of Laguna Shores Road From: "RM-1" Multifamily District To: "RV" Recreational Vehicle Park District io Area: 21 .118 acres Purpose of Request: To allow for the construction of a RV Park Existing Zoning District Existing Future Land Use Land Use Site "RM-1" Multifamily District Vacant High Density Residential Low Density Permanent Open North "RM-1" Multifamily District Residential and Space and High '_ Drainage Density o Residential Vacant and Low _JSouth "RM-1" Multifamily District Density High Density Residential Residential X LU "IH" Heavy Industrial District Vacant and Light High Density East and "RM-1" Multifamily District Industrial Residential West "CG-2" General Commercial Park and High Density District Commercial Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Flour Bluff Area Development Plan and is planned for a high-density o residential use. The proposed rezoning to the "RV" Recreational Vehicle Park 2 District is consistent with the adopted Comprehensive Plan (Plan CC) and a IU o warrants an amendment to the Future Land Use Map. Q City Council District: 4 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 660 feet of street frontage along Graham Road which is designated as a "C1" Minor 0 Collector Street. According to the Urban Transportation Plan, "Cl" Minor a N Collector Streets can convey a capacity between 1 ,000 and 3,000 Average Daily L Trips (ADT). Zoning Report Page 2 Street Urban Transportation Proposed Existing Traffic � Plan Type Section Section Volume " Graham 40paved 20paved 60' ROW 45' ROW � � Road "C1" Minor Collector N/A Staff Summary: Existing Land Uses & Zoning: The subject property is rezoned "RM-1" Multifamily District and has remained vacant since annexation in 1961 . To the north across the O'Neil Drainage Channel are residential homes zoned "RM-1" Multifamily District. The O'Neil Drainage Channel is 120 feet wide with a depth of 7.9 feet. To the south are residential homes zoned "RM-1" Multifamily District. To the east are vacant properties zoned "RM- 1" Multifamily District. To the west is Wranosky Park and a mini-storage complex 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 not platted. Utilities: Water: 6-inch ACP line located along Graham Road Wastewater: 8-inch PVC line located along Graham Road Gas: 4-inch Service Line located along Grham Road Storm Water: O'Neil Drainage Channel along rear property line Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a high-density residential use. The proposed rezoning to the "RV" Recreational Vehicle Park District is 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 direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. (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) • Support expanded and additional recreation vehicle area to serve tourists. Rezoning of proposed commercial and/or multi-family land use near SPID and adjacent to the Laguna Madre for recreational vehicle usage should be encouraged. Zoning this area for recreation vehicles (RV) would take advantage of the natural resource of the Zoning Report Page 3 Laguna Madre, excellent access to SPID, and would meet community objectives to minimize the potential for property losses in flood-prone areas. (Flour Bluff Area Development Plan Policy Statement 4.4) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), warrants an amendment to the Future Land Use Map, and is compatible with the adjoining properties. • The subject property has direct access to a collector street and is separated on two sides by the O'Neil Drainage Channel (120-feet wide). Planning Commission & Staff Recommendation (January 26, 2022): Approval of the change of zoning from the "RM-1" Multifamily District to the "RV" Recreational Vehicle Park District. Number of Notices Mailed — 29 within 200-foot notification area. 5 outside notification area = As of January 26, 2022: In Favor — 0 inside notification area — 0 outside notification area 0 In Opposition — 6 inside notification area Z — 0 outside notification area a Totaling 6.14% of the land within the 200-foot notification area 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 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Zoning Report Page 4 CG- 1 G-2 0 CG-2 e� a`r G G- 15A, P� C �2 3 4- 12,21 7 22 4115 20 23 CG-2 13 R,M 5 a 24 25 Rsp b 11 10 �? �J �P SUBJECT 1�2a PROPERTY 27 14 CG-2 9 CC 1 18 ° 28 ? 19 } 1H S 2 J Z G,Q ! 'QYgg'RO 1/06/2022 Na'ml Av Sl.,run. CASE: 0122-05 " �4n�ta w fs Zoning and notice Area 5 RM-1 Multifamily 1 IL Light Industrial RM-2 Multifem ily 2 IH Heavy Industrial RM-3 Multifem lly 3 POO Planned Unit Oe,Overlay OryProfessional Office Rs-10 Singlefamily 10 RM-AT Multifamily AT R58 Single-FamilyI CN-1 Neighborhood Commercial R51.5 SiragWF-roily d.5 CN-2 Neighborhood Commercial RS-TF T-Family SUBJECT CRA Resor)Commercial R315Single-Family 15 CR-2 Resort Commercial RE Reaidanhal Estate PROPERTY CGA General commercial RS_TH Townhouse _ CG-2 General Commercial gp gpeciai Permit [I Intensive Commercial Rv Recreational Yehicle P.,k CBo Downtown Commercial RMH Manufactured Home Iar?I CR-3 Rasurt Commercial a FR Farm Rural i,� o- \. " H..I. Paday ■ a"a ;�¢ Sources:Esri,HERE,Garmin, BP Business Park USGS,Intermap,INCREMENT P, ® Suhfect PmpeRy Owners NRCan,Esri Japan,METI,Esqr.i, wr"z°°'h er ��°°r City of China(Hon Kong),Esri KorA%Esrl 4OweswRhin20'liealort �/ Ownen COrpu1' ry Christi (Thailand),{OCATION MAP I Zoning Report Page 5 I wq. e5 3r- _q+.*p-- L,;s -x-1, —aV -E K-0la SL-.'DES. 21e 'P'Le3'-:: Do-t3 Le_V-_r7- ",:e 1EE21-IE 1: 31, ,e a -18 r _-V3- a,De at.',i,:': tip-4LI I -;a �d;-3_5::3']ES ;E� 12i 3 I, 7, 1 r 3 1 es 5-ple:a y_e :,c" '."'S� 16 Fai _-nfe5 -e a f�,a a --a M5 17. tre�X-etr; 7 r CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0122-05 Land Majestic,LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the"RM- I" Multifamily District to the"RV" Recreational Vehicle Park District not result in a in a chanae tot he Future Land Use Map. The proposed change of zoning is to allow for a RV Park., The property to be i t zoined is descnbed as A property located at or near 302 Graham Road and described as being a 21.118-acre tract out of Lots 9 and 10. Section 55, Flour Bluff and Encirtal Farm and Garden Tracts, located along the north side of Graham Road,east of Waldron Road. and west of Laguna Shores Road. The Planning Commission may recommend to City Council approval ordenial or approval of an intermediate zoning classification andiFor Special Permit Approval of a change of zoning. if inconsistent witti the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission wil conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The pubiic hearing will be held Wedmjftf, jAnum 26, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 kirm, in the City Council Chambers, 1201 Leopard Street- You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0- BOX 9277, CORPUS CHRISTI. TEXAS 7&469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall, be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name. Vj r� 4- 4 Address- City/State C 4 a , IN FAVOR IN OPPOSITION Phone ELL> REASON C(l, A Signature rkk, SEE MAP ON REVERSE SJOE Case POD,0122-05 NF OR Case No-212N1052 Case Manapr Andrew Dirnse Pro Pe ity 0wrw I D:10 Ernai[.AndrewD2@ I ascom Zoning Report Page 6 Portions with disabilities planning to aftW this rrWmg,'who t 1. r,. , jho may raqwre special services are requested to contact ine Developmen �e Department at least 48 hours iin WftamM at(36 t l 826-3240 Peesonas carr roue twien la riterc411 de asislpr a gala-0 71 SUP40'.0 guy den aysp a8 huras antes do laiixta Plarranlo at serviirAcs do dc-1. . . n6mieno f36611 9263240, If you wish to address the Commission ouning the meeting BW your Engish is bmjted.P*IU can Me DeViNopmept sarvices Depanment at 13c'. 826-3240 at*ast 48 hours in advance to request an intler"er be pr ont during ti,*meeting S q"d*mil-4irlirso a la wri-mission d afarite U lurdS y su ftft 66 1 Mado.1;AW OA14nW*1 c*o@djMn t: = $end2o&2C , sqntV[Ml LH 6 3240 41 rrdefvj�A 48 hong antes le Va um para sodcitar un Irtt Greta jn&I_Qjjg_A1__ ser prell"li,,, junti CITY PLANK 9, 10MMISSION PUBLIC HEA, G NOTICE Rezoning Case. ). 0122-05 Land Majestic, LLC.-has petuned the City of Corpus Christi to consider a change of zoning from the"RM- 1" Multifamily District to the "RV" Recreational Vehicle Park District,not resulting in a change to the Future Land Use li The proposed change of,zoning is to allow for a RV Park. The ptoperty to be rezoned �s described as. A property located at or near 302 Graham Road and described as being a 21.118-acre tract out of Lots 9 and 10, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Graham Road, east of Waldron Road,and west of Laguna Shores Road, The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classification and/or Special Permit, Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The public hearing Will be held Wednesday, January 26, 2022, during one of the Planning Commission"s regular meetings, which begins at 5:30 1g.m., in ,he City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. PrintedName- Charles V. Anderson III Address 409 Knickerbocker St CitylState Corpus Christi, TX. 784"8 IN FAVOR (x)IN OPPOSITION Phone: (36' ) 244-0081 REASON' This area should not be developed at all, due the large number of birds that use that area as a rest stop during their migration. Signature SEE MAP ON REVERSE SIDE Case No 0122-05 INFOR Case No.21ZNIOS2 Case Manager Andrew Dimas Property owner ID 22 Ernso AncfrvmD2@octaxn.com Zoning Report Page 7 Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240-Personas con(ncapacidades qua tienen la intenci6n de asistir a esla junta v aue reauieren servicios esoechales,se les suplica que den avisc 48 horas antes de la junta Ilamarde al departamento de servicios de desarrollo,al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited,please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea dirigirse a Is commission durante is Aatay_su-males es limitado favor de hamar al departamento de servicios de desarrollo all numero(361)826-3240 al menus 48 horas antes_de la iunta para solicitar un inar?rete,ser presente durante la iunta. f, a CITY PLANNi COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0122-05 Land Majestic, LLC.has petitioned the City of Corpus Christi to consider a change of zoning from the"RM- 1" Multifamily District to the"RV" Recreational Vehicle Park District, not resulting in a change to the Future Land Use Map. The proposed change of zoning is to allow for a RV Park. The property to be rezoned is described as A property located at or near 302 Graham Road and described as being a 21.118-acre tract out of Lots 9 and 10, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Graham Road,east of Waldron Road,and west of Laguna Shores Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday,January 26, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,, or in person, by telephone call or b/y leiter. me: ) _n Printed Na l Ttl� �"" ie v-rrA:s I 10I Address: 209 �►vicLW, _e City/State: C f 7 ( ) IN FAVOR (-A IN OPPOSITION Phone: Ele) 8 J REASON: ( r r -b ap ou /`-ay/0? D F To,FIC, <� Y �,C1cJC'_ C%c. 1,,v �L''� 19,-24 Camper' -I rash W I II blots ;nfo J_asoonm Po6r-6' K, (pla4m r cops, C1ns ii Signature SEE MAP ON REVERSE SIDE Case No 0122-05 INFOR Case No.:21ZN1052 Case Manager:Andrew Dimas Property Owner ID:25 Email:AndrewD2@cctexas.com Zoning Report Page 8 Persons with disabilitin planning to attend this meeting,who mey nequte spe"selvanw are requested to oontacl the Deveinmenl Department at tease 48 hourit in avarice at(361)$26-3240. ( onvis o00 ue penen Ia irlte[1cr]n da3 aslstar a seta rupia I qvv e Am aV1 h 11111" 118"n 1 i -Dw al numero(3611026-3240. if you wish to aMm"trw ComnMsslon during the Me+C"and your English is"ed,phase caA the Developrmenl Sere—Department at;361) 876-3240 at least 48 hours in advance to request an uuerpreler be preftM during the meeltng s1 ufto desea diristiraB{Lli cpynlssion durance W Amts rr su rigmas es limmst twi do Omar at rtto de servipwt de desanollo al ny }all 126.3240 al-tar 40 h21`80 Sol 44 0 Manta para oohdar un a6t6rpre%wr pnesertte dwentgla turtle CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0722-05 Land Majestic, LLC.has petitioned the City of Corpus Christi to consider a change of zoning from the"RM- L"Multifamily District to the "RV"Recreational Vehicle Park District,not resulting in a chance to the Future Land Use May. The proposed change of zoning is to allow for a RV Park. The property to be rezoned is described as- A property located at or near 302 Graham Road and described as being a 21,118-acre tract out of Lots 9 and 10, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, located along the north side of Graham Road,east of Waldron Road,and west of Laguna Shores Road. The Planning Commission may recommend to City Council approval or dental,or approval of an Intermediate zoning classification ar&or Special Permit. Approval of a change of zoning, If inconsistent with the City's Comprehensive Plan. wail also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday, January 26 ZM during one of the Planning Commission's regular meetings. which begins at 5.30 p.m., In the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request. For more information. please call (361)826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277,CORPUS CHRISTI, TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name:tM(0-)1, J44 =1L�t. i ' 1 ala Address .` - C Istat ( p IN FAVOR ( )IN OPPOSITION Phone: REASON -//6 / r 61L Slgl ture SEE MAP ON REVERSE SOE Case No 0122.05 INFOR Case No 21ZN1062 Case Mwager Andrew Dimaa Property Owner I D 24 Email Andnewr7200dexas Com Zoning Case #0122-05 Land Majestic, LLC. Rezoning for a Property at 302 Graham Road From "RM-1" To "RV" d N SW o r - PROPERTY RTY i ° City Council March 22, 2022 Zoning Pattern and Adjacent Development 4 CG-2 WO-09 f I(`�r"A(`�JCurrently Zoned: "RM-1" Multifamily District Proposed Use: Recreational Vehicle Park �LI��y/��VIJ�'/��I ll Mal �b Surrounding Uses: SUBJECT g® • North: Drainage Channel and PROPERTY Single-Family Homes South: Single-Family Residences / East: Vacant ,> Q N West: Park and Mini-Storage Public Notification CG-1 29 Notices mailed inside 200' buffer �� GG-3 5 Notices mailed outside 200' buffer °�� CG-1 5 �C 2 3 �- Notification Area 2.2, zo Zg Ci•2 J 5 S Opposed: 6 (6.14%) sRar I 4r Separate Opposed Owners. 4 .za Fr2 PER FY 27 14 G.Z 9 In Favor: 0 (0.00%) C 8 fi , 1H fi - J Notified property owner's land in square rq feet/Total square footage of all property in the notification area = 1 2; Percentage of public opposition 1 3 Staff Analysis and Recommendation UGz y CG 1 ° z, cG-s The proposed rezoning is f M- consistent with the adopted �yComprehensive Plan (Plan CC) � .s . and compatible with the adjoining properties. SUBJECT a The subject property has direct access to a collector street and is separated on two sides by the a � Cc O'Neil Drainage Channel. Planning Commission and Staff > 1H / �� Recommendation: Approval �J 4 ?� RM - 1 C-2 Alt C 2 Alt INS SFR o- r� 3 f/ /EL C q P , x x: 01/0�%202s2 N-1=-n CASE. 0122-05 WE S Aerial View ® Subject SUBJECT Property PROPERTY �►1 4 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, City of NRCan, Esri Japan, METI, Esri Corpus China(Hong Kong), Esri Korea';,Esri Christi (Thailand),LOCATION MAP '" se F v AGENDA MEMORANDUM /NIORPORpI Ep Public Hearing & First Reading Ordinance for the City Council Meeting 3/22/22 1852 Second Reading Ordinance for the City Council Meeting 3/29/22 DATE: February 16, 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 2020 Ramfield Road CAPTION: Zoning Case No. 0122-07, Mostaghasi Investment Trust.: (District 4)Ordinance rezoning property at or near 2020 Ramfield Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. SUMMARY: The purpose is to allow for the construction of single-family homes BACKGROUND AND FINDINGS: The subject property is 11.77 acres in size. The subject property is currently zoned "FR" Farm Rural District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north, south, east, and west are vacant properties zoned either "FR" Farm Rural District, "RE" Estate Residential District, or "RS-22" Single-Family 22 District. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for a low-density residential use. The proposed rezoning to the "RS-22" Single- Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. However, the Navy recommendation is to remain consistent with the Air Installation Compatibility Use Zone (AICUZ) guidelines. While Accident Potential Zone 1 (APZ-1) does not allow residential uses, Accident Potential Zone 2 (APZ-2) recommends lower overall density of no greater than two dwelling units per acre. The subject property is split between the two APZs and therefore should be considered to have the lowest amount of density possible in the portion within the area designated APZ-2. Public Input Process Number of Notices Mailed 4 within 200-foot notification area 5 outside notification area As of January 26, 2021: 1 n Favor In Opposition 0 inside notification area 2 inside notification area 0 outside notification area 0 outside notification area Totaling 14.56% 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 "RS-22" Single-Family 22 District. 2. Approval of the zoning from the "FR" Farm Rural District to the "RE" Estate Residential District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended denial of the zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District on January 26, 2021. Vote Count.- For: ount:For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff recommends denial of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0122-07, Mostaghasi Investment Trust.: (District 4) Ordinance rezoning property at or near 2020 Ramfield Road from the "FR" Farm Rural District to the "RS-22" Single-Family 22 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 11.77 acres out of Lot 31 , Section 39, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A": from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. The subject property is located at or near 2020 Ramfield Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 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 URELAN ENGINEERING Job No. 11401171-01 November 9,2021 STATE,OF TEXAS COUNTY OF MUECES Fieldnotes.Cor an I I." N,r,- I and.heins!1i pirtion ofLul 31, 'IL -"'. I I.':T ILit and Encinal Farm and crarcirn I r,ki1-,-i n)w ,I --ii-I i r--w-!ir Vikmc A, I 43-Map Records ofNtocces County.texas:the sated 11-71 AkFL- k1k r 1"we Imre ful!" ],,'Ilk I by mctc'.anti bounds as folk-wirs: Commencing,at the intersection ofthe centerline of KILM t JL:,,- 141:1-I, - tLJAX% JT1d the centerline o R-.-)sc her Road,a public roMway,for the West corner or i hv I ,:d Sc I K,ri 39 and W, I ract, 'I he-nee,South 61°00'00"Fasi%with the centerline vi-the said Ran ir'c 41 tx?undam ane of the said Lots 31 &32, a dialalr.r ul 1120 00 ICCt,ILI the Scarth,:(,merclfthe vd 1-ot.31; 'Flotmer,N:irih'9`00'00-FaA.with the N,4dw cit K)undary line of 20 Acre Tract described in a Warranty Deed'rilm Staci'Iiartcm,r, -�illiam J.Granberry and Christy Granberry,is t"orded in Document No. 200�'J[2908.said, I Public Records,a distance of 386.05 Feet,to the Point of Beginning,and a South corner ofthi, I ract. Thence.Nt)ftIl 314'03'57"WC-t.L)%,Cr and a news rhc,cud I of I-, and dol3arting the said Northwest boundary Line,a distance or h5v-"Fret,for a,:ointr,if this lra.t. Thence,North 29'00'00'*East-continuing 4vr and across the siud Lot 31.a distance of336-65 Feet,for an inner ell corricr of this Tract; Thence. Feet,to the common boundary line of the said Lots 31 and 32,tor&':'orner of this irw. I hence,`,.niih F,i,;',, %%iih the said c:41MTIIIn boundary'line,adkiance a1-351-00 Feet, 1 �.tid tiv:tion A for the Nprih COMCT of this Tia L Thence.S,,liTh 6I:;0I'01J''Last.s%ah 1,k onprni,�n houridan di.qtancc of 660(Ir.t 1 om.r r,r t hv I a--t z ortiv r i p t i 1w ;a&L 11,1( f I'I., t,n.T, k'�tie rt JL ltc'-I 'k X 1 1411.;t i0j9OIFFICP MV1 1-5 ANO tfk)l NDS'I I"Asso qwl;k4 1,11 31 1 B 1 1 M,.04,11 ill 1101.- lo r N Flag,1 A.1 (361)854-3101 2725 5 SWANTNE R DR-v CORPUS CHRISTI,TD(AS 79404 FAX(36111154-6001 TBPE, Firm N 145 o TI3PLS Firm#10032400 Page 4 of 6 Thence,Sttuth N'(10'00"Weft, with the said Nonlhw+est boundary line ofthe Aid 20 Acrc 1 racL a distance of r t t)y 1-crt.re the Point of Ele Jening,containing 11 77 Acres(512,895 Sq. Ft.P(11'1 and, more or>css: FIC,11irlL4a hd,,Cd U11 the rccordcd plat of Flour Blufrand EncimJ Farm and Garden Tracts.a tnup of t+t,ldh is ru vtdedl in " .-hi nc A,rages 41-43,of the Map Rccords of Nueces County Texas and d,w,nut repre%errl an on the grmirI f uar+c}. Unless this f iekinotcs dcs�nliti,ln.including preamble,seal and signature,appears in ir;enurov.:n its original farm,surveyor assumes no rv:iponsibility for its accuracy. ibrel he�ria { OF �. ill HAI.FNtr1141-FVNr, Dan L.Urban,R.P.L.5.. Licew No.47101 t war.eti xky'I110'[II}I'[CItL7:'A91.1pS AND[011 N110 177'UrnmPIL,4[gt}l FIII I alt.IN 11404 Jill !4:"r7PIIN s1.; (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TFXA5 784174 FAX(36IW54.6001 TBPE.Firm A 145.TBPLS Firm 0 1003240D Page 5 of 6 Flour 81„tf ona Ercinol 4rrn and Garden tracts Vc..J. A. Pg; 41-4.3, Mop Records of '+lu•eces C. unty, lamas Lot 1 r', 5ect,on S9 (o.,,.- ea rnn.00e, curl Lot IB. Section 39 OF.R.N..C..r�r..) �/yyf��M�+�e� �}�M�y� S61,00,W0E 660.00, 4 20 rry 11.77 ACT09 (512.M 3q. 1L) h � vcl � 4ti G�•nr eL ate C4L 5'. Lags +C,oee'°� + i"` vary* +0at �`CoN1 ,1 Ewos o� 4ggsc°� 'r;.y� ��+ aro QgaCGes `Al `4 a - NO OO'006W ' �k ap � y40- O tf�� 03 . 48.35 �I qL6 t�l�� :r��"b� P tl+►,� L� 1. a�w,�3 a by p O '1$ 3 [.7 9 o� "Pnint �f ' W U � � Be`tnnirrs� � �'8" R � r�J d I � � _3K a1 9 CL � a W' i�1i"o?-Waj O "Paint of L11i1Road--- --__ Comrnettcament" 0 100 200 GMKd Hakim: 11.77 Arae Tract is focatrd wittin the City GRAPHIC SALE keeb or Corpus Christi, rexae and a �.�=200 wA44ion based on We sketch/descriptian may bo in v+okrkion of the current City of Carew L`lvistr euborision ordinance. Exhibit B DATE: November 9, 2021 Sk t lch to SCALE: 1"=200' re©usafrs ter an a1 77 Ar. ' L.—d, h•"a JOB NO.: 114O3.C1.01 pa.pan eN LA 31. Sww" . oq i,if F-41 ENGINEERING j HEET: 1 of 2 ram aw ON*" DRAWN BY: JAB M VekWW I►f aeee 41-43, 11i:p aa.;u•ea ur h..sc n - ra.c ni a,1.» wuaeriq err CeonO+.Teresa wrbonsurwsylOwbaneng.com C 2021 by Urban Engineeru)q Page 6 of 6 ZONING REPORT Case No. 0122-07 INFOR No. 21ZN1053 Planning Commission Hearing Date: January 26, 2022 City Council District: 4 06 Owner: The Mostaghasi Investment Trust >, Applicant: Urban Engineering Location Address: 2020 Ramfield Road `—' o Legal Description: 11 .77 acres out of Flour Bluff and Encinal Farm and Garden a U) a Tracts, Lot 31 , Section 39 (located along the northside of Ramfield Road, east of Q Roscher Road, and west of Flour Bluff Drive). From: "FR" Farm Rural District To: "RS-22" Single-Family 22 District •Es Area: 11 .77 acres i° Purpose of Request: To allow for the construction of a single-family residential subdivision Existing Zoning Existing Future District Land Use Land Use "FR" Farm Rural Low Density Site Vacant Residential "FR" Farm Rual Agricultural Low Density North Residential J "RE" Residential Low Density = South Estate Agricultural Residential ca "FR" Farm Rural Agricultural Flood Plain E East Conservation N "RS-22" Single- Low Density Residential Low Density West Family 22 Residential Property is not platted. The subject property is located within the boundaries of the Flour Bluff Area oDevelopmentr- Plan and is planned for low-density residential uses. The Future Land Q m a Use Map proposes low density residential uses. The proposed rezoning is consistent > with the Future Land Map. 0 Zoning Report Page 2 The subject property has approximately 20 feet of street frontage along the Ramfield 06 Road which is designated as a "Cl Minor Collector" Street. According to the Urban 0 0 Transportation Plan, a "Cl Collector" Street can convey a capacity up to 1000-3000 Average Daily Trips (ADT). Ni Urban Proposed Existing Traffic v Street Transportation Section Section Volume Plan Type ~ Ramfield 60' ROW 20' ROW Not Road C1 Collector 25' paved 15' paved Applicable u, Water Wastewater Gas Storm Water m ' 8-inch ACP line 2-inch WS line Storm Ditch located on located along No Access located along both sides of Ramfield Mary Street. Ramfield Road. Road. Staff Summary: Development Plan: The subject property is 11 .77 acres. The applicant proposes to build a single-family residential subdivision with 2 dwelling units per acre. AICUZ: The subject property is within the Navy's Air Installation Compatibility Use Zones (AICUZ). The subject property is in both Accident Potential Zone 1 (APZ-1) and Accidental Potential Zone 2 (APZ-2) of Waldron Naval Outlying Landing Field (NOLF) and therefore subject to noise and overhead flights. The rezoning request is for a single-family residential subdivision with only 2 dwelling units per acre, which is consistent with AICUZ guidelines in the APZ-2. However, the proposed rezoning is inconsistent with APZ-1 . Comprehensive Plan Consistency: The proposed rezoning to the "RS-22" Single-Family 22 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies were considered: PLAN CC: • Future Land Use, Zoning, and Urban Design Policy — Statement 1 o Encourage orderly growth of new residential, commercial, and industrial areas o 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. o Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Zoning Report Page 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 applicant intends to build a single-family residential subdivision with 2 dwelling units per acre. • The proposed subdivision is keeping in character with adjacent and neighborhood properties. • Navy recommendation is to remain consistent with the AICUZ guidelines. While the APZ- 1 does not allow residential uses, APZ 2 recommends lower overall density. An alternative to the "RS-22" District is the "RE" District, which further reduces density. With "RE" District zoning, the subject property would have a maximum number of 11 dwelling units. Planning Commission and Staff Recommendation (January 26, 2022): Denial of the change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. Number of Notices Mailed —4 within 200-foot notification area. 5 outside notification area As of January 26, 2022: In Favor — 0 inside notification area ° — 0 outside notification area ca In Opposition — 2 inside notification area ° — 0 outside notification area Z Totaling 14.56% 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) Zoning Report Page 4 R S-ir P, RS-22 SUEJL-(;l PS-22 A PROPE safes- a 2— RS-22 aai Case # 0122-07 ZON)NG & NOTICE AREA lM-1 ML:111—ilY I IL Li;hL hdL.M.1 owl w w-fIvz IX X..y I.d.W.l SuBj#V"- R h4-3 h4d*f�dly 3 PUG F%.—d U.11 0—3—I.V PROPERr -3 N PTirk-b-I Obiaiii m-14 almk4—ly la AN-AT Nuf!lrmy OLTR5-6 54rqI=:v I� C_IW ,. 54, -9k4 4,5 15-T: T--f.. zm, MaIS c—I'lIl m 1.utr I C- R5 G.2 " r—W:--lA - 5P 11 Pw�!. CI hr I..1..c— ml.:.I RY A—I�nw,�Hd.N.k Z53 D—ft—Cc...; ZR A—L Z—rd.l AMH M—Nhrd H.,. FR R.I.1 a-I.y r- Cily of �m mo err0-,w-. cmptv, FLOCAT30M PAP] Zoning Report Page 5 Persona with disabilities planning to attend this-meting,woo may require sWa%sevioes, are requested to enrtac�tic Devi c.rnoflt Serwic03 GepartrnGtnt at least 48 hers in edvar"at(361)826-32411 Parsan��_yyfL t^r��GN1s��S.QUB Udrmn 4 intenrdr'qe d5itt'r a extra�vnt�_Y Qe•_+; servIdul laugf, ka. lea I:ra nue den iro 4l oratjr1ek dg 'a junta Ilamando al depariaminto de seryicos.do desarrolla,a neimeria[36tS,,�2�my3�Q,, If you wrsh to address the COMMission during the meeting and your English is n ted,please call the Development Services Npanment at(3151) B26-324D al least 48 hours in advar"to request an InWrpreter be present dr.�mp`he meeting1 u@111,ge"a 31n„_ d1rse is Pa cramp n dursnte la un, C9 V 511 Ia9 Wrid .fav-�e Ilat59ar al drvr}brnen��:isi K 6G dt�ya',; 01,T' ,CFO i�511 5"$3,240 al me_^^_;9 40',Qla5 a'tey.44.IIII IIIO.w 2KA un MO r !!!Irl.{tl�S 3a"a junta CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0122-07 Mostaghasi Investment Trust. has petitioned the City Of Corpus Christi to consider a change of zoning from the "FR” Farm Rural District to the "RS-22'" Single-Family 22 District not resulting in a change to the Future Land Use Ma V. The p ro osed chap pe of zon i nq is to allow for a lar a tract sin 1e-farnif homes. The properly to be rezoned Is descritaed as A property located at or near 2020 Ramfield Load and described as being a 11.77-acre tract out of Lot 31, Section 39, Flour Bluff and Encinal Farre and Garden Tracts, located along the north side of Ramffeld Road, cast of Roscher Road, and west of Flour Bluff Drive, The Plarni rig Commission may rec:ommerd to City Council approval or d'enia 'oval of an intermediate zoning c'assifma*.Ion and or Special Permit Approval of a change of zoning '1-.cn5l5ter. ;,;`n the City Comprehersive Plan,will a'so have the effect of;amending the Comprehensiv - rc' 'C "-C .approved zoning. The Planning Commission will condu;l a public hearinc 'or this re..,jmatqLjl_It tC -scuss and formulate a recommendation tc •li , Crlty Couricil The pub'iI: F_irin,a ,v II to h,--td Wednesday, January 26, 2022, during one of the Planr ; ''orirnisslon's re�u',nr r,. . ,.n.-j ~ :;~ L rL 31. 5:30 p.m_ Irl the City COUncil Chambers, 1201 Leopard Street You are twit .c I :1_`Ar l,_i, r q c.r l =:; four views on th s rezoning request. For more information, please cal �`24 TO BL. ON RECORD, THIS f ORNt MUS 1 E3E ru l F ly ni�i �;_�rJF ? ;*' THE f.".UkPI NT FSI: :F FRTY ©VVNERi.SI AND MAILED IN ITS ENTIRE Ty" TO 1 IL LiL':E _1I'V!EN I I(-fF L,. '.� I r.11 H0X9277 �C0RPUSC:HRIS11, TEXAS 78469.92r , =.N- I,,, T )PJ �7t ':'I1;Fi?BEL . .-UL,_ _'MFS PUBLIC RECORD NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or In person, by telephone call or by letter. Printed 'Name - .. 6 G t e- Address: r t I .. 4 1 4 f' .Lr! Cityr'State Gti-�►1 a �r"I_a1� l: 1 IN FAVORIN OPPOSITION Phone. (01 'T �-�5 ' :::? 1':� REASON (' M -- Irf fwYl l r L yif, +r'S�r 1aw111+r .. Z Signature St-E h4Rf C4'AEVERSLe SIDE1NFOR Case No 21ZN1053 Case No C r 22 07 Case Manager Andrtlw[}meti Properly Dwrier ID7 0 Erred:AndrewCt2•Ae..exas cern Zoning Report Page 6 Persons w4h destad4ies planning to attend thts meeting.who may require special service!,WO requfm •:> '21r''r.�. *"•'��PrTlent Sernces Depa"ni at Least 48 hours In advance at(361)826-3240 Personas inn"rttwoacitld4� cue!Ie" r e [ := rr as st St31�?mB.Y q,.w, reoureren1lr�l estfeciaMes.se leg suali tatlC tt n arvaniQ 48 Moray anin do 10 jonto I .0 -" `sj,arna•ncrt � <... ) " d+ 31 smawc(3611 128.32 9, N you w sh to address the COrnnrasmon during the meeting and your English is limped,plesse caa the Development seryces DOWMSM at t3E 1 826-3240 at least 48 hOum in advance to regrtest an interprelw be preserd during the meeting d OtHa ding,0112 2 1 durente ca lumtp t f�Intjiee as Ii L .sr de Ilantg a!deoaatame_nto de seg fly desarrdtb Y nwlltrenp_t 15 826 3240 �+� p!nverkWrxaa antes 00 filar un mt8rpre.s ear [rta.4w r+La CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0122-07 Mostaghasi Investment Trust has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District to the"RS-22" Single-Family 22 District, not r ssuultimin a chane to the Future Land Use Map.The proposed change of zoning is to allow for a large tract sin le-famil homes.The property to be rezoned is described as A property located at or near 2020 Ramfield Road and described as being a 11.77-acre tract out of Lot 31, Section 39, Flour Muff and Encina) Farm and garden Tracts, Ionated along the north side of Ramfield Road, east of Roscher Road,and west of Flour Bluff Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning Classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City s Comprehensive Plan. will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday.January 26, 242.2, during one of the Planning Commission's regular meetings, which begins at 5:30 R.-m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public heanng to express your views on this rezoning request For more information, please call(361)826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P. O BOX 9277.CORPUS CHRISTI,TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name:¢. Address: tJ I`C1Aml l t�tJ _ City/State:(_OCc 4j 6LrrTs t ( } IN FAVOR {✓) IN OPPOSITION Phone.3 G [ -50-53 6S REASON Signature SEE MAP ON REVL6RSE SJJDE Case Ncs Ot 22-07 !Nt'OR Case No 2QN1053 Case Manager-Andrew Dmas Property owner to 4 Emaa AndmwD2acc9exas cum Zoning Case #0122-07 Mostaghasi Investment Fund Rezoning for a property at 2020 Ramfield Road From "FR" To "RS-22" N m eubjwt City Council March 22, 2022 Zoning Pattern and Adjacent Development Currently Zoned: "FR" Farm Rural District Proposed Use: Single-family Residential Subdivision, 2 dwelling units per acre, "RS-22" Surrounding Uses: ,p IVOS ppop@ y Q • North: Agricultural South: Agricultural Old 1601 East:Agricultural N West: Low Density Residential R( 2 Public Notification 4 Notices mailed inside 200' buffer / ms 5 Notices mailed outside 200' buffer RE �0 Notification Area pppp RS-22 @k/9�C5V�lJ s Opposed: 2 (14.56%) Separate Opposed Owners. 2 X SUB IEC. RS 22 rrzaPFRIr SP, S- R L In Favor: 0 (0.00%) RS 22 _ Notified property owner's land in square R— M N feet/Total square footage of all property in the notification area = RE Percentage of public opposition 3 Staff Analysis and Recommendation R546 � REy`�� `. ' .,� • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the fRS 12F adjoining properties, and does not have a negative impact upon adjacent properties. 0 While the APZ-1 does not allow IlksueJEcrresidential uses,APZ-2 recommends xs.zz PROPERTY ;. ' , SR9 a � • F , lower overall density.An alternative to ` the "RS-22" District is the "RE" �;� � �," District, which further reduces density " � �:" ` to one unit per acre. Rs,2 Planning Commission and Staff • „ p Recommendation: Denial <p sa ao R.E z.. 4 AICUZ s J R p ,y[~„V+■Tye w y 4,6 P +, '9 REQ"' r CN—r RE f RE RE, R$4- t aiE�..r1 _ 5 AICUZ RS-6 ,�sfnoc,� �NnR 3` �a 0 °R eo e-o ° FP 6 - Corpus Christi Bay Corpus Christi Ak- " � D ' Map Extent V �t. illli"� I 4 Legend Figure 4-4 QNOLFWaldron 2020 AICUZ APZs 2020 AICUZ Clear Zones SCALE Road Clear Zone and Accident Potential Zones, 0 2,000 Feet MOOSE:= Runway APZ I NOLF Waldron APZ 11 3^ Naval Air Station Source:ESRI 2018;Navy,2020,BRRC 2020 Corpus Christi, Texas Ecology and Environment,Inc.2020 36 ©2020 Ecology and Environment,Inc.Member of WSP ° R S�-6 f. 1 jam(/ • 71 w 4 : • r 4 ' « « r. '.� � ,�`:;s i 1.-i �^ 1 .+ � " " � ♦^�'�x 3'r SUBJECT e �• 'PROPERTY- 0S PROPERTY0SP1 -08 FR ♦ " � P rR S 2 2 d � !� Y" F' � �4 g�� a 1 y ♦� d r 5 o '� ♦ 'fir •40 ♦,.�<� '�" ��.�' t y. �' 'r� �r �A riA .. A_ z ^'"�..� ^^d"Q"�'t.�..r'ASS:Li' �� -E'.'!,'-0 1��! ♦ ,•:.: � r ...1'1 a- , {i i,.rM'rr+' ,rC ', d ;, ARE � ?" ♦� .� Date'Created:1/7/2022 0 250 K ; 500" * RJE a Prepared By:ReyR Feet A a�Y•` wti,l�?'. Department of DevelopmentServices Case # 0122-07 F� Jit(• Aerial with Subject Property OraVo Del Oso 0 SUBJECTSubject Npargc� PROPERT Property Y/I--, .a° vF °OR <F o Oy A��R oq o'Qirro Q' AR�Fe tYryF<`O ,Q �N�R Cor Christi B O Map Scale:1:3,200 s City of Corpus LOCATION MAP Christi ,mus cx 00 a� �h AGENDA MEMORANDUM �ORPO0.P��'0 Public Hearing and First Reading Ordinance for City Council (03/22/2022) N zss2 Second Reading Ordinance for City Council (03/29/2022) DATE: February 09,2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymonda-cctexas.com (361) 826-3575 Approval of a Water Arterial Transmission and Grid Main Construction and Reimbursement agreement appropriating trust funds for Cypress Point, LLC for construction of a proposed residential subdivision located on FM 2444 at CR 43, Caroline's Heights Unit 1 CAPTION: Ordinance authorizing a Water Arterial Transmission Grid Main Construction and Reimbursement Agreement ("Agreement') for up to $471,488.10 with Cypress Point Capital, LLC ("Developer") for the construction of a water arterial transmission grid main line for a proposed residential and commercial development located South of Farm Road 2444 on County Road 43 with a completion date of within 24 months; transferring $76,510.32 from the Sewer Trunk System Trust and $79,036.81 from the Water Distribution Main Trust to the Water Arterial Transmission & Grid Main Trust Fund to reimburse $471,448.10 the developer in accordance with the agreement. SUMMARY: Cypress Point Capital, LLC is required to install 3,153 linear feet of 12-inch PVC Pipe waterline extension to provide adequate water to the proposed residential subdivision development named Caroline's Heights Unit 1. The proposed subdivision will include 29 single family homes. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.0 in the event that the arterial transmission and grid main system are not in place when required for development, the developer may install that portion themselves to meet the Water Distribution System Standards,Water Transmission Master Plan, and Fire Suppression Rating Schedule. Under Section 8.5.1.C.B the developer shall be reimbursed from funds available from the Water Arterial Transmission and Grid Main Trust Fund for the portion installed by the developer up to a maximum of that which is required to meet standards. The Developer, Cypress Point Capital, LLC has requested reimbursement through a reimbursement agreement for a planned residential subdivision named Caroline's Heights Unit 1, an 18.720-acre tract of land, located on FM 2444 at CR43. Caroline's Heights Unit 1 Plat was approved by Planning Commission on November 10, 2021. The residential development is outside city limits. The Grid Main Extension consists of installing 3153 liner feet of 12-inch PVC. The allowable reimbursement is $484,907.78 construction costs less the acreage fee credit of$13,459.68 for an allowable reimbursement amount of$471,448.10. The term of the agreement is 24 months. The project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1.C. This water line extension will tie into the 12- inch water line that runs east to west of Staples Street (FM 2444) and is consistent with Water Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule. City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of the United Development Code 8.5.1.A.7 and 8.5.2.A.7. Within the next few weeks, staff will be bringing forward a policy revision that recommends trust fund dollars only be used for projects within the city limits. ALTERNATIVES: This project will improve and facilitate development in the area. An alternative to utilizing trust funds to construct the Water Arterial Transmission Grid Main improvements would be to construct the improvements with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Water Arterial Transmission and Grid Main Construction is $484,907.78, less the $13,459.68 lot/acreage fee credit, the maximum allowable reimbursement is $471,448.10. A transfer of$76,510.32 from the Sewer Trunk System Trust and $79,036.81 from the Water Distribution Main Trust Fund will be transferred to the Water Arterial Transmission and Grid Main Trust for a total of $471,448.10 will be appropriated for this reimbursement agreement. If approved by Council, updated balance would be a total $390,517.59 after the project is obligated as of January 31, 2022. Water Arterial Water Sanitary Sanitary Transmission Distribution Sewer Trunk Sewer & Grid Main Main Trust System Trust Collection Trust Line Trust lot&acreage pro-rata fees lot&acreage pro-rata fees fees fees 75% surcharge surcharge 75% surcharge surcharge Balance @ 9/30/21 545,781.63 53,870.02 4,366,883.34 283,821.30 Total after 844,011.59 transfers/deposits 21,534.63 4,429,892.44 365,962.32 Total Outstanding (773,347.48) (833.66) (3,389,653.70) (198,682.21) Reimbursements Payments made in 43,672.19 4,168.31 745,368.29 115,157.55 current fiscal yr. Balance Available 26,991.92 16,532.66 294,870.45 52,122.56 including Jan. deposits Funding Detail: Fund: 40300 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission Grid Main Construction and Reimbursement Agreement ("Agreement") for up to $471,448.10 with Cypress Point Capital, LLC ("Developer") for the construction of a water arterial transmission grid main line for a proposed residential and commercial development located South of Farm Road 2444 on County Road 43 with a completion date of within 24 months; transferring $76,510.32 from the Sewer Trunk System Trust and $79,036.81 from the Water Distribution Main Trust to the Water Arterial Transmission & Grid Main Trust Fund to reimburse $471,448.10 the developer in accordance with the agreement. