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Agenda Packet City Council - 03/29/2022 (2)
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 29,2022 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 Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Lindsey Guerra, Foy H. Moody High School Student. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 22-0607 Proclamation declaring March 31, 2022 as "Grow Local Farmers' Market 10th Anniversary" Proclamation declaring April 9, 2022 as "Earth Day Bay Day" Proclamation declaring April 10, - April 16, 2022 as "National Dog Bite Prevention Week" Proclamation declaring April 3-9, 2022 as "National Library Week" Commendation for Dynamo Coastal Bend Soccer Team. City of Corpus Christi Page 1 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 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. Second and Third Quarter Forecast and Policy Issues b. Announcement of City Hiring Event on Tuesday, April 5, 2022 C. Recognition of Wes Nebgen, Assistant Director in Water Utilities for Achieving a Class A Water License H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 23) 2. 22-0600 Approval of the March 22, 2022 Regular Meeting Minutes Consent-Second Reading Ordinances 3. 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 4. 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 5. 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 City of Corpus Christi Page 2 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 6. 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 7. 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 8. 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 9. 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; $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 10. 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 11. 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 12. 22-0508 Ordinance approving the redistricting of the City's single-member City City of Corpus Christi Page 3 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 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 13. 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 Consent- Contracts and Procurement 14. 22-0379 Motion authorizing a three-year service agreement with two one-year options with HUB International, Texas Inc., for benefits consulting services for the City's health plans and benefits programs in an amount not to exceed $87,500 per year in the initial three-year agreement for a total of $262,500.00 and a potential amount not to exceed $445,454.00 which includes a 3% increase each option year if the options are exercised, with FY 2022 funding of$43,750.00 available from the Other Employee Benefits Fund. Sponsors: Human Resources and Finance &Procurement 15. 22-0392 Motion authorizing a two-year supply agreement, with two one-year options with International Dioxcide Inc. of North Kingstown, Rhode Island for the purchase of 25% Sodium Chlorite Solution for an amount not to exceed $1,452,000.00 for the initial 2 years and a potential amount not to exceed $3,353,250.00 for a four-year term which includes a 3% increase each option year if the option periods are exercised, with FY 2022 funding of $363,000.00 available from the Water Fund. Sponsors: Utilities Department and Finance & Procurement Consent- Capital Projects 16. 21-0910 Motion awarding a Design/Build Contract to SpawGlass Contractors Inc., Corpus Christi Texas, and authorizing the design phase services for the design of new restrooms, parking lot and park amenities at Surfside Park in North Beach for a total amount of$196,522.00, located in Council District 1, with FY 2022 funding available from the Park and Recreation Bond 2020 Fund. Sponsors: Engineering Services, Finance &Procurement and Parks and Recreation Department 17. 22-0390 Motion authorizing Amendment No. 1 to a professional services contract with LNV, Inc., Corpus Christi, TX, to provide design, bid, and construction phase services for the Williams Lift Station Force Main in an amount of $511,830 for a total contract value not to exceed $695,120, located in City City of Corpus Christi Page 4 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 Council District 4 and 5, with FY 2022 funding available from Wastewater Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement 18. 22-0486 Motion awarding a construction contract to CSA Construction, Inc., Houston, Texas, for Whitecap Wastewater Treatment Plant Improvements in an amount of$12,284,000 for the Total Base Bid Plus Additive Alternate No. 1, located in Council District 4, with Wastewater Capital Fund. The total estimated construction budget available for this project for the FY 2022 and FY 2023 is $9,570,000. Based on the bids received the construction cost of the project is $12,284,000. The remaining shortfall of funds in an amount of$2,714,000 will be allocated with the FY 2023 Wastewater Capital Fund and the budget for the project will be increased. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement 19. 22-0537 Motion authorizing Amendment No. 1 to a professional services contract with Hanson Professional Services Inc., Corpus Christi, TX to design and prepare construction documents for additional waterline replacement for the Nueces Bay Blvd. & Poth Lane Waterline, in an amount of$69,906.75, for a total contract value not to exceed $498,311.75, located in Council District 1, with FY 2022 funding available from the Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement 20. 22-0538 Motion awarding a professional services contract to Freese and Nichols, Inc., Corpus Christi, Texas, to provide design, bid and construction administration phase services for the Wesley Seale Dam Crest Gate Rehabilitation and Dewatering System projects, in an amount of $2,053,094.00, with funding available from the Water Capital Fund. The total design budget available for these project is $2,907,000.The fiscal impact for FY 2022 is an amount of$2,053,094.00 with funding available from the Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Finance & Procurement General Consent Items 21. 22-0566 Motion approving a contract with Hunden Strategic Partners in an amount not to exceed $91,000 for services to determine the future needs of the American Bank Center and feasibility of a Conference Center Hotel. Sponsors: Finance &Procurement 22. 22-0327 Resolution authorizing an electricity power purchase agreement for the City of Corpus Christi with a term not to exceed 10.5 years and a total expenditure not to exceed $57,000,000.00, subject to future annual budget appropriations; and authorizing the City Manager to execute the City of Corpus Christi Page 5 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 agreement. Sponsors: Asset Management Department and Finance & Procurement 23. 22-0598 Resolution authorizing an agreement with Grindline Skateparks, Inc. to perform repairs for Cole Park Skatepark in an amount not to exceed $70,000 through the General Fund. Sponsors: Parks and Recreation Department K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 24 - 26) 24. 22-0404 Zoning Case No. 0222-01, Thanksgiving Homes: (District 2) Ordinance rezoning property at or near 1422 Shely Street from the "CG-2" General Commercial District to the "RS-TH" Townhouse District. (Planning Commission and Staff recommend Approval). Sponsors: Development Services 25. 22-0406 Zoning Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning property at or near 202 Graham Road from the "IH" Heavy Industrial District to the "RV" Recreational Vehicle Park District. (Planning Commission and Staff recommend Approval). Sponsors: Development Services 26. 22-0405 Zoning Case No. 0222-02, SCI Wireless & Tillman Infrastructure: (District 2) Ordinance rezoning property at or near 5007 Everhart Road from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. (Planning Commission and Staff recommend Approval) Sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 28) 27. 22-0485 Ordinance disannexing a 75.58-acre tract from a 114.8-acre continuous parcel of land currently divided by the City limit boundary; amending the boundaries of Industrial District No. 2 to include the disannexed area; and approving Industrial District Agreement No. 110B with Bootstrap Energy LLC. Sponsors: Economic Development and Assistant City Manager 28. 22-0546 Resolution authorizing the execution of an Industrial District Agreement (IDA) 110 with Bootstrap Energy LLC for the Corpus Christi Energy Park. Sponsors: Economic Development and Assistant City Manager N. FIRST READING ORDINANCES: (ITEM 29) 29. 22-0509 Ordinance authorizing acceptance and appropriation of a donation in the City of Corpus Christi Page 6 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 amount of$100,000 from NextEra Energy and authorizing the City of Corpus Christi Gas Department to provide gas pipe plumbing services to eligible low-income city residents. sponsors: Gas Department O. BRIEFINGS: (ITEM 30) 30. 22-0396 Briefing on Public Improvement Districts as an Economic Development Tool, review of Corpus Christi Public Improvement District policy, and initial overview of the Whitecap Preserve Project in City Council District 4. sponsors: Economic Development and Finance &Procurement P. EXECUTIVE SESSION: (ITEMS 31 -34) 31. 