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Cypress Point, LLC ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Caroline's Heights Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. Transferring $76,510.32 from the Sewer Trunk System Trust Fund and $79,036.81 from the Water Distribution Main Trust Fund to the Water Arterial Transmission & Grid Main Trust Fund for a total reimbursement of $471 ,448.10 to the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. SECTION 4. This ordinance takes effect upon passage. 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 Guajardo City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Cypress Point Capital, LLC ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021,to develop a tract of land, to wit approximately 18,720 acres known as Caroline's Heights Unit 1, in Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid Main Extension ("Grid Main Extension"). WHEREAS, it is in the best interests of the City to have the Grid Main Extension constructed to its ultimate capacity under the City's applicable Master Plan. WHEREAS, Section 8.5.1.c. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid Main Extension as show in Exhibit 2,the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose, and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's, assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws,; codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS QUANTITY UNIT 1 12"PVCP1PE 3153 LF 2 12"CAP TAPPED FOR 2" 2 EA 3 12"TEE 8 EA 4 12"GATE VALVE WJBOX 7 EA 5 12"EL,ANY ANGLE 4 EA 6 FIRE HYDRANTASSEMBLY 5 EA 7 116,DIA X 30"PVC PIPE NIPPLE 15 EA 8 IV 900 EL 4 EA 9 6"GATE VALVE w BOX 5 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Grid Main Extension, under the approved plans and specifications, within 24 months of the approval of this Agreement by City Council. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 12 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before 24 months of the approval of this Agreement by City Council. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 12 d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 12 i 1. If to the Developer/Owner: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 13. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Collection Line, contracts for testing services, and contracts with the contractor for the construction of the Collection Line must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, Including the area code, of the surety company to which any notice of claim should be sent; or WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 12 (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The cost for the Grid Main Extension less $13,459.68 lot/acreage fee credit is $471,448.10. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Grid Main Extension up to an amount not to exceed $471,448.10 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner monthly upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 j i I i i ' I e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. I All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC§8.5.1.C. 18. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out.of or be in any.manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 7 of-lie I i I ' attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of .response action taken with respect to any hazardous substance on or under the i. property regardless of whether that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. i 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to j this Agreement as Exhibit 5. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 8 of 12 I i i i I 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF COLLECTION LINE. i Upon completion of the construction, dedication of Grid Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a"controlling interest" in the entity,which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 1 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than-four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmi. i I 24. CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index I 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. I I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 12 I � i i Remainder of page intentionally left blank; signature page to follow. i I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT j Page 10 of 12 ! i I EXECUTED IN ONE ORIGINAL this day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development.Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Albert J. Raymond III, Director of Development Service for the City of Corpus Christi, Texas. Notary Public's Signature Approved to Legal Form: Buck Brice Assistant City Attorney WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 11 of 12 DEVELOPER/OWNER: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 By: George Shaheen Manager STATE OF TEXAS § COUNTY OF VVJLV/� § This instrument was acknowledged before me onI 2022, by George Shaheen, manager, on behalf of Cypress Point Capital, LLC. BETTY DEREESE otar ublic's Signature Notary ID X4751441 ^9 My Commission Expires rFort�p June 2, 2023 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT i Page 12 of 12 I N� EXHIBIT 1 %m m X.1W_llwzaTM w11 ZI.M.TME w�YI Fw NWwW M.O TM=s° ��D D x WA�•ND N� _ND�ES xDan WD,. u wRp E Wpm w„a �N n�D� °Y «x sr P A rN BtS4 OC EGAIxG3 6 THE SNtE CP ISYS VYBmF tli10,wIIM ,xen tv6l. 4 RwOPV:N pEXF1OPYEM PERWr vnLLeEO REOUNFv FOR EMs w 1xE itmDPUw uio e[e.PPxwm wU v Nu A ar nv uxtt FEnevavx enua. az O iH - P° -TN fORmi�EGown¢u Aso.-O E'OOEaF W P-v I r ZE sUe1ER sOE is va lcrEv ni rFw NAP 4xiRmD52DG sAuvcv REw..Fn�AND 2CxE R u+EAs txE PYSEW'M of VD61Y UNm WOxv!EXE PO+n WVM of vuT sw1E wxronu wnx LxE xu[cm Pti QUAL IJL°EARP°As00I Se OF �xW1LE°XaVNCE�xrfxRwO W n00 E mOP tE55 i �ftMYNWA 1 OF Ynlflr IIxE FIL61116 fY11WN I.—Nexr OF WAY.(fOLLcw cw.P�[n f CWv69r sfiEE15 AmxEESE MRN2ASNIHDNN�w E BmN°NwEAEfOFmOREGET°OM5 XOi Ut MVo1°RGH"NCE hOW N:p hV A4FA OF ZONE ID(OCPIx nWl t�. 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F—s.aEYs atEnwFD w ixs DEVE�NPua7. em pemRE uE m cEnRGF swupxx,uwG:xo vexwEx OF a-°s µu wmam+ e" � mxsmurnpx xRrEYprt wnx xuEem ewxn eu wPRChYENis SWw.EE GV^rteL rxE PPOPmvm�s v�Ep EW°NaaE TOR ENURING 11Ni AW FRorosm oNs ox CouW59pNFFs EOVM moN v of rx°5=IUPvamaENrs aF ixE NUECEs covim ras rN:_wr of 20� ERrc wnE couPcr wm't4 cFR 9n lENW 7rA FOOM Toa r�¢sran:vF TENas �mr%� Ol amo�C(AxaERwx Ermc srnEus mEonm tFu nn.w s Nor BE wcROuxm. is xO cEs rAVYDR.� s. IEr Dw-1 AuowEn Pm Em. nas DF iEcAs A. 14. mrs 5 o wOvmDEv. S rxAr niE mi Fac¢ ovR EIAMnONs sW11 BE 1R INONES MWOIUY ARprE txE Swffl CEHRRONE rxE emPUs exam-NeECEsouµxn/NTH STA & PURYC NENn1 ENGINEER mu aF nuESEs1 a Wr IF 4a xE S.—I. m I. pD� rx�q aLLVO axg6-rxAw o�Anrtw+s TM°�.0 O FIOE ar A cvurnr or... 6 °Y' eY txE oEPAanENr M L___J� °iYIl9eMFM SERAC6°FINE em of w4Pu5 pEN10WP�rSER1IX5 FHtlNFFA A Rew cw F E5 A o,tE W.ixE_DAY IF RE zp� s� SITE �IIIFc_ IF I— orD�mrs er mE Pw,x,x®FOOIF—�. .1—ON eFxas OF n¢cm of NrA DF G N ,NIN,xEF a 0_ d saE F a wDN„ IF Nom o E NapN u.wEuxmOn UZ ,Rmmmm PRauscxu w:D a:RVEraR DF Y.sF n wEtw ENGwm+Ixa _ _ I. wrnTMEDnr �wmNWnDxD FmsoDxwaXwwx xRDaNG L❑CATION MAP EAEpF u IF I- 6 1'=1500' I. s.NDs.C—w rxE wuNrc cwRr w AVD FON wD wI-w xEupr uxnro iNAr rxE cmDnr s orIF um�ExnuTo"•WAsAT Dun x�u,rr°Dior OEGONom.xE a DGF m u vuem u w rx_rA.P N�wxDN Nr NNND AVD sau IF rN COmum 11 Avp roa.10.—AT INFIl ix 111—clwml, -MINIMUM FINISHED FLDOR PLAT OF NVmEg�,NF,,rE,�,rxEnerAND, R�rwN�Ex. . F EV�ATINNS . NINENW Fix15xLD FEppR EIEYAiEa�F®t PLL APPROVED PLAT CAROLINE'S HEIGHTS UNIT 1 Ivlofzoz� D n Ds.aW 6RN1-T P�r7N6 ElEv}I,FS r si xim PSE TRi�tiAGE coU E PLANNING COMMISSION DEs«EP , u,xaP s°rR ff'En"�"voc.mxd.rmrswsa+'v:°oArPEciK°�Evs"'eiue°eEi en Nrr eouRr -- — ---R - r - - - NUECES -COUNTY, TEXAS - BASS & WELSH ENGINEERING "6D5g*'S"°Drz, 1%SURNEY PEG.ND 10002I' 1%ENGINEERING •.ED' REO.N6._2.1054 5.AL EOA STREET, L SCAIp IN. G FM O FOI —78466 SNEr.-0 �ar sDE,DDc.w xx,na .2.,m.�,�c �t EXHIBIT 7 BENCHMARKS ` N89'11'20'E 877.72' s)aPtEs sr IT. ameaERsi / tEn D0. 15 VE tCe.00 _a00— �vacV— Ioc.ar— ------2Dz 2)' � R is ———— -1 ' I � � ¢ m R' u . 9a.sF APPROVE lo2o21 D PLAN i N � /f/ I II as PLANNING COMMISSION Mm a Qom_ �Sc9•tt:➢. D�,.99—i➢�'-- ---- �3 ,d i HIGH STREET —�— Txe9•it•eA se se sis _ _ _ _ a \�\% s a2" --- ¢s# i iiia I Im o i sF ♦� 1 m 'w' ----- ----- r-- �'^---- -----IJ I� «L1-- �;------- - -- N z t21.�' ,DUE ,16 Do . ,1Dm• ---�•— IW `_ � — 1�� sUJ w aItn�� ----°uc----- --e9•>r>'m•c t I§ yl §n---HT ,vT)z---� CT Z/�� ( ¢3➢a3# ¢3+20 SF r 1 ,I O2o 44R m ^`'�rc�)II^q- `\�I~�� JIS�III � su9•IlE'i290'4]SF �O OC➢R�V.9F0.'D0DN¢+ T- 01 Sb 0I' +cT5P• i9].>¢Y CH=1DSTle DB Y 2LYR I I oRl+. �' OuveL W,s5 —i, I Iml Te➢0.�. ----- --- — ---- ` ----- ---- --- 6DD=— —�¢9 EOY�Y° ---- ----- O3D•� of I -- �� Oa. DD DD• Oti6D 1S� T 1 (^ hHIGHH ETREEE�l ' „ -1�+-�. E`ce'ue4at v �i DTE pTE Ex# Ope D3D Y e+D9# E,D ms Dt6# 9e# mySy ¢ ,-m. I ��36 ;<•1•xD• RONIm b v` `¢1�6es!u➢'DD' V— M © i PLAT OF ----- ----- '----- ----- ----- ——— ------ -----� CAROLINE'S HEIGHTS UNIT 1 f n ar D'E ,Dear tDaTA' 1D3.DD 9,.¢9' — -Se9.11'-20'v 877.72' m NUECES COUNTY; TEXAS — I i� "m^enrEAc c r�3),w �,xiD3Dazs. d BASS & WELSH ENGINEERING "➢� SURVEY PEC.ND 10002]-OD.T%ENGWEERINGw�ta�. T _ REG HCORPUSECHR6i1.TF]4EJ040A�E� 9CE]sEe�E EXHIBIT 2 i APPLICATION FOR WATER LINE CREDIT i We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby apply for$13,459.68 credit towards the water acreage fee for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing,as shown by the cost supporting documents attached herewith. George Shaheen, resident (Date) I THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o)t 2021,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of fe said corporation. j i BETTY DEREESE Notary ID#4751441 N, P My Commission Expires Notary ublic in and for Nueces County,Texas 'rfoFi` June 2, 2023 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$ is herewith approved. I/ I2v2Z. evelopment Services Engineer (Date) I i EXHIBIT 2 APPLICATION FOR WATER LINE REIMBURSEMENT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby request reimbursement of$471,448.10 for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing in excess of the acreage fee,as shown by the cost supporting documents attached herewith. rX "►"dO George Shaheen, esident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2021,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of thkAaid corporation. BETTY DEREESE Notary ID#4751441 14 'fq�Y My Commission Expires No"�,pblic in and for Nueces County,Texas June 2,2023 I CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)Sufficiency of funds in the Grid Main Trust Fund,and (b)Appropriation and approval by the City Council. ZDevei/Feb 2,o Z?- Development lopment Services Engineer (Date) i PVUC WHOWENEM78 TO EXHIBITS PRO vc.rrm.rwraar CAROUNE'S HEWTS MIT I MU CES couwv� TEXASla]ITE I N M shr= LUCATIDN MAP Mr.= aw.mvx Z== 7 SHEEP 1 COYER SHEET MD MISCELLANEOUS INFORMATION SHEET 2 PAVING.GGADWG AND OMWE PLAN AND PROPLE CALL BEMRE.YO�DIGI Sl-3 TER PLAN cull� IH—4 OFPSITE WER PIM AND PROFILE ME SHEET 5 STORM NATER—ENDN 113-11 1. PLAN,STREET LIGHT FI-AN.STREET SIGN PLAN ME E—E SO— AMR- SHEET G T OT SIGN MOUNFNG EST—SNA.L ROADSIDE SIGNS TRA.—E.PEASE—1. SHM 7 ON CRORSWA PAVENENT—INGS MO STREET NAME .—E SIGN S—. SHEET a T DOT INPIM SIGN REQUIREMENTS,TSR(4)-I3 mnt Oir..m.¢aror¢,¢m.,m.,.rem Tea.we.a n-w..m.w mvr r..r.¢w m.a uv swan rmem rm��mu wamw� ��r�"1�u�®mar wa�n�aR i�"m�aa.nmwc�mX •�-gyyM6�• mm mn 11G WEISX EING—SING ME,UM U-5-M M RZ S102YUR WF. — MI ..LIG%lllEll%lN'Tl, _E T HEIGHTS_NUECEG C...T% COYER SIIEET MD MIS—OUS INFOR-14 EXHIBIT 3 nm.,,b� ..e, Dal;;Z BETAIL s �3. I I e �rm mi n x rn,.mwalee ------------ SII I� 1 .k m auPo pp� aT 'p'Qn 1.00 2.00 5.00 4.00 5.00 6.00 —0 A— ".A —A. II... 12.00 15.00 1N.Oo Is.00 A— V.Oo IB.00� '�4u a 25 25 �r _____ _ ____ _ ____oox ____ _____________ __________ _________ _______ L ` __ ___ 20 e l•l 113 ® P _ _ ® IS 2 5.00 10.00 t3.00 k WELSH ENGINEEaiNN yt F 2S tt swim uc,xo. C ne eunrvm vnu _ vrs,uu ____ _____ ______________ PUBLIC IMPROVEMENTS TO _.__________ ____ __________ CAROLINE'S IEIOHTS UNIT i NUECES CO., T% PAVING—BIN.AND URAINASE PLAN AND PROFILE ,uwu.ana n,ynu,na ,ua.xa wr.vv.ziwr xv.�"m>bR° 4 PRePasrn Iz•Pvc vRT a EXHIBIT 3 �cGxRcx�so oN rGLEGvtxc sxE m q, � � APANOYED NR 13-00 I1 =IR ___�i 1' .00 ---- ' e m•momal JI � Iv I^ k (I Ile ILII I� � I la II I - � Ya I� O — FvcPvni�G ul I I � I I d o > ( LI----- — ------ ---------------------------- B —1—�r-->•xJ w -_ PRGPosEu I 4.1 vnTEFuc © I III I I I _____ _ _t`:67, - PREPGSEn I� ' v PVC VAiER O ' 1 t xzw�Cxdw_.v. o �o no' teo• --yyyy{- O_ -----------—_____ ____ _________ ____J rn•W4yp�� `�s r<a®� 1891x.Gi.arms,.�c °' tale/1t swsmo-. +PUO.IC IMPRGVEMENTS TO CPR S HEIGHTS xNIT 1 GLINtIECES C6,T% EXHIBIT 3 N (CM 2444), 130' ROW aw.w.r'rs nnlna o� wm� n.��,e• i ®rs.... T\ view P12�O1f_-—_- 1 R PVCWATER CP3SE➢]2' ra•� i. ��wriw \—.....E➢wre w, �meme..oc v� P •••" rv..m rm�wanurwl PVL VATER ,zw.mAw v,nm ie w. Hors w.� NO V TER 1 I ,w.wvm mn.w.e w,�ca on.w muwxn,nc I PYCYATERI� lr I 25 C SrGG t0+0U •ZU4 IIGnto nw,nxEn ao..+wn..,ue 25-00 — 23*GG I ____________ _________________ �N 20 I `�o I rA I I ,y4_.:yrr j� I PV°cPVfsiTER12 em we rn � I vx ..,oe. 2A55&WEL9N,ENGINExERINIG FVL NP9'l I'0' ism " Pft B INE S I-EIGNILII T SUN T _____ _____ ' —__ CAROLINE t81ECES CO ST% i .._ ' `� O • ' r .I.sw OEESITE vPTER PLAN `PP — EXHIBIT a.,� PRIrc»-ox..ei -- ----- — ----- o . dp N I pp �.,.�a,91� 1 --- ----- ` i ...m mow:."•""...,u.... A I j x4 i I e.,MlxrAnex�czm,Ix,�.,. j - ----- I � 1 w�m —.._ —__O____ o j -- . SP9'laa?sx.vwan,,c RI •SROME IMPROVEMENTS TO..�s -- - CAP LINE'S GHT HEIS UNIT'I '- NUECES CO.,T STORM VATER PULLUTION PREVENTION PLAN,STREET LIGHT PLAY,STREET SIGN PLAN NO ESTIMATE SUMMARY n4. TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS EXHIBIT 3 xrt �bP aaau arzv $� NOTE row�m+.a�.rs..a s°im w,. rw,w eros �vu as i_wtww �• dare ore o-ioun savlun oppravea �.epn,a.m'�I w�tm,ln��rola n iwi�'mnmsiaa� fL<*N 7'lo Iw Sl ipboae SYafr �Eb �°� Please referenab the Yater lot Pro0lser mdgwctw r. 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SW(SL IP-II-08 AND WELSH ENGINEER'. CIUILINE'SPfN1ElCsab UNIT 1 DDOT SIGs UDUNnNCOEiNLS:Sulu amE aIGYS lR1ANGUIPR bl1P CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN F�Ws EXHIBIT 8 AVD CRDSSWAD(TME ]• �gl- =1-= �•muD wxDE SNP OARUNFDURkR mYW7 11 m � Name I lb000r 0:NT PIMJNC 1ALK BA41—=NDACBAY NGIE snim IDENmrADON sola w 1NERE IOGTDXJ NOTES: �E TY� y i.NpPG�g F,E BUD6D yBmHY IEy�q µF�lpgEY�fAIp�NGS�rySUNgU}L F FALX MFKWLII 6E CTHE�.M�Al9®I.Y�T16FLE lL91MYf SIR T NUfE BIALES 9V110N WNE PIANC q 2 W6Sft 6@l FAD@ OF iXE SdQI RMUE 5 A➢PLIGHLE TO IlL f' y a SCALE N.T.S. � 25 Ntl by J.PFPVLELFM NC (OF 5'pa YF£.f h)i1 TELLlS YANWL DF UINFD(JR TMFFlC BTU �4 C OEiWiC�.AND tX0(R SffJUY.AOS. N NAATIJN A. O PAVEYEM fiMmE BroRcuExn iHEWI o SroP1FNfl OF Z' NOTES: �os�L'uK v a f. 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SNP BA4 ANO T 4'. o OROaxO1K OAP 'ItIERNCPUsnc)�� SCHOOL ZONE DETAIL g m FOR ASPHALT ROADWAYS--SCALE..N.T.S. d 7 u1CLQtlPV�'Dm c�FA�iPauE'�n a p In u�Nl P�ratn�Ed A�a� 2 YAINAw LI'FROM UP OF LUIS 1 !I9 TO CRJSSYAL(PM mNtwfFNiC TIM w PL.C/56�10' a � �aa,la onv„ HIGH CONTRAST CROSSWALK-DETAIL HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS-SCALE:N.T.S: FOR CONCRETE ROADWAYS-SCALE N.T.S. L1TL'RttUECf/ BASB PNO WEtSM ENGIN�EPivC PUBLIC IMPROVEMENTS TO CAFOLINE'S MFJGH.UNrt 1 "' CORPUS CHRaD.NUECES CO..T% ROSSWANt PAVEMENT NARK STREET NAME BLADE SIGN DETAltS yam_ APPROVED ga..te...cAe.rrrn,a'nmr REQUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES EXHIBIT 3 15TOP,YIELD.DO NOT ENTER AND 1ERCLUDING STOP, YIELD, DO NOT ENTER AND ,mn°"Im°sma x °:i �"mn a.r°,I�°A"i'a,OO I6 WRONG RAY SIGN51 PRONG WAY SIGNS! •.e.cm•o.e n,Ir m os . Ycnm•m o r , 3� R.nm�•ooma Doli..,.I.rar.�niP..a•ml,i.....im Rxw ,mama x,yrAi umm.,a m,aro Enmaie�i e�= B^—E LIMIT ar. a• � �m m..�,�.�m x.� _ �p . NOT WRONG E: EO WAY �a,.tx m®Y,m�,m�R-,,, « a nI,• a,,. r,., MICAL EXAWLES s,meme vim sn.,.. "c..o.n.a nm•m•eo..m,I.sn.Qi.. Rpk�g REWIRENENTS FOR FORT qE SPECIFIC SIGNS ONLY N SNEETIN6 xFmrIREU.PAGE W e SNFETIN6 REIXIIRESIM TER[AL 8�� u56Ct FPLC WTERIAL „Pe A sI¢Crtxo 61 mw. eaenOmwo nre e w e sneer,x0 UWE"SIGN SLAMS T1111 SS ggC .I�iTE [��e�mENEE 4� n@e Vis$ 3 ee REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS -E£ PEPARiEEMrLL WIERILL SPEGICICA Idrs SCHOOL SPEEDR— A LIMIT m* us-aw 2 EO � m raw"'o�r s,m ocY,ma r«Tnwo uxm, iRo Rm,re. «ma rm.,.,F.mmRwr TYPICAL EXAWLES TYPICAL EXAWLES MEETING REWIRD[NTS SREFTIRG REMIRENENTS appvann,mT pnetlm OSME zI.Y TACE WIER[it siGN FACE WTFR[u CLGuaeueIT ImiTE TYPICAL SIGN ua � F...... E REQUIREMENTS M.I0i°t LLIG xP-E LEGT[ELY TSR(4)-13 Twp er,ue, n�5 AND WELSH ENGIN��NG�� PUOUC IMP-5 TO -- -- EI—S UN i 0 NUECES CO.,Tx R - SpN REWIREY tl i NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 EXHIBIT 4 15039-PCE-12" 11/04/2021 CAROLINE'S HEIGHTS REIMBURSEMENT COST ESTIMATE 12"GRID MAIN WATER IMPROVEMENTS REIMBURSABLE BY CITY WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 3153 LF 90.00 283,770.00 2 12"CAP TAPPED FOR 2" 2 EA 3,500.00 7,000.00 3 12"TEE 8 EA 2,000.00 16,000.00 4 12"GATE VALVE W/BOX 7 EA 5,000.00 35,000:00 5 12"EL,ANY ANGLE 4 EA 1,200.00 4,800.00 6 FIRE HYDRANT ASSEMBLY 5 EA 7,000.00 35,000.00 7 6"DIA X 30"PVC PIPE NIPPLE 15 EA 800.00 12,000:00 8 6"90°EL 4 EA 1,000.00 4,000.00 9 6"GATE VALVE W/BOX 5 EA 2,500.00 12,500.00 SUBTOTAL 410,070.00 F ��t� OF TF,� ..,, 10%CONTINGINCIES 41,007.00 **•.� * SUBTOTAL $451,077.00 r N oti M.WELSH. 7.5%ENGINEERING,SURVEYING&TESTING 33.830.78 SUBTOTAL A $484,907.78 LESS WATER AGREAGE FEE,18.72 AC @$719/AC -13.459.68 TOTAL AMMOUNT REIMBURSABLE $471,448110 I I I i Page 1 of 1 DocuSign Envelope ID:24303BAE-26BD-4AOD-9 180-1 EA243127E79 EXHIBIT 5 • w DISCLOSURE OF INTERESTS Development Services Department. 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,! answer with"NA". NAME: Cypress Point Capital LLC STREET: 61 Bar Le DOC CITY: Corpus Christi Texas ZIP: 78414 FIRM is: ❑■ Corporation ❑ Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) None 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 None 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 None 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 None CERTIFICATE (To Be Notarized) 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 t'o the City of Corpus Christi,Texas as changes occur. Certifying Person: George Shaheen Title: Managing Member Docublonud by, (Print) Signature of Certifying Person: F Date: Dec. 22, 2021 T58i'Ba[32299iEd5... Land Development Division I Form No.4011 Revised 6/13/19'1 Page 1 of 2 i DocuSign Envelope ID:24303BAE-26BD-4AOD-9180-1 EA243127E79 DEFINITIONS EXHIBIT 5 Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platopplication@cctexas.com a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in'the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture; receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. I i i i I Land Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2 Reimbursement Agreement Agreement with Cypress Point Capital, LLC For a Water Arterial Transmission & Grid Main for Caroline's Heights Unit 1 City Council March 22,2022 Aerial Overview he Promenade N The Swan Village Ph1 Proposed Caroline' s Heights Unit 1 '� z Location Map lire_ ass'; u r N p The proposed a � Caroline's Heights Unit 1 subdivision 1 J r will be located on FM PROPOSED CAROLINE HEIGHTS !! 2444 on CR 43 as UNIT E-"- depicted in RED. Proposed Improvements Trust Fund Balance as of January 31 , 2022 water Arterial Sanitary Sewer Transmission&Grid Water Distribution Sanitary Sewer Trunk Collection Line Main Trust Main Trust System Trust Trust lot&acreage fees pro-rata fees lot&acreage fees pro-rata fees 75%surcharge 25%surcharge 75%surcharge 25%surcharge 4030-209010 4030-209020 4220-250410 4220-250420 26,991.92 16,532.66 294,870.45 52,122.56 Funding in the amount of $79,036.81 is transferred from Water Distribution Main Trust and $76,510.32 is transferred from the Sewer Trunk System Trust to reimburse the Developer $471,448.10 as per agreement. If approved by Council, the updated balance would be a total of $390,517.59 after project is obligated. Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5.1.C. Plat 7 7 v 4 a, LO no F FLAT OF HEIGHTS UNIT bUECES COUTV'IEXA" Plat ,� ^_. -�». .d. ,.... ..... .. .... li N r The red s: J oval shows01 lel where the 'I A' � -I II � jL water line =y _ ; I _ II will be I < capped PLAT OF 4 ---. _ --- --------------------------- ----� CAROLINE'S HEIGHTS UNIT 1 NUECES COUNTY,TEXAS 8 Water Master Plan 'bly of Gmpua Cldaii Proposed Water Master E .7Th....... 4......................... ----------- ---------- Plan Amendment: South of Oso Creek V? Met Infrastructure -1P,P d12-1011h(W-1) "Pm d>15-h(1--) —12-6-h 2-Kdk 16 d- 3 S.Plm q O.N.5%—W.WT.*-adP1.* LS—dA, 6 F.WOdStpiaBe I..L io PVC 1 1 112 PVC 42 DIP FW BIJF Call W. I R.W Uw 0 04 0.6 0-8 7.H* g, Proposed Caroline's Heights Unit 1 is consistent the Water Master Plan and is near other subdivisions recently developed. 9 e P4M Rot �u I } 21 YAP;'m t AF �� i re� ° • " iL Y so �o o� A H AGENDA MEMORANDUM µoRPORP�g4 Public Hearing & First Reading for the City Council Meeting of March 22, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 29, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director, Parks and Recreation Department DanteG(a-)-cctexas.com (361) 826-3133 THRU: Neiman Young PhD., Assistant City Manager N e i m a n ya-cctexas.co m (361) 826-3898 Community Enrichment Fund Ordinance Amendment CAPTION: Ordinance amending the Unified Development Code (UDC) to rename the Community Enrichment Fund to the Park Development Fund, eliminate the Park Development Fee, replace the calculation for a Fee in Lieu of Land to a flat fee of$462.50 per dwelling unit with annual CPI fee adjustment beginning on January 1, 2024, and allow for existing and future Community Enrichment Fund expenditures within applicable Area Development Zones. BACKGROUND: Parks development fees, land dedication, and other tools to preserve the City's recreational space were established to meet the City's open space requirements in the Uniform Development Code or UDC. Green spaces or open spaces in projects are essential as these areas allow residents to partake in various outdoor activities. Moreover, open spaces allow fresh air to flow, which is otherwise impossible in the congested areas of a city. The City currently maintains a two-step approach to collecting revenue to acquire or improve park space. This issue combined with an burdensome accounting process has led to miscommunication between the City staff and the development community. Considering this, City Council requested staff make recommendations to clarify the Community Enrichment Fund and simplify the collection of fees to create or improve open space. In response to the City Council's request, staff from the City Manager's Office, Parks and Recreation Department, Strategic Innovation Office, Finance Department, Development Services Department, and Legal Department developed recommended amendments to the UDC to simplify the park fee process. These amendments include charging a flat fee for residential development, accounting for the collection and expenditures of funding by Area Development Plans and indexing future years' fee in lieu of land dedication to Consumer Price Index. These recommendations will help to simplify the open space process and gain buy-in from the development community. In addition, these recommendations will make expenditures against the Community Enrichment Fund more transparent. RECOMMENDATION: Staff recommends the City Council approve the proposed amendments. LIST OF SUPPORTING DOCUMENTS: Community Enrichment Fund Ordinance Amendment Community Enrichment Fund Ordinance Presentation Ordinance amending the Unified Development Code (UDC) to rename the Community Enrichment Fund as Park Development Fund, establish a flat fee per dwelling unit for fee in lieu of land dedication, indexing future years' fee in lieu of land dedication to Consumer Price Index, modifying the Park Development Fee, and authorizing Park Development fund expenditures within the applicable Area Development Plan for park land acquisition or development. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code(" UDC"); WHEREAS, a public hearing was held during a meeting of the Planning Commission and with proper notice to the public, an additional public hearing was conducted during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, amendments are to promote public safety, enhance quality of life through visual relief and facilitate development and redevelopment; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3 "Public Open Space", Subsection 8.3.1 "Purpose", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 8.3.1. Purpose A. The purpose of this Section is to provide City planned recreational areas in the form of public parks as a function of the subdivision of land for residential uses and site development in the City. B. Public parks are those public open spaces providing for a variety of outdoor recreational opportunities and located within convenient distances from a majority of the residences to be served. The primary cost of public parks should be borne by the City with the assistance of the ultimate residential property owners who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries of such facilities. Page 1 of 5 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx SECTION 3. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3 "Public Open Space", Subsection 8.3.4 "Community Enrichment Fund", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 8.3.4. EAFiGh.,,e„+ P„nd Park Development Fund A. A special fund is established for the deposit of all sums paid in lieu of land dedication in accordance with this Section or any preceding regulations. The fund shall be known as the "QGMmi,nity Cr,rinhmor,f #P4 Park Development Fund." B. The City shall account for all sums paid in lieu of land dedication under this Section with reference to the individual plats involved. Any funds paid for such purposes shall be expended by the City within seven years from the date received by the City for acquisition or development of public parks. Such funds shall be considered to be spent on a first-in, first-out basis. If not so expended, the owners of the property on the last day of such period shall be entitled to a pro rata refund of such sum, computed on a square footage of area basis. The owners of such property shall request such refund in writing within 12 months of the last day of the seven-year period, or such refund right shall be terminated. SECTION 4. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3 "Public Open Space", Subsection 8.3.6 "Fee in Lieu of Land", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 8.3.6. Fee on Lieu, of ' -and- Park Development Fee A. The City may require a fee in lieu of land dedication to be known as the Park Development Fee. c,,,.h payment in lite-H, of land The Park Development Fee shall be made at or prior to the time of filing the final plat or prior to the issuance of a building permit where a plat is not required. (Ordinance 029727, 01/22/2013) B. The fee in lieu of land dedication requirement shall be met by a payment of$462.50 per dwelling unit. The Park Development Fee will be adjusted each January 1 , with the first adjustment January 1 , 2024, by the cumulative percentage increase in the Consumer Price Index -All Urban Consumers, U. S. City Average -All Items (1982- 84=100) as measured from the previous year. yAl io of fho 'And of fho tomo of r_nncfr,infinn cfort of thA ftQ FFoi i �,f I.�n•-I r'lAdorAtmA h�oorl ren th fnlln eiinrr fr�rmi it�• //\ v \/\ - �A yr ccrrcacTvrrpc�ac-a--vrrcrr M. a. A - The omni int of Iand Fe9 1irorl fnr rlorlinofinn oc rlotorminorl in G lbSeGtinn 2 2 5 b aTho fair morket valueper�oGTe) ef preperty t bsubdivided, d� est.;hlished by .ten appFeyed meth d r. R.4 - The n�hhor of dellorc t be noir) in lie ded��tcicn n�rvfura- Page 2 of 5 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx 7 Cnr n,,rnnSeS Gf Fnp tmRg the faimetyc ;;We_ef�p y variableV in the mph Q Z R R 1 abeyo dee pee may c r+ Ano of +ho few , crcv c�--rrra�a G�cc-vrr�vrcrr�. TGTtGPfRg� a. The fair mar.ket value at ,mo i Rd peel 1A—AP1 .-o t rrrr� ��ue�e� determined by a MAI roc rtifTPecd real estate appraiser o�deyeleperseXF n�er nh.The .ter+,ial n,,rrhase Priro of th�epeFt_i as YideRG d by the deyelepeF's m st dellaFs ($62,599.99) perc�TTo f.;i ,L�e+ vale le Gap May be .;nni i0llsi yea F 2 n 1�zFaget. T-kl Q f.;i t m.3 Fk o+ Y.A 11 1 o Gap m a g i be a i I i H steel--b aecc 9i--crtT aGtiVity. C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's GGmmiinity Cnrirhmon+ C„n'd Park Development Fund and shall be used within the applicable area development plan. In the Southside Area Development Plan, fees in lieu of land collected for subdivisions south of Saratoga Boulevard shall be used within areas south of Saratoga Boulevard, and fees in lieu of land collected for subdivisions north of Saratoga Boulevard shall be used within areas north of Saratoga Boulevard. In the Padre Island/Mustang Island Area Development Plan, fees in lieu of land collected for subdivisions on Mustang Island shall be used on Mustang Island, and fees in lieu of land collected for subdivisions on Padre Island shall be used on Padre fer the ar-39 ,ic" n G imr�rr��i on+ r9f n ,,n,+�i Rd1 er Island. ,��—�,�t+e en}�-G�rr a„�r al parks mest likely te serve the residents; ef the s6---bd0v0s;0Pn The park R;G&t likely t�eFye a l-li�iic�irn c,h.A11 O..A Ah e moa o k9r--a+o P1 Mt-:49 +h.An fivo miltQq U P:1 +ho as the 77 ,� `•, te_,aGr�ihi1i+si inr1i 1ding ofr.�e.�eways+ n hI�tFeamms ries Ci--VIK teT (Qr rtrce 0229-727,-i , 9 Tcz/`t4 4d ••`^J" D. (;9MM6nity Cnrirhmon+ C„n.-1 Park Development Funds,MAAmel.; shall be used eRly f9� parkland orrv„ici+inn anrd pork deyelepmon+ for the acquisition of land for a public park and/or development or construction of improvements for a public park including utility extensions required to serve recreational areas. SECTION 5. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3 "Public Open Space", Subsection 8.3.7 "Park Development Fee", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted� as delineated below: A-3.7. 12uri- Development Fee , shall be revieyVed by the City GG61Rril nnlY GRGe eVery twe years Rd may be revised Page 3 of 5 Q\Users\legistar\P.ppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx rnrr diaV ninon-+ ofr mQtt-tht-Q fnr a p blip nary tbGP-P.49 thi- ci ih`-liiioinn family, asRisted 1440A multifamily, ET o rp- niill q viz ciihili�iicinn ra j+on+ 1440+h PAP C�r� iGR ons vv-nracrv� �cnvrnvrr�.. cc-n-r-vvTcrr Tarrca -Re nA.�c+ar Dl.�n SECTION 6. UDC Article 8 "SUBDIVISION DESIGN AND IMPROVEMENTS", Section 8.3 "Public Open Space", Subsection 8.3.8 "Park Development Improvements", is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 8.3.8. Park Development Improvements A developer may propose to construct the public park improvements in lieu of the park development fees described in Subsection 8.3.6. er 8-3-7 Before the City can approve the developer's proposal, a recommendation is required from the Director of the Parks and Recreation Department. All improvements either shall be financially guaranteed or accepted by the City prior to the filing of a final plat in the case of platted developments or prior to issuance of certificates of occupancy in the event that plat approval is not required. The process of financial guarantee shall be the same as that found in Subsection 8.1 .10 and shall be used whether a plat approval is required or not. Once improvements are accepted by the City, the developer shall deed the property and improvements to the City. SECTION 7. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may 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 of this Ordinance be given full force and effect for its purpose. SECTION 8. 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 9. This Ordinance shall become effective upon publication. Page 4 of 5 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx That the foregoing Ordinance was read for the first time and passed to its second reading on this day, the day of 2022, by the following vote: Paulette 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 day, the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this day, the day of 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 5 of 5 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx icc Community Enrichment Fund Unified Development Code (UDC) Language: o The purpose of Public Open Space is to provide recreational areas in the form of public parks as a function of the subdivision of land for residential uses and site development in the City. o Open space via land dedication or fees is established in the UDC • In order to ensure that the land is planned for at the start of the development stage • Ensures the Parks Department is linked with the platting and plan review process o Currently, there are two methods the City uses to gain open space as a result of new development: • Land Dedication versus Fee in Lieu of Land (FILO) • Park Development Fee versus Park Development Improvements Land Dedication vs Fee in Lieu of Land (FILO) 8.3.5. Land Dedication. Whenever a final plat is filed of record within the City's jurisdiction for development of a residential subdivision,such plat shall contain a dedication of an area of land within the subdivision to the City for park purposes. o For subdivisions where all lots are for single-family housing types,the dedication requirement shall be determined by the ratio of 1 acre for each 100 proposed dwelling units. 8.3.6. Fee in Lieu of Land.The City may require a fee in lieu of land dedication. o The fee in lieu of land dedication requirement shall be met by a payment proportional to the amount of land required to be dedicated o The Assistant City Manager over Development Services shall determine the amount of the fee in lieu of land dedication based on the following formula: (A x V) = M. • A=The amount of land required for dedication • V=The fair market value(per acre)of the property to be subdivided,as established by an approved method. • M =The number of dollars to be paid in lieu of dedication of land. o The fair market value,variable V, may not exceed sixty-two thousand five hundred dollars($62,500.00) per acre. Open Space: o The purpose of Public Open Space is to provide recreational areas in the form of public parks as a function of the subdivision of land for residential uses and site development in the City. o Currently,there are two steps a developer must follow for the City uses to gain open space as a result of new development: • Dedicate Land for Parks Space or Pay a Fee in Lieu of Land (FILO) -AND- Pay a Park Development Fee or Make Park Development Improvements Plat 1 Dwelling Units(DU) Land Dedication(1 acre per 100 DU) 1 acre Fee in lieu of land(FILO) 1 x$62,500=$62,500 (Ax V)=M A=amount of land required for dedication V=fair market value(per acre)of property M=dollars to be paid in lieu of land Park Development Fee($200 x#of DU) $200 x 100=$20,000 Total $82,500 Challenges in the Current Process - Budet Line Items • Fees were assigned to budget line items for each contributing development; this led to at least 165 budget lines being created. • Budget line items naming convention is not standardized and does not allow for the quick identification of the contributing development. • Budget line items are no longer being created. Therefore, new funding is being assigned to legacy budget lines. • Parks and Recreation Department does not have a detailed process to prioritize and communicate CEF investments in the community. Challenges in the Current Process - Formula Based Fee Structure • Current ordinance requires developer to dedicate 1 acre per 100 dwelling units in accordance with a formula-based calculation. • In addition to the formula-based calculation, the current ordinance has required a separate park dedication fee. • This practice has led to flaws in the open space process and miscommunication between City staff and the development community. • Proposed - Simplify the FILO Five Mile Radius Requirement (Area Development Zones) DOWNTOWN PADRE AGF ISLAND NORTHWEST sj� MIDTOWN AIRPORT FLOUR SOUTHSIDE - - _ T 3 BLUFF LONDON' • Area Development Zones are almost in keeping with UDC five-mile requirement • Simplifies accounting process and allows for more transparency • Will reverse a problematic legacy process that has been in place for a decade • Use of the Area Development Zones will address overlaps and ensure that the park fees remain in the region of each development Proposed — Simplify the Community Enrichment Fees Staff and the development community negotiated a flat fee of$462.50 in order to maintain the Park and Recreation Department's current level of service. FILO=Fee in Lieu of PDF=Park Dev.Fee CURRENT: 100 Acre Development at 6 houses per Acre DU=Dwelling unit Acre price(Average) Roof tops(6 DU perAcre) FILO(#acres per 100 DUs) PDF(*per DU) FILO PDF CEF Total CEF=Community Enrichment Fee $ 25,000.00 6001 6 $ 200.00 1 $150,000.00 1 $120,000.00 1 $270,000.00 Proposed: 100 Acre Development at 6 houses per Acre Acre price(Average) Roof tops(6 DU per Acre) I FILO(#acres per 100 DUs) JPDF(*per DU) IFILO JPDF ICEF Total $ 25,000.00 1 600 N/A 1 $ 462.50 1 $ $ 277,500 1 $ 277,500 600 DU Example 1500 DU Example Current $ 270,000.00 Current $675,000.00 Proposed $ 277,500.00 Proposed $693,750.00 Difference $ 7,500.00 Difference $ 18,750.00 Proposed — Establish Methodology for CEF Expenditures 0)"r, • Establish an annual CEF Budget o Capital Budget o Improvements in Established Parkland o Parks and Recreation Master Plan o Emerging Priorities • Update financial policy to require the City Manager to present a proposed CEF budget during the annual Operating Budget and Capital Budget process o Staff Recommended o City Manager Reviewed o Public Town Halls for Input and Feedback o Council Adopted i i Proposed FY 2022 Community Enrichment Fund Budget Requests for Information ( RFI ) RFI #1 — Planning Commission • What percentage of developments dedicated land for park space over the last ten years? o Response: Less than 1%. Over the last 10 years, staff was only able to find four developments whose land was accepted for park space A k IL RFI #2 — Planning Commission • What percentage of the General Fund are other Texas cities dedicating to their Parks and Recreation Budget? Parks Budget as%of GF Houston 2.72% tz Dallas 6.45% Ft.Worth 6.70% to Corpus Christi 6.77% San Antonio 7.72% rlington 7.76% $ EI Paso 7.98% Austin 9.75% 6 .......... i a _ 2 0 ____j 1111191111111111111 .11 Houston Dallas Ft.Worth Corpus Christi San Antonio Arlingtor EI Paso RFI #3 — City Council • Are medians included in the City's record of park acreage? o Response: Yes. According to the 2012 Parks Recreation and Masterplan: Purpose of the Inventory The Corpus Christi Parks and Recreation Department is currently responsible for the operation and maintenance of 2178 parks and recreation facilities. These facilities include parks,medians,nature preserves,beaches and boat ramps. In total,the park system encompasses over 2,100 acres. Source: 2012 PRIMP,Page 32 of 151,cover.psd(cctexas.com) RFI #4 — City Council • How much revenue would be generated if the Park Development Fee was raised from $200 to $250 and the FILO left static? Fees collected w/ updated Park Development Fee (100 Dwelling Unit Example) HOU FT.W CC SA DAL LLP ARL AUS RFI #5 — City Council • How has residential development trended in the City over the last 10 years? N: 200) 2021 Resitlenbal Plat Lo�tlons 200)'2021 k stlenoal Pla[s Heatmap 4MIle RFI #6 — City Council • Can we split the larger Area Development Zones (i.e. Southside and Padre Island)? DOWNTOWN MUSTANG ISLAND NQRTHEAST MfDTOWN I MEMO F= SOUTHSIDE-A .S4UTHSJDE-_B _ FLOUR - BLUFF LONDON s mM.. RFI #7 — City Council • How much parkland (Federal, State, County, City) is there within the City Limits? Park Name Acreage County (Inland) Hazel Bazemore (1/2) 39 acres County (Inland) Barber Lane 5 acres County (Coastal) Padre Balli 374.5 acres County (Coastal) Packery Channel 58.1 acres State Mustang Island 3,954 acres Total: 4,430.6 acres City Park Acres: 2,100 acres Grand Total: 6,530.6 acres Recommendations • Amend UDC to rename the "Community Enrichment Fund"to the "Park Development Fund". • Amend the UDC to dissolve the five-mile radius requirement and restrict the use of Fee in Lieu of Land funding to the City Area Development Zone of the contributing residential development. • Change the FILO from a formula-based fee to a flat rate per dwelling unit. FY22 fee is recommended to be $462.50 per dwelling unit. • Dissolve Park Development Fees. • Adopt the proposed FY22 Community Enrichment Fund Budget. • Update budget finance policy to require the City Manager to present a proposed CEF budget with the Operating Budget and Capital Budget. Recommendations (Continued ) • Remove language allowing for a refund of fees if not spent within seven years. • Assistant City Manager of Park and Recreation shall determine the amount of the FILO. Actions Actions Taken • Assembled CEF Work Group (P&R, Innovation, DSD, Finance, Legal, Budget) • Reviewed UDC and Assessed Current CEF Policy • Conducted Comparative Analysis of Other Texas Cities • Identified Challenges with Current Policy and Developed Recommendations to Repair System and Align Corpus Christi w/ Comparable Cities • Received Feedback from Parks and Recreation Advisory Committee and the Coastal Bend Home Builders'Association Actions Forward • Newspaper Publication for Council Public Hearing March 7,2022 • Planning Commission Public Hearing March 9,2022 • Public Hearing(City Council) March 22, 2022 icc Questions? so �o o� A v AGENDA MEMORANDUM WoRPORPg4 Public Hearing/1 sc Reading for the City Council Meeting of March 8, 2022 1852 Public Hearing/2nd Reading for the City Council Meeting of March 22, 2022 DATE: February 23, 2022 TO: Peter Zanoni, City Manager THRU: Andrea Gardner, Assistant City Manager and reaga(a)cctexas.com (361) 826-3506 FROM: Tracey K. Cantu, Interim Director Neighborhood Services Department traceyc(a)cctexas.com (361) 826-3021 Public Hearing and Ordinance for the Acceptance and Appropriation of$4,213,937 from the U.S. Department of Housing and Urban Development for Implementation of the HOME Investment Partnerships Program —American Rescue Plan to Serve Persons who are Homeless, At-risk of Homelessness, and other Special Populations CAPTION: Ordinance authorizing acceptance and appropriation $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program — American Rescue Plan; and amending the operating budget for FY 2021-2022 to increase expenditures from the HOME Grants Fund. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) has awarded the City of Corpus Christi $4,213,937.00 of HOME Investment Partnerships Program (HOME) funds from the American Rescue Plan Act of 2021 (ARP). The use of funds requires a HUD approved HOME- ARP Allocation Plan. To access a portion of the administrative funds for development of the allocation plan, public notice, public hearings, and acceptance and appropriation of the funds are required. BACKGROUND AND FINDINGS: The American Rescue Plan Act of 2021 appropriated $5 billion to be allocated by formula to communities that qualify for the HOME entitlement allocations. The City of Corpus Christi is a HOME participating jurisdiction and its HOME-ARP allocation is $4,213,937.00. This is one-time funding and is in addition to the annual entitlement allocation the City receives from HUD. The HOME-ARP funds expenditure deadline is September 2030. The City has received the award notice from HUD but HOME-ARP funds will be disbursed to the City on a reimbursement basis. HUD will release up to five percent of the total allocation, on a reimbursement basis, for planning and needs assessment activities. The City is required to submit a HOME-ARP Allocation Plan to HUD for program implementation before the full allocation can be accessed. The requirements for the HOME-ARP Allocation Plan are extensive and heavily focus on consultations with service providers and public participation. Also, the plan is required to have a needs assessment and gaps analysis. The plan will identify how funds will be allocated to projects based on the priorities identified through the planning process. City Council's approval of the HOME-ARP Allocation Plan as a substantial amendment to the HUD FY 2021 Consolidated Annual Action Plan will be necessary. With the regular annual entitlement, approval by City Council of the Consolidated Annual Action Plan with project awards to entities and acceptance of the funds happens at one time coinciding with the due date of the Consolidated Annual Action Plan in the fall. With these one-time funds, the process is different. HUD continues to roll out guidance regarding the planning process and use of funds and the approval of funds, planning, and award of funds will happen separately and at different times. HOME-ARP funds are required to benefit individuals or families who are homeless, at-risk of homelessness, fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability, and veterans and families that include a veteran family member that meet one of the preceding criteria. HOME-ARP funds can be used for four eligible activities including the production or preservation of affordable housing, tenant-based rental assistance, supportive services, and the purchase or development of non-congregate shelter for individuals and families experiencing homelessness. Neighborhood Services, with guidance from HUD, is designing a consultation and public participation plan that will meet the requirements. Public participation, at a minimum, will include multiple input sessions, online surveys, public hearings, and acceptance of written comments. ALTERNATIVES: City Council can choose to not accept the funding, delay accepting the funding or postpone accepting the funding. FISCAL IMPACT: The City will receive $4,213,937.00 in federal funds to implement the HOME-ARP program. Funding Detail Fund 9045 HOME Grants Organization/Activity: 480022F HOME ARP Mission Element: 132 Revitalize and Stabilize Neighborhoods Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff recommends accepting and appropriating the funds so that planning activities can begin. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance authorizing acceptance and appropriating $4,213,937.00 from the U.S. Department of Housing and Urban Development for implementation of the HOME Investment Partnership Program —American Rescue Plan; amending the operating budget for FY2021-2022 to increase expenditures from the HOME Grants fund. Whereas, the U.S. Department of Housing and Urban Development ("HUD") has allocated $4,213,937.00 to the City of Corpus Christi ("City")from the American Rescue Plan Act of 2021 for the HOME Investment Partnership Program to be expended by September 2030; Whereas, the HOME Investment Partnership Program —American Rescue Plan ("HOME-ARP") funding will be used by the City to assist persons in the city who are homeless, at-risk of homelessness, fleeing domestic abuse, sexual assault, human trafficking or other persons in need as further outlined in the HOME-ARP guidelines; Whereas, the City must conduct a needs assessment in the community with public meetings and public participation in order to prepare a HOME-ARP Allocation Plan to be submitted to HUD which is a prerequisite to accessing any of the HOME- ARP funding; Whereas, HUD has released five percent of the HOME-ARP allocation to the City to prepare the HOME-ARP Allocation Plan; Whereas, the City Council will be required to approve the HOME-ARP Allocation Plan as part of substantial amendment to the HUD FY2021 Consolidated Annual Action Plan before the plan can be submitted to HUD. Whereas, with proper notice to the public, a public hearing was held on March 8, 2022 and March 22, 2022 to receive citizen input for the City's planning and needs assessment for the HOME Investment Partnership Program-American Rescue Plan Homeless funding from HUD. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. Section 2. Funds in the amount of $4,213,937.00 are appropriated from the U.S. Department of Housing and Urban Development for costs related to the HOME Investment Partnerships —American Rescue Plan program. Section 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase expenditures by $4,213,937.00. Section 4: The City Manager or his designee is authorized to execute all documents necessary for acceptance and appropriation of the HOME Investment Partnerships — American Rescue Plan program. The foregoing ordinance was read for the first time and passed to its second reading on thisthe 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 u AWA CORPUS CHRISTI NEIGHBORHOOD SERVICES HOME Investment Partnerships Program American Rescue Plan Allocation City Council March 8, 2022 I HOME-ARP Award • From the American Rescue Plan Act of 2021 (ARP), the U.S. Department of Housing and Urban Development (HUD) awarded $4,213,937 to the City • Funds have been awarded through the HOME Investment Partnerships Program (HOME) • This is a one-time funding allocation • Funds are in addition to the City's regular annual allocation of HOME funds • Like the annual HOME allocation, this is a reimbursement program • HUD will release up to five percent of the funding for planning and administrative purposes on a reimbursement basis • Funds must be expended by September 2030 HOME-ARP Uses a M • Funds are required to decrease homelessness and increase housing stability • There are four eligible activities: • Development and support of affordable housing • Tenant-based rental assistance (TBRA) • Supportive services • Acquisition and development of non-congregate shelter • Uses of the funds must agree with the needs identified through the required planning process I HOME-ARP Beneficiaries • HOME-ARP funds must be used to benefit the following qualifying populations: • Persons who are homeless • Persons at risk of homelessness • Those fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking • Other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability HOME-ARP Process fl, anus caaisn • Award made from HUD • HUD providing rules, regulations and implementation guidance • Acceptance of the funds by the City • Development of the HOME-ARP Allocation Plan • Submission of the plan to HUD for approval • Allocation of funds to project for implementation HOME-ARP Planning • City can access up to five percent of the total award for planning and administrative activities to develop the HOME-ARP Allocation Plan • Development of HOME-ARP Allocation Plan includes extensive public participation, a needs assessment and a gaps analysis • There are required consultations with specific groups such as: • Groups that provide services to the required beneficiaries • Housing Authority • Groups that address civil rights • Groups that address the needs of persons with disabilities �W�) HOME-ARP Public Participation fil anus cxsisn • City's public participation process will include: • Required consultations • Required public hearings • Public input sessions • Online survey(s) • Acceptance of written comments SC 00 o`� A. AGENDA MEMORANDUM NCORPOR I First Reading Ordinance for the City Council Meeting March 22, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 29, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Jeff Edmonds, P.E., Director of Engineering Services JeffECa)-cctexas.com (361) 826-3851 Ordinance Authorizing Sale of Two City Owned Tracts of Land to Corpus Christi Independent School District CAPTION: Ordinance authorizing a real estate sales contract to sell 0.89 acres located along the Kostoryz/Carroll Drainage Channel to the Corpus Christi Independent School District (C.C.I.S.D.) in an amount of$50,000.00, located in Council District 3, with FY 2022 funds to be deposited into the Streets Fund. SUMMARY: This ordinance authorizes a sales contract between the City and C.C.I.S.D. for the sales of tracts of land to be included on the district's new Mary Carroll High School campus. BACKGROUND AND FINDINGS: The City owns two tracts of land that C.C.I.S.D. needs to include in the plat for construction of the new campus. Tract 1 is 0.8449 acres and Tract 2 is 0.0391 acres for a total of approximately 0.89 acres. A title commitment provided by San Jacinto Title Services determined the City is the fee simple vested owner. The tracts are part of a 20.4-acre tract that is used as a drainage channel and is operated and maintained by the City (Public Works - Stormwater). The tracts are beyond the backslopes of the channel and would not affect current drainage requirements in the area. There are no known future City needs or plans for the tracts. A Memorandum of Understanding (MOU) was entered into by the City (Development Services Department) and C.C.I.S.D. on August 11, 2020 to avoid construction delays and to allow C.C.I.S.D. to proceed with a plat application that includes the land owned by the City. The MOU, which is not contractual or binding, allows both parties to negotiate, proceed with construction and platting application processes, and for the item to be presented to City Council for consideration. An appraisal prepared for C.C.I.S.D. on property adjacent to the City's two tracts was used to determine the fair market value of approximately $50,000 per acre. Upon favorable consideration and execution of the Contract, this transaction will be closed through San Jacinto Title Services on or before 90 days from the effective date of this Contract. The new campus is currently at about 75% construction completion with anticipated opening of the campus for the new school year in Fall 2022. The sale of the land is necessary to complete the replat process and obtain the certificate of occupancy so that the school may open as planned by C.C.I.S.D. ALTERNATIVES: The alternative is to disapprove of the ordinance which would impact CCISD's ability to obtain a certificate of occupancy which is essential to the school opening. FISCAL IMPACT: The fiscal impact in FY 2022 is an amount of$50,000.00 to be deposited to the Streets Fund. These funds will be used for costs associated with traffic mitigation on Kostoryz Road. FUNDING DETAIL: Fund: Streets Fund (1041) Org: 12300 Mission Elem: Street Pavement Maintenance (051) Project: Sale of City Land to Corpus Christi Independent School District (Project No. N/A) Account: Contribution to Aid Construction (343710) Activity: N/A Amount: $50,000.00 RECOMMENDATION: City staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Ordinance Real Estate Sales Contract Title Commitment Appraisal Ordinance authorizing a Real Estate Sales Contract to sell 0.89 acres located along the Kostoryz/Carroll Drainage Channel to the Corpus Christi Independent School District (C.C.I.S.D.) in an amount of $50,000.00, located in Council District 3, with FY 2022 funds to be deposited into the Streets Fund. WHEREAS, per § 272.001(b)(5) of the Texas Local Government Code, the fair market value of the land has been determined by an appraisal, and the City is not selling for less than the fair market value. WHEREAS, the $50,000 will be deposited into the Streets Fund to fund traffic mitigation on Kostoryz Road related to the new Mary Carroll High School. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a Real Estate Sales Contract to sell a 0.8449 acre tract of land and a 0.0391 tract of land (a total of 0.89 acres of land) located along the Kostoryz/Carroll Drainage Channel near the intersection of Saratoga Boulevard and Kostoryz Road to Corpus Christi Independent School District for $50,000. SECTION 2. That the City Manager or designee is authorized to execute the deed and other related documents necessary to complete the sale and convey the property. 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 /_ MAP KEY Project Location CCISD OWNED CC OWNED ` DRAINAGE CHANNEL Location Map�-� - - W J W a MASTERSON Q w , A;l TRACT 1 o �� CCISD o .�► Y TRACT 2 CCISD CCISD CCISDM� r SARATOGA BOULEVARD CITY OF CITY COUNCIL EXHIBIT CORPUS CHRISTI CITY OF CORPUS CHRISTI,TEXAS TRACTS DEPARTMENT OF ENGINEERING SERVICES Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by City of Corpus Christi, a Texas home-rule municipality, with address of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 ("Seller") and Corpus Christi Independent School District, a political subdivision of the state, with address of 801 Leopard Street, Corpus Christi, Texas 78401 ("Buyer"). 1. Property. Seller for the consideration and under the terms set out herein, agrees to convey to Buyer a 0.89 acre tract of land, more specifically described in Attachment 1. 2. Purchase Price. $50,000.00 cash at Closing. 3. Title Insurance. The Seller will provide, at Buyer's expense, a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. The title commitment for title insurance must be delivered to Buyer within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. 4. Special Warranty Deed and Closing Costs. After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. Buyer will pay all closing costs except costs to cure title,which must be paid by Seller. 5. Property Taxes. The City of Corpus Christi as owner of this property is exempt from local property taxes. Any taxes due from the closing date to the end of the closing year and thereafter, is the responsibility of the Buyer. 6. Earnest Money. Buyer deposits $500.00 as Earnest Money, which will be applied to the balance of the purchase price owing at Closing; Buyer will pay the balance of the purchase price owing at Closing. When title company possesses the executed deed, any other necessary paperwork,and the balance of the cash payment,the Title Company will close and finalize the conveyance in accordance with its customary procedure. If Buyer fails to Close on this Contract as set out herein for any reason other than title defects, Seller is entitled to all the Earnest Money as liquidated damages for breach of this Contract. Seller may seek to enforce this Contract by an action for specific performance. If Seller fails to tender an executed deed conveying the Property in accordance with the terms of this Contract, Buyer may seek to enforce this Contract by an action for specific performance. 1 7. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions,if any,and all applicable local zoning regulatory ordinances, if any. 8. Time for Performance. This transaction will be closed through the Title Company on or before 90 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed at Closing. Buyer's execution of this Contract means that Buyer has read and understands that this Contract is not binding on Seller until approved and accepted by the City of Corpus Christi City Council and executed by the City Manager of the City of Corpus Christi,Texas,or designee. Seller must execute this Contract within 60 days from the date of Buyer's execution of this Contract or this Contract is null and void. 9. Survives Closing. This Contract survives Closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 10. Feasibility Period. A 60 day feasibility period is allowed under this contract and begins on the effective date of this Contract. Buyer may terminate this contract for any reason within and before 60 days by providing Seller written notice of termination. If Buyer terminates the contract while in the feasibility period, 50% of the Earnest Money will be refunded to Buyer. If Seller has not received Buyer's Notice of Termination of Contract within or on the 60th day from effective date of this Contract,then Buyer forfeits 100%of the Earnest Money. During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. Seller is not responsible to turn on any utilities for Buyer to make inspections, studies, or assessments. 11. Property Condition. A. Buyer acknowledges and agrees that Buyer is purchasing the property "AS-IS" "WHERE-IS" and "WITH ALL FAULTS" without any warranties, representations or guarantees, either expressed or implied,of any kind, nature or type whatsoever from or on behalf of seller. Without limiting the generality of the foregoing, Buyer acknowledges and agrees that Seller hereby expressly disclaims any and all implied warranties concerning the condition of the property and any portions thereof, including but not limited to environmental conditions, presence or absence of hazardous materials and implied warranties of habitability, merchantability or fitness for a particular purpose. B. Buyer acknowledges and agrees that BUYER HAS NOT RELIED,AND WILL NOT RELY, upon any representations or warranties (oral or written) made by, or purportedly made on behalf of, Seller unless such 2 representations and warranties are expressly set forth in this Contract. C. Except as otherwise specifically provided in this Contract, Buyer agrees that no representation by or on behalf of Seller have been made to Buyer as to the condition of the Property, any restrictions related to the condition of the Property, any restrictions related to the development of the Property, the applicability of or compliance with any governmental requirements, including but not limited to environmental laws or the suitability of the Property for any purpose whatsoever. D. Buyer releases Seller from any claims it may have against the Seller now or in the future under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A §§ 9601 et seq. as amended; the Resource Conservation and Recover Act, 42 U.S.C.A. §§ 6901 et seq. as amended; the Texas Solid Waste Disposal Act, Tex. Health & Safety Code §§ 361.001 et seq. as amended; any other analogous state or federal statute; and common law arising from the environmental conditions of the Property or the presence of hazardous substances, solid wastes, or any other pollutants or contaminants on the Property. 12. Broker's Commission. Seller and Buyer have not commissioned a Broker to represent their interests and neither are responsible for any brokerage or real estate commissions in connection with this Contract. Any costs associated with services to either parry is the responsibility of the party that contracted the services. 13. Possession. At the Closing,the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. 14. Mineral Reservation. The sale of the Property is without minerals. Seller reserves unto itself all of its right,title and interest in and to the oil,gas and other minerals in,on, or under the Property. 15. Essential. Time is of the essence in closing this transaction. 16. Effective Date. The effective date of this Real Estate Sales Contract is the date in which the Contract is signed by the Seller. 17. Venue. This Contract will be construed in accordance with the laws of the State of Texas, and all obligations of the parties created under the Contract are performable in Nueces County, Texas. 18. This Contract constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject 3 matter of this Contract. 17. Counterparts: Multiple original copies of this contract may be executed,and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement,binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of(i) the body of this contract and (ii) counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. When the context requires, singular nouns and pronouns include the plural. Seller City of Corpus Christi Jeff H. Edmonds, P.E., Director of Engineering Services THE 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 in and for the State of Texas APPROVED AS TO LEGAL FORM THIS DAY OF , 2022. Assistant City Attorney City Legal Department 4 Buyer Corpus Christi Independent School District Dr. Roland Hernandez, Superintendent THE STATE OF Texas § COUNTY OF Nueces § This instrument was acknowledged before me on 2022,by Dr. Roland Hernandez as Superintendent of Corpus Christi Independent School District, a political subdivision of the state, on behalf of said entity. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM THIS DAY OF , 2022. Brian S. Nelson General Counsel Office of Legal Services, Corpus Christi ISD 5 -14 Attachment 1 URBAN E N G I N E E R I N G Job No. 43288.00.03 September 16,2021 Exhibit A 0.8449 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.8449 Acre Tract of Land, out of Lot 6, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, being a portion of a 2.87 Acre Tract, as described in a Warranty Deed from Milton J. Vavricek and wife, Betty Vavricek to the City of Corpus Christi, recorded in File No. 780876, Volume 1309, Pages 315 of the Deed Records of Nueces County, Texas; said 0.8449 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX" Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61°52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for a corner of the proposed Lot IR, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 63°30'51", radius of 74.00 Feet, an arc length of 82.03 Feet, and a chord which bears South 86°22'27"West, 77.90 Feet; Thence, over and across the said 0.29 Acre Tract, with the said proposed Lot IR and the said circular curve to the Left, 82.03 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas; Thence, North 54°37'01" East, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 121.75 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX" Set, on the Southwest boundary line of the said 2.87 Acre Tract, being the East corner of the said 0.29 Acre Tract, a Northwest corner of the said 15.325 Acre Tract, for the Point of Beginning and West corner of this Tract; Thence, North 54°37'01" East, over and across the said 2.87 Acre Tract, 432.47 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 2.87 Acre Tract, for the Northernmost corner of the said 15.325 Acre Tract, for the North corner of S:\Surveying\43288\C003\OFFICE\METES AND BOUNDS\FN43288C003_0.8449 Ac.Docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 9 TBPLS Firm# 10032400 this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the North corner of the said 15.325 Acre Tract, bears, North 54°37'01" East, 130.64 Feet; Thence, South 28°32'01" West, with the common boundary line of the said 2.87 Acre Tract and the said 15.325 Acre Tract, 387.12 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX" Set,being an inner ell corner of the said 15.325 Acre Tract, for the South corner of the said 2.87 Acre Tract and this Tract; Thence, North 61°51'26" West, with the said common boundary line, 190.15 Feet to the Point of Beginning, containing 0.8449 Acres (36,805 SgFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING �.. OF rF BRIAN DAVID LORENT50N ..................... out ;A��;c6839 P� ' Brian D. Lorentson, R.P.L.S. �yy E551fl��p� suR�� License No. 6839 S:\Surveying\43288\C003\OFFICE\METES AND BOUNDS\FN43288C003_0.8449 Ac.Docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 9 TBPLS Firm# 10032400 pol� I/ ak '. 0(`i o, & "6 a Go q ak cey :t.�pl d, .byUAy , Ilk--41 COUNTY OF NUEC ES CITY OF CORPUS CHRISTI LOCATION MAP N.T.S. b 4-6 k- 1"V C"�7 0 0- 0-19%7 as, 101 A? (o*1q. r C.41)e'. q" Legendn (,woe,, Po- 1b, Cr as h Z` 0< 17 • / -I...Rod F...d Point of 0?80. '0 4��" -Ivo /8 -iron Rod tIth, ,d U Conarn--t C., 'gl', 0.8449 Acres ry 11 36,805 SaFt, pl-ti,-p stain Ped"UPBAN UE 489 ps Ch "a ENCR CC7X F...d C07 8 Inch I...Rod with.red P-tot 1-1i,cap stamped"URBAN 13,g nrung 6,, ENGR CC7X 5�t. roop Ra Po/ co,' 69 /Y. Y. C1 C as 7 r .', Sc6 I -'J3 a '-/7; Exhibit B C '�''ocl 0.0391 Acres '�s-011, L ��!re 15.3;I'A Tract out of Same Date) Lays 5 & >1 Sketch to Accom Section 9 391hernion Colony'-1,ands C V.I. A Pg. 48" . `119 1019 Map FIELDNOTES for a 0.8449 Acre Tract, out of Lot 6. R ds of Nueces County,-T xas Section 9, Bohemian Colony Lands, a map of which is (0_ (0-nerp CIrpu Christi Independent School (Ict) recorded in Volume A. Page 40 of the Map Records of 7( 1-No.: 2019045155,O-P.R.N.C.T.) Nueces County. Texas, and being a portion of a 2.87 Acre Tract, as described in a Warranty Deed from Milton J. Vavricek and wife, Betty Vavricek to the City of Corpus Christi, as recorded in File No. 780876, Volume 1309, Pages 315 of the Deed Records of Nueces County, Texas. General Notes. DATE: Sep 16, 2021 1.) Grid Bearings and Distances shown hereon URBAN SCALE: 1"=100' Curve Table: are referenced to the Texas Coordinate JOB NO.: 43288. . 3 System of 1983, Texas South Zone 4 20 5. ENGINEERING SHEET: 1 OF 1 CURVE DELTA ANGLE RADIUSARC LENGTH CHORD BEARING CHORD LENGTH D, --1- 270=Y1 MPSS Li and are based on the North American Datum DRAWN BY. BDL 63'30 51 �74,00 82 03 �S 86'22 27 W 77 90 of 1983(2011)Epoch 2010.00. urbonsurveylOurban-ng.com 02021 by Urban Engineering il -14 URBAN E N G I N E E R I N G Job No. 43288.00.03 September 16,2021 Exhibit A 0.0391 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 0.0391 Acre Tract of Land, out of Lot 5, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas, being a portion of a 0.29 Acre Tract,as described in a Warranty Deed from Joseph W.Brandesky and wife Julia Brandesky to the City of Corpus Christi, recorded in File No. 723448, Volume 1180, Pages 537-540 of the Deed Records of Nueces County, Texas; said 0.0391 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX"Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61°52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the corner of the proposed Lot IR, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 07°22'39", a radius of 74.00 Feet, an arc length of 9.53 Feet, and a chord which bears South 65°33'27"East, 9.52 Feet; Thence,with the said circular curve to the Left, 9.53 Feet,to the Northwest boundary line of the said 0.29 Acre Tract, for the Point of Beginning, and the North corner of this Tract, and for the beginning of a compound curve to the Left, having a delta of 56°08'11", a radius of 74.00 Feet, an arc length of 72.50 Feet, and a chord which bears North 82°41'07" East, 69.64 Feet; Thence, with said compound curve to the Left, over and across the said 0.29 Acre Tract, 72.50 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped"URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas, for the East corner of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the Northernmost corner of the said 15.325 Acre Tract bears, North 54°37'01"East, 684.90 Feet; Thence, South 54°37'01" West, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 128.80 Feet, to a 5/8 Inch Iron Rod Found, on the Southeast boundary line of the said Lot 1, being a West corner of the said 15.325 Acre Tract, for the South corner of the said 0.29 Acre Tract S:\Surveying\43288\C003\OFFICE\METES AND BOUNDS\FN43288C003_0.0391 Ac.Docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 9 TBPLS Firm# 10032400 and this Tract,from Whence, a 5/8 Inch Iron Rod with a red plastic cap stamped"URBAN ENGR CCTX" Found, on the Northeast Right-of-Way line of Saratoga Boulevard, a 120 Foot wide public roadway, for the South corner of the said Lot 1, bears South 28°40'28"West, 1030.48 Feet; Thence, North 28°40'28" East, with the common boundary line of the said Lot 1 and the said 0.29 Acre Tract, 74.90 Feet to the Point of Beginning, containing 0.0391 Acres (1,701 SgFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING OF TF BRIAN DAVID LORENT50N + o,� 6839 �ti•. ss� .•yo Brian D. Lorentson, R.P.L.S. su¢�� License No. 6839 S:\Surveying\43288\C003\OFFICE\METES AND BOUNDS\FN43288C003_0.0391 Ac.Docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm# 145 9 TBPLS Firm# 10032400 Crestrnm o;e'hoA � g O��eO oOw^eae o� �"CC, y7� I 4R a9s°A s9 q� � s3�ma�r� M Commencement s\ 'RN sr� oy / �A� E � I COUNTY OF NUECES Point of � CITY OF CORPUS CHRISTI LOCATION MAP N.T. a;.. Lot 1, Block 1 /BeQinninQ �\ Mary Carroll High School Tract 41�°> 0.2 Vol. 69, Pgs. 333-334 Map Records of Nueces County, Texas 15.325 Acre Tract out of •5/8 torn iron Rod Fond (Owner: Corpus Christi Independent O O ,� Lots 5 & 6, Section 9 School District) �p 1� Bohemian Colony Lands UE•5/8 —iron Rod Mtn,red (Doc No.: 201 9039 28 7 O.P.R.N.C.T.) 6 A� �� Vol. A, Pg. 48 piornr rap stamped"ulzeAN 5 1ry0' Map Records of Nueces County, Texas ENCR CCTx"ro.nd (Owner: Corpus Christi Independent School District) O 5/8 inch iron Rod with a red 0.0391 Acres (Doc. No.: 2019045155,O.P.R.N.C.T.) `� p-11,cap tamped"URBAN of 1.701 SgFt. NCR ceTx"set o.. o� Exhibit B o , �10 krsor90 9 w\ UE � ,� Sketch to Accompany or✓ e9 a'aA°Rp°°ssC7�V0A, FlELDNOTES for a 0.0391 Acre Tract, out of Lot 5, °a9 d Section 9, Bohemian Colony Lands, a map of which is ° `� `�� recorded in Volume A, Page 48 of the Map Records of ",j Nueces County, Texas, and being a portion of a 0.29 Acre Tract, as described in a Warranty Deed from Joseph W. Brandesky and wife Julia Brandesky to the City of Corpus Christi, recorded in File No. 723448, Volume 1180, Pages 537-540 of the Deed Records of Nueces County, Texas. Curve Table, DATE: Sep 16, 2021 Drill B Notes: URBAN SCALE: 1 —60' CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH 1.) Grid Bearings and Distances shown hereon ,JOB NO.: 43288.00.03 C1 7°22'39" 74.00' 9.53' S 65°33'27" E 9.52' are referenced to the Texas Coordinate ENGINEERING SHEET: 1 OF 1 C2 56°08'11" 74.00' 72.50' N 82°41'07" E 69.64' System of 1983, Texas South Zane 4205, and are based on the North American Datum DRAWN BY: BDL of 1983(2011)Epoch 2010.00. urbonsurveylOurboneng.com 02021 by Urban Engineering THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company BY PO 4 &O'l `ttlE iNs I < G — President SEAL ATTEST Secretary Authorized Signatory Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 CONDITIONS AND STIPULATIONS 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Conditions and Stipulations nlll COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: January 18, 2022 GF No.: 220243337 Commitment No. 220243337, issued January 27, 2022, 08:00 AM 1. The policy or policies to be issued are: a. OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount: TBD PROPOSED INSURED: City of Corpus Christi b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1 R) Policy Amount: PROPOSED INSURED: c. LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e. LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f. OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule A SCHEDULE A (Continued) 3. Record title to the land on the Effective Date appears to be vested in: City of Corpus Christi TITLE VIA: Warranty Deed dated December 28, 1968, executed by Milton J. Vavricek and wife, Betty Vavricek to the City of Corpus Christi, recorded under Clerk's File No. 780876, Volume 1309, Page 315, Deed Records of Nueces County, Texas. (TRACT 1) Warranty Deed dated October 11, 1966, executed by Joseph W. Brandesky and wife, Julia Brandesky to the City of Corpus Christi, recorded under Clerk's File No. 723448, Volume 1180, Page 537, Deed Records of Nueces County, Texas. (TRACT 11) Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule A SCHEDULE A (Continued) 4. Legal description of land: TRACT I: Field notes, for a 0.8449 Acre Tract of Land, out of Lot 6, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, being a portion of a 2.87 Acre Tract, as described in a Warranty Deed from Milton J. Vavricek and wife, Betty Vavricek to the City of Corpus Christi, recorded in File No. 780876, Volume 1309, Pages 315 of the Deed Records of Nueces County, Texas; said 0.8449 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTV Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61'52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, for a corner of the proposed Lot 1 R, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 63°30'51", radius of 74.00 Feet, an arc length of 82.03 Feet, and a chord which bears South 86°22'27"West, 77.90 Feet; Thence, over and across the said 0.29 Acre Tract, with the said proposed Lot 1 R and the said circular curve to the Left, 82.03 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas; Thence, North 54°37'01" East, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 121.75 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, on the Southwest boundary line of the said 2.87 Acre Tract, being the East comer of the said 0.29 Acre Tract, a Northwest corner of the said 15.325 Acre Tract, for the Point of Beginning and West corner of this Tract; Thence, North 54°37'OTI East, over and across the said 2.87 Acre Tract, 432.47 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, on the Southeast boundary line of the said 2.87 Acre Tract, for the Northernmost corner of the said 15.325 Acre Tract, for the North corner of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the North corner of the said 15.325 Acre Tract, bears, North 54°37'01" East, 130.64 Feet; Thence, South 28°32'01"West, with the common boundary line of the said 2.87 Acre Tract and the said 15.325 Acre Tract, 387.12 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, being an inner ell corner of the said 15.325 Acre Tract, for the South corner of the said 2.87 Acre Tract and this Tract; Thence, North 61'51'26"West, with the said common boundary line, 190.15 Feet to the Point of Beginning, containing 0.8449 Acres (36,805 SgFt) of Land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule A SCHEDULE A (Continued) TRACT 11: Fieldnotes, for a 0.0391 Acre Tract of Land, out of Lot 5, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas, being a portion of a 0.29 Acre Tract, as described in a Warranty Deed from Joseph W. Brandesky and wife Julia Brandesky to the City of Corpus Christi, recorded in File No. 723448, Volume 1180, Pages 537-540 of the Deed Records of Nueces County, Texas; said 0.0391 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTV Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61'52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, for the corner of the proposed Lot 1 R, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 07°22'39", a radius of 74.00 Feet, an arc length of 9.53 Feet, and a chord which bears South 65°33'27" East, 9.52 Feet; Thence, with the said circular curve to the Left, 9.53 Feet, to the Northwest boundary line of the said 0.29 Acre Tract, for the Point of Beginning, and the North corner of this Tract, and for the beginning of a compound curve to the Left, having a delta of 56°08'11", a radius of 74.00 Feet, an arc length of 72.50 Feet, and a chord which bears North 82°41'07" East, 69.64 Feet; Thence, with said compound curve to the Left, over and across the said 0.29 Acre Tract, 72.50 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TV Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas, for the East comer of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the Northernmost comer of the said 15.325 Acre Tract bears, North 54°37'01" East, 684.90 Feet; Thence, South 54°37'01"West, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 128.80 Feet, to a 5/8 Inch Iron Rod Found, on the Southeast boundary line of the said Lot 1, being a West corner of the said 15.325 Acre Tract, for the South corner of the said 0.29 Acre Tract and this Tract, from Whence, a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTV Found, on the Northeast Right-of-Way line of Saratoga Boulevard, a 120 Foot wide public roadway, for the South corner of the said Lot 1, bears South 28°40'28"West, 1030.48 Feet; Thence, North 28°40'28" East, with the common boundary line of the said Lot 1 and the said 0.29 Acre Tract, 74.90 Feet to the Point of Beginning, containing 0.0391 Acres (1,701 SgFt) of Land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule A SCHEDULE A (Continued) San Jacinto Title Services of Texas, LLC Fidelity National Title Insurance Company BY I P kmv .. _.