22-0514 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 potential disannexation, industrial district agreements, and/or development agreement(s) with entities that are considering the construction, expansion, and/or ownership of potentially industrial facilities (including, but not limited to, Bootstrap Energy, LLP), agreements pursuant to Chapters 42 and/or 212 of the Texas Local Government Code, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). 32. 22-0515 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. 33. 22-0591 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 of electricity, power purchase agreement(s), long-term purchasing agreements, and Chapters 252 and 271 of the Texas Local Government Code. 34. 22-0609 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 Texas Pollutant Discharge Elimination System permit process, Texas laws and rules of the Texas Commission of Environmental Quality and the U.S. Environmental Protection Agency related to discharge permits, intake permits, desalination, and other permits related to water treatment, and administrative procedures related thereto. City of Corpus Christi Paye 7 Printed on 3/28/2022 City Council Meeting Agenda-Final-revised March 29,2022 Q. ADJOURNMENT City of Corpus Christi Paye 8 Printed on 3/28/2022 City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, March 22,2022 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 11:52 a.m. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey, Southside Community Church, gave the invocation. C. Izabella Ryland, Collegiate High School Student, led the Pledge of Allegiance to the Flag of the United States and to the Texas Flag. Izabella Ryland, Collegiate 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 Note: Council Member Pusley arrived at 12:45 p.m. 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 (Presented at 11:30 a.m.) 1. 22-0503 IQrnnv�matiGR GI8GlaFiR9naFGh 22 2922 rD�rvncnrlar,mmur,t�rnrracrsg'W pph" rlale GiVeRs�[Day" d�I ,� vaFGh 2 , 2022 ';-r, "rli.;hPte��/ T taTu��, Proclamation declaring March 23, 2022 as "Mental Health Awareness Day" H d-e-Z Commendation recognizing Texas A&M University-Corpus Christi Islander's Men's Basketball Team. City of Corpus Christi Page 1 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. The Proclamations, Commendation and Swearing-In Ceremony were held. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. The following citizens spoke in opposition to the rezoning on Item 24: Jerry Hooper, 3401 Bali Dr.; Shirley Thornton, 1917 Woodcrest Dr.; Michelle Ewing, 1901 Caribbean Dr.; Michael Morgan, 3502 Golden Oak Dr.; Leona Morgan, 3502 Golden Oak Dr.; Christi Ray, 2020 Ramfield Rd.; Aaron Costilla, 2020 Ramfield Rd.; Shannon Murphy, 2157 Shadi St.; Justin Brandt, 3301 Roscher Rd.; and David Gerlach, 581 Yorktown Blvd. The following citizens spoke in support of Item 33: Carmen Delgado, 241 Chandler Lane; Bibi Dalrymple, 2925 Denver Ave.; Austin Anderson, 109 Amistad St.; Jane Kratzig, 235 Chandler Lane; Ann Engel, 230 Amistad St.; Ricki Baker, 217 Chandler Lane; James Karbula, 502 McClendon St.; and Seema Mathur-Hopkins, 125 Amistad St. The following citizens spoke regarding redistricting on Item 32: Linda Snider, 6213 Angelique Ct.; Encarnaction Serna, 105 Lost Creek Dr.; Sylvia Campos, 4410 Fir St.; Julie Rogers, 710 Furman Ave.; Margaret Duran, 4022 Congressional Dr.; Barbara Welder, 202 Reef Dr.; Kathryn Oler, 1400 Ocean Dr.; Elisa Gonzalez, 4101 Brett St.; and Sally Clark Farris, 13043 Hunters Breeze, San Antonio. Jack Gordy, 4118 Bray Dr., spoke regarding illegal political signs. The following citizens spoke regarding the placement of the 5G towers in their neighborhood: Mario Valdez, 5206 Pepper Mill Dr.; Tony Jimenez, 7000 Ridge Stone Dr.; and Tim Teas, 4737 Mount Vernon. Esther Martinez, 1742 Triple Crown, spoke regarding flooding behind her house. Alisha Cowan, 3725 Holland Dr., spoke in opposition to the rezoning on Items 23 and 24. Christopher Phelan, 3806 Kingston Dr., spoke regarding items 14, 15, 18, 25, 26, 27, 32, 33 and 35. The following citizens submitted written public comments which are attached to the minutes: Roxie Mardis, 406 Clearview Dr.; Sarah Thieme, 14510 Verdemar Dr.; Jerry Hooper Jr., 3401 Bali Dr.; Geneva Hooper, 3401 Bali Dr.; Marky Hooper, 3332 Bali Dr.; and Jerry Hooper Sr., 3332 Bali Dr. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 2 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Mayor Guajardo referred to City Manager's comments. a. 80th Police Academy Graduation Ceremony Highlights City Manager Zanoni reported on the 80th Police Academy Graduation Ceremony that was held on March 11, 2022 with 40 cadets graduating. b. Hiring Process for Municipal Court Presiding Judge City Manager Zanoni reported on the hiring process for the Municipal Court Judge that was posted on March 10th. The Municipal Court Committee will meet on March 24th to review the applications, along with a special meeting to be held on March 28th to conduct the interviews. There will be a special City Council meeting held on April 1, 2022 to appoint the new Municipal Court Judge. C. Vessel Turn-in Program Overview City Manager Zanoni reported on the Vessel Turn-in Program. Boats,jet skis and trailers can be dropped off at the J.C. Elliott Transfer Station Monday through Saturday. H. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. CONSENT AGENDA: (ITEMS 2 - 20) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 14 and 19 be pulled for individual consideration. A motion was made by Council Member Hernandez, seconded by Council Member Barrera to approve the Consent Agenda with the exception of Items 14 and 19. 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 2. 22-0504 Approval of the March 8, 2022 Regular Meeting Minutes. The Minutes were approved on the consent agenda. 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. City of Corpus Christi Page 3 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 This Ordinance was passed on second reading on the consent agenda. Enactment No: 032691 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) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032692 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" Single-Family 6 District to "RS-6/SP" Single-Family 6 District with a Special Permit. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032693 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) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032694 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. This Ordinance was passed on first reading on the consent agenda. 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. This Resolution was passed on the consent agenda. Enactment No: 032695 City of Corpus Christi Page 4 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. This Resolution was passed on the consent agenda. Enactment No: 032696 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. This Motion was passed on the consent agenda. Enactment No: M2022-034 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. This Motion was passed on the consent agenda. Enactment No: M2022-035 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. This Motion was passed on the consent agenda. Enactment No: M2022-036 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. This Motion was passed on the consent agenda. Enactment No: M2022-037 Consent- Capital Projects City of Corpus Christi Page 5 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. Mayor Guajardo referred to Item 14. A Council Member, Director of Engineering Services Jeff Edmonds and Interim Director of Water Utilities Gabriel Ramirez discussed the following topics: in response to a Council Member's question about funding of this project, staff stated that they will look into this and get back with council. Council Member Pusley made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Abstained: 1 - Council Member Smith Enactment No: M2022-038 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. This Motion was passed on the consent agenda. Enactment No: M2022-039 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. This Resolution was passed on the consent agenda. Enactment No: 032697 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. This Resolution was passed on the consent agenda. City of Corpus Christi Page 6 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Enactment No: 032698 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. This Resolution was passed on the consent agenda. Enactment No: 032699 19. 22-0327 Resolution authorizing an electricity power purchase agreement for the City of Corpus Christi with a term not to exceed 10.5 years and a total expenditure not to exceed $57,000,000.00, subject to future annual budget appropriations; and authorizing the City Manager to execute the agreement. This Item was postponed to March 29, 2022. 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. This Resolution was passed on the consent agenda. Enactment No: 032700 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:11 p.m. Executive Session Item 37 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:49 p.m. 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) Mayor Guajardo referred to Item 21. Director of Development Services Al Raymond presented information on the following topics: zoning pattern and adjacent development; public notification; staff analysis; and planning commission and staff recommend approval. A Council Member, Director Raymond and Administrator of Development Services City of Corpus Christi Page 7 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Andrew Dimas discussed the following topics: the applicant is only requesting the portion of the street that is developable area; and the developer will be responsible for building the bridge crossing. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. 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 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) Mayor Guajardo referred to Item 22. Director of Development Services Al Raymond presented information on the following topics: zoning pattern and adjacent development; public notification; staff analysis; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Lerma 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 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 City of Corpus Christi Page 8 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 recommend Approval) Mayor Guajardo referred to Item 23. Director of Development Services Al Raymond presented information on the following topics: zoning pattern and adjacent development; public notification; staff analysis; and planning commission and staff recommend approval. A Council Member and Director Raymond discussed the following topics: the RV Park screens from the CG-2 with a 10 foot buffer. Mayor Guajardo opened the public hearing. Land Owner Spencer Filmar stated that he intends to put a curb and gutter in the front entrance with a water feature. The setback is a minimum of 40 feet. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to approve the ordinance with screening on northern boundary, 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 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" 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) This Item was withdrawn by the applicant. 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. Mayor Guajardo referred to Item 25. City of Corpus Christi Page 9 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Director of Development Services Al Raymond presented information on the following topics: aerial overview; location map; proposed improvements; trust fund balance as of January 31, 2022; and staff recommends approval. Council Members and Director Raymond discussed the following topics: the City is not required to reimburse the developer out of the trust fund money; and staff will bring a recommendation to Council in the next few weeks that allows only properties inside the city limits be eligible for trust fund reimbursements. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to deny the ordinance, seconded by Council Member Hernandez. The motion was 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 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. Mayor Guajardo referred to Item 26. Interim Director of Parks and Recreation Department Dante Gonzalez presented information on the following topics: Unified Development Code (UDC) language; land dedication vs. fee in lieu of land (FILO); open space; challenges in current process-budget line items; challenges in current process-formula based fee structure; proposed-simplify the FILO five mile radius requirement (area development zones); proposed-simplify the community enrichment fees; and proposed-establish methodology for CEF expenditures; requests for information; RFI #1-planning commission; RFI #2-planning commission; RFI #3-city council; RFI #4-city council; RFI #5-city council; RFI #6-city council; RFI #7-city council; recommendations; and actions. Council Members, City Manager Peter Zanoni and Interim Director Gonzalez discussed the following topics: staff will take into consideration the five mile radius and barriers; a Council Member's concern about the fairness of this program; and the development committee is in agreement of this new policy. City of Corpus Christi Page 10 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Mayor Pro Tem Molina opened the public hearing. There were no comments from the public. Mayor Pro Tem Molina closed the public hearing. Council Member Hernandez made a motion to approve the ordinance as written effective upon second reading, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- 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 Absent: 1 - Mayor Guajardo Abstained: 0 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. Mayor Guajardo referred to Item 27. Assistant Director of Neighborhood Services Jennifer Buxton stated that there have not been any changes to this ordinance since the first reading. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 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: 032701 M. INDIVIDUAL CONSIDERATION ITEMS: (None) N. FIRST READING ORDINANCES: (ITEMS 28 -34) City of Corpus Christi Page 11 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. Mayor Guajardo referred to Items 28-31. There were no comments from the Council. Council Member Martinez made a motion to approve Items 28-31, seconded by Council Member Hunter. These Ordinances were 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 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; $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. See Item 28. Council Members and City Manager Peter Zanoni discussed the following topics: a Council Member believes that the lease rates are extremely high for restaurants on the T-Head. 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 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). See Item 28. 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 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, City of Corpus Christi Page 12 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. See Item 28. 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 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. Mayor Guajardo referred to Item 32. City Secretary Rebecca Huerta highlighted a few events that led up to this item and stated that Plan B Map and citizen-submitted maps are being considered today. Mayor Guajardo opened public comment. Tim Dowling, 8017 Villefranche, suggested that Council should decide if they want to extend District 2 north or extend District 1 east and to not vote on a map today. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve Plan B Map as submitted with exception of precincts 24 and 34 which would be moved from District 1 to District 3, seconded by Council Member Lerma. The motion failed. Council Member Martinez made a motion to amend Plan B Map to Plan B1 Map by moving precincts 39, 77 and 85 from District 2 to District 1; precincts 24 and 34 from District 1 to District 3; precinct 65 from District 4 to District 2; and precinct 90 from District 2 to District 4, seconded by Council Member Smith and approved with the following vote: Mayor Guajardo and Council Members Barrera, Hernandez, Lerma, Martinez, Molina and Smith-voting yes; and Council Members Pusley and Hunter-voting no. Council Member Martinez made a motion to approve Plan B1 Map as amended, seconded by Council Member Smith. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 2- Council Member Hunter and Council Member Pusley Abstained: 0 City of Corpus Christi Page 13 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. Mayor Guajardo referred to Item 33. Director of Development Services Al Raymond presented information on the following topics: background; city code amendment; and staff recommends approval. Council Members, City Manager Peter Zanoni and Director Raymond discussed the following topics: a Council Member thanked the public for their comments and thanked staff for bringing this to council; and in response to a Council Member's concern about shutting off residents' utility services and/or relocating, City Manager stated that a relocation assistance plan will be made available. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Pusley 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 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. Mayor Guajardo referred to Item 34. Deputy Director of Public Works Sarah Munoz presented information on the following topics: parklets guidelines; parklets; fees; and next steps. Council Members, Deputy Director Munoz, and Executive Director of the Downtown Management District (DMD) Alyssa Barrera Mason discussed the following topics: this parklet will be more permanent than the Rebel Toad parklet, which began with a sidewalk permit; the applicant would pay for and provide all equipment, but the City will reimburse them $20,000; a Council Member's concern about losing parking spaces downtown; a City of Corpus Christi Page 14 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 Council Member would like to amend the parking space fees to $400 for the first year; and shade structures will not be more than 36 inches high. Council Member Pusley made a motion to approve the ordinance as presented, seconded by Council Member Lerma. Council Member Lerma made a motion to limit the temporary licensing fee for the first year to $400, and to amend this ordinance to a one-reading ordinance by adding Section 4 as follows: "Upon the written request of the Mayor or majority of the members of the City Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure", seconded by Council Member Hernandez and passed unanimously. Council Member Hernandez made a motion to approve the Ordinance as amended, seconded by Council Member Lerma. This Ordinance was passed on emergency as amended 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: 032702 O. BRIEFINGS: (ITEM 35) 35. 