$.`YPresident SEAL g �D ATTEST v F Secretary Authorized Signatory Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule A SCHEDULE B Commitment No.: 220243337 GF No.: 220243337 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1. The following restrictive covenants of record itemized below: This exception is hereby deleted in its entirety. (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3. Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or C. to filled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5. Standby fees, taxes and assessments by any taxing authority for the year 2022, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of"for the year 2021, and subsequent years.") 6. The terms and conditions of the documents creating your interest in the land. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE B (Continued) 7. Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy(T-2) only.) 9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10. The following matters and all terms of the documents creating or offering evidence of the matters: a. Right of parties in possession. (Owner's Policy Only) b. Rights of tenants in possession under any and all outstanding lease agreement recorded or unrecorded. (May be deleted with appropriate Affidavit) C. Easements, setbacks, and reservations, as shown by the map or plat thereof, recorded in Volume A, Page 48, Map Records of Nueces County, Texas. d. Right of Way Easement dated June 6, 1939, executed by J.W. Brandesky and Mrs. J.W. Brandesky to Nueces Electric Coop, Inc., recorded under Clerk's File No. 165872, Volume 271, Page 254, Deed Records of Nueces County, Texas. e. Right of Way Easement dated May 5, 1941, executed by Joe W. Brandesky and wife, Julia Brandesky to Nueces County, recorded under Clerk's File No. 166517, Volume 271, Page 453, Deed Records of Nueces County, Texas. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE B (Continued) f. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated July 16, 1936, from J.W. Brandesky and wife, Julia Brandesky to Renwar Oil Corporation, recorded under Clerk's File No. 104383, Volume 31, Page 83, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). g. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated December 10, 1940, from Joe Vavricek and wife, Mary Vavricek to L. L. Garrison, recorded under Clerk's File No. 160372, Volume 62, Page 34, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). h. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated October 29, 1952, from Joe William Brandesky and wife, Julia Brandesky to E.E. Earland, recorded under Clerk's File No. 361753, Volume 128, Page 249, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). i. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated December 14, 1960 from Joseph W. Brandesky and wife, Julia Brandesky to C.H. Horton, recorded in Volume 181, Page 492 of the Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). j. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated December 16, 1960, from Henrietta Loudat, et al to C.H. Horton, recorded under Clerk's File No. 576650, Volume 181, Page 353, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE B (Continued) k. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated October 5, 1965 from Joseph W. Brandesky and wife, Julia Brandesky to John F, Peer, recorded in Volume 219, Page 424 of the Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). I. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated October 19, 1965, from Frances Snyder and husband, Paul Snyder to Woody Crawford, recorded under Clerk's File No. 698469, Volume 224, Page 261, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). M. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated May 27, 1981 from Julia R. Brandesky, a widow, et al to Aminoil USA, Inc., recorded in Volume 349, Page 3 of the Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). n. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated April 2, 1985 from Milton J. Vavricek and wife, Betty Vavricek to W. N. Story , recorded under Clerk's File No. 453520, Volume 381, Page 7, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). o. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated May 6, 1985 from Julia K. Brandesky et al to W.N. Story, recorded in Volume 382, Page 172 of the Oil and Gas Records of Nueces County, Texas, extended by instrument dated June 14, 1988, recorded in Volume 396, Page 674 of the Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE B (Continued) P. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated May 22, 1985, from Frances Snyder, et al. to W.N. Story, recorded under Clerk's File No. 453517, Volume 381, Page 1, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). q. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in instrument dated July 24, 1985, from Alvin M. Hurwitz and wife, Sherlie Hurwitz; Ivan Hurwitz and wife, sherry Hurwitz to W. N. Story, recorded under Clerk's File No. 505579, Volume 387, Page 341, Oil and Gas Records of Nueces County, Texas. Extended by instrument dated June 27, 1988, File No. 623681, Volume 398, Page 307, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). r. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease dated August 2, 1988, from Frances Snyder, et al. to Sun Operating Limited Partnership, recorded under Clerk's File No. 632620, Volume 399, Page 808, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). S. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease recorded under Clerk's File No. 478599, Volume 384, Page 887, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE B (Continued) t. Lease for coal, lignite, oil, gas or other minerals, together with rights incident thereto, contained in Oil, Gas and Mineral Lease recorded under Clerk's File No. 649483, Volume 401, Page 295, Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). U. Coal, lignite, oil, gas or other mineral interest(s), together with rights incident thereto, contained in instrument dated April 20, 1938 from Joseph W. Brandesky and wife, Julia Brandesky to J.H. Derden, recorded in Volume 45, Page 357 of the Oil and Gas Records of Nueces County, Texas. Reference to which instrument is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). V. All leases, grants, exceptions or reservations of coal, ignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not, There may be leases, grants, exceptions or reservations of mineral interest that are not listed. W. Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. X. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (NOTE: Upon receipt of a survey acceptable to the Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey.) Y. Rights of the Public in and to any portion of subject property lying within a public road. (To be deleted upon receipt and review of a current on the ground survey, eliminating portion, if any, from metes and bounds description). Z. Any visible and apparent unrecorded easements on the insured property. (Owner's Policy Only) Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule B SCHEDULE C Commitment No.: 220243337 GF No.: 220243337 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2. Satisfactory evidence must be provided that: a. no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b. all standby fees, taxes, assessments and charges against the property have been paid, C. all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d. there is legal right of access to and from the land, e. (on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3. You must pay the seller or borrower the agreed amount for your property or interest. 4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5. Appears to be clear of any and all voluntary liens. We find no outstanding liens of record affecting the subject property. An inquiry should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 6. The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule C SCHEDULE C (Continued) 7. File has been set up as a TBD. Company reserve the right to complete Schedule "A"when furnished the (amount or entity)to be insured. This Commitment is also subject to checking the name(s) of the purchaser(s) for Federal Judgment Liens in favor of the United States; for Chapter 12 or 13 Bankruptcy Proceedings; Texas Workforce Commission Liens; and to see if their name(s) appear(s) on the List of Known or Suspected Terrorist Maintained by the Office of Foreign Asset Control pursuant to the USA Patriot Act. 8. Company requests receipt of closing/lender's package 24 hours prior to closing. 9. Any matters revealed by current, on the ground as-built survey. 10. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 11. Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 12. The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 13. CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. 14. NOTE: This file must be updated within 24 hours prior to Closing. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule C SCHEDULE C (Continued) 15. Company must be furnished a properly executed Affidavit of Debts and Liens executed by the Seller, if a sale or by the Borrower, if a loan only. 16. If the area and boundary exception is to be amended to show only"shortages in area", Company must be furnished with a survey showing a plat and containing the correct description of the subject property made by a Licensed Public Surveyor of the State of Texas, acceptable to this Title Company. 17. NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase. Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy. 18. IMPORTANT NOTICE: ALL FUNDS OVER$10,000 MUST BE IN THE FORM OF A WIRE TRANSFER. WARNING!WIRE FRAUD ADVISORY: San Jacinto Title's wire instructions DO NOT CHANGE. Please call our office to confirm wire instructions before wiring. 19. Company must be furnished with a properly executed waiver of inspection, executed by the purchaser. (Purchaser Policy Only) 20. Notice to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rule P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. "Good Funds" means: 1. Cash or wire transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500.00 including checks,traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500.00 limitation; 4. Uncertified funds in the amounts of$1,500.00 or more, drafts and any other item when collected by the Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule C SCHEDULE C (Continued) financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 21. Except in an exempt transaction,the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 22. Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 23. Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary's identification number as required by Texas Government Code§406.013 when the notary public is either(1) a new notary appointee or(2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. 24. The Company may make other requirements or exceptions upon its review of any requested documentation or of the proposed documents creating the estate or interest to be insured or otherwise ascertaining details of the transaction. Company reserves the right to revise this commitment and/or to make additional requirements or corrections at any time prior to the closing of this transaction. Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 25. As to any document creating your title or interest that will be executed or recorded electronically, or notarized pursuant to an online notarization, the following requirements apply: • Confirmation prior to closing that the County Clerk of said County, Texas has approved and authorized electronic recording of electronically signed and notarized Instruments in the form and format that is being used. • Electronic recordation of the instruments to be insured in the Official Public Records of said County, Texas. • Execution of the instruments to be insured pursuant to the requirements of the Texas Uniform Electronic Transactions Act, Chapter 322 of the Business and Commerce Code. •Acknowledgement of the instruments to be insured by a notary properly commissioned as an online notary public by the Texas Secretary of State with the ability to perform electronic and online notarial acts Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule C SCHEDULE C (Continued) under 1 TAC Chapter 87. 26. PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule C SCHEDULE D Commitment No.: 220243337 GF No.: 220243337 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1. The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers: Raymond R. Quirk, CEO/President; Anthony J. Park, EVP/CFO/Treasurer; Marjorie R. Nemzura, VP/Corporate Secretary Directors: Steven G. Day, Marjorie R. Nemzura, Michael J. Nolan, Anthony J. Park, Raymond R. Quirk Shareholders: Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC which is owned 100% by Fidelity National Financial, Inc. 2. The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Mark Scott, President Coastal Bend Region Shelly Cristan-Grahmann, Vice President Channing Slusher, Vice President Lynn Leising, Vice President Nancy Massaro, Vice President/Administration Gracie P. Herrera, Vice President/Comptroller Jason B. Smith, Vice President 3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule D SCHEDULE D (Continued) You are further advised that the estimated title premium*is: Total $ 0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company; 85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services % Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Schedule D Commitment No.: 220243337 GF No.: 220243337 LEGAL DESCRIPTION TRACT I: Field notes, for a 0.8449 Acre Tract of Land, out of Lot 6, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48 of the Map Records of Nueces County, Texas, being a portion of a 2.87 Acre Tract, as described in a Warranty Deed from Milton J. Vavricek and wife, Betty Vavricek to the City of Corpus Christi, recorded in File No. 780876, Volume 1309, Pages 315 of the Deed Records of Nueces County, Texas; said 0.8449 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61'52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for a corner of the proposed Lot 1 R, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 63°30'51", radius of 74.00 Feet, an arc length of 82.03 Feet, and a chord which bears South 86°22'27" West, 77.90 Feet; Thence, over and across the said 0.29 Acre Tract, with the said proposed Lot 1 R and the said circular curve to the Left, 82.03 Feet,to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas; Thence, North 54°37'01" East, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 121.75 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southwest boundary line of the said 2.87 Acre Tract, being the East comer of the said 0.29 Acre Tract, a Northwest corner of the said 15.325 Acre Tract, for the Point of Beginning and West corner of this Tract; Thence, North 54°37'OTI East, over and across the said 2.87 Acre Tract, 432.47 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 2.87 Acre Tract, for the Northernmost corner of the said 15.325 Acre Tract, for the North corner of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the North corner of the said 15.325 Acre Tract, bears, North 54°37'01" East, 130.64 Feet; Thence, South 28°32'01"West, with the common boundary line of the said 2.87 Acre Tract and the said 15.325 Acre Tract, 387.12 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, being an inner ell corner of the said 15.325 Acre Tract, for the South corner of the said 2.87 Acre Tract and this Tract; Thence, North 61'51'26"West, with the said common boundary line, 190.15 Feet to the Point of Beginning, containing 0.8449 Acres (36,805 SgFt) of Land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. TRACT II: Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Legal Description LEGAL DESCRIPTION (Continued) Fieldnotes, for a 0.0391 Acre Tract of Land, out of Lot 5, Section 9, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas, being a portion of a 0.29 Acre Tract, as described in a Warranty Deed from Joseph W. Brandesky and wife Julia Brandesky to the City of Corpus Christi, recorded in File No. 723448, Volume 1180, Pages 537-540 of the Deed Records of Nueces County, Texas; said 0.0391 Acre Tract more fully described as follows: Commencing, at a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, on the Southeast Right-of-Way line of Kostoryz Road, a variable width public roadway, on the Southwest boundary line of a 150 Foot wide Drainage Right-of-Way, as described in a Warranty Deed, from Paul Snyder and Frances Snyder to the City of Corpus Christi, as recorded in File No. 734142, Volume 1206, Pages 488-491, of the said Deed Records, for the North corner of Lot 1, Block 1, of the Mary Carroll High School Tract, a map of which is recorded in Volume 69, Pages 333-334, of the said Map Records; Thence, South 61'52'08" East, with the common boundary line of the said Drainage Right-of-Way and the said Lot 1, 1270.84 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the corner of the proposed Lot 1 R, Mary Carroll High School Tract, and the beginning of a circular curve to the Left, having a delta of 07°22'39", a radius of 74.00 Feet, an arc length of 9.53 Feet, and a chord which bears South 65°33'27" East, 9.52 Feet; Thence, with the said circular curve to the Left, 9.53 Feet, to the Northwest boundary line of the said 0.29 Acre Tract, for the Point of Beginning, and the North corner of this Tract, and for the beginning of a compound curve to the Left, having a delta of 56°08'11", a radius of 74.00 Feet, an arc length of 72.50 Feet, and a chord which bears North 82°41'07" East, 69.64 Feet; Thence, with said compound curve to the Left, over and across the said 0.29 Acre Tract, 72.50 Feet to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the Southeast boundary line of the said 0.29 Acre Tract, the Northwest boundary line of a 15.325 Acre Tract of Land, described in a Special Warranty Deed from Superior GMR, L.L.C., to the Corpus Christi Independent School District, as recorded in Document No. 2019045155, of the Official Public Records of Nueces County, Texas, for the East comer of this Tract, from Whence, a 5/8 Inch Iron Rod Found, for the Northernmost comer of the said 15.325 Acre Tract bears, North 54°37'01" East, 684.90 Feet; Thence, South 54°37'01"West, with the common boundary line of the said 0.29 Acre Tract and the said 15.325 Acre Tract, 128.80 Feet, to a 5/8 Inch Iron Rod Found, on the Southeast boundary line of the said Lot 1, being a West corner of the said 15.325 Acre Tract, for the South corner of the said 0.29 Acre Tract and this Tract, from Whence, a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX" Found, on the Northeast Right-of-Way line of Saratoga Boulevard, a 120 Foot wide public roadway, for the South corner of the said Lot 1, bears South 28°40'28" West, 1030.48 Feet; Thence, North 28°40'28" East, with the common boundary line of the said Lot 1 and the said 0.29 Acre Tract, 74.90 Feet to the Point of Beginning, containing 0.0391 Acres (1,701 SgFt) of Land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Legal Description TEXAS TITLE INSURANCE INFORMATION Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. EI seguro de titulo le asegura en relacion a perdidas resultantes de ciertos riesgos que pueden afectar el titulo de su propiedad. EI Compromiso para Seguro de Titulo es la promesa de la compania aseguradora de titulos de emitir la poliza de seguro de tfitulo. EI Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transaccion. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy(the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Title Insurance Information TEXAS TITLE INSURANCE INFORMATION (Continued) You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Title Insurance Information DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 220243337 GF No.: 220243337 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Deletion of Arbitration Provision IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1. filing a complaint against an insurance company or agent, 2. whether an insurance company or agent is licensed, 3. complaints received against an insurance company or agent, 4. policyholder rights, and 5. a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 AVISO IMPORTANTE PARA INFORMACION, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener informacion sobre: 1. como someter una queja en contra de una compania de seguros o agente de seguros, 2. si una compania de seguros o agente de seguros tiene licencia, 3. quejas recibidas en contra de una compania de seguros o agente de seguros, 4. los derechos del asegurado, y 5. una lista de publicaciones y servicios para consumidores disponibles a traves del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 Effective Date: January 18, 2022 FORM T-7: Commitment for Title Insurance 220243337 Important Notice Privacy Policy Notice September 26, 2013 San Jacinto Title Services of Texas, LLC PURPOSE OF THIS NOTICE Title V of the Gramm-Leach Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing non-public personal information about you with a non-affiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of San Jacinto Title Services of Texas, LLC. We may collect non-public personal information about you from the following sources: -Information we receive from you such as on applications or other forms. -Information about your transactions we secure from our files, or from [our affiliates or] others. -Information we receive from a consumer reporting agency. -Information that we receive from others involved in your transaction, such as the real-estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional non-public personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates. WE DO NOT DISCLOSE ANY NON-PUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to non-public personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your non-public personal information. Privacy Policy 220243337 4At* Adame Realty Advisors APPRAISAL • CONSULTING March 25, 2019 Mr. John Dibala Construction Project Manager Office of the Superintendent Corpus Christi Independent School District Dear Mr. Dibala: At your request, we have viewed the 25.33 acres of vacant land located off Kostoryz Rd. and Saratoga Blvd., Corpus Christi,Nueces County, Texas. We have estimated the current"As Is" Market Value. The purpose of this letter is to transmit the Appraisal Report to you. The Report has been prepared with an "As Is"effective date of March 15, 2019,the date of the personal viewing of the property. We have performed the investigations and analysis work to form an opinion of the "As Is" Market Value of the Fee-Simple interest in the property legally described as 6.915 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision;8.41 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands; 2.30 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; and 7.70 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands, , Corpus Christi, Nueces County, Texas. We would point out that the Report is governed by the bylaws and regulations of the Appraisal Institute including review by its duly authorized representatives. The Report was prepared to meet your Letter of Authorization and to be in compliance with (1) Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as published in the Federal Register, 12 CFR Part 323.1, (f); (2) Office of the Comptroller of the Currency; (3) the Federal Reserve Board; (4) the Federal Deposit Insurance Corporation, (5) the Office of Treasury Services, (6) rules of the Texas Appraiser Licensing and Certification Board; (7) the Appraisal Foundation Uniform Standards of Professional Practice (USPAP); and (8)Texas Real Estate Commission regulations. We certify that we have personally viewed the property and have estimated the "As Is" Market Value of the subject property. This opinion of market value is subject to the Certification and Underlying Assumptions and Contingent, Limiting and Hypothetical Conditions made a part of the Report. We THANK YOU for allowing me to consult with you. Please call me if you have any questions. Sincerely, tA,� 1". &,� G��_ Kristen M. Bennett Chris A. Adame P. O. Box 8324 • Corpus Christi, Texas 78468-8324 361/880-5885 • Fax: 361/880-5883 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 APPRAISAL REPORT of 6.915 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; 8.41 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands; 2.30 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; and 7.70 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands Kostoryz Road @ Saratoga Blvd. Corpus Christi, Nueces County, Texas 78415 Date Report Prepared: March 25, 2019 EFFECTIVE DATE OF APPRAISED VALUE: "As Is"Market Value -March 15, 2019 Report Prepared for: Mr. John Dibala Construction Project Manager Office of the Superintendent Corpus Christi Independent School District Report Prepared by: Christopher A. Adame, CCIM Kristen M. Bennett ADAME REALTY ADVISORS, INC. P.O. Box 8324 Corpus Christi, Texas 78468 Mame Realty Advisors APPRAISAL CONSULTING 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS SUBJECT PROPERTY: The subject property consists of 25.33 acres of vacant land that is out of four separate tracks that are located off Kostoryz Road and Saratoga Blvd. LEGAL DESCRIPTION: Legally described as 6.915 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; 8.41 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands; 2.30 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; and 7.70 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands Subdivision, City of Corpus Christi,Nueces County, Texas. LOCATION/STREET ADDRESS: Kostoryz Road & Saratoga Blvd. OWNERS: Superior H&H Development LLC and Superior GMR LLC CURRENT USE: Agricultural Purposes ZONING: RS-4.5 and RS-6 (Single Family Dwelling) CENSUS TRACT: Census Tract 23.04, Block Group 4, Block 4016 FLOOD ZONE: Zone "C", area of minimal flooding. Designated as FEMA Map 485464 0283C,July 18, 1985 EFFECTIVE APPRAISAL DATE: March 15, 2019 INTEREST APPRAISED: Fee Simple Interest INTENDED USE: The intended use of this Appraisal is for internal decision making purposes for the CCISD. INTENDED USER: Corpus Christi Independent School District PERSONAL PROPERTY: None — Only items attached to the property are considered real estate. INDICATIONS: Sales Comparison Approach: $1,200,000.00 Final Value"As-Is": $1,200,000.00 Mame Realty Advisors AFPRAISRL.CONSULTING 1 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 CERTIFICATION We certify that to the best of our knowledge and belief,... ..the statements of fact contained in this report are true and correct. ..the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. ..no other persons provided significant professional assistance to the person signing this certification. ..We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest or bias with respect to the parties involved. ..We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. ...Our engagement in this assignment was not contingent upon developing or reporting predetermined results. ..Our compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. .. the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP), the regulations of the Texas Appraisers Licensing and Certification Board,the rules of the Texas Real Estate Commission, and with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. .. the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ...no consulting or appraisal assignments have been performed on the subject property during the three year period immediately prior to the effective date of this appraisal. ...as of the date of this report, I have completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members. ..Kristen Bennett made a personal viewing of the property on March 15, 2019. G�r�� tti,&' CHRISTOPHER A. ADAME, CCIM KRISTEN M. BENNETT Certified General Real Estate Appraiser Cert. General Real Estate Appraiser Certificate 4 TX-1334856-G Certificate 4 TX-1336635-G Expires: April 30,2019 Expires: January 31, 2021 Mame Realty Advisors AFP107 RAISRL CONSULTING 2 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 CLIENT/INTENDED USERS The intended client and user of this Appraisal is the Corpus Christi Independent School District. There are no other intended users. INTENDED USE The intended use of this Appraisal is for internal decision making purposes for the Corpus Christi Independent School District. TYPE AND DEFINITION OF VALUE Market Value - "The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale (including assuming that(a) ,the buyer and seller each acting prudently and knowledgeably, and (b) assuming the price is not affected by undue stimulus). Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and acting in what they consider their own best interests; 3. a reasonable time is allowed for exposure in the open market; 4. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; 5. and the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale." Market Value Definition follows the Uniform Standards of Professional Appraisal Practice (USPAP) and meets the requirements of the OCC Regulation 12 CFR Part 34, FDIC Regulation 12 CFR Part 323, Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) and the Office of Thrift Supervision Regulation 564.2(f) and Title XI of FIRREA, 12CFR 34.41 -34.47. EFFECTIVE DATE OF REPORT The effective date of the "As-Is" Market Value is March 15, 2019,the date of the viewing of the subject property. PROPERTY RIGHTS APPRAISED The appraisal estimates the Value of the fee simple estate in the subject property. Fee Simple Estate is defined as: Absolute ownership of the surface estate (including all improvements) unencumbered by another interest or estate, except easements and leases as noted herein, subject only to the limitations of eminent domain, escheat,police power, and taxation. PERSONAL PROPERTY No personal property was included. Mame Realty Advisors AFP107 RAISRL CONSULTING 3 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 UNDERLYING ASSUMPTIONS AND LIMITING CONDITIONS This appraisal report has been made with the following Underlying Assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. For valuation purposes, it is assumed that a reasonable marketing time has been experienced prior to the effective date of this Report. 3. The property is appraised free and clear of any or all liens or encumbrances except for any outstanding leases already committed on the date of appraisement. It is assumed that any purchase payment will be made in cash or in accordance with financing terms available in the community for this type property in its locale. 4. Responsible ownership and competent property management is assumed. 5. Information, estimates, and opinions furnished to the Appraiser and contained in this Report, including data concerning comparable sales,were obtained from sources considered reliable and believed to be true and correct; however, no responsibility for accuracy of such items furnished to the Appraiser can be assumed by the Appraiser. The Value conclusions are subject to the accuracy of the data. 6. All engineering studies are assumed to be correct. The plans and illustrative material in this report are included only to help the reader visualize the property. 7. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that would render it more or less valuable. We will discuss potential drainage issues later in the report. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 8. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 9. It is assumed that the property conforms to all applicable zoning and use regulations, building codes, and restrictions unless a nonconformity has been identified, described, and considered in the appraisal report. 10. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 11. It is assumed that the use of the land and improvements are confined within the boundaries or property lines of the property described and that there will be no encroachment or trespass unless noted in the report. A survey of the land was not provided. 12. This Appraisal Report is a general guide as to the physical items that are a part of this property and is not intended as a detailed physical report. If any interested party were concerned about the existence, condition, or adequacy of any particular construction or soil item, we would strongly suggest that a construction expert be hired for an analysis. 13. It is assumed that there are no "hazardous substances"on the site and that there are no hazardous conditions near the property that would cause a loss in value. We did not observe any hazardous conditions on the site. The presence of substances such as asbestos, urea-formaldehyde foam insulation, mold and other potentially hazardous materials may affect the value of the property and it is assumed that none would be found on the site. The appraiser, however, is not qualified to detect such substances. The value estimated is predicated on the assumption that there will be no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover Mame Realty Advisors AFPINT RAISRL CONSULTING 4 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 them. We reserve the right to alter the Market Value if such conditions are determined. 14. No minerals have been considered. It is assumed that, similar to other properties in the area, no mineral ownership is a part of this property. 15. Where appropriate, consideration was given to the effect of value of the assemblage of the various estates or component parts of the subject and it is assumed that a buyer would use the same procedure. The Appraiser did simply add together the contributory Value of the individual components of land and improvements together to obtain the value of the whole. This appraisal report has been made with the following Limiting Conditions: 1. Possession of this report, or a copy thereof, does not carry with it the right of publication. 2. The appraiser, by reason of this appraisal, has not agreed to give further consultation nor to appear or testify in court with reference to the property in question. This Report may be used for a Tax Value hearing. 3. Neither all nor any part of the contents of this report (especially any conclusions as to value or the identity of the appraiser) shall be disseminated to the public without prior written consent and approval of the appraiser. EXTRAORDINARY ASSUMPTION This appraisal report has been made with the Extraordinary Assumption that the proposed Carroll High School to be located to the east of the subject property will not be constructed. We are also assuming that the owner would be able to re-zone the commercially zoned portion of the site to residential zoning. HYPOTHETICAL CONDITIONS This appraisal report has been made with NO Hypothetical Conditions. APPRAISAL SCOPE The appraiser was hired by the Corpus Christi Independent School District to perform an Appraisal Report on 25.33 acres that are legally described as: 6.915 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; 8.41 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands; 2.30 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; and 7.70 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands. The appraisal's scope is to include an analysis of the subject's fee simple rights with the purpose of estimating the Market Value on the appraised date. The report was to include the "As-Is" Market Value of 25.33 acres of vacant land owned by Superior H & H Development LLC and Superior GMR LLC. The date of the property visit was March 15, 2019. Pictures were also taken on this date. The scope of the appraisal encompasses the necessary research and analysis to prepare a report in accordance with the intended use, the Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. In regard to the subject property this involved the following steps: 1. Regional, city, county and neighborhood data was based on information available in the office of Adame Realty Advisors and came from sources including but not limited to the, Greater Corpus Christi Chamber of Commerce, the City of Corpus Christi, and the Port of Corpus Christi. The neighborhood evaluation was based upon a physical inspection of the area. Sales of similar properties was secured through the real estate offices of Joe Adame &Associates and Mame Realty Advisors AFP107 RAISRL CONSULTING 5 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 other commercial brokerage firms that service the Corpus Christi area. 2 The subject property data was based upon a physical viewing of the property, upon information provided by the client, upon information provided by the Nueces County Appraisal District and Tax Office. 3 In estimating the highest and best use for the property, an analysis was made of data compiled using the three steps noted above. 4 In developing a background of the market data several sources were used including data from Deed Records of the Nueces County Clerk's office, from other appraisers, Brokers and other persons knowledgeable of the subject property marketplace. With respect to the appraisal assignment, an appraisal is the appraiser's professional conclusion based on market data, logical analysis, and professional judgment. An appraisal is a supportable defensible opinion of value. Traditionally, there are three basic real estate appraisal methods or techniques by which market data may be analyzed and processed into an indication of value -- 1) Sales Comparison Approach; 2) Cost Approach; and 3) Income Approach. Regarding our opinion of the "As-Is" market value of the subject property, we considered only the Sales Comparison Approach as it is considered the most practical technique for valuing vacant land. It is the intent of this report to follow (a) all Federal banking regulations (primarily OCC Regulation 12 CFR Part 34, FDIC Regulation 12 CRF part 323 and Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 ["FIRREA"], and (b) the Uniform Standards of Professional Appraisal Practice and Conduct ("USPAP) as promulgated by the Appraisal Standards Board of the Appraisal Foundation. MARKETING TIME According to USPAP Advisory Opinion 7 (AO-7), the reasonable marketing time is an opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. We anticipate that a reasonable marketing time for the land would be one year or less. EXPOSURE TIME In making this Value estimate we have further been influenced by the USPAP Statement on Appraisal Standards No. 6 (SMT-6) which has as its subject: Reasonable Exposure Time in Market Value Estimates. "Exposure time is always presumed to precede the effective date of the appraisal. Exposure time may be defined as follows: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based upon an analysis of past events assuming a competitive and open market." We have estimated the exposure time of the property to be one year or less. SALES HISTORY According to USPAP Standards Rule 1-5(a) and (b), when the value opinion to be developed is Market Value, and if such information is available to the appraiser in the normal course of business, the appraiser is required to analyze (1) all agreements of sale, options, or listings of the subject property as of the effective date of the appraisal and (2) all sales of the subject property that have occurred within three (3)years prior to the effective date of the appraisal. Mame Realty Advisors AFP107 RAISRL CONSULTING 6 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 According to the Nueces County Appraisal District, 15.325 of the 25.33 acres is under the ownership of Superior GMR LLC while the remaining 10 acres is under the ownership of Superior H & H Development LLC. These two entities are related. 15.325 acres sold in August of 2017 for an unreported amount., with Puentes Family Ltd Partnership as the seller and Superior GMR LLC as the buyer. The remaining 10 acres have been under the ownership of Superior H & H Development LLC for over 3 years. To the best of our knowledge, the subject site is not under contract or listed for sale. There have been no other sales/transactions within the last three years. Mame Realty Advisors AFP107 RAISRL CONSULTING 7 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 NEIGHBORHOOD ANALYSIS According to The Appraisal of Real Estate, Twelfth Edition, a neighborhood is defined as a group of complimentary land uses; a related grouping of inhabitants,buildings or business enterprises. Location/Boundaries For the purposes of this appraisal,the neighborhood is defined as Corpus Christi's "South Side" or more precisely the area north of Oso Creek, west of the Cayo Del Oso, east of Ayers Street and south of South Padre Island Drive. The predominant use of the improved property within this area is single-family and multi-family residential, with commercial clustering along the major north/south arteries and along South Padre Island Drive. The epicenter of the neighborhood is the corner of Saratoga Blvd. and S. Staples Street. Cabaniss Naval Field is located in the immediate neighborhood at the southeast corner of Ayers Rd. and Saratoga Blvd. Residential Development Activity Barcelona Estates completed its fifth phase of development and is located northwest of the subject property. The development includes 340 homes in the $110,000 to $160,000 range. The subdivision is located on Kostoryz Road between Holly Road and Saratoga Boulevard. The developers of the project are Paisano Contractors. Bridges Mill Village is located across Kostoryz Road from Barcelona Estates. Recent Commercial Development Activity A Navy Army Federal Credit Union was built a few years ago and is located on Kostoryz Road, in front of the Bridges Mill Village Subdivision. Construction of a retail center was recently completed that is located in front of the Bridges Mill Village Subdivision. Construction has started on a new school building for the Corpus Christi School for Science and Technology along the south line of Saratoga Blvd.,between Weber Road and Kostoryz Road. Life Cycle Stage Due to the fact that neighborhoods are developed and utilized by individuals, each has a dynamic quality. This is often referred to as a neighborhood's life cycle. An area's life cycle generally falls within one of four stages: Growth-A period during which the neighborhood/market area gains public favor acceptance. Stability -A period of equilibrium without marked gains or losses. Decline -A period of diminishing demand. Revitalization-A period of renewal, redevelopment,modernization, and increasing demand. Transition often occurs in the Revitalization stage, when a land use that is no longer financially feasible is discontinued in favor of a more productive use. The subject neighborhood is considered to be in the Growth stage. Major Thoroughfares South Padre Island Drive (SH 358D) is the "lifeline" of Corpus Christi. The highway is the city's main east/west arterial route. It connects the city and North Padre Island to IH-37 and further to San Antonio Mame Realty Advisors AFP107 RAISRL CONSULTING 8 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 and then Austin, Waco and Dallas/Ft Worth via IH 35. The highway runs through the heart of the city and terminates at IH-37. Crosstown Expressway (SH 286) connects downtown to South Padre Island Drive (358), Corpus Christi's main east/west artery. The expressway is accessed from the downtown area via IH 37 and is currently undergoing a major construction project. The project includes the redevelopment of the South Padre Island Drive/Crosstown Expressway interchange and the extension of the SH 286 (Crosstown Expressway) to Saratoga Boulevard. Once the extension is completed it is predicted that a large majority of the traffic that current uses South Padre Island Drive to access Crosstown will instead use Saratoga Boulevard. Currently, "Southside" commuters must use one of the major north/west arterial routes such as Staples Street or Everhart Road to access SPID. This has resulted in considerable congestion as the current streets were not designed to handle the level of activity that has resulted from the area's tremendous growth. The re-routing of traffic along the Saratoga Boulevard corridor will be of significant benefit to projects located along the boulevard. Weber Road is a two-way, four lane street that runs north/south through the northern portion of the city's southside. North of Saratoga Boulevard,the street serves as a secondary business corridor. South of Saratoga Boulevard, the street is more commonly known as County Road 43 and serves as an alternative route to U.S. Highway 77. Saratoga Boulevard (State Highway 358) is the area's primary east/west arterial route. The boulevard is a six lane, two-way thoroughfare that connects the city's Southside to the expanding Crosstown Expressway Extension. The roadway provides area commuters a viable alternative to SPID. Holly Road is a secondary east/west artery that runs through the middle of the city's growing Southside. The road is a two-way,two-lane street that runs from Greenwood Boulevard east to the Cayo Del Oso. Mame Realty Advisors AFP107 RAISRL CONSULTING 9 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 ASSESSED MARKET VALUE, TAX RATE AND TAXES Taxes in the State of Texas are based upon the Market Value of a property. Taxes are due in full in January, based on the assessment of the preceding year. The Nueces County Appraisal District has the subject listed under the following account numbers: Tax ID Acres Market Value Ag Value Assessed Value 7723-0001-0023 6.915 $299,586 $2,697 $2,697 0847-0009-0071 8.41 $364,355 $3,280 $3,280 7723-0001-0021 2.30 $99,645 $0 $99,645 0847-0009-0052 7.70 $333,595 $0 $333,595 TOTAL 25.33 $1,097,181 $5,977 $439,217 As also illustrated,the property is partially agriculturally exempt. Below are the applicable tax rates for 2018. The subject's tax liability will be determined using these rates. Taxes are based on rates per$100 of valuation as follows: TAX LIABILITY-PART AG EXEMPT Total As s e s s e d Value S 439 17.00 25.33 Acres $ 43917.00 Tax Rates per$100 Nueces County 0.309189 Hospital 0.117672 Farm to Market 0.003899 Corpus Christi ISD 1.305050 City of Corpus Christi 0.626264 Del Mar Junior College 0.281885 Total 2.643959 Total Taxes Due S 11,612.72 25.33 Acres S 11,612.72 Rollback Taxes The State of Texas allows a reduction in the valuation of farm use properties to what is known as Agricultural Value (known as "Ag Value"). This applies only so long as this agricultural use continues. At such time as the use changes, the basis for real estate taxation reverts back to what is known as "Market Value". Each year the Tax Appraisal District confirms the two Values: (1) Ag and (2) Market. When a change of use occurs, the law provides that the real estate taxes that would have been due for each of the previous five years (based on the Market Value) shall become due plus 7%per year interest. Since we can assume that the Ag Value taxes would have been timely paid,the extra amount due can be calculated using the difference in the two Value amounts and by adding the appropriate interest. As stated above, the subject site is currently agriculturally exempt, so rollback taxes would be required if the property were developed by a taxable entity. The rollback taxes can be obtained by the Nueces County Appraisal District. Mame Realty Advisors APPRAISAL CONSULTING 10 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 SITE DESCRIPTION Location/Legal Description The subject property is located off of Saratoga Blvd. and Kostoryz Road. The site is legally described as 6.915 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; 8.41 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands; 2.30 acres out of Lot 2, Block 1, Saratoga Medical Center Subdivision; and 7.70 acres out of Lots 5 and 6, Section 9, Bohemian Colony Lands, City of Corpus Christi, Nueces County, Texas. According to the 2010 Census data, the subject property is located in Census Tract 23.04, Block Group 4, Block 4016. Physical Attributes According to the Nueces County Appraisal District, the subject property incorporates approximately 25.33 acres (1,103,157 sq. ft.). The subject property is irregular in shape and appears to be level. Currently,the site is only accessible through an already existing residential neighborhood and a parking lot located to the south of the site. The site is accessible at the end of Norchester Dr.,which is located in the Schanen Estates West #11 subdivision. The subject site backs up to the northwest portion of this existing development. The exact location is easier observed than described. The aerial that follows this discussion provide a clearer picture of the site's exact location. The site does not have access on a major street and can only be accessed from the aforementioned Norchester Drive and from the parking lot of the Most Precious Blood Church and School facility that bounds the site to the south. Per the city's master transportation plan, the tract's developer will be responsible for constructing a street which will provide future access to the site from Kostoryz Rd. Since the property has access through and adjoins the Schanen Estates West #11 subdivision, a brief discussion of its characteristics has been provided. The subdivision consists of 84 lots. The homes were built in the late 1970s to early 1980s and the development is entirely built-out. The majority of the lot sizes are in the 8,000 square foot to 9,000 square foot range. Boundaries The 25.33 acre property is bound by vacant land to the north, residential development and Kostoryz Road is located to the west. Directly to the east is residential development. Commercial development and Saratoga Blvd. is located to the south. There is a drainage ditch that runs along part of the western boundary of the property. Accessibility As stated earlier,the subject property is currently accessible from Norchester Dr. and the Most Precious Blood Church and School parking lot to the south. The city has a master plan that once the tract is developed,the landowner is to construct a street that will provide the site with access from Kostoryz Rd. Easements We were not provided a survey of the subject property. However, a map was provided by Urban Engineering showing easements. The map indicates a 20' drainage easement along the north line of the site. There is also a 10' utility easement along the western boundary and southern boundary. There is a 30' sanitary sewer easement along the eastern boundary. There is a drainage ditch located along the western boundary of the site. There is also a 60' street dedication (per the city transportation plan)along Mame Realty Advisors AFPRAISRL CONSULTING 11 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 the western boundary of the site that would provide the subject site future access to Kostoryz Road. We have assumed that any easements that may exist and are not shown on the map would not hinder the overall development potential of the subject property. Available Public Utilities According to information obtained from the city of Corpus Christi's GIS site, public utilities immediately available to the property include water, storm sewer, and sanitary sewer. Electrical Service, Cable and Telephone are available via various providers. School District The subject site is located in the Corpus Christi Independent School District. Flood Zone According to FEMA's flood map website, the property is located on Community Panel 485464 0283C, dated July 18, 1985. Zone C is defined as areas of minimal flooding. Zoning The subject property has a zoning of RS-4.5, RS-6 (Single-Family Residential), and CG-2. According to the city of Corpus Christi's Zoning Ordinance, RS4.5 and RS-6 provides for suburban residential development and redevelopment. Again, a limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The CG-2 (General Commercial) zoning provides sufficient space in appropriate locations for all types of commercial and service activity, particularly along arterial streets where a general mixture of such activity now exists. Such uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material or the nuisance factors of dust, odor and noise associated with manufacturing. In summary, the site has a mixture of residentially zoned land and commercially zoned land. The commercially zoned portion of the site could potentially be sold off to the adjoining land owner to the south, which is also commercially zoned. However, the appraiser does not see this as likely to occur because it would make the subject site irregular in shape. Therefore, for the purposes of this appraisal, all 25.33 acres will be appraised as residentially zoned land., as that is the highest and best use of the site. Mame Realty Advisors AFP107 RAISRL CONSULTING 12 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 Sinton Www _ P r� Tuft Odem Grego hemi �� Portland Ingleside ._ spar Nueres Bay Rej AIL= 1 5 R,3bs n r 1358 C r15t7 ..... 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" / r Y 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 15' `:'7155 dr 371531 5 15. 15 /` y �• 15 .'11.15 7151 153 t 142768 r 7,5 f` 7t54 716 198034 20]09429: 41at'27 . w. �r 79&72 6141 01'.3 6 547297 014138206613 013 2 Gfd i 114 XV' 140 014 fd5,�'�'.�`L 014097 200013!013! 3M2d 014 014, 3Q20139j 14 013 Otd 151 ' 547735 25'Gt0540 2/09159 ! y 27C,147 CA14',) � fr,,�l0 2�i 2COG`11/4'., 14 95 141 D1, d 14 /// f S3aC83 "]R]11 530374 , �,2U-14115 .r+d'.� 214 014 3 ` 2 016 9 044 0144 3 oa46s21A 014 7 i 240496585 196016 198619 / !!! 196415 i� 20014.3467 .-..,..,*`` 0079625 254628 { I 196(!79 375271 2M1499/2-0"2'860 NUECES COUNTY PLAT MAP Adaml Realty Advisors APPRAISAL�CONSULTING 15 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 { ON RS-TF ON TF Z� CN-1 ON CN-1 CN-1 iJ n. 1 l P-S-4-6 .3 RS-TF RS-6 rtt t� RSA, yff#ffU' xfr'r7 c"' " Cre�tkl�vi CN-1 Pirk RS-TF CN-1 CN-1 , CN-1 v 7 3 ON u` l rj RSA-- fry f+ F a CC-2 7�AL r RS-6 z"r. IL 'h+�, ! IL f RM-1 C� CG-2 CG-2 CG-2 'CG-2. CG-1 IL RN CC-2 IL 1L IL CC_2 IL CG-1 CG-2 CITY OF COPUS CBRISTI ZONING MAP Adaml Realty Advisors 4-4* APPRAISAL L.CONSULTING 107 16 e ; ♦e � i s , f} PRh Ygr r elk x 4 arO O a A- 4i , " y S m k: 300 yards - � 5+. �° 41 J= bIC1g MAP DATA r FEMA Special Flood Hazard Area: No Areas in u mdaW by 500-yea r flood in g Protected Areas Map .,_ I Zone: Map Date:July 18,1985 ■ Viodocity Hazard 0 Subject Area FIPS:48355 FLOOD MAP 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 a ACCESS TO SUBJECT SITE 1 OF NORCHESTER1 ' im• VIEW OF NORCHESTER DR. NORTH Mame Realty Advisors AFP107 RAISRL CONSULTING 18 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 r VIEW SOUTHWEST ACROSS 1 SUBJECT SITE E a IV 4 Ilk K SUBJECT SITE v , Mame Realty Advisors APPRAISAL�CONSULTING 19 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 PPR RIM SUBJECT SITE f ACROSS17' VIEW WEST Mame Realty Advisors AFP107 RAISRL CONSULTING 20 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 SUBJECT SITE SUBJECT SITE Mame Realty Advisors AFP107 RAISRL CONSULTING 21 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 HIGHEST AND BEST USE From The Appraisal of Real Estate, 12th edition, we quote: "the highest and best use may be defined as the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest Value." "Fundamentally, the concept of highest and best use applies to land alone because the value of the improvements is considered to be the value they contribute to the land." "A distinction is made between the highest and best use of the land or site as though vacant and the highest and best use of the property as improved." In addition to being reasonably probable, the highest and best use of the land as though vacant and the property as improved must meet four implicit criteria. That is, the highest and best use must be: (1) legally permissible, (2) physically possible, (3) financially feasible and (4) maximally productive. The analysis highest and best use is an economic study of market forces focused on the subject property. Highest and best use of land as though vacant: Among all reasonable alternative uses, the use that yields the highest present land value after payments are made for labor, capital and entrepreneurial coordination. Legally Permissible: The subject property has a zoning of RS-6, RS-4.5, and CG-2. According to the city of Corpus Christi's Zoning Ordinance, RS-6 and RS-4.5 districts provide for suburban residential development and redevelopment. Again, a limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The CG-2 zoning does allow for residential development including: multifamily,townhome and cottage housing. Physically Possible: The subject is an attractive size encompassing approximately 25.33 acres of land. The subject is irregular in shape and is adjacent to the northwest portion of the Schanen Estates West #11 subdivision. The site is located within the boundaries of the Corpus Christi ISD and the western portion of the South Side Residential Submarket, the city's highest performing residential area. Currently, access is limited and is only be available through the existing streets in the residential subdivision. This limits the development options for the commercially zoned portion of the site. Based on these physical aspects, the surrounding development, and the area's increasing residential building permit activity,the subject's most probable use would be for consideration of a residential subdivision. Financially Feasible: From a financial point-of-view, any use that is expected to produce a positive rate of return is considered feasible. The property is located in the 78415 zip code. The majority of the new residential development is occurring to the east of the subject, in the 78414 and 78413 zip codes. That is not to say that there is not a demand for residential in the area. Due to the decreasing amount of available residential subdivision land and the resulting increased cost, subdivision developers are being forced to consider alternative, secondary locations. Based on the current residential market dynamics, we consider the subject to be a secondary location for a new subdivision. The majority of the market's permit activity is in the $150,000 to $199,999 and $200,000 to $299,999 home price ranges. The subject's area targets the lower to mid-range price points of the market. New homes in the area are generally priced between $175,000 and $250,000 and the number of available lots for these types of homes is limited. Based on the activity in the area, the most Financially Feasible use would be consideration of a residential subdvision that exploited the site's location to the adjoining subdivision's Mame Realty Advisors AFP107 RAISRL CONSULTING 22 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 infrastructure. As noted earlier,there is a portion of the site that is zoned CG-2. While it is possible that this portion could be sold off to the adjoining land owner, it is most probable that the portion would be re-zoned as residential and the entire site would be developed into a residential subdivision. As a result, we would expect home prices in this type of subdivision to be in the $175,000 to $250,000 price range. Maximally Productive: Given the subject's attributes and the current residential demand/supply conditions, the most maximally productive use of the site would be for the development of a single- family residential subdivision, focused on the $175,000 to $250,000 price range. Conclusion: The highest and best use of the subject property is for the development of single-family residential, focused on the $175,000 to $250,000 price range. Mame Realty Advisors APPRAISAL CONSULTING 23 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 LAND VALUATION- SALES COMPARISON APPROACH The Land Value of the site is considered as if vacant land. We have extensive experience in valuing land in the Corpus Christi MSA. We consulted with all persons we could find that might have data of similar property sales. Although there has been a considerable number of land sales occur in recent years, obtaining the actual price per acre is not always possible. Much of the data is spread on hearsay, and as a result much care must be taken in the verification process. The subject property is located in the 78415 zip code. This area has experienced some recent subdivision development,but not to the levels as those exhibited in the 78413 and 78414 zip codes to the east. As a result, comparable land sales in the immediate vicinity of the subject were difficult to obtain, and it was necessary to analyze subdivision land sales in adjoining zip codes. Through our research we were able to identify several comparable sales which we felt would be appropriate. While some of the sales are smaller than the subject site, there have not been many large acreage tracts sold for residential development over the last several years. A summary of the sales is presented in the table below. COMPARABLE LAND SALES Address Tax ID Acres Sale Sale Price/ Zoning Buyer Instrument# SF Date Price AC Seller I Greenwood Dr. 0847-0007-0069 15.0 Jan-18 $465,000 $ 31,000 RS-6 1 KM Homes Inc Corpus Christi,Texas 78417 2018005327 653,400 Seaside Builders LLC 2 3445-3545 Saratoga Blvd. 1190-0003-0030/0035 26.13 Aug-18 $1,061,275 $ 40,615 IL MPM Development Corpus Christi,Texas 78415 2018039644 1,138,223 Cabaniss Land Corporation Kostoryz Rd.&Masterson 0847-0009-0064 23.187 SuperiorH&HDevelopment 3 Dec-16 $1,288,650 $ 55,576 RS-4.5 Corpus Christi,Texas 78415 2016053234 1,010,026 Puentes Fan Ltd Partner2' 4 Kostoryz Rd.(Pail of Subject Site)1 0847-0009-0052/7723-0001-0021 10.0 Jul-14 $470,000 $ 47,000 RS-4.5 Superior H&HDevelop ment Corpus Christi,Texas 78415 2014027684 435,600 Puentes Family Ltd Partnership Adiustments Real Property Rights Conveyed: From our understanding, each of the comparable sales involved the fee-simple interest being conveyed. No adjustments were required. Financing: The typical definition of market value recognizes cash equivalent terms provided the calculation of these terms reflects the market. Cash equivalency calculations vary depending on the kind of financing arrangement that requires adjustment. All comparables were considered cash or cash equivalent and no adjustments were considered necessary. Conditions of Sale: Adjustments for conditions of sale usually reflect the motivations of the buyer and seller. In many situations the conditions of sale significantly affect transaction prices; these are not considered arm's-length transactions. For example, a developer may pay more than market value for lots needed in a site assemblage because of the plottage value expected to result from the greater utility of the larger site or a sale may be transacted at a below-market price if the seller needs cash in a hurry. All sales conditions were considered normal and no adjustments were required. Market Conditions/Time: We first made adjustments for time to all of the sales that occurred prior to the effective date of this report. It is generally accepted that, when necessary, market condition adjustments for time should always be performed first. The remainder of any other adjustments should then be based on the time-adjusted equivalent price of that property. According to the information in quarterly Residential Market Trends Report, home sales have increased steadily over the last few years. This indicates that an adjustment to land prices is required. With no paired land sales to aid in the price AdanRealty Advisors AFP107 RAISRL CONSULTING 24 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 increases, we used an analysis of the previously occupied home sale prices per square foot that have been reported for the South Side Submarket over the past few years. Based on information from the residential market, an adjustment of 2.29%per annum is made to the sales to adjust for increases in the residential market. Adjustments were made accordingly using these percentages. Size: With respect to size, adjustments were applied based on a methodology that there are inherent price breaks as the acquired acreage increases. Through the experience of both our appraisal and brokerage divisions, we have determined that this price break can be defined as a 10% reduction or increase for each doubling or halving in size of a property. Utilizing this methodology, adjustments for each comparable's size were made, and can be found in detail on the sales comparison grid. Location: The subject property is located off Saratoga Blvd. and Kostoryz Rd. With respect to location,the following adjustments were made: Comparable 1 is located off Greenwood Dr., next to the new Los Encinos Elementary School. This location is considered slightly inferior when compared to the subject's location off Kostoryz/Saratoga. A+10%location adjustment is made to this sale. Comparable 2 is located at 3445 Saratoga Blvd., across the street from the subject site. No location adjustment is warranted. Comparable 3 is located at the end of Masterson Rd, off Kostoryz Rd. This sale is in close proximity (just west) and is considered comparable when compared to the subject property. No adjustment is made to this sale for location. Comparable 4 is located off Kostoryz Road and Saratoga Blvd. Again, this sale is part of the subject site. No location adjustment is made to this sale for location. Access: Access is key to the value of real estate. For example, corner locations are typically more valuable than inside lots for retail businesses. Currently, the site does not have access on a major street and can only be accessed from the aforementioned Norchester Drive and from the parking lot of the Most Precious Blood Church and School facility that bounds the site to the south. Once the site is developed, there are plans to put in a street which will give the site access from Kostoryz Rd. Comp 1 has similar accessibility and is not adjusted. Comparable 2 has superior accessibility and is adjusted by —5%. Comparable 3 and 4 have similar accessibility and are not adjusted. Configuration: Configuration is directly related to utility of a site. Narrow sites with extensive depths have less utility and are typically priced less than equivalently deep tracts that are wider. In addition, rectangular or regular sites are generally considered superior to irregularly shaped lots. The subject property is irregular in shape. However, the subject site's shape does not affect its ability to be developed to its highest and best use. Some of the comparables are irregular in shape. Comparable 1 is very irregular in shape. We estimated approximately 1.5 acres is not developable due to its irregular shape. Thus, only 13.50 acres of this sale is considered developable. The 13.50 net acres is used in the analysis. The other comparables' configuration did not warrant an adjustment. Utilities: Sites with all public utilities available typically are worth a premium compared to those properties with lesser utilities. For this analysis, all sales were considered to have equivalent utilities. Zoning: Zoning is often a key element in the selection of a land parcel for development. The zoning classification put on a property dictates the permissible uses of the site by a particular business or the Mame Realty Advisors AFP107 RAISRL CONSULTING 25 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 type of improvements that may be constructed. The subject property has a zoning of RS-6 and RS-4.5. Again, as stated earlier, a portion of the site is zoned CG-2. However, for the purposes of this report,we are analyzing the site as if it is all zoned residential. With the exception of Sale 2, all of the comparables are zoned for residential development. Therefore,no adjustments is warranted. Sale 2 is zoned IL. This sale is adjusted by+25%for its zoning. Platted: In Corpus Christi, a plat is required when land is divided into two or more tracts for the purpose of sale,transfer of ownership or in the creation of a new building site. The expense of platting a property can often be a deal breaker in a real estate transaction. The subject site and the sales comparables are not platted so no adjustment is required. Topography: The topography of a particular land parcel can significantly impact its value. Sites that are relatively flat are much easier to develop than those with significant changes in elevation. On the flip side, parcels with significant changes in elevation may be worth more for single-family residential or golf course developments versus a terrain that is flat. All comparable sales have similar topography. No adjustments were warranted. Summary Based on the comparables, an adjusted price per acre range of$36,249 to $58,439 was produced. The mean of the comparables was calculated to be $47,097 per acre and the median price per acre was calculated at$46,850 per acre. Using a weighted average of the comparables, we have determined that a price per acre of$47,000 is appropriate for the subject property. If we apply this amount to the subject's 25.33 acres, an estimated value of$1,190,510, or$1,200,000 (when rounded)is produced. Mame Realty Advisors AFP107 RAISRL CONSULTING 26 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 LAND SALES COMPARABLE GRID Subject SALES COMPARABLES Element Property 1 2 3 4 Sale Price $ $ 465,000 $ 1,061,275 $ 1,288,650 $ 470,000 Sale Price/Acre $ $ 34,444 $ 40,615 $ 55,576 $ 47,000 Real Property Rights Conveyed Fee-Simple Fee-simple 0.00%Fee-Simple 0.00%Fee-Simple 0.00%F.-Simple 0.00% Adjusted Price/Acre $ 34,444 $ 40,615 $ 55,576 $ 47,000 Financing Adjustment Cash Cash 0.00%Cash 0.00%Cash 0.00%Cash 0.00% Adjusted Price/Acre $ 34,444 $ 40,615 $ 55,576 $ 47,000 Conditions of Sale Adjustment Normal Normal 0.00%Normal 0.00%Normal 0.00%Normal 0.00% Adjusted Price/Acre $ 34,444 $ 40,615 $ 55,576 $ 47,000 Market Conditions Adjustment Current Jan-18 2.67% Aug-18 1.53% Dec-16 5.15% Jul-141 10.68% Adjusted Price/Acre $ 35,365 $ 41,235 $ 58,439 $ 52,022 Physical Adjustments Location Avg. Inferior 10.00%Equivalent 0.00%Equivalent 0.00%Equivalent 0.00% Size(Ac.) 25.330 13.50 -7.50% 26.13 0.00% 23.19 0.00% 10.00 -15.00% Access Average Equivalent 0.00%Superior -5.00%Equivalent 0.00%Equivalent 0.00% Configuration Regular Regular 0.00%Regular 0.00%Regular 0.00%Re lar 0.00% Utilities All Equivalent 0.00%Equivalent 0.00%Equivalent 0.00%Equivalent 1 0.00% Zoning RS-6/RS-4.5 RS-6 0.00%IL 25.00%RS-4.5 0.00%RS-4.5 0.00% View Level Level 0.00%Level 0.00%Level 0.00%Level 0.00% Total Physical Adjustments 2.50% 20.00% 0.00% -15.00% Total Adjusted Price/Acre $ 36,249 $ 49,482 $ 58,439 $ 44,219 Average Adjusted Price/Acre $ 47,097 Median Adjusted Price/Acre $ 46,850 Minimum Adjusted Price/Acre $ 36,249 Maximum Adjusted Price/Acre $ 58,439 Adame Realty Advisors APPRAISAL CONSULTING 27 COMPARABLE Greenwood DrI n 2.15 miles NW 5 } COMPARABLE No.3 Kostoryz Rd &Masterson 0.28 MilP-5 NW SURIECT 4 r & ori« �a .. � Via'SyY.ry � ,'.',�y y - Saratoga Blvd& Kostoryz Rd dCOMPARABLE No.2 ; . 3445 Saratoga Blvd 0.43 mlh�s SW Nr COMPARABLE No.4 Cabaruss NavW Fie Pd 0A4 miles E } 050 ,. Creek:. � ,: �:�, 'Cbrp.ChrAs i yfP 4 t E a� rt 0 0 14# 97 AGs, r J"=! I[Y ''.g f A `n' yUa �,I,� '�.r �,� . i� o3f'f7� .�;i'fi''�;?�`e� '.'�.(�:""�E]�`" ^�. -;t'ri fail:r. LAND COMPARABLES MAP 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 RECONCILIATION AND FINAL OPINION OF VALUE Due to the fact that the subject property is vacant land, only the Sales Comparison Approach was used in our estimation of value. Sales Comparison Approach—Land Value (25.33 Acres) With respect to the land valuation, we were able to identify several comparables sales which we felt were similar to the subject property. Based on the land sales available to the appraiser, an appropriate price per acre of$47,000 was determined. At this unit price, the subject has an overall indicated value of$1,200,000 (when rounded). This analysis has been detailed and thorough. From experience we are competent to perform this appraisal. We concluded that the final opinion of value should be based on the Sales Comparison Approach. In my opinion, the MARKET VALUE of the "As-Is" fee-simple interest of this property, as of March 15,2019, is as follows: ONE MILLION TWO HUNDRED THOUSAND ($1,200,000.00) DOLLARS Mame Realty Advisors AFP107 RAISRL.CONSULTING 29 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 COMPETENCY OF THE APPRAISERS Chris Adame, Vice-President of "Adame Realty Advisors"is a Certified General Appraiser as approved by Texas Licensing and Certification Board. Mr. Adame has had considerable experience, both as a researcher and as a real estate consultant. He holds the CCIM designation, is a general associate member of the Appraisal Institute, and is well qualified to analyze this type of property. Kristen M. Bennett is a Certified General Appraiser as approved by Texas Appraiser and Licensing and Certification Board. Ms. Bennett was the principal preparer of this appraisal assignment. Ms. Bennett has had considerable appraisal experience and is well qualified to analyze this type of property. Mame Realty Advisors AFP107 RAISRL CONSULTING 30 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 ADDENDA Mame Realty Advisors AFP107 RAISRL CONSULTING 31 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 QUALIFICATIONS Christopher A.Adame, CCIM EXPERIENCE: Education in finance and real estate with "Bachelor of Business Administration" degree from Texas A&M University, College Station, Texas-1995. Analyzed and produced quarterly statistical market reports on the Dallas, Texas; Atlanta,Georgia; New Orleans, Louisiana and Austin, Texas commercial markets. Performed fee based consulting assignments, mainly in the form of new construction feasibility and project repositioning. - Jamison Research, Inc. -Dallas, Texas (1996-2000) Responsible for creating and maintaining commercial real estate reporting methodologies. Developed statistical software and theories to aid in the production of quarterly market reports on the top 40 real estate markets in the United States. - CoStar Group -Bethesda, Maryland (2000-2002) PRESENT RESPONSIBILITIES: Currently a State Certified General Real Estate Appraiser and consultant operating as Vice-President of Adame Realty Advisors with offices at 901 North Upper Broadway, Suite 305, Corpus Christi, Texas 78401. Continuing with Appraisals, Consultations, Investment Analysis, and Market Studies. Certification Number TX-1334856-G(expires April 30, 2019). Member of Certified Commercial Investment Member (CCIM) Institute. Recipient of designations as Certified Commercial Investment Member(CCIM),Pin 48468 awarded 1999. General Associate Member of the Appraisal Institute. Member of the Builders Association of Corpus Christi. Mame Realty Advisors APPRAISAL.CONSULTING 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 Sexaz 0.ppraim licenoing anb Certifitation 30oarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1334856 G Issued: 04/2112017 Expires: 04/30/2019 Appraiser: CHRISTOPHER AARON ADAME Having provided satisfactory evidence of the qualifications required by the Texas Appraiser Licensing and Certification Act,Texas Occupations Code, -- Chapter 1103, is authorized to use this title, Certified General Real Estate ugias E.oid ixon Appraiser. Commissioner Adam! Realty Advisors APPRAISAL CONSULTING 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 KRISTEN M. BENNETT RESUME & QUALIFICATIONS EXPERIENCE: Born in Corpus Christi,Texas. Graduated from Texas A&M University—College Station in 2001 with a Bachelor of Business Administration in Finance. State Certified General Real Estate Appraiser,License#TX-1336635-G,expires 1/31/2021. APPRAISAL EDUCATION: Principles of Real Estate Appraisal 2003 Lincoln Graduate Center Practice of Real Estate Appraisal 2003 Lincoln Graduate Center National USPAP Course 2003 Lincoln Graduate Center Marshall& Swift Seminar 2004 South Texas Chapter of the Appraisal Institute Appraisal of Residential Property 2004 Lincoln Graduate Center National USPAP Course 2005 Lincoln Graduate Center Appraisal Review 2005 Lincoln Graduate Center Commercial Investment Appraisal 2005 Lincoln Graduate Center Writing the Narrative Appraisal Report 2005 Lincoln Graduate Center Income Property Valuation I 2006 Lon Morris College Income Property Valuation II 2006 Lon Morris College Residential Market Analysis and Highest and Best Use 2006 Robinson Real Estate School Scope of Work: Expanding Your Range of Services 2007 South Texas Chapter of the Appraisal Institute National USPAP Update Course 2008 South Texas Chapter of the Appraisal Institute Online Small Hotel/Motel Valuation 2008 Appraisal Institute Online Analyzing Operating Expenses 2008 Appraisal Institute Online Advanced Internet Search Strategies 2009 Appraisal Institute Online Rates and Ratios: Making Sense of GIMs,OARS,and DCF 2010 Mame Realty Advisors APPRAISAL.CONSULTING 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 Appraisal Institute Online 2010-2011 National USPAP Update Course 2010 McKissock Online Current Issues in Appraisal 2011 McKissock Online What Commercial Clients Would Like Appraisers to Know 2012 Appraisal Institute Online Construction Details and Trends 2012 McKissock Online 2012-2013 National USPAP Update Course 2013 McKissock Online Residential Report Writing: More Than Forms 2013 McKissock Online 2014-2015 National USPAP Update Course 2014 McKissock Online Land and Site Valuation 2014 McKissock Online Fundamental Concepts of Analysis 2014 McKissock Online Cool Tools: New Technology for Real Estate Appraisers 2015 Appraisal Institute Online Appraisal of Owner Occupied Commercial Properties 2016 McKissock Online Avoiding Mortgage Fraud for Appraisals 2016 McKissock Online 2016-2017 National USPAP Update Course 2016 McKissock Online The New FHA Handbook 4000.1 2017 McKissock Online Introduction to the Uniform Appraisal Dataset 2018 McKissock Online Essential Elements of Disclosures and Disclaimers 2018 McKissock Online 2018-2019 National USPAP Update Course 2018 McKissock Online Residential Property Inspection for Appraisers 2019 McKissock Online Sales Comparison Approach 2019 McKissock Mame Realty Advisors APPRAISAL CONSULTING 25.33 Acres-Kostoryz Rd. &Saratoga Blvd. Corpus Christi,Texas 78415 Texa.5 01ppraior licenginq anb Certification �Baarb P.O. Box 12188 Austin, Texas 78711-2188 Certified General Real Estate Appraiser Number: TX 1336635 G Issued: 01/23/2019 Expires: 01/31/2021 Appraiser: KRISTEN MICHELE BENNETT Having provided satisfactory evidence of the qualifications required by the J Texas Appraiser Licensing and Certification Act, Texas Occupations Code, Chapter 1103, is authorized to use this title, Certified General Real Estate uglas E.Old ixonn Appraiser. Commissioner Adam! Realty Advisors AN* 107 APPRAISAL.CONSULTING Corpus Chr s[i Engineering C.C.I.S.D. Land Purchase Council Presentation March 22, 2022 _ Land Location Engineer i�ig LW7111sarr; tr- TRACT 7- x — a - i �[� CCIS❑ i MAP KEY , u CCISD OWNED TRACT 2 CC OWNED CCISD DRAINAGE CHANNEL �; CCIS❑ CCISD -, Y . 