22-0500 Port of Corpus Christi Quarterly Report by City Council Appointed Board Commissioners This Item was withdrawn. P. EXECUTIVE SESSION: (ITEMS 36 -38) Mayor Guajardo referred to Executive Session Item 37. The Council went into Executive Session at 2:11 p.m. The Council returned from Executive Session at 2:49 p.m. 36. 22-0512 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 of electricity, power purchase agreement(s), long-term purchasing agreements, and Chapters 252 and 271 of the Texas Local Government Code. This E-Session Item was withdrawn. 37. 22-0564 Executive Session pursuant to Texas Government Code § 551.071 and City of Corpus Christi Page 15 Printed on 3/24/2022 City Council Meeting Minutes March 22,2022 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. This E-Session Item was discussed in executive session. 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. This E-Session Item was withdrawn. Q. ADJOURNMENT There being no further business, Mayor Pro Tem Molina adjourned this meeting at 6:05 p.m. City of Corpus Christi Page 16 Printed on 3/24/2022 WrittenPublicComment 3-22-2022 1 !/ Public Comment&Input Form Date of Meeting 3/22/2022 Name Roxie Mardis Street Address:406 CLEARVIEW DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78418 Topic Re-zoning case 0122-07 Agenda Item Number Re-zoning case 0122-07 The petition to consider re-zoning the area at 2020 Ramfield Road east of Roscher from Farm Rural to Single Family.The affected area contains a pond that is well-known to local birders for the variety of bird species found there year-round.The houses that would be built there would back up to the pond,and most likely the vegetation bordering the pond would be cleared,eliminating the very thing Describe Feedback: (other than the water itself)that makes the pond attractive not only to birds but to other wildlife.If we(the populace)continue to push the wildlife out by building houses that disrupt the natural habits,we may be the reason species become extinct.Corpus Christi does not have many sites for the general public to view our wildlife.Corpus Christi as a whole does not have many areas of interest that would bring in tourists.Many of our areas of interest are getting stale or being removed due to weather destruction.Our hot- humid summer weather deters visitors other than beach goers. Provide an email to receive a rdmardis@vahoo.com copy of your submission, 2 !/ Public Comment&Input Form Date of Meeting 3/22/2022 Name Sarah Thieme Street Address:14510 Verdemar Drive Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78418 Topic Re-zoning area Agenda Item Number 0122-07 I am against Re-zoning of the proposed area.There are too many available areas for a developer to build subdivisions that would not Describe Feedback: knowingly disrupt such a popular wildlife area.We have a responsibility to protect wildlife and whatever natural beauty we can.Let the developer find flat,dry farmland to build upon.In that type of an area his development would be an improvement. Provide an email to receive a sarahthieme@rocketmail.com of your submission. C�rocketmail.com 3 !/ Public Comment&Input Form Date of Meeting 3/22/2022 Name Jerry Hooper Jr Street Address:3401 Bali Dr Address City:Corpus Christi State/Province:TX Postal/Zip Code:78418 Topic Item#24,Rezoning Case No 0122-07 Agenda Item Number 24 In this particular case,I believe that the opposition and recommendation against it on January 26,2022 by the Planning Commission was correct,and I would like to thank them for considering our ADP,our sentiments and the implications of this proposed development in their recommendation.We want to maintain the Navy presence and fully support the AICUZ requirements. In this Describe Feedback: particular case,this development would be in the AICUZ of Accident Potential Zone 1 and 2. Now and in the future,Development Services,the Planning Commission and the Zoning Board of Adjustment...and City Management and City Council for that matter...needs to follow our ADP and the desires of our community to support and maintain the AICUZ standards to prevent any encroachment.As the Commission did and the Staff recommend,I am asking you to vote against this rezoning and any future such rezoning which is not in compliance with our ADP. Provide an email to receive a copy of your submission. ilh000er(a)stx.rr.com 4 !/ Public Comment&Input Form Date of Meeting 3/22/2022 Name Geneva Hooper Street Address:3401 Bali Dr Address City:Corpus Christi State/Province:TX Postal/Zip Code:78418 Topic Ramfield Rezoning Case No 0122-07 Agenda Item Number 24 In this particular case,I believe that the opposition and recommendation against it on January 26,2022 by the Planning Commission was correct,and I would like to thank them for considering our ADP,our sentiments and the implications of this proposed development in their recommendation.We want to maintain the Navy presence and fully support the AICUZ requirements. In this Describe Feedback: particular case,this development would be in the AICUZ of Accident Potential Zone 1 and 2. Now and in the future,Development Services,the Planning Commission and the Zoning Board of Adjustment...and City Management and City Council for that matter...needs to follow our ADP and the desires of our community to support and maintain the AICUZ standards to prevent any encroachment.As the Commission did and the Staff recommend,I am asking you to vote against this rezoning and any future such rezoning which is not in compliance with our ADP. Provide an email to receive a idieanie@stx.rr.com copy of your submission. 5 '/ Public Comment&Input Form Date of Meeting 3/22/2022 Name Marky Hooper Street Address:3332 Bali Dr Address City:Corpus Christi State/Province:TX Postal/Zip Code:78418 Topic Ramfield Rezoning Case No 0122-07 Agenda Item Number 24 In this particular case,I believe that the opposition and recommendation against it on January 26,2022 by the Planning Commission was correct,and I would like to thank them for considering our ADP,our sentiments and the implications of this proposed development in their recommendation.We want to maintain the Navy presence and fully support the AICUZ requirements. In this Describe Feedback: particular case,this development would be in the AICUZ of Accident Potential Zone 1 and 2. Now and in the future,Development Services,the Planning Commission and the Zoning Board of Adjustment...and City Management and City Council for that matter...needs to follow our ADP and the desires of our community to support and maintain the AICUZ standards to prevent any encroachment.As the Commission did and the Staff recommend,I am asking you to vote against this rezoning and any future such rezoning which is not in compliance with our ADP. Provide an email to receive a marky@hooperconsulting.com copy of your submission. 6 ®/ public Comment&Input Form Date of Meeting 3/22/2022 Name Jerry Hooper Sr. Street Address:3332 Bali Dr Address City:Corpus Christi State/Province:TX Postal/Zip Code:78418 Topic Ramfield Rezoning Case No 0122-07 Agenda Item Number 24 In this particular case,I believe that the opposition and recommendation against it on January 26,2022 by the Planning Commission was correct,and I would like to thank them for considering our ADP,our sentiments and the implications of this proposed development in their recommendation.We want to maintain the Navy presence and fully support the AICUZ requirements. In this Describe Feedback: particular case,this development would be in the AICUZ of Accident Potential Zone 1 and 2. Now and in the future,Development Services,the Planning Commission and the Zoning Board of Adjustment...and City Management and City Council for that matter needs to follow our ADP and the desires of our community to support and maintain the AICUZ standards to prevent any encroachment.As the Commission did and the Staff recommend,I am asking you to vote against this rezoning and any future such rezoning which is not in compliance with our ADP. Provide an email to receive a copy of your submission, lerry@h000erconsulting.com ,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 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•. PAO1X11.43-"REMRUSNUECFSCOUN-N.7PSiASSAMIB9t12ArMALSO BPMn01JTOEA2LMAILETRACT DESC'R OFD 11M A DEED klx'pRLW LM DOM&dwT ND.1Q7Rd 9M.GFFICIAL 11.ECGRE6 MJECE9 CQUTaT TEMM3_ I cRAHuEPARK url7r RAkCHOL"YM'�>',d&UM2I T'I71_CA,Wu$Ia�'3'H W]L-V.PGS,3�1-XX AJLN. ,T. I L------ MA.6t GL L PY .laa.aM asewrY,r,_ 9 i' R �f.�• 1OT�f ARK ti+ L0743 O + L@C 11 SCALE V.2OU I 1JE T 1 O F la} 0 T t OF Ad pop aeYa+k+oatiw �Ain.•u.�mh0 c�l0.sia b 5+51'lA' MTyOKrIth"25 – F11+aa.aa7 uoelal+CMs V'*�a E ' 1.91'fmF-i;s ,+tp Jilt ncam VOL Y�_Mofu•a Al M2 LT PROPOSED I 1A,834 ACRrsS I 6i6 1B)S.F. I A I LDT11,SEC"ON IS IAINDEROF I 4r4 F1AUR SLUTF& LOT 13.SEC"110N 25 I G#RINCFEN AL A x'AN.CT. r I I I I 1 561-1R'MT731,B]' MZM F.O.R. (i,9db ACRES) I ZON1Md CN•L ^ ACkRSrt. 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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THENCE wilhihe cLyninnuun lins iJ sard 2.H acre Irate,and Svii0i 61"25'04"Ea3l,a diAnwic PT 777';7 finer k!-I VE"re-har fonnil kir the wiali corucr A ;IXI 7.51:1:ik:ru kraci.Rbr the-lvesL carillurall"Llie 1.20 mew C I'l (,.Ilf;h:-.i ir.wi A%Ile-Lr:.he'd in a dl,ul rL%:,nLkeI ir.17.::unLI:1 Nr..R732E4.Deed RecordsNuaces L:vuioy.Ttxi ,fou ilic rwoh lcoffper of saild 12.4}Ac"irno.mild Fre 11-t rn�c-7-rnqr of lhis Survey 731Y.NCF wills the cr)nnnn-run lineorsaki 12-51 acro tlzcL and 01hi!,urvnT,SviAli 2W36-441"Wirbil,adrjL%n-;k:ur 665"(h9 f9 C 1 1-0 a W"riz-har w NIT An in5i&minn c r or sa id 12.53'acre tract.ai A FLr a3i L3i its idu curricru f thio- sur)uy. "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 T41p.-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 '" 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,ni}„ 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 lion 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. yAli io of fho 'And of fho tomo of r_nncfr,infinn cfort vrtttl etQ-i ce ref I n rJ rJ tmA Q;PPI AA t911 M fn I I g fe m i i I a: (A xV) - n n a. A - The omni int of lonrl Fe9 1irorl fnr rlorlinofinn oc rlotorminorl in G lbSeGtinn 2 2 5 }ham �r�nsubdivided, b:a Tho fair morkof •oma Iue (pear aa-ncre) �RT` rep t ester;; hlished by .ten appFeyed methr d r. R.4 - The n�hhor of dellorc t be noir) in lie ded��}cion n�rvfura- Page 2 of 5 C:\Users\legista r\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@40118967\@BCL@40118967.docx 7 Cir ni irnncoS Gf GGFnp6ltmRg the faimet �i�enf�p y variableV in the ew , the deyelepeF elerAApe--- A- � f �crhiti�. TGTtGPfRg� a. The fair mar.ket value at imo i incl peel 1A—AP1 .-o ,-rte �,„�e�F determined by a Wool r--pertifiPecdaol estate appraiser o�QeyeleperseXpeRSe; er nh.The aGt ial ni irnhase Prino of the pFepeFty a_sYideRG d h�edeyele peFs mest value, variable 0 dellaFs ($62,599.99) r pe .�n�ro TTo f.;i ,Let vale io Gap May be .;nni i0llsi yeaT2n 2 b6idget. T-go f.;ir m.3Fk8+ Y.A1119 nap magi be adiHsted--ba—se 9i--crtT aGtiVity. C. If the City accepts the fee in lieu of land, the fees shall be placed in the City's GGmmiinity Cnrinhmont PUPAPark 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 1i6i n G imr�rr��i ant r9f n i inity n'1 eF 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�te see ia�hl-li�iic�ir�n SSh.All O..A Ah e moa o k9r--atP-P1 Mt-:449 th.An five miltQq U P:1 +ho "' 77 0 tee^ ihiIi+ ORG161doRg �nFe�eways a�stKeams e ter- (Qr AG---e vz2--av7z7,- 9 Tcz/`t44d D. (;9MM61Rity Cnrinhmont Ci-Ad Park Development Funds 'MAmel.; shall be used eRly fer parkland aG9 iicitinn anrd pork deyelepmonf 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 revieyVe by the City GG inniI Wold 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 49F49F diaVeIGPMeRtt 99f thP- 49 rAeet tht-Q fnr a pi ihIin park tGGeP.4e—iii: ci ih`-liiioir`n family, asRisted 1440A multifamily, ET o rp- n iv�rirae Fe—thiQl� i{���cc''rrr.�i'rste1440th t l{ ari car-ReGFea eR vpaGe nA.�c+ar Dl.�r 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? 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 A h 4 Legend a2..l Districts �enchrnark Distncls Draft Plan B-t - t 2 .3 _ -4 _ 15 j . i . ®2022 Bickerstaff Heath Deldo Acosta LLP �■—_-�■ Miles Corpus Christi City Council Data Source:Roads,Water and other Created 3!2312022 teeturas obtained from the 2020 ■■■.���____JJ\111 Background Image:ESRI Wurld Street Map Draft Plan B-1 Tgerlline files,U.S.Census Bureau 'Oder,/ 171 112 h ,9a , � I , i ,zz 101 y 108 t � t l t 707 10 23 9 1,9 110 123 49- f 103 - 107 I GDE , us r , ,I 21 101 , + 100 7 38 30 51 ,- 82 99 -RobSlown 52 79 47 33 19 — TX<a— — — — — -— — — 28 44 76 `L5 31 4 Legend 1 60 77 41 39 School Districts34 24 85 58 42 fit E136 2 2022 Election Precincts n,� a 75 q3 59 Benchmark Districts 57 Draft Plan B-t gg1113 74 5653 66 5086 63 2 , 98 97 95 69 66 3 73 4 71 87 5 64 5 1 114 93 72 94 2 95 65 irS 17 20 118 4 12:1 48 84 82 i is i SIS i i . IMiles Corpus Christi City Council ©2022Bickerstaff Heath Delgado Arns�LLP 1 ' Created 3/242022 Data Soume�Roads,Water and other Draft Plan B-1 features obtained from the 2020 Background Image ESRI World Street Map Distrlot 1 Tigerfline files,U.S.Census Bureau 44 4b 31 /6 3J 41 85 60 77 58 6l 62 83 az 24 59 43 57 86 113 s0 2 56 68 63 74 83 19 66 97 96 98 69 /� 13 /� 87 64 71 12 94 93 2 9S 3 40 4 Lend 92 65 School Districts109 2022 Election Precincts 121 f24 enchmark Districts Draft Plan B-1 __-_11 89 90 2 118 3 �0 4 20 5 106 70 91 9 17 0 0.4 o.Ie 1.s Corpus Christi City Council ®2022 Bickerstaff Heath Delgado Acosta LLP i I Miles Created:3/24/2022 q Data Source:Roads,Water and other Draft Plan B'1 features obtained from the 2026 Background Image:SSRI World Street Map District 2 7igcr/lint fit—,U.S.Ccncw Burcau 28 101 100 51 S2 99 52 79 47 46 33 1 44 45 76 31 60 39 41 FS 5ft 61 62 19 24 83 42 3g 75 41 9 i 86 4 13 .50 7a ftn s6 68 4 fi3 5i y, sc s6 98 qq 3 2 a7 71 5 54 rl,�7(1 q3 72 94 2 Fhl 5» 1 5 9.5 65 8 4 92, 109 20 121 84 12 89 118 90 114 106 112 70 12 i Le end School Districts Fbt 7, 2022 Election Precincts v 11q Ben c hmark Districts Draft Plan B-1 �1 wmn ao.e 116 I ----j2 webee poaO K1103 iti L 32 � I3 121 115 VVV 124 15 ftft 57 29 1-25 125 //t'\�0 oL !Miles Corpus Christi City Council ®2022 Bickerstaff Heath Delgado Acosta LLP 1 , Data Jource:Roads,Water and other Created:3�2A�2022 Draft Plan B-1 features obtained from the 2020 Background Image:ESRI World Street Map District 3 Tiger/line files,us.Census Bureau 112 122 108 ,,, ... 1`I3 115 107 111 P r rr Jb 119 109 49 �r � 103 101 21 120 �00 82-7 3830 Sl I 52 -7,9 33 0 4458 60 2 ' 6 34 ^ 2n 75 3 5 S7 g 42\ 1U 7880 74 6663 1139E G964 93 71 7'945 2 15 A 20 y411248 gq 92165 114 11'8106 70 89 120 `119 17 91 32 4 88 G7 124 16 29 125 26 6 128 126 22 1R 17 E1 127 40 gdchool Districts 022 Election Precincts enchmark Districts Draft Plan B-1 1 2 42 3 4 5 02.15 4.5 sMiles Corpus Christi City Council X2022 Bickerstaff Heath Delgada Acosta LLP , ' Data Source:Roads,Water and other Created:3/24/2022 Draft Plan B-1 features obtained from the 2020 Background Image:ESRI World Street Map District 4 Tger/line files,U.S.Census Bureau d© 106 120 114 3 370 2 9, „9 ,] ,,6 32 „5 ,24 88 3 4 B 29 5 ,25 26 126 9Led ,26 School Districts 2022 Election Precincts Benchmark Districts �` 122 Draft Plan B-1 ---11 =2 �3 14 15 Corpus Christi City Council 02022 Bickerstaff Heath Delgada Acosta LLP ■ _' Created:312412022 {� Data Source:Roads,Water and other Draft Plan B-1 features obtained tram the 2020 Background Image:ESRI World Street Map District 5 7igeMine files,U.S.Census Bureau POPULATION AND DEMOGRAPHIC STATISTICS Plan Name: Corpus Christi City:Council Districts -Draft Plan B-1 rb Bickerstaff Heath DNgedO Acosta LLP Demographics Report- Summary 2020 Census Total Population Plan Last Edited on:3/23/2022 2:41:20 PM Hispanic% Non-Hispanic Non-Hispanic Non-Hispanic Non-Hispanic District Persons Ideal Size Deviation of Total White%of Black%of Asian%of Other%of Population Total Total Total Total Population Population Population Population 1 63,799 63,580 0,35% 67.56% 2656% 3.03% 0.68% 2.17% 2 66,201 63,580 1 4,12% 167.99% 25.37% 3.52% 0.87% 2.14% 3 65,507 63,580 1 3,03% 1 7407% 1 17.03% 5.31% 1.43% 2.16% 4 60,414 63,580 -4,98% 39.39% 49.07% 3.39% 3.56% 4.58% 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:9,10% Some percentages may be subject to rounding errors. Report Date: 3/23/2022 2:42:59 PM Page:1 *IF �� �ZQ Based on: 2020 Censers Geography,2020 PL94-171 �`""°"' ° ""., 19 Bickerstaff Plan Name: Corpus Christi City:Council Districts - Draft Plan B-1 n.Heath DdgadoAcoataLtP Demographics Report-Summary 2020 Census Voting Age Population Plan Last Edited on:3/23/2022 2:41:20 PM Hispanic% Non-Hispanic Non-Hispanic Non-Hispanic Non-Hispanic District Total VAP* of Tota VAP Anglo%of Black%of Asian%of Other%of Total VAP Total VAP Total VAP Total VAP 1 48,069 64,48% 29.48% 3.13% 0.74% 2.18°% 2 51,663 64,97% 28.06% 3.84% 097% 2.16% 3 49,584 71,57% 19.21% 5.63% 1.51% 2.08% 4 47,432 36,11% 52.11°% 3.60% 3.80% 4.37% 5 46,523 49.63% 37,65% 4.24% 5.610% 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: 3/23/2022 2:43:49 PM Page:l EDGE Q20 Based on: 2020 Census Geogrophy,2020 PL94-171 P,°° °^a° .s;°.°^g '1, Bickerstaff Plan Name:Corpus Christi City:Council Districts-Draft Plan B-1 Demographics Report-Detailed 2020 Census Total Population Plan Last Edited on:3/23/2022 2:41:20 PM Non-Hispanic BlIND/ HAW/ Other Twoor Black of Asian%of AM Two Ideal Hispanic% Anglo%of NAT% Haw PAC% %of More District Persons Size Deviation Hispanic of Tota[ ANGLO Total Black Total Asian Total Indian TOT Pac is]. of Tota O[her Total Mor re Rates% Population Population Population Population Native pop Pop. Pop Races Tot Pop 1 63,799 63,580 0.35% 43,101 67.56% 16,946 26.56% 1,935 3.03% 435 0.68% 181 0.28% 42 007% 192 0.30% 968 1.52% 2 66,201 63,580 45,009 6799% 16,796 25.37% 2,397 3,62% 579 087% 141 021% 9 0.01% 237 036% 1,033 1.56% 3 55,sG7 G3`iRG 43,SJ;1 74.07% 11,156 17.03% 1 3,477 531% 1 936 1 143F, 1 160 1 0.24/ 1 69 1 0.11% 1 212 0.32%1 975 1.49% 4 60,414 63,580 -4.98% 23,79, 1 39.39% 29,645 1 49.07"% 1 2,050 1 3.391/s 2,148 1 3.56% 1 204 1 0.34'» 1 89 1 0.15% 1 25E 1 0.42%1 2,225 3.68% 5 61,977 1 63,580 1 -2.52% 1 32,52G 1 52.47m 1 21,540 1 34.75% 1 2,555 1 4.12% 3,427 1 5.53% 1 163 1 0.266,, I 59 1 0.10% 1 253 1 0.41%1 1,461 2.36% TOTAL: 317,898 192,952 60.70% 96,083 30.22% 12,414 3.91% 7,525 2.37% 849 0.27% 268 0.08% 1,145 D.36% 6,662 2.10% Ideal Size: 317898/5=63580 Total Population: 317,898 Overall Deviation: 9.10% Some percentages maybe subject to rounding errors. Report Date: 3/23/2022 2:44:09 PM Page:t .SEDGE 2120 Based on:1020 Census Geography,1020 PL94-171 .;, P��„orei Plan Name:Corpus Christi City:Council Districts-Draft Plan B-1 'a BickLP nni::•r.