5ARATa rt;A BOULEVAR❑ ,. Land Purchase Corpus chr sti Engineering • The City owns 2 tracts of land on the Kostoryz/Carroll Drainage Channel near the intersection of Saratoga Blvd and Kostoryz Rd. • The tracts are adjacent to the Corpus Christi ISD new Mary Carroll High School development. • There are no future needs or plans for the tracts and selling the tracts would not affect drainage requirements in the area. Land Purchase Corpus Chr sti Engineering • City (Development Services & Public Works) and CCISD signed Memorandum of Understanding to allow CCISD to proceed with plat application and avoid construction delays. • CCISD would purchase 0.89 acres of land for $50,000 • (Tract 1 - 0.8449 acres, Tract 2 - 0.0391 acres) • Purchase price based on appraisal of adjacent CCISD property valued at $47,000 per acre • City would use the $50,000 for traffic mitigation costs on Kostoryz Road 4 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting of March 22, 2022 1852 Second Reading Ordinance for the City Council Meeting of March 29, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation DanteG(a)cctexas.com (361) 826-3133 Lease Agreement with Landry's Seafood and Steak House CAPTION: Ordinance authorizing a 5-year lease agreement with Landry's Seafood and Steak House — Corpus Christi Inc. to operate a restaurant on Peoples Street T-Head with monthly payments of $7,950 through March 2023; $8,427 through March 2024; and $9,000 through March 2027, or 2.75% of monthly gross sales, whichever is greater, with effective date of April 1 , 2022. SUMMARY: Parks and Recreation is requesting execution of a 5-year lease agreement with Landry's Seafood and Steak House — Corpus Christi Inc for continued operations on People's T- Head. BACKGROUND AND FINDINGS: Landry's Seafood and Steak House — Corpus Christi Inc. has successfully maintained a lease at the Corpus Christi Marina since 2010. The most recent 5-year lease agreement between the City of Corpus Christi and Landry's expired on December 31 , 2019. As per that agreement, Landry's has remained on a month-to-month lease agreement that requires a monthly payment of $7,500 until such time that a new lease agreement is established. In pursuance of creating a new lease agreement, the Parks and Recreation Department requested an Appraisal Report from Lowery Property Advisors, LLC to develop an opinion of the market value of the property located at 600 N Shoreline Blvd, which Landry's Seafood and Steak House — Corpus Christi Inc. has occupied since 2010. The report concluded that the property value, as of September 29, 2021 , was valued at an estimated $9,000 for monthly ground lease rent. In consideration of the Appraisal Report, the new lease agreement will include an escalated fee structure, which Landry's Seafood and Steak House — Corpus Christi Inc. has agreed to. The new lease agreement is as follows: $7,950 per month or 2.75% of monthly "Gross Sales", whichever is greater, from April 1 , 2022 through March 31 , 2023, $8,427 per month or 2.75% of monthly "Gross Sales", whichever is greater, from April 1 , 2023 through March 31, 2024, and $9,000 per month or 2.75% of monthly "Gross Sales", whichever is greater, from April 1 , 2024 through March 31 , 2027. Landry's Seafood and Steak House — Corpus Christi Inc. has proven to be a valuable tenant of the Marina. They have consistently provided monthly payments in a timely manner, exhibited excellent customer service, and performed all requested changes and repairs when asked. Marina staff has referred to Landry's Seafood and Steak House — Corpus Christi Inc. as a model tenant. Parks and Recreation recommends approving the new 5-year lease agreement as presented. In the Marina, there is a separate, privately owned barge that leases space from the City, but is not a commercial operation. The lease agreement for this privately owned barge will be presented to Council soon. This barge, along with the barge utilized by Landry's, are similar vessels; however, the lease agreements of the two vessels differ due to Landry's being utilized for commercial operations. ALTERNATIVES: An alternative would be to offer Landry's Seafood and Steak House — Corpus Christi, Inc. an alternate lease agreement providing continuance of a month-to-month lease with a rate of$7,500. This alternative is not recommended as the City would receive significantly less total revenue, and Landry's Seafood and Steak House — Corpus Christi, Inc. has agreed to the proposed lease agreement with an escalated fee structure. FISCAL IMPACT: Overall, $520,524 would be generated in revenue from the proposed agreement of which $55,650 is expected for FY22, $98,739 is expected for FY23, $105,135 is expected for FY24, $108,000 for FY25 and FY26, and $45,000 for FY27. FUNDING DETAIL: Fund: 4700 Marina Fund Organization/Activity: 35300 Marina Operations Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 323000 Bayfront Revenues RECOMMENDATION: Staff recommends approval of this ordinance authorizing a 5-year lease agreement with Landry's Seafood and Steakhouse — Corpus Christi, Inc. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance authorizing a 5-year lease agreement with Landry's Seafood and Steak House - Corpus Christi Inc. to operate a restaurant on Peoples Street T-Head with monthly payments of $7,950 through March 2023; $8,427 through March 2024; and $9,000 through March 2027, or 2.75% of monthly gross sales, whichever is greater, with effective date of April 1, 2022. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a 5-year lease agreement with Landry's Seafood and Steak House - Corpus Christi Inc. to operate a restaurant on Peoples Street T-Head with monthly payments of $7,950 through March 2023; $8,427 through March 2024; and $9,000 through March 2027, or 2.75% of monthly gross sales, whichever is greater, with effective date of April 1 , 2022. 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 1 LEASE AGREEMENT BETWEEN LANDRY'S SEAFOOD AND STEAK HOUSE — CORPUS CHRISTI, INC. AND THE CITY OF CORPUS CHRISTI THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § This lease ("Lease") is entered into between the City of Corpus Christi ("City"), a Texas municipal home-rule corporation, acting through its duly authorized City Manager ("City Manager"), and Landry's Seafood & Steak House - Corpus Christi, Inc., a Texas corporation ("Lessee"); The City, in consideration of Lessee's faithful performance of the conditions and covenants contained in this Lease, leases to Lessee a dockside area in the Corpus Christi Marina ("Marina"), as follows: Section 1. Preamble Language. The preamble language included above this initial numerated section in incorporated into this Lease by reference and made a part of this Lease for all intents and purposes. Section 2. Premises. Lessee is granted use of sufficient berthing space on the north side of the Peoples Street T-Head, to accommodate a barge restaurant to be permanently moored pursuant to US Coast Guard rules and regulations, and related site improvements, including the additional adjacent space designated "Boardwalk" on the attached Exhibit A (all areas collectively referred to as the "Premises"), which is incorporated in this Lease by reference. Section 3. Permitted Uses. (A) Lessee must use the Premises primarily as a restaurant, to include outside dining, and secondarily as a bar. (B) Lessee may use the bar, as a secondary use only, to sell and serve alcoholic beverages if Lessee has complied, and remains in compliance, with all State and local laws, rules, regulations, and ordinances. Additionally, the bar may be used by Lessee for the sale of souvenirs and other merchandise secondary to and as appropriate to complement food and drink service. (C) The business operation must be confined to the barge restaurant, Boardwalk, and deck areas within the Premises. 2 (D) This Lease is not an exclusive right to operate a restaurant in the Marina area. Section 4. Term. The term of this Lease shall begin on April 1, 2022 and will be for five (5) years, unless terminated earlier as provided herein. Thereafter, the Agreement shall become month-to-month until a new lease has been re-negotiated. Section 5. Lease Rate and Payments. (A) From April 1, 2022 through March 31, 2023, the Lessee shall pay the City a base lease rate of $7,950.00 per month or 2.75% of monthly "Gross Sales", whichever is greater (the "Lease Payment'); and then (B) From April 1, 2023 through March 31, 2024, the Lessee shall pay the City a base lease rate of $8,427.00 per month or 2.75% of monthly "Gross Sales", whichever is greater (the "Lease Payment'); and then (C) From April 1, 2024 through March 31, 2027, the Lessee shall pay the City a base lease rate of $9,000.00 per month or 2.75% of monthly "Gross Sales", whichever is greater (the "Lease Payment'). (D) "Gross Sales" means all sales of food, drink, souvenir items, and all merchandise of any kind, prepared, produced or sold on the Premises or sold on the Peoples Street T-Head, excluding credit card transaction fees and sales, consumption and alcoholic beverage taxes. (E) Payments must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9277, Corpus Christi, TX, 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX, 78401. Section 6. Lease Payment Abatement. (A) The monthly Lease Payment shall be abated during the time Lessee ceases restaurant business operations as set forth hereinafter: (1) in preparation for closure due to the implementation by a legally authorized official of the City of Corpus Christi or Nueces County of a declaration that requires the cessation of all normal operations of the restaurant in accordance with Lessee Hurricane Preparedness Plan ("Hurricane Plan"), a copy of which is attached as Exhibit C and incorporated in this Lease by reference, or any other condition declared by a legally authorized official of the City of Corpus Christi or Nueces County that requires the cessation of all normal operations of the restaurant; 3 (2) whenever the barge is rendered substantially unusable because of damage resulting from fire, water, wind, or force majeure; or (3) in the event major repair, renovation, or construction prohibits access to and through the Peoples Street T-Head. (B) In the event that a condition in subsection (A) of this section occurs and Lessee desires to claim a Lease Payment abatement, Lessee must notify the City's Marina Superintendent, City Manager or the Marina Superintendent's designee ("Marina Superintendent') in writing within three (3) business days following the occurrence of a condition stated in subsection (A) of this section or as soon as practical under the circumstances, providing the date, time, and reason for cessation of restaurant business operations and the expected date of resumption of restaurant business operations. (C) Lessee must resume its restaurant business operations as soon as practical after a condition that caused the cessation of restaurant business operations no longer exists. Lessee must provide the Marina Superintendent with written notice within 24 hours after resuming restaurant business operations. (D) The Lease Payment abatement amount will be a pro rata share of the minimum monthly Lease Payment due for each day of cessation of business as provided herein. Section 7. Monthly Financial Statements; Audit of Records. (A) Lessee must keep strict and accurate books of account and records of Gross Sales and of all receipts collected. (B) Lessee must furnish monthly statements of Gross Sales, certified by an authorized officer of Lessee, in accordance with generally accepted accounting principles and procedures and in a form approved by the City's Director of Finance. (C) Lessee's books and records must be open for inspection by the City Manager at all reasonable times. (D) All underlying documentation for Lessee's certified monthly statements, including, but not limited to, cash register and computer terminal tapes, must be preserved by Lessee for at least three (3) years. The City Manager may terminate this Lease for failure to preserve such records or provide them to the City upon the City Manager's request. (E) The City Manager or designee may audit Lessee's books and records at any time to verify Gross Sales for any period within three (3) years prior to an audit. 4 (1) "Books and records" includes, but is not limited to, all documents related to the conduct of the business such as: general ledgers, accounts receivables and payables, sales journals, inventory records, daily and periodic summary re-ports, cash register and computer terminal tapes, bank deposit slips, bank statements, tax reports to State and Federal agencies, and discount and rebate records. (2) Any additional payments due the City, as may be determined by an audit, must be paid by Lessee to the City, with annual interest of 10% from the date the payment became due, within 30 days of such determination and notice to Lessee. (3) Audits will be conducted at the administrative offices of the City's Park & Recreation Department, 1201 Leopard Street, Corpus Christi, Nueces County, Texas, 78401, and Lessee must make its books and records available at such time as required by the City's Auditor. If first agreed to in writing by the City's Marina Superintendent, the audit can be conducted at another site, provided Lessee's reimburses the City for the travel, food, and lodging expenses of City staff necessary to conduct the audit. (4) If the audit shows that Lessee has understated Gross Receipts by 3% or more, the entire expense of the audit must be paid by Lessee's. Section 8. Delinquency and Default Regarding Lease Payments. (A) Lessee is "delinquent" if the City has not received Lessee's monthly Lease Payment and certified financial statement on or before 5:00 p.m. on the 10th day of the month in which the payment and certified financial statement are due. If the 10th day on the month falls on a weekend or holiday, the Lease Payment and certified financial statement must be tendered on the first business day thereafter. (B) Lessee is "in default" if Lessee fails to pay the amount due or provide the certified financial statement within ten (10) business days after the City Manager has sent a written notice of delinquency requesting the payment, certified financial statement, or both. A default for failure to pay the amount due or provide the certified financial statement constitutes grounds to terminate this Lease. Section 9. Lessee Responsibilities. Lessee, shall: (A) Pay for the installation, maintenance, and use of all of its utilities including, but not limited to, water, sewer, sanitation, electricity, natural gas, and telephone; (B) Comply with all Federal, State, and local laws, rules, regulations, and ordinances, as each may be amended, including, but not limited to, Chapter 12 of the City's Code of Ordinances and the Marina Rules and Regulations, and ensure that its employees, agents, and representatives comply as well; 5 (C) Maintain the Premises and all improvements in a good and safe condition during the Lease term; (D) Renew and refresh landscaping at the Premises; (E) Maintain the barge restaurant, mooring lines, spuds, pilings, and anchors at all times in a satisfactory state of repair, as specified by the Marina Superintendent; (F) Perform grounds maintenance for the area north of the center of the head portion of the Peoples Street T-Head, as shown on the attached Exhibit B, which is incorporated in this Lease by reference, to include, without limitation, litter control of all grass and landscaped areas and the parking lots utilized by its restaurant customers, except for such times as the City leases such property to other third parties; (G) Raise the barge restaurant if it sinks, regardless of the cause of its sinking; (H) Remove the barge restaurant from the Marina in the event of extensive damage, destruction, sinking, or partial sinking, regardless of cause; (1) Ensure that no pollutant, effluent, liquid or solid waste material, bilge water, litter, trash, or garbage issued from the Premises is allowed to collect in the waters of the Marina or in the vicinity of the barge restaurant or parking areas utilized by restaurant customers. Lessee must regularly inspect and police the vicinity of the Premises for such materials and promptly clean up and remove such materials in order to maintain the cleanliness and attractiveness of the Marina; (J) Ensure that the noise level issuing from the Premises is reasonable and not discernibly audible to a person of normal hearing sensitivity standing along the east curb lines of Shoreline Boulevard (northbound); (K) Regularly inspect and maintain fire fighting systems and equipment in the highest degree of readiness and regularly conduct training for employees in fire prevention and emergency procedures; (L) Pay all operating expenses incurred by Lessee in connection with its restaurant business operations; (M) Pay all ad valorem taxes which may be assessed against the Premises, that are associated with Lessee use of the Premises, prior to their past due date; (N) Properly maintain and clean the grease traps, trash dumpsters, trash dumpster area and vessel bilges, in accordance with applicable local ordinances and State health regulations, at least once every month or more frequently as needed; and 6 (0) Remove the barge restaurant from the Marina at termination or expiration of the lease. Section 10. Repairs and Maintenance to Barge. (A) Lessee must obtain all required permits from the City prior to commencing repairs. (B) For all repairs, Lessee must provide the Marina Superintendent with a written description of the type of maintenance requested and the estimated time frame to start and complete the maintenance requested, at least one week prior to the requested start date. (C) Lessee agrees to provide Marina Superintendent with copy of records regarding maintenance (including regular maintenance) for the barge within one week of maintenance. (D) Lessee may not make any major repairs or perform any major maintenance to the Barge during such times that a City approved special event is open to the public on the Peoples Street T-Head. Section 11. Improvements/Additions/Alterations. (A) Lessee may not make any improvements, additions, or alterations to the Premises, the Marina facilities, the exterior of the barge restaurant, or the Boardwalk without the prior written approval of the Marina Superintendent and the City Manager. Lessee must also obtain clearance, in writing, from the City's Risk Manager as required by this Lease. (B) If approved, any improvements, additions, or alterations made by Lessee to the Premises must comply with all applicable Federal, State and City codes, ordinances and regulations. (C) Lessee acknowledges and agrees that all improvements, additions, and alterations that may be made to the Premises, including the Boardwalk area, during the term of this Lease become the property of the City upon the earlier termination or expiration of this Lease. Notwithstanding anything contained herein to the contrary, the barge restaurant shall remain the property of the Lessee. (D) Lessee shall utilize barge restaurant for its restaurant at the Premises. (E) Prior to any construction, Lessee shall contact City Risk Manager to obtain updated insurance requirements for the construction. Lessee must provide evidence of all required insurance prior to construction. Section 12. Restaurant Operations. Lessee shall carry out the restaurant operations in a businesslike manner at all times. The hours and days of operation during the term of this Lease must be comparable to those of other restaurants in the City that place emphasis upon lunch and evening meals. Section 13. Hurricane Preparedness. If the City or the surrounding area is threatened by a hurricane or other emergency weather situation, Lessee shall comply with all orders of the Marina Superintendent pursuant to the Hurricane Preparedness Plan, as set out in Exhibit C. Additionally, Lessee agrees to replace any mooring lines connected to the barge restaurant when necessary but in no event more than every two years during the term of this agreement. Section 14. Sanitation. Lessee shall store garbage and trash aboard the barge restaurant or upon the Peoples Street T-Head at a location designated by the Marina Superintendent. All garbage and trash stored in designated areas upon the T-Head must be stored in dumpster-type containers. Such containers must be housed inside a small building, screened or appropriately landscaped, and all at Lessee's expense and as approved by the Marina Superintendent. The garbage container area must be maintained by Lessee. Lessee shall obtain garbage pickup no less than five (5) days per week. Lessee may not store anything outside either the dumpster itself or the dumpster housing. Lessee will construct concrete pad in the operational area apron of the dumpster to reduce damaged to asphalt caused by dumpster service vehicles. Lessee shall relocate its dumpster at Marina Superintendent's direction. During days of special events approved by City which occur at the Peoples Street T-Head, Lessee may be required to alter its daily dumpster pickup, including weekends at the sole discretion of the Marina Superintendent and at Lessee's sole cost. Section 15. Parking. Lessee restaurant customers may park on the stem and head portion of the Peoples Street T-Head, provided, however, that such parking areas may not be utilized by Lessee for the exclusive use of Lessee and its employees and customers. Parking on the Peoples Street T-Head is subject to the City street closure process. For example, during City-approved street closure or special events of Peoples Street T-Head, Lessee (and its employees and customers) may not have access to use of parking areas on the Peoples Street T-Head. Section 15.1 Special Events. (A) Lessee acknowledges that City may authorize special events on the Peoples Street T-Head, such as the Texas International Yacht Show, which may impact vehicular access to the Premises. (B) During days of City-approved special events at Peoples Street T-Head which include street closures on Peoples Street T-Head, vehicular access to Lessee's 8 premises will be restricted to deliveries made at least one hour prior to opening of special event for the day and deliveries made after the special event has closed for the day. (C) Lessee's customers and Lessee's staff access to the Premises during any days of special events approved by the City may be further restricted as follows: (1) Access to Premises when special event is opened to the public: (a) Lessee's customers may be required to pay the price of an admission ticket in order to enter the People's Street T-Head to access the Premises during such special event(s) as approved by the City that allow for the charge of admission for entry to the Peoples Street T-Head. (D) Access to Premises when special event is closed to the public and during special event setup and takedown. (1) During times when a special event is closed to public, and during special event setup and takedown times, Lessee's customers and staff will have access to the Premises only via golf cart shuttle service paid for by Lessee, and only under such terms and conditions approved by the City Manager. Such terms and conditions may include but are not limited to the following: (a) Lessee must indemnify City, the special event organizer and its sponsors for Lessee's operation of shuttle service in accordance with the indemnity provision below. (b) Lessee must obtain the attached insurance for the shuttle service. (c) Lessee shall pay for off duty Corpus Christi police officers to stand guard at restaurant and at each entrance into People's Street T-Head to ensure that Lessee's customers and staff travel via shuttle directly between restaurant and entrances. The off-duty Corpus Christi police officers shall coordinate with the special event security staff. (d) Lessee's customers shall not be allowed to walk through special event site unless the special event is open to public and customer has paid admission ticket. (e) Lessee's staff shall not be allowed to walk through special event site unless the special event is open to public and staff is reporting to work. (f) Marina Superintendent and special event sponsor shall establish hours for operation of golf cart shuttle. 9 (g) Lessee may not operate golf cart shuttle service during times that the special event is opened to the public. (E) Lessee agrees to indemnify and hold harmless the City of the Corpus Christi, any special event organizer and their sponsors, their officers, agents, representatives, and employees (collectively "Indemnitees") for the operations of shuttle service by Lessee at People's Street T-head. Landry's covenants to fully indemnify, save, and hold harmless the Indemnitees from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and iudgments asserted against or recovered from any of the Indemnitees on account of injury or damage to persons or property (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any iniury, damage, or loss may be incident to, arise out of, or be caused by Lessee's operation of a shuttle service. Notwithstanding anything contained herein to the contrary, Lessee shall not indemnify and hold harmless any one or more of the Indemnitees to the extent that any injury, damage or loss is caused by the negligent acts, omissions or willful misconduct of any one of them. Lessee covenants and agrees that, if any of the Indemnitees are made a party to any litigation commenced by any party relating to operation of shuttle service, Lessee shall, upon receipt of reasonable notice re_garding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees in all actions based thereon with legal counsel satisfactory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or iud bments. (F) Lessee agrees to provide City Marina Superintendent with evidence of insurance before operation of golf cart shuttle service if needed to access the Premises due to special events. Lessee must ensure that its shuttle service will be operated in safe manner by responsible drivers at all times. If shuttle service is operated in unsafe manner, then Lessee's authority for shuttle service operation is subject to immediate termination by the City of Corpus Christi Marina Superintendent without further notice. (G) Lessor reimbursement for special event(s). When there is a multi-day special event approved by the City which includes street closures of the Peoples Street T-Head which prohibit vehicular access to the Premises, Lessee shall receive a credit of 50% of the monthly Lease Payment due for the month in which the special event commences. The credit is capped at 50% of one month's Lease Payment due for the month in which the special event commenced. 10 Section 16. Sanitary Sewer. (A) Lessee shall operate its sanitary sewer facilities in accordance with the City Code of Ordinances, Section 13-201, as amended, and City Code of Ordinances, Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, as amended. (B) The City warrants sewer service from the lift station only so long as electrical service to the station is not disrupted by storm, accident or other hazards, or catastrophe. Standby power to operate the lift station is not available at the beginning of this Lease nor is it planned by the City. Section 17. Inspection. Any officer or authorized employee of the City may enter upon the Premises, including the barge restaurant, at all reasonable times and without notice, to determine whether Lessee is providing maintenance required by this Lease, to inspect the restaurant operations, to enforce this Lease, for purposes of any fire or police action, or for any other purpose incidental to the City's retained rights of and in the Premises. Section 18. Signs and Lighting. (A) Lessee may not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (B) The City may require Lessee to replace, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within 15 business days of the Marina Superintendent's written demand, the City may do or cause the work to be done, and Lessee shall pay the City's costs within 30 days of receipt of Marina Superintendent's invoice. Failure to pay the amount due within 30 days from receipt of an invoice constitutes grounds to terminate this Lease. (C) Lessee may not erect or affix any new or modified lighting fixtures ("Lighting") at, on, or about the Premises, or any part thereof, without the prior written approval of the City Manager. (D) If approved, the new or altered Signs and Lighting must comply with the City's Code of Ordinances and the City's zoning ordinance, as each may be amended. Section 19. Assignment or Sublease. (A) Lessee may not, without the prior written consent of the City's City Council ("City Council"), such consent not to be unreasonably withheld, assign this Lease or sub- lease any portion of the Premises. Any attempted assignment or sublease, without the prior written consent of the City Council may, in the City Manager's sole discretion, render this Lease null and void. 11 (B) In the event of the City Council's consent to an assignment or sublease of this Lease, each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee or sublessee and is partial consideration for the City Council's consent to the assignment or sublease. Any failure of the assignee or sublessee to strictly comply with each provision, term, covenant, obligation, and condition stated in this Lease may, in the City's Manager's sole discretion, render this Lease null and void. Section 20. Non-discrimination. Lessee covenants and agrees that it shall not discriminate nor permit discrimination against any person or group of persons,with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, gender, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take such action as the United States may direct to enforce this covenant. Violation by Lessee of this covenant constitutes grounds for the City to immediately terminate this Lease. Section 21. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both the City and Lessee will act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. Lessee shall employ sufficient employees to operate the restaurant business and such employees must be solely in the employ of Lessee. Section 22. Termination and Damages Prior To Expiration. If Lessee causes termination of this Lease prior to expiration, Lessee must pay the City, within 30 days of termination, liquidated damages in the amount of $34,500 to offset income the City will lose due to early termination of this Lease. The liquidated damages paid by Lessee will provide revenue to the City while the City attempts to find a new restaurant operator or other revenue source. Section 23. Termination upon Default. The City may terminate this Lease if Lessee fails to comply with any provision, term, covenant, obligation, or condition of this Lease and fails or refuses to cure the default within a reasonable time after receiving written notice of the default. Notwithstanding the immediately preceding language, default of Section 20 of this Lease will subject this Lease to immediate termination. Section 24. Removal of Barge and Pilings. Lessee must remove the barge restaurant and the pilings from the Marina no later than day of termination or expiration of this Lease, at Lessee cost and without damage to City property. No extensions will be permitted. 12 Section 25. Indemnification. (A) Lessee ("Indemnitor") covenants to fully indemnify, save, and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from the City on account of injury or damage to persons or property (including, without limitation on the foregoing, premises defects, workers' compensation, and death claims), to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessees'performance pursuant to this Lease; (2) Lessees' use of the Premises and any and all activities associated with the Premises; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees of any law, rule, regulation, ordinance, or government order of any kind pertaining directly or indirectly to this Lease; (4) the exercise of rights under this Lease; or (5) an act, omission, or criminal violation on the part of Lessee, its officers, employees, agents, representatives, contractors, patrons, guests, licensees, or invitees entering upon the Premises including Boardwalk area with or without the express or implied invitation of Lessee, or of Indemnitees, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, omission, or criminal violation is caused or is claimed to be caused by the sole, contributing, or concurrent negligence of Indemnitees, but not if such damage or injury results from the gross negligence or willful misconduct of the Indemnitees. (B) Lessee covenants and agrees that, if the City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in all actions based thereon with legal counsel 13 satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said claims, demands, actions, damages, losses, costs, liabilities, expenses, or judgments. (C) The provisions of this section survive the earlier termination or expiration of this Lease. Section 26. Insurance. (A) Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as delineated in Exhibit D, which is attached to this Lease and incorporated in this Lease by reference. Lessee must provide the City's Marina Superintendent and the Risk Manager with a Certificate of Insurance, stating the levels and types of coverages, at least 30 days prior to the annual anniversary date of the effective date of this Lease. (l3) The language on the Certificate of Insurance must provide that the City's Marina Superintendent and the Risk Manager receive at least 30 days advance written notice, by certified mail, of any cancellation, non-renewal, or material change in the insurance policy required in Exhibit D. (C) The Risk Manager retains the right to annually review the limits and types of insurance required by this Lease, to require increased coverage limits and types, if necessary in the interest of public health, safety, or welfare, or to adequately insure the Premises, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee will receive at least 30 days written notice of the revised re-insurance requirements. Lessee shall procure the revised insurance limits and types within 30 days of receipt of written notice of the revised insurance requirements and provide written proof of insurance to the City's Marina Superintendent and the Risk Manager. (D) Lessee shall, prior to the construction of any improvement, addition, or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed improvement, addition, or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 11(A) of this Lease. In the event that the Risk Manager determines that the improvement, addition, or alteration necessitates increased insurance coverage, Lessee shall procure such increased insurance coverage within the time specified by the Risk Manager. 14 Section 27. Taxes. (A) Lessee shall pay all taxes, license and permit fees, and other fees required to operate the Premises. Lessee shall also pay all taxes that Lessee use of the Premises causes to be assessed against the Premises, and any Fixed Asset and Personal Property taxes appurtenant to the Premises. Lessee shall pay all taxes prior to the due date. (B) Further, Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to the United States Internal Revenue Service's Circular E, entitled "Employer Tax Guide", Publication 15, as it may be amended, prior to their respective due dates. Lessee shall provide proof of payment of these taxes within 30 days after payment is due or the Marina Superintendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. Section 28. Notice. (A) All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid, to the addresses stated below; (3) by prepaid telegram; (4) by deposit with an overnight express delivery service; or (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. 15 (C) All such communications must be made only to the following: IF TO THE CITY : IF TO LESSEE: City of Corpus Christi Landry's Seafood & Steak House-Corpus Christi, Inc. Attn: Marina Superintendent Attn: General Counsel P.O. Box 9277 1510 West Loop South Corpus Christi, TX 78469-9277 Houston, Texas 77027 (361) 826-3983 Office Ph: (713) 850-1010 (361) 883-4778 Fax email: sscheinthal(cD-ldry.com acantwella-ldry.com (D) Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change or fax number change within ten (10) days after the address or number is changed. Section 29. No debts. Lessee shall not incur any debts or obligations on the credit of the City during the term of this Lease and including during any Holdover Period that may occur. Section 30. Modifications. This Lease may be modified by the parties if the parties enter into a separate development agreement for the City's Marina area during the term of this Lease. No other changes or modifications to this Lease may be made nor any provision waived unless made in writing and signed by persons duly authorized to sign agreements on behalf of each party. Section 31. Interpretation; Venue. This Lease is to be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 32. Captions. The headings contained in this Lease are for convenience and reference only and are not intended to define or limit the scope of any provision. Section 33. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance, as required by the City Charter, in the legal section of the local newspaper. Section 34. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Lease. The waiver of any covenant or condition or of the breach of any covenant or condition of this Lease 16 by either party at any time, express or implied, may not be taken to constitute a waiver of any subsequent breach of the covenant or condition nor justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Lease. If any action by Lessee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants of this Lease, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default shall not be construed to be a waiver of any subsequent breach nor shall the failure to require full compliance with this Lease be construed as changing the terms of this Lease or estopping the parties from enforcing the terms of this Lease. Section 35. Force Majeure. No party to this Lease is liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, or riots or interference by civil or military authorities. Such delays or failures to perform extend the period of performance until these exigencies have been removed. Lessee shall inform the City in writing of proof of such force majeure within three (3) business days or otherwise waive this right as a defense. Section 36. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises, including, but not limited to, the Boardwalk area, must be surrendered upon the expiration, termination, or cancellation of this Lease in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 37. Enforcement Costs. In the event any legal action or proceeding is undertaken by the City to repossess the Premises, collect the rent payment(s) due pursuant to this Lease, collect for any damages to the Premises, or to, in any other way, enforce the provisions of this Lease, Lessee agrees to pay all court costs and expenses and such sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding or, in the event of an appeal, as allowed by an appellate court, if a judgment is rendered in favor of the City. 17 Section 38. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations set forth in this Lease that (1) the parties have expressly agreed survive any such termination or expiration, including, but not limited to, Section 25; (b) remain to be performed; or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 39. Acknowledgment and Construction of Ambiguities. The parties expressly acknowledge that they have each independently read and understood this Lease. By Lessee execution of this Lease, Lessee agrees to be bound by the terms, covenants, and conditions contained in this Lease. Furthermore, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the City's City Council and executed by the City Manager. By agreement of the parties, any ambiguities in this Lease are not to be construed against the drafter. Section 40. Severability. (A) If, for any reason, any word, phrase, paragraph, provision, or section of this Lease or the application of such language to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of said language to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of the parties to this Lease that every word, phrase, paragraph, provision, or section of this Lease be given full force and effect for its purpose. (B) To the extent that any word, phrase, paragraph, provision, or section of this Lease is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease or by a final judgment of a court of competent jurisdiction and in lieu of each such illegal, invalid, or unenforceable language, a word, phrase, paragraph, provision, or section, as similar in terms to such illegal, invalid, or unenforceable language as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 41. Entire Agreement. This Lease document and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee operations and the Premises to be used in the operations. This Agreement takes effect on date of last signature. 18 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Peter Zanoni City Secretary City Manager Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney 19 LESSEE: Landry's Seafood & Steak House - Corpus Christi, Inc., a Texas corporation By: Steven L. Scheinthal Vice President Legal MA" _ Date: f-erq , 2022 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the day of WabvAag4, 2022, by Steven L. Scheinthal, Vice President of Landry's Seafood & Steak House - Corpus Christi, Inc., a Texas corporation, on behalf of said corporation. LISA SARACENE Notary Public, State of Texas A G°:Notary Public,State of Texas =_ Comm.Expires 12-03-2025 Printed Name: Notary ID 10677476 �. ca �QJ(� -CLAL My commission expires: l I. ZO o1� 20 Incorporated by reference: Exhibit A: Overview of Leased Premises Exhibit B: Grounds Maintenance Area Exhibit C: Hurricane Preparedness Exhibit D: Insurance Requirements 21 Exhibit A ,KF r v, r'1 f I I"i f u. }� w' A C o� R �) �d n� 22 Exhibit B /I C o 2 y es • o aw 0 _N•"�_ f 1: Is � r• a r� o w Ir AREA OF GROUNDS MAINTENANCE RESPONSIBILITY 23 EXHIBIT C HURRICANE PREPAREDNESS IIURRICANE/EMERGENCY ACTION PLAN This Hurricane/Emergency Action Plan (hereafter Plan) for (Lessee) property and facilities has been developed with the coordination and approval of the Emergency Management Office, Parks & Recreation and Police Departments of the City of Corpus Christi. It is current for the 2008 hurricane season and thereafter until replaced,rescinded, or amended. This Plan will be reviewed by the Marina Superintendent and Lessee's General Manager on an annual basis prior to June 1 st and any updates, corrections and/or revisions will be forwarded to the Emergency Management Office by that date. LESSEE CONTACT LIST General Manager: Contact Name and Contact Information: CORPUS CHRISTI MARINA KGY PERSONNEL - Office: 361-826-3980 Jonathan Atwood- Marina Superintendent Juan Vallejo - Dockmaster GOVERNMENT OFFICES Police Department .................. 886-2600 National Weather Service: Fire Department ..................... 880-3900 Recorded Forecast ......... 289-1861 Emergency Operations Center ...... 826-1100 Office ........................ 289-0959 Emergency Management Office ... 826-1100 Parks& Recreation Office .. 880-3461 GENERAL PROVISIONS 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator, Director of the Parks and Recreation or Marina Superintendent. 2. It shall be the sole responsibility of Lessee owners/operators to remove decks, trailers and all equipment, inventory, furniture,materials and supplies from the premises and to secure the facility. 3. It shall be the sole responsibility of Lessee to insure no pollutants enter the waters of the Marina from any operation owned/operated by Lessee i.e.,grease traps,garbage,materials, etc. 4. All owners/operators, managers, employees will be required to evacuate the Marina Complex when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. The Marina Staff will secure the Marina Complex and insure all persons are notified of the danger. 5. The Marina Office has issued Emergency Passes to key employees of Lessee. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina (i.e. a copy of the lease document or a Marina Emergency Pass). INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster possibility than is normally present. This condition will automatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year,remaining in effect through November 30th each year); or other general conditions; such as fire threat, due to severe drought. CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans and utilize the media and other sources to recommend various protective actions to the public. 24 LESSEE ACTION: Lessee General Manager will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than June 1 st. Lessee will prepare a contingency plan for decks and trailers from the premises; (2) disconnecting power and utility services from barge; (3) having grease traps vacuumed; (4) removing objects from outside the restaurant; and (4) otherwise securing the premises. CONDITION NUMBER 3 (YELLOW) - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to life or property. This condition might be generated by such events as a hurricane watch, tornado watch, severe thunderstorm watch, or presence of hazardous material in transit through the city by rail, truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thirty-six hours and/or within one hundred miles of the City of Corpus Christi. CITY ACTION: The Marina Superintendent or his designee will: - advise Lessee of any changes in Condition as advisories or declarations are received. - advise Lessee IF and WHEN information is received on utility shut offs. CP&L secures their service when they determine it is in jeopardy without notice to the Marina.The Marina may shut off power if high waters make conditions dangerous. - initiate/continue removal of watercraft from the Marina Complex until it is determined the operation is unsafe due to weather/road/equipment conditions. Marina rescue boats will be hauled out prior to cessation of haul out operations. - relocate essential City records, tools, equipment and supplies to a safe location. - ensure all loose items in Marina are secured. LESSEE ACTION: - cease all normal operations of the restaurant and begin preparations for removing any loose items located upon the Premises and otherwise securing the Premises. - begin removing all refrigerated foods from the premises. - have all grease traps vacuumed. - begin moving inside or removing all equipment, decks, trailers, dumpsters, building materials, vending machines, potted plants, street furniture or other objects owned or placed on the property by Lessee which are stored on the premises. CONDITION NUMBER 2 (ORANGE) - Situations Exist That Have Definite Characteristic of Developing Into A Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a hazardous situation which has a 25 significant potential and probability of causing loss of life and/or damage to property. CONDITION 2 will usually require some degree of warning the public of a potential disaster. This condition might be generated by such events as a hurricane warning,tornado warning, severe thunderstorm warning, or any other notification of the existence of a direct threat such as a toxic material spill, major fire, growing civil disturbance, etc. One such situation when this condition will be declared is when the National Weather Service indicates the possibility of a hurricane landfall within twenty-four hours or close enough to cause damaging winds or rising tides in the City of Corpus Christi. CITY ACTION: complete any remaining hurricane preparations and begin evacuating all persons from the Marina Complex. LESSEE ACTION: complete any remaining hurricane preparations and evacuate all employees from the Marina Complex. CONDITION NUMBER 1 (RED)-Hazardous Conditions Are Imminent-This condition will be used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike, landfall predicted in 12 hours or less, tornado strike, large explosion, widespread civil disturbance,damaging tides,or other similar events will constitute a"Condition One"declaration. CITY ACTION: - ensure that all hurricane preparations throughout the Marina Complex have been completed and all persons have evacuated the Marina Complex. LESSEE ACTION: Lessee will have completed all preparations prior to this Condition and are required to evacuate all Lessee employees from the Marina Complex. HURRICANE PASSED: Marina staff will report to duty, as directed by the City's Bad Weather Policy, for damage assessment and appraisal, facility clean up and repair, launching operations, security, etc. Access to the Marina Complex will be restricted to persons presenting evidence of tenancy issued by the Corpus Christi Municipal Marina(i.e. a copy of the lease document or a Marina Emergency Pass). APPROVED on the dates written. 26 Lessee Landry's Seafood & Steak House—Corpus Christi, Inc. By: ate: ftwd,7 Uy?/ Steven L. Scheinthal Vice President Legal City of Corpus Christi, Parks & Recreation Department By: Date: City of Corpus Christi, Police Department By: Date: City of Corpus Christi, Emergency Management Office By: Date: 27 EXHIBIT D INSURANCE REQUIREMENTS FOR RESTAURANT OPERATION I. LESSEE'S LIABILITY INSURANCE A. Lessee(Landry's)must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies.Endorsements must be provided with Certificate of Insurance.Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. Commercial General Liability including: $5,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 28 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL RFOUIREMENTS A. n/a. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-(VII). Notwithstanding the foregoing, the Lessor and City hereby agree and acknowledge that it shall be reasonable for the Lessee to carry or maintain insurance policies as required herein that provide for self-insurance retentions and/or deductibles not to exceed $500,000. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Lessee agrees that,with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 29 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10)calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s)which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. 11. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2021 Insurance Requirements Ins. Req. Exhibit Landry's Lease Agreement 04/02/2021 Risk Management -- Legal Dept. 30 so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting March 22, 2022 1852 Second Reading Ordinance for the City Council Meeting March 29, 2022 DATE: March 8, 2022 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 289-0171 Ordinance authorizing a lease agreement with NavyArmy Community Credit Union to provide ATM service at the Corpus Christi International Airport CAPTION: Ordinance authorizing a five-year lease, with one five-year renewal option, with NavyArmy Community Credit Union to provide two automatic teller machines (ATMs) in the terminal at the Corpus Christi International Airport in exchange for payment of$1 ,000 monthly ($500 per ATM). SUMMARY: NavyArmy Community Credit Union (NACCU) will lease two locations for ATM service inside the Corpus Christi International Airport (CCIA) terminal building. The first-floor location is next door to the public restrooms near the west side escalators in the non- restricted area. The second location is behind the restricted area located between the coffee and gift shop. BACKGROUND AND FINDINGS: Bank of America (BOA) who had a long-standing lease with CCIA decided not to move forward with the current lease; thus, creating a void of ATM services. During this lease tenure, BOA only had one ATM location in the Airport. Now there will be two locations, one per floor. After much investigation and research, NACCU was the only interested party who could provide ATM service for CCIA. A transition plan will be implemented to facilitate a smooth and uninterrupted transfer of services to potentially impacted airport customers. ALTERNATIVES: None. FISCAL IMPACT: NACCU will be charged a monthly rental rate of $500 per machine. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 —Airport Administration Mission Element: 888 Project # (CIP Only): N/A Account: 320360 RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval at their regularly scheduled February 2022 meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Presentation Ordinance authorizing a five-year lease, with one five-year renewal option, with NavyArmy Community Credit Union to provide two automatic teller machines (ATMs) in the terminal at the Corpus Christi International Airport in exchange for payment of $1,000 monthly ($500 per ATM). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or his designee, is authorized to execute a five-year lease, with one five-year renewal option, with NavyArmy Community Credit Union to provide two automatic teller machines (ATMs) in the terminal at the Corpus Christi International Airport in exchange for a total payment of$1,000 monthly ($500 per ATM). A fully-executed copy of the lease will be placed on file with the Office of the City Secretary. 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 ATM LEASE AGREEMENT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT THIS LEASE AGREEMENT ("Lease") is entered into by and between the City of Corpus Christi ("City") and the NavyArmy Community Credit Union ("Lessee"). WHEREAS, the City owns and operates the Corpus Christi International Airport ("Airport"), which includes both real property and improvements, with one complex of buildings known and referred to as the Airport's terminal ("Terminal"); WHEREAS, the City has determined that leasing space in the Terminal for placement of an automatic teller machine ("ATM") on the first and second floors of the Terminal is desired and appropriate to meet the needs of airline passengers within the Terminal; and WHEREAS, Lessee has offered to provide two ATMs in the Terminal in exchange for two separate leased spaces (referred to as "Premises 1" and "Premises 2" when necessary in context; collectively, the two leased spaces are referred to as the "Leased Premises") and remittance by the Lessee of monthly rental fees. NOW, THEREFORE, in consideration of the rental payments, undertakings, and covenants included in this Lease, the parties agree as follows: SECTION 1 — PREMISES 1 .1 The City leases a portion of the Airport to the Lessee, as such Airport is depicted on Exhibit A-1, which exhibit is attached to and incorporated into this Lease by reference. More specifically, the City grants to Lessee the right and privilege to install, operate, maintain, replace, and repair two ATMs inside the Terminal at the Airport and leases the space required for the same as shown in the attached Exhibit A-2, the content of such exhibit being incorporated by reference as if fully set out here in its entirety ("Leased Premises"). Each ATM space is 5' x 5', measuring approximately 25 square feet. Each space, denoted as Premises 1 and Premises 2, are located in the Terminal, with Premises 1 located on the lobby floor and Premises 2 located post-security on the second floor. 1 .2 It is recognized by both parties that Terminal conditions may change the location(s) where such ATMs are installed in Premises 1 or 2, making it necessary and desirable for the benefit of the traveling public to revise, move, rearrange, or reconstruct part or all of the Terminal and/or the placement location(s). In such an event, it is agreed that the City shall have the right to move and redesignate Premises 1 and/or 2 to another location, provided the substituted premises are comparable to the previous premises and, provided further, that any such move for the convenience of the City shall beat no expense to the Lessee. In such event, Lessee will not be required to close down in its currently occupied premises until Lessee can move the ATM into the new premises. SECTION 2 — TERM The term of this Lease is five years, commencing April 1 , 2022, and ending March 31 , 2027. This Lease may be renewed for one additional five-year term upon the written approval of the City Manager or his designee ("City Manager"), and an authorized representative of Lessee. SECTION 3 — FEES & PAYMENT 3.1 Lessee agrees to pay the City the monthly minimum amount of $500 per ATM ($1 ,000 aggregate) ("Aggregate Lease Fee"). In the event this Lease is renewed for an additional five- year term, the monthly minimum amount is $575 per ATM ($1 ,150 aggregate). 3.2 If an ATM is added or removed pursuant to the terms of this Lease, then the Aggregate Lease Fee will be increased or decreased accordingly, and the monthly amount due, following an addition or removal, is the applicable modified Aggregate Lease Fee for the ATMs based on the number of ATMs onsite. 3.3 The monthly Aggregate Lease Fee is due and payable on or before the 1 st day of each month. Notwithstanding the foregoing and due to the initial communications testing requirements on each ATM prior to placing an ATM into service, payment of the Aggregate Lease Fee does not commence until the 1 st day of the month next following installation of an ATM in either Premises 1 or 2. 3.4 Lessee shall determine the transaction surcharge fees for each ATM location and agrees not to charge more than $3.50 per ATM transaction to the customers using the ATMs located at the Leased Premises. SECTION 4— FACILITIES & SERVICES TO BE PROVIDED BY CITY The City shall: A. Provide adequate electrical service and heat, air conditioning, and ventilation to the Leased Premises. B. Maintain and repair utility, heating, and air conditioning systems supplied at the Leased Premises. C. Install the necessary power connections and conduit required for the use of the Leased Premises for the placement of the ATMs. SECTION 5 — EQUIPMENT & SERVICES TO BE PROVIDED BY LESSEE The Lessee shall: A. Provide, furnish, construct, install, operate, and maintain at its own expense all fixtures, furnishings, equipment, and related items necessary to the conduct of Lessee's ATM operation, except for those services to be performed by City as identified above in Section 6.C. All furnishings, equipment, and trade fixtures furnished and installed by Lessee shall remain the property of Lessee during the term of this Lease. B. Maintain at Lessee's expense all necessary equipment, electrical wiring, and telephone wiring within the Leased Premises for the operation of the ATMs. The cost of electrical Page 2 of 9 power over and above the amount required to provide normal and sufficient lighting to be at Lessee's expense. C. Provide necessary maintenance, repair and servicing of said machine in a timely manner. D. Ensure that access to Lessee's ATM machine complies with all applicable provisions of the Americans with Disabilities Act of 1990, as it may be amended from time to time. E. Upon mutual agreement of the parties, Lessee may add additional ATMs at any of the Leased Premises' locations. F. Provide new ATMs for the withdrawal of cash only. SECTION 6 — INGRESS/EGRESS Subject to the reasonable rules of the City, Lessee, its employees, servants, patrons, invitees, suppliers of materials and furnishers of services shall have the right of ingress to and egress from the Leased Premises. SECTION 7 — SIGNS The Lessee may operate the Lease Premises under any trademark, logo, or service mark permitted by applicable laws or regulations. The Lessee may install and maintain illuminated electric and other signs advertising the ATM business available from the Lessee and displaying such trademarks, logos and service marks, subject to the prior approval of the Aviation Director as to the dimensions, size, and type of connectivity of the signage, which approval shall not be unreasonably withheld. SECTION 8 — NOTICES 8.1 All notices, statements, demands, requests, consents, approvals, and authorizations permitted or required under this Lease by either party to the other must be in writing and either hand-delivered or sent by certified mail, return receipt requested, with postage prepaid, and addressed as follows: If to City: Corpus Christi International Airport Attn: Director of Aviation 1000 International Drive Corpus Christi, TX 78414 If to Lessee: NavyArmy Community Credit Union Attn: President P.O. Box 81349 Corpus Christi, Texas 78468-1349 8.2 Notice is deemed received on the day it is hand-delivered and on the third day if sent by certified mail. Page 3 of 9 SECTION 9 —ASSIGNMENT; SUBLETTING This Lease cannot be assigned, transferred, pledged, or otherwise encumbered without the prior written approval of the City. Lessee shall not sublet the use or operation of any part of the Leased Premises nor shall the Leased Premises be utilized for any purpose other than the required performance by Lessee pursuant to this Lease without the prior written approval of the City Manager. SECTION 10 — AMENDMENTS; SUBORDINATION 10.1 This Lease may be amended in writing by the City Manager and an authorized representative of Lessee. The terms of this Lease and any amendments to the same shall be binding upon the successors and approved assigns of the parties. 10.2 If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Leased Premises, or accept a relocation or reduction in size of the Leased Premises until Lessee and City have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. 10.3 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 subsection 16.3 or subsection 16.2 above, is to remove any or all of the Leased Premises from the control of the Airport or to substantially destroy the value of the Leased Premises, then this Lease shall terminate immediately without any further obligation on the part of City to the Lessee. It is understood and agreed that nothing contained in this Lease shall be construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive possession of the Leased Premises. SECTION 11 — INDEMNITY, INSURANCE & LIABILITY 11.1 Lessee agrees to indemnify and hold harmless the City and its officers, employees, representatives, and agents (collectively, "Indemnitees") from all claims, actions, and suits of every kind and description brought against the Indemnitees or which may result from, or be on account of, any injury, loss, or damage received or sustained by any person, persons, or property by or from acts of the Lessee, in providing, servicing, or the use of an ATM pursuant to this Lease. 11.2 Lessee agrees to indemnify and hold harmless the Indemnitees against any claims or liability arising from or based upon the violation of any federal, state, or City law, regulation, or rule by Lessee, its employees, Page 4 of 9 agents, or representatives at or in any way pertaining to the Leased Premises and Lessee's operations. 11 .3 In the event that damage by fire, flood, hurricane, or other natural disaster, or damage caused by an act of terrorism is sustained at any time to any portion of the Leased Premises, the City shall have the option to take one of the following actions: A. Terminate this Lease, in which event the Aggregate Lease Fee payable by Lessee shall abate and any prepaid portion thereof will be refunded; or B. Repair the damage within a reasonable time at the City's expense, subject to the availability of budgeted funds, in which event the Aggregate Lease Fee, or the monthly fee attributable to a single ATM if the damage only affects Premises 1 or 2 individually, shall abate for only so long a time as and only in the event the Leased Premises (or Premises 1 or 2, if a single ATM is affected) is in an untenable condition or the public is denied access to the Leased Premises, if wholly affected, or Premises 1 or 2. 11 .4 Protection against loss by fire, flood, hurricane, other natural disaster, or an act of terrorism to Lessee's equipment, furniture, and fixtures, and the contents of the Leased Premises shall not at any time be an obligation of the City. 11 .5 Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit B, the content of which is incorporated into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager not less than 30 days prior to the annual anniversary date of the effective date of this Lease. The Risk Manager will annually assess the level and types of insurance required by the Lessee. The Risk Manager may increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the effective date of the Lease. Lessee shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. SECTION 12 — TERMINATION BY CITY 12.1 In addition to any other termination rights contained in this Lease, the City shall have the right, upon 30 days' advance written notice to Lessee, except as may be otherwise provided in this section, to terminate this Lease at any time following the occurrence of any one or more of these events: A. Non-payment of any monthly fees due to the City under this Lease if such non-payment continues for a 10-day period following written notice to Lessee of such non-payment. In such event, termination shall be effective upon the expiration of the 10-day period. B. If any petition shall be filed by or against Lessee to declare it bankrupt or to delay, reduce, or modify its debts or obligations, if Lessee's property shall be made available for the benefit of creditors, or if a receiver or trustee is appointed for it or its property, the City may treat the occurrence of any one or more of the foregoing events as a breach of the Lease and thereupon may terminate the Lease without notice, and immediately enter and repossess the Leased Premises covered by this Lease. Page 5 of 9 C. Abandonment by Lessee of the Leased Premises, or Premises 1 or 2, and discontinuance of ATM operations at the affected location for a period exceeding 30 days. D. Non-performance of any covenant of this Lease, excluding the covenant of payments as addressed in this section, and failure of Lessee to remedy such breach following receipt of written notice from the City of the existence of said breach and a reasonable opportunity to cure. E. Lessee becomes permanently deprived of the rights, powers, and privileges necessary to conduct proper operation of one or more of the ATMs specified in this Lease. F. Damage by fire, flood, hurricane, other natural disaster, or an act of terrorism to the Leased Premises, as addressed in Section 11 of this Lease. SECTION 13 — TERMINATION BY LESSEE 13.1 In addition to any other termination rights contained in this Lease, this Lease is subject to termination by Lessee at any time following the occurrence of any one or more of these events: A. The permanent abandonment or closure of the Terminal building containing the Leased Premises; B. Issuance by any court of competent jurisdiction of an injunction that in any way prevents or restrains the use of Premises 1 or 2 and the remaining in force of such injunction for a period in excess of 90 days; or C. The default by the City in the performance of any covenant required to be performed by the City, and the failure of the City to remedy such default for a period of 30 days after receipt of written notice by Lessee to remedy the same; and 13.2 Upon termination of this Lease for any reason, Lessee at its sole cost and expense, shall remove from the Leased Premises and Terminal all equipment, trade fixtures, and all other items installed or placed in the Terminal. If Lessee shall fail to do so within 10 days of the date of termination, then, the City may undertake such removal and any required restoration of the Leased Premises at the sole cost and expense of Lessee, and Lessee agrees to pay the City such costs and expenses promptly upon receipt of a proper invoice. SECTION 14— DEPRIVATION OF LEASED PREMISES 14.1 If Lessee is deprived of any of the Leased Premises because the premises are rendered untenable or unfit for the uses and purposes contained in this Lease, without fault on the part of Lessee its employees, agents, or representatives, or if the public is denied normal access to the Leased Premises for any reason, the City shall make for such periods a proportionate abatement of the Aggregate Lease Fee due under this Lease. 14.2 If, within 90 days after the Leased Premises has been rendered untenable or unfit as above described or the public has been denied normal access to the Leased Premises, and the Leased Premises has not been repaired, reconstructed, or placed in operation, Lessee may give the City written notice of its intention to cancel this Lease in its entirety or as to the Page 6 of 9 Premises 1 or 2 as of the date of such damage, destruction, or denial of access without any liability or obligation being incurred thereby on the part of Lessee or the City. SECTION 15 — NON-DISCRIMINATION; AFFIRMATIVE ACTION 15.1 Nondiscrimination-General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Leased Premises; (2) in the construction of any improvements on, over, or under the Leased Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Leased Premises to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E, Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. 15.2 Nondiscrimination-Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. 15.3 Remedy for Breach. If the Lessee 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 Leased 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. 15.4 Affirmative Action. Lessee 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 Lessee shall provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub-organizations, as required by 14 CFR Part 152, Subpart E. Lessee, 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 Leased Premises and its improvements. Page 7 of 9 SECTION 16 — COMPLIANCE WITH LAWS 16.1 General. Lessee 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 Leased 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 the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. 16.2 Federal. Lessee shall 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 the U.S. Congress passes that apply to the uses and operations at the Leased Premises. 16.3 State and Local. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Lessee shall also comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. SECTION 17 — ACCEPTANCE OF PREMISES DISCLAIMER LESSEE ACKNOWLEDGES THAT IT IS LEASING THE LEASED PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE, AGENT, OR REPRESENTATIVE OF THE CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH LEASED PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE LEASED PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE LEASED PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE LEASED PREMISES. SECTION 18 — FISCAL YEAR By execution of this Lease, Lessee acknowledges that the continuation of any contract, (including this Lease, which requires the City to incur costs and expend resources), after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. Page 8 of 9 This Lease is executed in duplicate originals by the parties and is made effective upon the date of execution by the City Manager. CITY OF CORPUS CHRISTI NAVYARMY COMMUNITY CREDIT UNION City Manager or Designee Authorized Representative Printed Name Printed Name Date: Date: ATTEST: Rebecca Huerta City Secretary Approved as to form: Assistant City Attorney Date: ATTACHED AND INCORPORATED BY REFERENCE: Exhibit A-1 — Corpus Christi International Airport (Aerial Photo) Exhibit A-2 — Leased Premises (Graphic) Exhibit B — Insurance Requirements Page 9 of 9 NAVYARMY COMMUNITY CREDIT UNION (NACCU)ATM LOCATIONS - ,r. lilt r , r CCIATerminal corpus Airport r nPPI K rWD[gTl iNiTFIRNATIONA► niQarnRT N EXHIBITA-1 Prepared by: GMS W ca E U ATM LOCATIONS� ' NACC w LEASED PREMISES Approved by: KEVIN SMITH 1000 International Drive S Not to Scale Sheet No.: 1 of 1 Date: 02/28/2022 NAVYARMY COMMUNITY CREDIT UNION (NACCU)ATM LOCATIONS First Floor in Non-Secured Area Premise I Second Floor in Secured Area Premise 2 Main. Covered Outdoor Waiting Area Entrance ' • •• , !-, r _ u • Stairs&&calators •• S U I aiP:.;l ffAR // /z Coffee Shop Public Restroom Entrances ° P ~! v �l ,n Gift Shop N EXHIBITA-2 Prepared by: GMS W ca E U ATM LOCATIONS� ' NACC w LEASED PREMISES Approved by: KEVIN SMITH 1000 International Drive S Not to Scale Sheet No.: 1 of 1 Date: 03/11/2022 EXHIBIT B INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee 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. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation,non-renewal,material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this 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. 2022 Insurance Requirements Ins. Req. Exhibit 5-A Leases of City Property—Leases of City Real Property 02/18/2022; revised 2/21/2022 Risk Management—Legal Dept. Note: Exhibit Applies to Lease Space Only Exhibit Does Not Apply to Installation or Construction 4k Cjrj A Corpus Christi International Airport ATM Lease A ree nt ........... ATM Lease Agreement • Existing contract with Bank of America (BOA) has expired. • BOA represented ATM is no longer cost-effective and will remove equipment. • Lease inquiries made to banks/credit unions were facilitated by Finance. • New lease with Navy Army Community Credit Union (NACCU) • Term: 5 years with one 5-year extension • Lease effective April 1, 2022 • $1,000 total monthly rent • Benefits include: • no lapse in ATM services . additional ATM • superior customer service by providing ATM pre & post-security areas of the terminal FInstitutions ilms �................................................. 1— Public Area $1,000 $3.00 lI 1— Public Area $1,000 $1.50 Cr' A Corpus Christi 1—Secured Area ��/1ft International Airport ATM Lease Agreement Procurement of services was coordinated thru Finance Department. Responses received: • No ATM Services: • Randolph Brooks • Lumus • Not Interested in providing ATM service at CCIA: • Frost • Kleberg • Gulf Coast Credit Union • Texas Bridge Credit Union • Navy Army Community Credit Union (NACCU); up on further review NACCU reconsidered and wishes to enter into a lease agreement with CCIA. Cry ^ Corpus Christi ��w International Airport First Floor in Non-Secured Area Premise I Second Floor in Secured Area Premise 2 ti k d Covered Outdoor Waiting Area Entrance 7_F Stairs 8.Escalators ......... f rcgc Co. rs� i E Coffee / I shop T, Public Restroom Entrances ` _-_ —- ---------------------------------- Gift Shap C(Wj A Corpus Christi .i miw International Airport .�pvs c� o� � F AGENDA MEMORANDUM /NflflPORPt' First Reading Ordinance for the City Council Meeting of March 22, 2022 zss2 Second Reading Ordinance for the City Council Meeting of March 29, 2022 DATE: March 2, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera. Assistant City Manager SteveV�cctexas.com 316.826.3445 Acceptance and appropriation of the Revised Notice of Award of grant contract for the Women, Infants and Children (WIC) grant in the amount of $113,000, and appropriation of the funds for the contract period October 1, 2021, through September 30, 2022. This would increase the total WIC grant total to $1,118,493.00 for FY 22. CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate the Revised Notice of Award of a grant contract for the Women, Infants and Children Nutrition Program (WIC) in the amount of $113,000 for the contract period October 1, 2021, through September 30, 2022, subject to appropriations from Health and Human Services Commission. SUMMARY: To provide funds for personnel costs, supplies and other expenses for the WIC Program that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth). • Breastfeeding women (up to infant's 1 st birthday) • Non-breastfeeding postpartum women (up to 6 months after the birth of an infant) • Infants (up to 1st birthday). • WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. ALTERNATIVES: Refuse the grant and discontinue providing WIC services for the community. FISCAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Expenditures Fiscal Year: 2017-2018 (CIP only) Current Year Future Years TOTALS Line-Item Budget Encumbered / Expended Amount This item $113,000.00 $113,000.00 BALANCE $113,000.00 $113,000.00 Funding Detail: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831322F Mission Element: 106 Conduct Health Education Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: WIC Local Agency FY2022 2nd Quarter Revised Notice of Award Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate the Revised Notice of Award of a grant contract for the Women, Infants and Children Nutrition Program(WC)in the amount of$113,000 for the contract period October 1, 2021, through September 30, 2022, subject to appropriations from Health and Human Services Commission. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a grant from the Texas Health and Human Services Commission ("HHS") under Contract No. HHS000802100001 in the amount of $113,000, for the period October 1 , 2021 , through September 30, 2022, subject to appropriations from HHS. Section 2: The amendment will result in an increase in funding of the WIC grant total to $1,118,493.00 for Fiscal Year 2022, with said amounts appropriated in No. 1066 Health 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 TEXAS Texas Health and Human Services Commission Ito Health and Human Services Cecile Erwin Young Executive Commissioner January 24, 2022 Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA# 38 RE: Revised Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001 This is a notification of your organization's FY 2022 (October 1, 2021 to September 30, 2022) revised WIC Local Agency funding. Your organization will be receiving the funding listed below: 2Q FY2022 Current Reallocation Revised Funding Amount Project Total Project Project Contact M M M Estimated General Elsa Rodriguez $837,738 - $837,738 Admin Funding* e1sa.rodriguez2(&hhs.texas.gov Peer Counselor Asia Sartor $84,469 - $84,469 asia.sartor(&hhs.texas.aov Registered Dietitian Stephanie Holland $42,000 $18,000 $60,000 steghanie.hollandl(fths.texas.aov Lactation Services Ngoc Huynh $7,200 - $7,200 ngoc.huynh(c0hhs.texas.gov Lactation Support Betzabel Botello Center betzabel.botello(&hhs.texas.gov Innovation Center Debbie Lehman debbie.lehman(abhhs.texas.gov Dietetic Internship Melissa Mouton melissa.mouton(aahhs.texas.gov WIC-SNAP** j Beatrice Watson (NGO) Nutrition on the Go beatrice.watson(abhhs.texas.gov WIC-SNAP** Lindsey Gray (HCP) Health Care Providers Lindsey.Gray(bhhs.texas.gov $12,610 - $12,610 WIC-SNAP** Asia Sartor (Peer Text) Peer Text asia.sartor(ahhs.texas.gov WIC-SNAP** Obesity Stephanie Holland Prevention-NE steghanie.hollandl(a�hhs.texas.gov $10,000 - $10,000 WIC-SNAP** Ngoc Huynh Breastfeeding ngoc.huynh(abhhs.texas.gov P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov January 24, 2022 Page 2 Extra Funding Beatrice Watson Summer Food beatrice.watson@hhs.texas.00v $4,516 - $4,516 Program Extra Funding Tammye Farmer-Holloman $6,960 - $6,960 TXIN Internet tammye.farmerholloman@hhs.texas.gov Extra Funding Kara Nemethy Improving Participant kara.nemethy@hhs.texas.gov - $40,000 $40,000 Experience Extra Funding Tammye Farmer-Holloman Nutrition Education tammye.farmerholloman@hhs.texas.gov Extra Funding Tammye Farmer-Holloman _ $55,000 $55,000 Other tammye.farmerholloman@hhs.texas.gov Other Projects Shirley Ellis _ _ shirley.ellis@hhs.texas.gov Total $1,005,493 $113,000 $1,118,493 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR): $15.07 per participant plus any earned incentives. **Projects previously funded by the Snap-Ed grant may change to a WIC funding source. HHSC will provide notification to the impacted LAs if this occurs. This notice does not relieve the agency from seeking additional approvals as required by WIC Policy. For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual allowable costs associated with each project. If the allocation amounts on special projects are exceeded, any subsequent amount billed will be charged to your administrative WIC Funding. For questions regarding purchase requests, please contact Belinda Saunders at belinda.saunders(alhhs.texas.aov or WICLARequestsCalhhs.texas.aov. For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tammye.farmerholloman(alhhs.texas.aov. Sincerely, 4�;� nz�:) Edgar Curtis, Texas WIC Director Health and Human Services Commission cc: Annette Rodriguez, MPH, Director of Public Health P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 • hhs.texas.gov so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of March 22, 2022 1852 Second Reading for the City Council Meeting of March 29, 2022 DATE: March 10, 2022 TO: Mayor & Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Miles Risley, City Attorney M ilesR(a)cctexas.com (361) 826-3361 Approval of 2022 Redistricting Plan CAPTION: Ordinance approving the redistricting of the City's single-member City Council districts and establishing new district boundary lines for Corpus Christi City Council elections, based on the 2020 Census data. SUMMARY: The City contracted with Bickerstaff Heath Delgado Acosta LLP for redistricting counsel services Redistricting is the process of redrawing district boundaries with a goal of equal voter representation. The City Charter requires that each of the five city council districts have as near as practical the same population. After each census, the City examines the new census data to determine whether any adjustments are needed to better equalize the population in each district. BACKGROUND AND FINDINGS: On January 25, 2022, Bickerstaff provided an Initial Assessment concluding that redistricting was required upon analysis of the new 2020 census data. On February 8, 2022, the Council adopted criteria to apply to development of new districting plans, and guidelines for public participation in the redistricting process. On February 21, 2022, the Council held a special council meeting to develop a draft map ("Plan B") for public input. The following precinct adjustments were made: District 1 Add Voting Precincts 24, 31, 34, & 60. District 2 Remove Voting Precinct 31. Add Voting Precincts 2, 42, 63, 64, 90 & 92 (partial) District 3 Remove Voting Precincts 24, 34, & 60. Add Voting Precincts 32 & 119. District 4 Remove Voting Precinct 2. Add Voting Precincts 112, 113, 115 (San Patricio), 42 Kleberg). District 5 Remove Voting Precincts 17, 32 & 119. To receive public input on the draft Plan B map, the City Council held seven community input sessions —five district meetings and two general meetings. The two general meetings were hybrid meetings —virtual and in-person participation. Additionally, the City maintained a dedicated redistricting webpage that was continuously updated, and provided information in English and Spanish. A redistricting e-mail address was set up to receive written public comments. The draft map was displayed at City Hall and at every community input session. On March 8, 2022, the Council conducted a wrap-up session to consider all public input, including several citizen-initiated maps. The Council did not make changes to the Plan B map at this session. Consequently, the proposed ordinance approves the Redistricting Plan B Map. FISCAL IMPACT: None Funding Detail: None Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the ordinance as presented. SUPPORTING DOCUMENTS: Ordinance Ordinance approving the redistricting of the City's single-member City Council districts and establishing new district boundary lines for Corpus Christi City Council elections, based on the 2020 Census data. WHEREAS, the results of the 2020 federal Census have been considered and indicate that the City of Corpus Christi' s single-member City Council districts are sufficiently out of population balance to require redistricting in order to comply with the "one-person, one -vote" equal population principle established by the U.S. Constitution; and WHEREAS, the City of Corpus Christi (the " City") engaged the law firm of Bickerstaff Heath Delgado Acosta LLP to act as the City' s redistricting consultant, including advising and assisting the City Council in preparation of a new redistricting plan in compliance with applicable requirements of state and federal law; and WHEREAS, on February 8, 2022, the City Council adopted redistricting criteria and guidelines to assist the City and the public in developing redistricting plans which comply with applicable federal and state laws, and the adopted redistricting criteria and guidelines were applied in the development of the City' s new redistricting plan; and WHEREAS, during the redistricting process the City provided notice to the public of its proposed discussions and development of a redistricting plan through meeting agendas posted in compliance with the Texas Open Meetings Act and the City hosted seven public information sessions in locations throughout the City to create opportunities for residents to provide input and submit redistricting plans; and WHEREAS, the City Council has considered the proposed redistricting plan at two City Council meetings, and has considered oral and written public comments, proposed plans submitted by residents of the City, reports from the City's redistricting consultant, and a proposed plan regarding the appropriate reconfiguration of the council member districts; and WHEREAS, the City Council finds that the attached city council district redistricting plan is in the best interest of the citizens of the City, complies with the adopted redistricting criteria, and is believed to comply with all state and federal requirements, including the federal Voting Rights Act, the 1983 consent decree of Alonzo v. Jones, and the 1994 order of the Court in Alonzo v. City of Corpus Christi, which created and reviewed the City's five single-member district system in accordance with state and federal law; NOW THEREFORE, 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 hereto. Section 2. That the existing single-member City Council district boundary lines for the City of Corpus Christi are hereby amended, and the new districting plan depicted on the Redistricting Plan Map attached hereto, defining new districts, as such new districts are further described in the tables attached hereto as Population and Demographic Statistics for each such new district, is hereby adopted and designated to define the City' s five single-member City Council districts from and after the Effective Date; and that the Redistricting Plan Map and Population and Demographic Statistics are incorporated by reference in and made a part of this Ordinance, and shall be kept on file in the City Secretary' s Office. Section 3. That the five single-member City Council districts shall consist of those Nueces County voting precincts and portions of Nueces County, San Patricio County, and Kleberg Counting voting precincts that are within the city limits set out in the attached List of Voting Precincts by District and the district boundaries of said single-member City Council districts are hereby amended and adopted as the new single-member City Council district boundaries as set out on the attached Redistricting Plan Map. Section 4. That this Ordinance shall take and be given effect immediately upon passage of this Ordinance on second reading; and that thereafter all Corpus Christi City Council elections shall be held under and in accordance with the new single-member City Council district redistricting plan here adopted by the City Council, until such time as a subsequent lawfully-enacted districting plan shall be adopted to replace this plan. 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 REDISTRICTING PLAN MAP Q . r e r°" Q w 4 Legend IISchool Districts enchmark Districts Draft Plan B -----Il 2 4 15 r BMi"a Corpus Christi City Council ©2022Srck—taflMeathDdgamAcoslaLLP r Created.2!2712022 Data Source.Roads,Water and other my Draft Plan B f ataresIt._4tr°m,he2fizfi Background Image.ESRI World Street Map Tger/line files,US.Census Bureau POPULATION AND DEMOGRAPHIC STATISTICS 16 Bickerstaff Plan Name: Corpus Christi City:Council Districts -Draft Plan B Demographics Report - Summary 2020 Census Total Population Plan Last Edited on:2/21/2022 11:03:35 AM Hispanic% Non-Hispanic Non-His°panc Non-Hispanic Non-Hispanic% District Persons Ideal Size Deviation of Total White%of Black of Asian%of Other/a of Population Total Total Total Total Population Population Population Population 1 1 63,552 63,580 -0.041/ 67.49% 26.501/. 3.18% 0.68% 2.15°% 2 65,322 63,580 2.74% 70.70% 23.640A 2.82% 0.74% 2.10% 3 62,876 53,580 -1.11% 73.92% 17.10% 5.29% 1.46% 2.23% 4 64,171 63,580 0.93°% 38.78% 49.09% 4.16% 3.53% 4.44°% 5 61,977 63,580 -2.52% 52.47% 34.75% 4.12% 5.53% 3.12% TOTAL: 317,898 60.70°% 30.22% 3.91% 2.37% 2.81% Ideal Size: 317898 15=63580 Total Population: 317,898 Overall Deviation:5.26% Some percentages may be subject to rounding errors. Report Date: 2/21/202211:24:48 AM Page:1 '; `EDGE 12020 Based on: 2020 Census Geography,2020 PL94-171 `°"'""" ' Bickerstaff Plan Name: Corpus Christi City:Council Districts - Draft Plan B rb.,Heath Delgado AcostaUP Demographics Report - Summary 2020 Census Voting Age Population Plan Last Edited on:2/21/2022 11:03:35 AM Hispanic% Non-Hispanic Non-Hispanic Non-Hispanic Non-Hispanic District Total VAP* of Total VAP Anglo%of Black%of Asian%of Other%of Total VAP Total VAP Total VAP Total VAP 1 47,683 64.47% 29.40% 3.25% 0.73% 2.16% 2 50,551 67.89% 26,34% 2.82% 0.84% 2.11% 3 47,683 1 71.33% 19.34% 5.64% 1.55% 2.15% 4 50,831 35.62% 51,86% 4.57% 3.74% 4.21% 5 46,523 49.63% 37.65% 4.24% 5.61% 2.88% 243,271 57.66% 33.06% 4.10% 2.47% 2.71% *VAP-Voting Age Population Some percentages may be subject to rounding errors. Report Date: 2/21/202211:25:04 AM Page:1 ;.' F}GE 2020 Based on: 2020 Census Geography,2020 PL94-171 ' Bickerstaff Plan Name:Corpus Christi City:Council Districts-Draft Plan B �1:Hertr Demographics Report-Detailed 2020 Census Total Population Plan Last Edited on:2/21/202211:03:35 AM Non-Hispanic lrypj HAW/ Other Two or Hispanic% Black%of '.Aslan%of AM Two or Ideal Anglo%of NAT% Haw PAC %of More District Persons Size Deviatlon Hispanic of Total Al Total Black Total Asian Total Indian TOT pa[.I51. of To Other To[al More Races% Population population Population .Population Native PoP pop. pop Races Tot Pop 1 63,580 -0.04% 42,890 67.49% 16,844 26.50% 2022 3.18% 7-7-777- 63,552 0.27% 41 0.06% 191 0.30% 964 1.52% 2 65,322 63,580 2.74% 46,182 70,70% 15,444 23.64% _,341 2,82% 483 0.74% 150 0.23% _2 0,02% 225 0.34% 985 3 62,876 63,SA0 1.I.1Y.> 46,476 73.92.1- 10,751 17.10'% 3,329 5,29% 920 :,4bY 160 0,251 69 O,1_, 211 034"r„ 959 1,53ro 4 54,171 63,580 0,93% 24,884 38,781„ 31,504 49.09% 2,667 4,1G'/� 2,264 3,53n_� 204 0,32% 87 0.14% 265 011% 2,293 3,57'ry 5 61,977 63,580 -2.52% 32,520 52.47% 21,540 34.75% 7,555 4.12% 1 3,427 5.53% 153 0.261 59 0.10% 253 0.41°/„ 1,461 2.36% TOTAL: 317,898 192,952 60.70% 96,083 30.22% :2,414 3.91% 7,525 2.37% 849 0.27% 268 0.08% 1,145 0.36% 6,662 2.10% Ideal Size: 31789815=63580 Total Population: 317,898 Overall Deviation: 6.26% Some percentages may be subject to rounding errors. Report Date: 2/21/2022 11:25:34 AM Page:1 ; Based on:2020 Census Geography,2010 PL94-171 Plan Name:Corpus Christi City:Council Districts-Draft Plan B r'6.7 Bickerstaff 1�i Heath Delgado Acada LLP Demographics Report-Detailed 2020 Census Voting Age Population Plan Last Edited on:2/21/2022 11:03:35 AM % AM IND %AM IND % Twoor Total Hispanic Anglo %Anglo %Black Asian an HAW/PAC Other %Other %Twoor District Hispanic Black VAP NATIVE NATIVE HAW/PAC More VAP VAP VAP VAP VAP VAP VAP VAP VAP VAP VAP VAP VAP VAP Races VAP ore VAP 1 47,683 30,739 64.47% 14,018 29.40% 1,552 3.25% 346 0.73% 142 0.30% 26 0.05% 144 0.30% 720 1.51% 2 50,551 34,317 67.89% 13,316 26.34% 1,425 2.82% 424 0.84% 129 0.26% 12 0.02% 184 0.36% 744 1.47% 3 1 47,663 34,013 71.33% 9,221 19.34% 2,689 5.64% 738 1.55% 126 0.26% 54 0.11% 153 0.32% 690 1.45% 4 50,831 18,104 35.62% 26,360 51.86% 2,325 4.57% 1,899 3.74% 169 0.33% 79 0.16% 201 0.40% 1,693 3.33% 5 46,523 23,088 49.63% 17,517 37.65% 1,972 424% 2,609 5.61% 144 0.31% 41 0.09% 169 0.36% 984 2.12% TOTALS: 243,271 140,261 57.66% 80,432 33.06% 9,963 4.10% 6,016 2.47% 710 0.29% 212 0.09% 851 0.35% 4,831 1.99% 'VAP-Voting Age Population Some percentages maybesubject to rounding errors. Report Date: 2/211202211:26:19 AM Page:1 Based on:2020 Census Geography,2020 PL94-171 LIST OF VOTING PRECINCTS BY DISTRICT District 1 District 2 District 3 District 4 District 5 1 2 4 6 3 7 5 15 * 8 26 9 39 16 * 18 29 21 42 20 19 * 67 23* 43 32 40 88 24 48 70 65 115 30 50 71 81 116 31 53 74 91 124 33 56 78 92 (Partial) 125 34 57 80 117 126 38 58 93 120 127 * 41 59 95 122 128 44 61 98 45 62 106 Melberg 46 63 112 42 47 64 113 49 66 114 * San Patricio 51 68 118 112 52 69 119 113 60 72 121 115 76 73 79 75 82 77 99 83 100 84 101 85 103 * 86 107 * 87 110 89 111 * 90 123 92 (Partial) 94 96 97 109 *Indicates partially inside and outside the city limits. Plan C - Citizen Submitted Nuc e5 Def,,Pr.su.,. fort a i i GALALLEN i eingleside Port Aransas ;NORTHWEST On-the-Bay .ir- ,� .C'orpus Christi Robstown CENIIR.n zyl- BAY AREA Petroniba i 1_lit r s o.ana�41 aaces Whiftq 614«43 4 —i.P P-fk� s MUSTANG. H�m6., popula3inn Hispania Maya.i.2.aa. R DRE 0o ze,ans3s .z6.6n.s350 °"' 40% la% 6% 39% 3% o°a Mi—nyis ANBD •1 63.906 -5,]65.145© '," 5% 1% ]I% 2% 0% Hispank •2 63,3]8 -5,]65,]23 034% 6% 2% 571 3% 0% Hispanic •3 61.84] -5.]fi4.254 0 13% 5% 2% 80% 2% 0% Hispanic •4 63,762 -5.765.339 0 48% 5% 6% 40% 3% 0% Mmnw—lit— •5 62,— -5,]6],024 p !_-. 331 6% 6% 55% 2% - Hispanic Plan D - Citizen Submitted 1 � r f l Populodon ID Total +l- un u 1 61.802 -2.66% 2 64,427 1.34% 3 63,970 0.6346 0 0.00+, 0.00„ 000 0.00 0.00. 0.00 0.001 1 os,400 2s.os 0..3s� 0�. 4I., 4 62,647 -1.46% 2 s,,osa 3o 0s_ ee9zx sz.�a�a� I'll 3 ".:: '0,11 21e� 5 64.937 2.15% 4 a0,2za :, as a3� 3aa�� naow na�� za2x oa2x, 63,671a 4.01% 5 .a,e.9 aa.e... aaae. 0.— Plan D - Variation 1 - Citizen Submitted 5000010 n cfa H9 003 Part of 15 from Mocks artof A8007iKg009 Pa 'diYii 10'1 H:0 ds from 3610i>y y Yromi95 kx 1 1 Y83 H:D H ` II ,,i1i, H-1.883 fff � a Pa fro ` 11: Paf-54 MO&I 19 H:0 .827,.._ fmm 5 _._.., ,-�'. W:176 OW24 H'.20 W163 ;1 ,fYfi H 939 T '�H 1, RB Tof 4335500D/ _ from 25 OiaJ:; lt)U(J72j. 00',155 `3 74 ,3701 H:3 (I` m. Parto 5c me 606091 1 7 112393 6 H. 1 .2,3w 600018 W,2609 Pana a 5000127.. .2,192 H:1A50 23 Mdd., '000126 -1,246 A rn W:669', x'1:2,174 17 000681 :2' W.3,312 H:567 000040 I W:3347 H:61 artof48273DDDD42 from.761ocK. 1:0 H:0 POp{d9Uon o.mo91.phl-(VAP) ID Total +/- Total White Mincri.y Hispanic Black Asian Native Pacific Un 0 0 0.06% 000% a_00% 6.66% 0.66% 0.00% 0.00% - -- 1 61,882 -2.66% ' 45,406 25.65°. 74.35% 67.90% 4.76% 0.86% 2.06% 0.15% 2 64,427 1.34% 2 51,664 30.08°: 6942% 62.31% 5.12% 1.54% 2.52% 0.14% 3 49,015 191- BOMB% 73.07% 5.38% 1.87% 2.09% 0.18% 3 64,624 1.65% 4 49,228 51.57% 48.43% 36.87% 4.69% 4.81% 2.82% 0.32% 4 62,647 -1 46% 5 48,533 38.32% lllf ILII 48.81% 5.25% 6.42% 2.30% 0.25% 5 64,283 1.12% 48,649 33.04% ICIkII�AI 57An 5.04% 3.13% 236% 0.21% "An 1% PLAN E - CITIZEN SUBMITTED } m� i District Total Pop Devation Total VAP White Minority Hispanic Black Asian Native Pacific 1 62,745 -1.30% 47,085 29.70% 70.30% 64.13% 4.00% 1.08% 2.34% 0.19% 2 66,744 4.99% 52,072 27.53% 72.47% 65.55% 4.68% 1.45% 2.35% 0.11% 3 62583 -1.56% 47,202 17.57% 82.43% 73.59% 6.57% 1.89% 1.98% 0.17% 4 62,860 -1.12% 48,797 53.33% 46.67% 35.05% 4.679,G 4.99% 2.75% 0.29% 5 62,931 -1.01% 48,090 36.88% 63.12% 50.19% 5.330/. 6.30% 2.38% 0.28% Summary 63,573 6.55% 48,649 33.04% 66.96% 57.68% 5.04% 3.13% 2.36% 0.21% PRECINCT LIST DISTRICT 1 DISTRICT 2 DISTRICT 3 DISTRICT 4 DISTRICT 5 OLD NEW OLD NEW OLD NEW OLD NEW OLD NEW 1 1 5 2 4 4 2 6 3 3 7 7 31 5 15 15 5 8 17 17 9 9 39 39 16 16 6 18 26 26 21 21 43 41 20 20 8 19 29 29 23 23 48 42 24 70 18 40 32 32 30 24 50 43 34 71 19 81 67 67 31 30 53 48 60 74 40 90 88 88 33 31 56 50 70 78 42 91 115 115 38 33 57 53 71 80 63 92 116 119 41 34 58 56 74 93 64 117 119 124 44 38 59 57 78 95 65 120 124 125 45 44 61 58 80 97 81 122 125 127 46 45 62 59 93 98 90 126 47 46 66 61 95 106 91 49 47 68 62 98 112 92 51 49 69 63 106 113 117 52 51 72 64 112 114 120 76 52 73 65 113 116 122 79 60 75 66 114 118 126 82 76 77 68 118 121 99 79 83 69 121 100 82 84 72 101 99 85 73 103 100 86 75 107 101 87 77 110 103 89 83 111 107 94 84 123 110 96 85 111 97 86 123 109 87 89 94 96 109 so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council meeting of 3/22/22 1852 Second Reading for the City Council Meeting of 3/29/22 DATE: March 17, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Amendment to the Corpus Christi Code to authorize the Building Official to Disconnect Utility Services for Revocation of Certificate of Occupancy or to Remedy a Code Violation CAPTION: Ordinance amending Corpus Christi Code to add section 55-40 to authorize the Building Official to disconnect utility services for revocation of certificate of occupancy or for failure to remedy a violation of code resulting in a danger to the life, health, or safety of the public or the occupants of a building; and providing for publication. SUMMARY: This Ordinance amends the Corpus Christi Code to add section 55-40 to authorize the Building Official to disconnect utility services to a multifamily, commercial, institutional, or industrial building or structure for revocation of certificate of occupancy or for failure to remedy a violation of a national model code resulting in a danger to the life, health, or safety of the public or the occupants of a building. BACKGROUND: Currently the City may disconnect water and wastewater utilities resulting from delinquent payment; however, there is no provision in the City Code for disconnection to address the revocation of Certificates of Occupancy or to remedy code violations resulting in a danger to life, health, or safety of the public or the occupant of a building. The Building Official also has authority to authorize disconnection of utility services as provided by a national model code adopted in the City. Under the International Building Code, the Building Official's authority is limited to emergencies where the utility disconnection is necessary to eliminate an immediate hazard to life and property. This would expand authority to address national model code violations. The ordinance will authorize the Building official to disconnect service utilities to a multifamily, commercial, institutional, or industrial budling or structure regulated by a national model code adopted by the City when: (1) A utility connection has been made without the required authorization; (2) The Building Official has revoked a certificate of occupancy for the building or structure; or (3) The Building Official finds (a) the building or structure is in violation to a national model code adopted by the City and (b) the violation is a danger to the life, health, or safety of the public or the occupants of the building. Prior to disconnection, the Building Official shall: (1) Place visible notice on the front door of building/structure of the intent to disconnect utilities; (2) Attempt to notify the owner of the building/structure of the decision to disconnect utilities; (3) Give the owner at least 72 hours to remedy the deficiency; and (4) Give the owner at least 72 hours to request a hearing before the Building Official and present evidence at the hearing. ALTERNATIVES: Denial of an Ordinance amending the Corpus Christi Code to authorize the Building Official to disconnect utility services for revocation of certificate of occupancy or to remedy a code violation. FISCAL IMPACT: There are no fiscal impacts associated with this item. RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Corpus Christi Code to add section 55-40 to authorize the Building Official to disconnect utility services for revocation of certificate of occupancy or for failure to remedy a violation of code resulting in a danger to the life, health, or safety of the public or the occupants of a building; and providing for publication. Whereas, the Texas Public Utility Commission of Texas rules do not apply to municipal water and wastewater utilities that adopt its own rules (16 Tex. Admin. Code § 24.377); and Whereas, the City Council finds that the provision of utilities to a multifamily, commercial, institutional, or industrial building or structure attracts the public to such building, thereby causing and magnifying the danger to life, health or safety caused by that building's violation of a national model code adopted by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Corpus Christi Code Chapter 55, Article is amended by adding Section 55-40 Authority to disconnect service utilities to read as follows: Sec. 55-40 Building Official's Authority to disconnect service utilities. (a) The building official may authorize disconnection of utility service to a multifamily, commercial, institutional, or industrial building or structure regulated by a national model code adopted by City when: (1) a utility connection has been made without the required authorization; (2) the building official has revoked a certificate of occupancy for the building or structure; or (3) the building official finds: A. the building or structure is in violation of a national model code adopted by the City; and B. the aforementioned violation is an ongoing danger to the life, health, or safety of the public or the occupants of the building. (b) Prior to such disconnection, the building official shall: (1) place a visible notice on the front door of the building or structure of the intent to disconnect utilities; (2) attempt to notify the owner of the building or structure of the preliminary decision to disconnect utility service; 1 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@281105B2\@BCL@2811C5B2.docx (3) give the owner at least 72 hours to remedy the aforementioned deficiency; and (4) give the owner at least 72 hours to request a hearing before the building official and present evidence thereat. (c) This section does not apply to the Building Official's authority to authorize disconnection of utility services as provided by a national model code adopted by the City. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance takes effect after official publication 2 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@281105B2\@BCL@2811C5B2.docx 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 3 C:\Users\legistar\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@281105B2\@BCL@2811C5B2.docx Amendment to the Corpus Christi Code to add section 55-40 to authorize the Building Official to Disconnect Utility Services for Revocation of Certificate of Occupancy or to Remedy a Code Violation City Council March 22, 2022 Background Current City Code provides for utility disconnection: ➢ Delinquent payment of water and wastewater fees ➢ Under the International Building Code, limited to emergencies where the utility disconnection is necessary to eliminate an immediate hazard to life and property Proposed amendment will expand Building Official's authority to disconnect utility services to a multifamily, commercial, institutional, or industrial building or structure for: ➢ Revocation of Certificate of Occupancy ➢ To remedy a code violation resulting in a danger to the life, health and safety of the public or the occupants of building. City Code Amendment Authorizes the Building Official to disconnect service utilities to a multifamily, commercial, institutional, or industrial building or structure regulated by a national model code adopted by the City when: ➢ A utility connection has been made without the required authorization; ➢ The Building Official has revoked a certificate of occupancy for the building or structure; or ➢ The Building Official finds: (a) the building or structure is in violation of a national model code adopted by the City and (b) the violation is a danger to the life, health, or safety of the public or the occupants of the building. City Code Amendment Prior to disconnection, the Building Official shall: ➢ Place visible notice on the front door of building/structure of the intent to disconnect utilities, ➢ Attempt to notify the owner of the building/structure of the decision to disconnect utilities; ➢ Give the owner at least 72 hours to remedy the deficiency, and ➢ Give the owner at least 72 hours to request a hearing before the Building Official and present evidence at the hearing. Staff Recommendation Approval of the proposed amendment Se G� aoa>oaaEo AGENDA MEMORANDUM x$52 Action Item for the City Council Meeting March 22, 2022 DATE: March 22, 2022 TO: Peter Zanoni, City Manager FROM: Maria G. Molina, P.E., Consultant Interim-Director of Public Works mariamolina(a)cctexas.com (361) 826-1677 Temporary Pilot Parklet Program for Lucy's Snackbar, Adjacent to 312 N Chaparral St #A CAPTION: Ordinance authorizing a temporary pilot program for Lucy's Snackbar adjacent to 312 N Chaparral St #A to seek a revocable license to operate a parklet in the City's right-of-way in accordance with the regulations and guidelines established by the City's Public Works Department SUMMARY: The Public Works Department is requesting approval of an ordinance authorizing a temporary pilot program for Lucy's Snackbar, adjacent to 312 N Chaparral St #A, to allow for the installation of a parklet in City right-of-way. BACKGROUND AND FINDINGS: A parklet is an urban space for sitting, dining or enjoying nature, typically established where the sidewalk meets the street, often repurposing on-street parking spaces to provide a place for restaurant or bar owners to add additional seating and tables for their guests in an outdoor setting. The establishment of non-permanent or semi-permanent dining/seating areas in public spaces requires the evaluation of existing City policy and best practices to create a program, ordinance, application process, and design standards which will provide a uniform policy for the City of Corpus Christi. Public Works and coordinating departments continue to finalize the ordinance, guidelines and application process for parklets. The final city parklet policy will be presented for City Council review on April 12, 2022. Lucy's Snackbar has requested the installation of a parklet in the City right-of-way adjacent to their business located at 312 N Chaparral St #A. In the interim, Public Works is proposing establishing a temporary pilot program for Lucy's Snackbar in conformance with the guidelines set forth in the pilot program parklet policy. The term of this pilot program is from the date of City Council approval until City Council approves new guidelines. At this time, the applicant will be required to conform to the construction and installation recommendations for safety, drainage, and building requirements as set forth by City staff and reviewed by the City Manager until the new rules and regulations set forth by City Council are adopted in April of 2022. ALTERNATIVES: City Council could choose not to approve this temporary pilot program and request the applicant apply in April when the final ordinance is presented to Council. FISCAL IMPACT: In 2021 , City Council allocated $100,000 of grant funding received for the American Rescue Plan Act (ARPA) towards the Downtown Outdoor Dining Development. It is anticipated the owners of Lucy's will be requesting up to $20,000 in reimbursement for the construction of the parklet. Fees will be assessed for the application and review ($150), inspections ($ 75/each) and annual license ($ 800 /each parking space). Fees were determined based on existing right of way occupancy fees approved by City Council. These fees shall be remitted upon application. RECOMMENDATION: Staff recommends approval of the temporary pilot program for Lucy's Snackbar adjacent to 312 N Chaparral St #A and require the applicant to conform to adopted standards approved by City Council. LIST OF SUPPORTING DOCUMENTS: Ordinance Letter of Acknowledgment from adjacent property owners Pilot Program Parklet Policy Application Ordinance authorizing a temporary pilot program for Lucy's Snackbar adjacent to 312 N Chaparral St #A to seek a revocable license to operate a parklet in the City's right-of-way in accordance with the regulations and guidelines established by the City's Public Works Department BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Whereas, Lucy's Snackbar located at 312 N Chaparral St #A lacks the necessary lot size to build or expand an outdoor patio area for its customers to enjoy; Whereas, Lucy's Snackbar has inquired whether the City would allow them to set up a parklet in the City's right-of-way in front of their permanent fixed-site food and beverage establishment; Whereas, a parklet is an urban space for sitting, dining or enjoying nature, typically established where the sidewalk meets the street, often repurposing on-street parking spaces to provide a place for restaurant or bar owners to add additional seating and tables for their guests in an outdoor setting; Whereas, in accordance with Section 1 , Article IX of the City Charter, the City Council may by ordinance grant or authorize an officer or employee of the City to issue a license or use privilege agreement to a private person to use a portion of a public street, sidewalk or alley for a parklet in accordance with guidelines and requirements to be established by the City for temporary pilot program parklet at Lucy's Snackbar at 312 N Chaparral St #A in the area depicted in Exhibit A. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: A pilot program is hereby authorized to allow the occupant and owner of Lucy's Snackbar and the property at 312 N Chaparral St#A to apply for a parklet license in the area depicted in Exhibit A in accordance with the City's Guidelines and Regulations applicable to parklets in the downtown area including applicable fees as per fee schedule. SECTION 2: That following review and approval of the temporary parklet license application by the City's Public Works Department, the City Manager or his designee may issue a revocable license to the owner of Lucy's Snackbar at 312 N Chaparral St #A in the area depicted in Exhibit A to install a parklet in the public right-of-way as designated in a license agreement. SECTION 3: That the temporary pilot program for a parklet located at Lucy's Snackbar at 312 N Chaparral St #A in the area depicted in Exhibit A will be revisited by the City Council in April 2022, and this temporary license shall conform to the final adopted ordinance as deemed necessary by the City Council and the City Manager. 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, this the day of ' 2022 ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor N =r-LLE NIS Ila E r - CHAPAFIAL ST. , to SUBJECF: EXHIBIT FOR PROPOSED PARKLET AT 312 CHAPARRAL STREET Traffic Ergineering ditirision n Public Wod<s DeparbTent Exhibit A City of Corpus Christi Downtown/Uptown Sidewalk Cafe & Streetscape Amenities (D Application for Use Privilege Agreement (UPA) Pursuant to Corpus Christi Unified Development Code Section 6.13 Streetscape Zone Standards This application outlines the information necessary for obtaining a Use Privilege Agreement for Downtown Corpus Christi streetscape zone and pedestrian amenities. Check: Item: Type: Description: Review Time: Q UPA Permanent Permanent amenities 21 Business Days after (ie.Awnings, lighting,etc.) application deemed complete Q UPA Temporary Non-Permanent/temporary amenities (ie. 10 Business Days after sidewalk cafe tables and chairs, etc.) application deemed complete Applicant Information: Project Business Name: LuC 's Snackbar Project Applicant: Justin Gainan Project Address: 312 N Chaparral St#A Corpus Christi, TX 78401 Hours of operation: Mon - Fri 7am- 10pm : Sat 8am - 3pm Property Tax ID: 191608 _ _. Occupancy Type: Restaurant Adjacent Property Ower Information: Name or Business Name:Texas Surf Museum Phone&Email: brad@waterstreetrestaurants.com 361-548-7873 Address:309 N Water St. Corpus Christi TX 78401 -Name or Business Name: Water Street Restaurants ^done& Email:ri chard.lo max@waterstreetrestua rants. om 361-739-3991 Address: 309 N Water St. Corpus Christi TX 78401 Check Streetscape Amenity Applicant is Requesting: Item Quantity Item Quantity Item Quantity o Art V Planter(s) 3 o Lighting o Awning R Landscaping Tree beds: 3 o Outdoor 30 Street TabChairs o R Sidewalk Cafe 1 Display& Furniture Beno:1 Sales Other: Parklet-Approved by the City and funded by CARES Act Coronavirus Aid, Relief, & Economic SecurityAct) Application Requirements Additional Submittal Requirements: �0 1) Provide a site plan drawing & profile each on 8.5x11 inch paper (see example provided) with the following: a. Proposed amenities showing dimensions and distances from right-of-way (face of the curb) or property line, depths and elevations, and existing utilities. b. Potential conflicts with public infrastructure or zones (i.e. fire hydrants, trees, light poles, bus stops, loading zones,ADA parking spaces, driveways). c. A "clear zone," "pedestrian zone," or "throughway zone" showing an unobstructed pedestrian path of at least five feet. d. Adjacent street names. e. If applicable, location and elevation of proposed temporary fencing and gates with dimensions of the exit path and gate opening. f. Include any required ADA accommodations. 2) Copy of Deed Record for the property,showing ownership. 16 3) Letter of Permission from Property Owner(if Different from Applicant). Exit Path: The applicant must maintain a clear path out of the building.The exit path shall be a minimum of 44 inches and there shall be no chairs,tables,or other obstructions located in this exit path. If a gate is installed on a sidewalk cafe fence, it must remain open during the business operating hours. Responsibilities of Sidewalk Cafd Operator: Businesses operating a sidewalk cafe will be responsible for the collection of all trash or refuse of any kind that is generated from the operation of the business. Any damage that is made to the sidewalk must be completely repaired following the expiration of the UPA or discontinuance of the sidewalk cafe or amenity. In case of an emergency event in which items need to be removed from the sidewalk cafe, all items left on the sidewalk by the establishment must be removable within a 24-hour period. Upon review and approval of this application, a Use Privilege Agreement will be created and will require the signature of the applicant prior to the installation of the amenities Signature of Applicant: — Date: �ec e,,,,�er 2l_0 2:�L Received By [Name]: Date Received by City: Contact Information: Development Services, Land Development Division 2406 Leopard St., V FI. (361)826-3240 H26 Market Trust and Water Street LTD 309 Water Street Corpus Christi,TX 78401 December 16,2021 Corpus Christi Downtown Management District 223 N Chaparral St Corpus Christi,TX 78401 Re;Sidewalk Cafd Application—lucy's Snackbar(312 N Chaparral St.#A,) As President of K20 Market Trust and Water Street LTD,property owner of 312 N Chaparral St.NA.,I give my permission for Lucyr's Snackbar to submit this Sidewalk Cafe application. Please let me kitow if yuu IIaVC mry yuestiuru_TWA yVu. Sincerely, e d Ric x PPo Sidon 20 Market Trust and Water Street LTD Example Site Plan & Profile Exhibit A for 15 16 040: Site Sidewalk Cafe Location C'dBMBA` � Plan: Gal ...0 c a Food Seft Ce 0 � Busmesa Sdewalk 10 Cef6 1 PedesVtan Zane 614r a,. c� i 0 .s.w Sueet 'ine r.w..c wd<.tran:on..ane.w.w �W", SW SOC 05+eaa Cross Section: t Edge Fumishmgs Throughway Frontage Zone Zone Zone Zone Site Plan: Lucy's Snackbar — — — — — — — — — — — — ----- - -- - — — — — — — — — — — — Lot Line L2 — _ Lwdscaplig ❑ ❑, I-15caping - -,h. "rE2U ti FrheGei] F _ C " i � LucyParklet �� a V 3' 1 In, i seat 12 blue saaure ry re��5ent� Cross Section: lucy's Snack Bar r" Cn i. -!- _. C � 3 Y Q m o a 0 16'Sidewalk ROW k A 7' Parklet 8'Parking Ba r-r �a• 1•'T Y-IC r�.�•.y....J S _. .I .,.. S t1T �'�• I 9 Examples of Furniture & Materials: Rendering (note, only two bays of seating will be included in final product) 12 Seats b Actual Photos of Parklet Components, Including Interior Structure SU Example of Parking Stop Photo of Existing Lighting Levels H2O Market Trust and Water Street LTD 309 Water Street Corpus Christi,TX 78401 March 18, 2022 Corpus Christi Downtown Management District 223 N Chaparral St. Corpus Christi,TX 78401 Re:Sidewalk Cafe Application—Lucy's Snackbar(312 N Chaparral St.#A,) As President of H2O Market Trust and Water Street LTD, property owner of 312 N Chaparral St,#A., and the two adjacent busineses, I give my permission for Lucy's Snackbar to construct a parklet that will take up two parking spaces in front of their business operation. 1 Please let me know if you have any questions.Thank you. r Sincerely, i I Rich ax esident Market Trust and Water Street LTD i CC:City of Corpus Christi i I E so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 22, 2022 DATE: March 12, 2022 TO: Peter Zanoni, City Manager FROM: Paulette Guajardo, Mayor Paulette.guajardo@cctexas.com 361-826-3100 City Appointed Port Commissioners Quarterly Briefing to City Council OUTSIDE PRESENTERJa Name Title/Position Organization 1. Rajan Ahuja, Appointed 02/19/2021 Port Commissioner City of Corpus Christi 2. Gabe Guerra, Appointed 12/14/2021 Port Commissioner City of Corpus Christi 3. David Engel, Re-Appointed 01/01/2020 Port Commissioner City of Corpus Christi ISSUE: N/A BACKGROUND: The Port of Corpus Christi is governed by a Port Commission composed of seven members, three of which are appointed by the Corpus Christi City Council. Commissioners may serve up to four (4) three-year terms. The Port Commission meetings are held monthly. The City Council requests quarterly briefings be provided. LIST OF SUPPORTING DOCUMENTS: PowerPoint— City Appointed Port Commissioners Quarterly Briefing to City Council