-,�;�..r L. Demographics Report-Detailed 2020 Census Voting Age Population �J MGd1h i)r Plan Last Edited on:3/23/2022 2:41:20 PM % AM IND %AM IND % Two or Total Hispanic Angko %Anglo %Black Asian %Asian HAW/PAC Other %OYher %Two or OistrlR 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 48,069 30,994 64.49', 14,171 79.48% 1S03 3.13% 354 0.74% 149 0.31% 27 0.06% L45 9,30% 728 1.5 L% 2 51,663 33,564 64.97% 14,499 28.06% 1,986 3.84% 499 0.97% 124 0.24% 9 0.02% 196 0.38:% 786 1.52% 3 49,564 35,487 71.57% 9,526 19.21% 2793 5.63% 750 1.51% 126 0.25% 54 O.L1JL 154 0.31% 697 141% 4 47,432 17,128 36.11'% 24,719 52.11% 1,709 3.60% 1,804 380% 167 0.35% 31 O.L7% 187 0.39 0 1,636 345% 5 46,523 23,088 49.63°d 17.517 37.65% 1,972 4.24% 2,609 5.61% 144 031% 41 1 0.09% 169 0,36% 984 2.17 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 may be subject to rounding errors. Report Date: 3/23/2022 2:44:23 PM 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 42 16 * 17 29 21 43 20 18 67 23* 48 24 19 * 88 30 50 32 40 115 31 53 34 81 116 33 56 70 90 124 38 57 71 91 125 39 58 74 92 (Partial) 126 41 59 78 117 127 * (Partial) 44 61 80 120 128 45 62 93 122 46 63 95 127* (Partial) 47 64 98 49 65 106 Melberg 51 66 112 42 52 68 113 60 69 114 * San Patricio 76 72 118 112 77 73 119 113 79 75 121 115 82 83 85 84 99 86 100 87 101 89 103 * 92 (Partial) 107 * 94 110 96 111 * 97 123 109 *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 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: Eyvon McHaney, Director of Human Resources Eyvo n M c(a-)-cctexas.com (361) 826-3979 Josh Chronley, Assistant Director of Finance - Procurement JoshC2(a-)cctexas.com (361) 826-3169 Benefits Consulting Services CAPTION: Motion authorizing a three-year service agreement with two one-year options with HUB International, Texas Inc., for benefits consulting services for the City's health plans and benefits programs in an amount not to exceed $87,500 per year in the initial three-year agreement for a total of$262,500.00 and a potential amount not to exceed $445,454.00 which includes a 3% increase each option year if the options are exercised, with FY 2022 funding of$43,750.00 available from the Other Employee Benefits Fund. SUMMARY: This motion authorizes a three-year service agreement with two one-year options with HUB International, Texas Inc., for benefits consulting services for the City's health plans and benefits programs. The City of Corpus Christi employs over 3,000 benefits eligible employees and maintains approximately 450 retirees who participate in City health plans. A benefits consulting firm is critical to large self-insured public entities. The consulting firm will work in close partnership with the City to create customized, multi-year strategic plans to manage and reduce plan costs, ensure compliance, and achieve healthcare objectives for employees' and retirees' health and productivity. BACKGROUND AND FINDINGS: The prior Benefits Consultant contract was awarded to HUB International from October 2017 through September 2021 as a one-year contract with up to four one-year extension options. To ensure that pricing and services were competitive, management made the decision to solicit for new proposals versus extending the agreement for the fourth and final option year. The previous service agreement was for a total amount of$246,835.00, with the first year priced at$59,000 and subsequent years increasing 3% per year. Option year three pricing was $64,470. The recommended employee benefits consultant, HUB International, Texas Inc., will partner with the City of Corpus Christi and provide the following services: • Analysis and Reporting o Provide actuarial analysis based on utilization and performance reports, statistical reports, and plan specific data o Assist the City in monitoring and analyzing health care trends and provide timely alerts on changing patterns and appropriate recommendations o Provide reports such as costs analysis for benefit changes and other statistical, financial, forecasting, trend, labor negotiations, or experience reports • Liaison and Problem Intervention o Provide day-to-day consultation on plan interpretation and problem resolution o Provide timely customer service and assistance to staff, employees and retirees with issues involving provider billing, claims, vendor service issues/problems, advocacy for services, disputes, interpretation of contracts and services, changes, and general troubleshooting o Attendance as needed at meetings with City staff, employees, and/or retirees in order to facilitate and assist in the management of the City's employee benefit plans • Compliance o Assist with ongoing plan administration and ensure that programs are in compliance with State and Federal legislation o Conduct compliance audit of City's policies and procedures, (ACA, COBRA, HIPAA, USERRA, etc.) o Provide access to attorney and compliance department as needed for health and welfare benefit related questions • Annual Renewal Process and Evaluation o Continue to refine a strategy for benefits, both annually and three to five years in the future Consider trends, prospective legislations, new delivery systems, and geographic health- care practices to make long-term projections o Review proposals and prepare an analysis of each with recommendations o Review and make cost-saving recommendations regarding the modification of plan design, benefit levels, premiums, communications, and quality of current employee and retiree benefit plans o Provide annual estimates of renewal rates and cost trends and assist City staff in preparation of budget figures • Other Service Requirements o Assist in the development of an employee wellness program to improve employee health and reduce employee and retiree health-care costs, for both the short- and long-term o Recommend and help develop enhancements and improvements for communications specific to the needs of City employees and retirees, including, but not limited to, brochures, pamphlets, matrices, comparison charts, summaries, electronic communications, forms, handbooks, and employee orientation o Provide timely research and responses to technical questions posed by City staff In addition to the services listed in the above bullets, HUB will provide a comprehensive Audit of the City's Self-Funded Benefits Program, reviewing all areas referenced in the Request for Proposals (RFP). As part of this work, HUB will work with City staff to create a customized, multi-year strategic plan with the detailed action steps needed to create a long-term strategy that manages plan costs, ensures compliance, and improves the City's employees' health and productivity. One example of the value that HUB brings to the City can be seen in the Best and Final offers made during the previous Health Benefits Consultant RFP. HUB requested that the competitors add wellness dollars to their best-and-final offers. This request resulted in over $800,000 in wellness dollars and credits from the scoring committee's final selection, BlueCross BlueShield of Texas. PROCUREMENT DETAIL: The City's Procurement team conducted a competitive Request for Proposal (RFP 3669) process to obtain proposals for Benefits Consulting Services. Four firms submitted for the Benefits Consulting Services. HUB International, Texas Inc. scored the highest and was selected to provide Benefits Consulting Services. The selection committee was comprised of representatives from Human Resources, Risk Management/Legal, Corpus Christi Police Officers Association and the Corpus Christi Professional Firefighters Association. The City Manager's Office was on the panel as a non-scoring member. The final evaluation including pricing qualified HUB International, Texas Inc. as the highest ranked firm based on three factors: 1) firm's experience 2) team experience and identification, and 3) understanding of project scope. HUB International, Texas Inc. was the incumbent and has provided services to the City of Corpus Christi since October 2018. HUB International, Texas Inc. has worked on other projects of similar scope and complexity, to include projects with Brazoria County, City of Pearland, City of Sugarland, City of Galveston, and City of Wichita Falls. ALTERNATIVES: The City can choose not to hire a benefits consultant to oversee its self-funded and fully funded health plans and benefit programs. However, in the absence of a benefits consultant, an actuarial service would need to be contracted to compute annual plan costs and health care premiums. FISCAL IMPACT: The fiscal impact for a three-year service agreement with two one-year options with HUB International, Texas Inc., is an amount not to exceed $262,500.00, and a potential total amount not to exceed $445,454.00 (which includes a 3% increase each option year, if the options are exercised). For FY 2022, funding of$43,750.00 is available from the Other Employee Benefits Fund. FUNDING DETAIL: Fund: 5614 Organization/Activity: 40610 Mission Element: 213 Project # (CIP Only): NA Account: 530000 RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement, with two one-year options, with HUB International, Texas Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP 3669: BENEFITS CONSULTING SERVICES Gallagher Benefit HUB International, InsMcGriff Insurance Proposal Evaluation Services, Inc. Texas Inc. group, Inc. Services, Inc. MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Required five years in business I/ V No outstanding lawsuits during last 5 years No outstanding regulatory issues last 5 years No current litigation wit the City during last 5 years References Provided for firm Past Performance and Reference Checks TECHNICAL PROPOSAL (70 PTS) 53.0 68.0 35.0 63.0 Firms'Experience(25 pts) 20.8 24.4 11.8 22.8 Team's Experience(20 pts) 17.2 19.2 10.6 18.8 Understanding of Project Scope(25 pts) 15.0 24.2 13.0 21.8 INTERVIEW(20 PTS) 12.0 20.0 0.0 12.0 Firms'Experience(7 pts) 4.2 7.0 4.2 Team Identification (6 pts) 4.0 5.8 3.4 Understanding of Project Scope(7 pts) 4.0 7.0 4.2 PRICING (10 POINTS) 6.0 8.0 0.0 10.0 TOTALI 71.0 1 96.0 1 35.0 1 85.0 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E �yV SC G° a 0 H SERVICE AGREEMENT NO. 3669 U BENEFITS CONSULTING SERVICES yeanaonn!e 1852 THIS Benefits Consulting Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and HUB International, Texas Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Benefits Consulting Services in response to Request for Bid/Proposal No. 3669 ("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 Benefits Consulting Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for three years. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $262,500.00, 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 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 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: Tracey Lawson Department: Human Resources Phone: 361-826-3314 Email: TraceyL@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 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 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. 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 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: Tracey Lawson Title: Assistant Director of Human Resources Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3314 Fax: 361-826-3322 IF TO CONTRACTOR: HUB International, Texas Inc. Attn: Brent Weegar Senior Vice President 10000 N. Central Expressway, Ste 1200, Dallas, Texas 75231 Phone: 214-443-2429 Fax: 214-443-2424 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 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. 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 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. 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 6 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E CONTRACTOR DocuSigned by: Signature: '� w� 6D�3F54z ... Printed Name: Brent Weegar Title: senior vice President Date: 2/23/2022 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 and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3669 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E ATTACHMENT A - SCOPE OF WORK General Requirements The Consultant shall provide health plan and benefits consulting services for our self- funded and fully funded benefits programs. The City of Corpus Christi employs over 3,000 benefits-eligible employees and maintains approximately 450 retirees who participate in the health plans. Scope of Work The Consultant shall work in close partnership with the City of Corpus Christi Human Resource Benefits Department in the following areas. A. Offering RFP Services At the request of Benefits staff, the Consultant shall provide Requests for Proposals (RFP) Scope of Work specification services and support for each item listed below. 1 . Provide RFP Drafting, Release and Support Services. 2. Provide Comprehensive Cost/Benefit Analysis including Medical, Pharmacy & Network Formulary Disruption, and Repricing Reports with methodology for Network Analysis. 3. Provide Reinsurance Analysis and Retention Level Recommendations with methodology for Reinsurance & Retention Level Analysis. 4. Provide Contract Review and Comparisons reports with vendor scoring support with scoring methodology. 5. Provide Performance Guarantee and Rate Guarantee Analysis. 6. Provide vendor finalist meetings and negotiations support. 7. Provide Reports and Recommendations for RFP awards. 8. Provide full support towards plan implementation. B. Account Management Services The Consultant shall provide staff with Account Management services and support for each item listed below. 1 . Serve as a liaison between City of Corpus Christi and Carriers coordinating benefits communication strategy and materials, handling escalated employee issues with vendors and claims and assisting with carrier billing inquiries. 2. Conduct employee surveys and meetings to monitor client satisfaction, and provide industry updates, newsletters, and white papers. DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 3. Provide implementation support of new and renewing contracts validating carrier data/experience with methodology for renewal. 4. Review plan documents and contracts and conduct claim/premium audits as required. 5. Make recommendations on plan-design changes and provide financial analysis of the cost impact of these changes. 6. Provide and deliver ad hoc reports and presentations to various City of Corpus Christi representatives, including the City Council. C. Analytical Management Services The Consultant shall provide analytical services and support for each item listed below. 1 . Provide benchmarking of industry, size, and geography specific data reports with city comparative analysis. 2. Provide monthly claim reporting and quarterly claim analysis. 3. Provide validation of carrier data/experience. 4. Provide use and methodology of a benefits data warehouse system. e.g. - Artemis System 5. Provide in-house actuarial services and reports. a. Explain frequency. b. If completed by a third-party, please explain. 6. Provide network reviews, plan utilization reporting and trend identification to determine administrative efficiency i.e., duplicates ineligibles, incompletes, not covered. 7. Provide employee contribution analysis and methodology on medical insurance plans. 8. Provide plan modeling analysis and recommendations. 9. Provide risk retention review reports. 10. Provide plan cost forecasts and cost saving methodologies to include IBNR reserve and stop loss analysis, dialysis carveouts, transplant network, specialty drug, COBRA rates. 11 . Provide purchasing coalition recommendation with access to national networks and significant discounts. 12. Provide pharmacy consulting and analytical reports of PBM options to lower drug costs and improve benefits with the ability to procure contractual guaranteed discount and rebate provisions. a. Provide an example of a pharmacy analytics report. DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E 13. Provide budget development support. 14. Provide Affordable Care Act Impact Analysis and Projections. D. Compliance Management Services The Consultant shall provide compliance management and support for each item listed below. 1 . Provide compliance recommendation, audits, reports, and checklists to include Affordable Care Act and other legislation updates. 2. Provide webinars & training sessions for staff and employee groups including fiduciary compliance. 3. Provide access to in-house ERISA and/or non-ERISA benefit attorneys. 4. Provide annual federal notices and compliance calendars. 5. Provide document compliance analysis and development support. E. Health & Performance Management Services The Consultant shall provide Health Performance plan development and support for each item listed below. 1 . Wellness consulting - current program review/recommendations 2. Health and Wellness Clinics 3. Wellness education 4. Vendor review and management 5. Data collection management and reports 6. Dashboard implementation/tracking 7. Targeted health management 8. Provide support for Benefits Administration programs or Enrollment Platforms with carrier feed support. 9. Provide HR portal access and billing report services. 10. Provide a dedicated member support team with a dedicated 800 number. 11 . Research and report any new developments in the employee benefits arena on an ongoing basis. 12. Inform and recommend innovative ideas and new products, programs and services to ensure a competitive and cost- effective benefits program. DocuSign Envelope ID: 24818E624AA7-4100-8616'F371F762689E `.ING SCHEDULE HUB International Insurance Services HUB10000 North Central Expressway,Ste.1200 Dallas,TX 75231 P:(214)443-2400 it0`{Ay " ', CITY OF CORPUS CHRISTI Pricing Farm CONTRACTS AND PROCUREMENT r RFP No. 3669 BENEFTIS CONSULTING SERVICES PATE: 9/23/2021PAGE 1 OF 2 f I! HUB International, Texas Inc- PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication,or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer, and the I)isclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1 Fixed flat fee to perform Benefits Consulting Services 3 YRS 87.0500 as outii ned in the Scope of Services for first term. Option Year 1 - Fixed flat fee to iperform Benefits 90: 125 2 Consulting Services as outlined in the Scope of 1 YR $ Services for extension year one. Option Year 2 - Fixed flat fee to perform Benefits 3 Consulting Services as outlined in the Scope of 1 YR $ 92,829 Services for extension year two. GRAND TOTAL $445,454 Page 140 0 2021 HUB International Limited. DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E ATTACHMENT C - INSURANCE AND BOND 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: DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 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 this Service Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID:24818E62-4AA7-4100-8D1 C-F371 FD62689E ATTACHMENT D - WARRANTY No warranty is required for this agreement. so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting March 29, 2022 DATE: March 29, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Ramirez, Interim Director of Water Utilities gabrielr(a)cctexas.com (361) 826-1202 Josh Chronley, Assistant Director of Finance-Procurement Joshc2(a)cctexas.com (361) 826-3169 Supply Agreement for 25% Sodium Chlorite Solution CAPTION Motion authorizing a two-year supply agreement, with two one-year options with International Dioxcide Inc. of North Kingstown, Rhode Island for the purchase of 25% Sodium Chlorite Solution for an amount not to exceed $1 ,452,000.00 for the initial 2 years and a potential amount not to exceed $3,353,250.00 for a four-year term which includes a 3% increase each option year if the option periods are exercised, with FY 2022 funding of $363,000.00 available from the Water Fund. SUMMARY: This supply agreement is for 25% Sodium Chlorite Solution for the O. N. Stevens Water Treatment Plant and is used to introduce chlorite into the treatment process. BACKGROUND AND FINDINGS: Sodium chlorite solution is a chemical used for the generation of chlorine dioxide at the O.N. Stevens Water Treatment Plant. This chemical helps to oxidize organic matter in the water through the generation of chlorine dioxide. This chemical also introduces chlorite into the water to aid in the prevention of nitrification for the distribution system. PROCUREMENT DETAILS: Finance — Procurement conducted a competitive Request for Bids process to obtain bids. The City received two responsive responsible bids and staff is recommending the award to international Dioxcide Inc. This chemical was purchased in 2018 from the same vendor and the price was 0.468 per wet pound. The price in 2022 is 0.484 per wet pound, representing a 3.4% increase in the price per wet pound. ALTERNATIVES: An alternative to securing a two-year supply agreement is to purchase 25% sodium chlorite through short-term supply agreements. However, this chemical (25% sodium chlorite) is the least volatile of all the chemicals purchased for water treatment and locking in the price is the best option. FISCAL IMPACT: The fiscal impact for the Water Fund in FY 2022 is $363,000.00. Funding Detail: Fund: 4010 Water Organization/Activity: 31010 Stevens Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Accounts: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of the motion authorizing this supply agreement with International Dioxcide Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 SC > SUPPLY AGREEMENT NO. 4018 U 25% Sodium Chlorite fhaaaoRp 1852 THIS 25% Sodium Chlorite Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and International Dioxcide, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide 25% Sodium Chlorite in response to Request for Bid No. 4018 ("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 25% Sodium Chlorite 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 two 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 two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,452,000.00, subject to approved extensions and changes. Payment will be Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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: Diana Zertuche-Garza Department: Utilities Department Phone: (361 ) 826-1827 Email: DianaZ@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 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 12. Subcontractors. In providing the Goods, 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: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1627 Fax: (361 ) 826-4495 IF TO CONTRACTOR: International Dioxcide, Inc. Attn: Thomas M. Dwyer Title: Business Director Address: 40 Whitecap Drive, North Kingstown, RI 02852 Phone: (401 ) 295-8800 Fax: (401 ) 295-8800 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, Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 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. 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:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 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:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 CONTRACTOR E by: Signature: Ow�aS vw�tr T Printed Name'. Thomas M Dwyer C102 Business Director Title: Date: 2/22/2022 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. 4018 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:49EAC2A5-8A7D-471 D-85D5-EMEU616459 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide a 25% Sodium Chlorite Solution as outlined in this Scope of Work to be used at the City of Corpus Christi Water Treatment Plant. This chemical is used to generate Chlorine Dioxide and introduce Chlorite into the treatment process. The Chlorite aids in the prevention of nitrification in the distribution system. The 25% Sodium Chlorite Solution must conform to all the requirements of this specification. 1.2 Scope of Work A. The Supplier shall provide with every delivery a chemical analysis for each chemical shipment, and the chemical analysis must include the percentage of assay, specific gravity and pH. MATERIAL REQUIREMENTS: The Sodium Chlorite Solution delivered under this agreement will meet the following specifications: Item Weight Assay 24.5 - 25.5% as NaC1O2 pH >12.0 Specific gravity 1 .211 Certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 for drinking water treatment chemicals-health effects. The product must meet the AWWA Standard B603-03. B. Orders will be placed by telephone or email. The Supplier will deliver the amount of Sodium Chlorite Solution ordered within ten (10) calendar days of order placement. No minimum or maximum purchase of Sodium Chlorite Solution is guaranteed by the City within the duration of the contract. 1.3 Delivery and Weighing Requirements A. Deliveries will be made to the following location: O. N. Stevens Water Treatment Plant 13101 Leopard St. Corpus Christi, Texas 78410 Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 Deliveries shall be made between 8:00 a.m. and 5:00 p.m., Monday through Sunday, excluding holidays, unless specific arrangements are made otherwise. B. Shipments will be delivered in 4,000-gallon tank trucks. Each chemical shipment must be weighed on a state certified truck scale located within the city limits of Corpus Christi before delivery to and after unloading at the water treatment plant. C. Deliveries of Sodium Chlorite must be by drivers thoroughly trained and familiar with the related hazards, safety measures and spill cleanup procedures for Sodium Chlorite. All spills and leakage, regardless of size must be properly and immediately cleaned up by Supplier's personnel. The Supplier shall be required to respond to any and all such emergencies within eight (8) hours of being notified. D. The Supplier will be responsible for unloading the chemical. The Supplier shall provide any special equipment necessary for unloading, up to and including, hoses, connections, compressors, etc. E. The Supplier must provide an affidavit of compliance to the City of Corpus Christi stating that at the time of delivery the chemical furnished under the release order complies with all applicable requirements of this specification. F. The Supplier shall allow two hours "unloading time" for each chemical shipment, starting from the time the load enters the plant site to the time the unloading of the chemical shipment is completed. Unloading of the chemical is complete when unloading apparatus is disconnected from storage facilities and secured, and a designated City of Corpus Christi representative has signed all delivery tickets for each respective load. Any unloading time in excess of two hours which is directly attributable to the City will be paid for at the unit price bid for "Unloading Delays," rounded and prorated to the nearest quarter hour. This amount shall be included with the invoice for payment for that particular load of chemical. G. City of Corpus Christi Plant Supervisors, or their designee, may take a sample of any chemical shipment for testing prior to unloading of the chemical. In addition, approximately every three months during the supply agreement, the City will take a random sample of the chemical upon delivery. This sample will be sent to an Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 independent laboratory chosen by the City and tested for all items outlined in the product specifications. H. The Plant Supervisor may reject any chemical shipments that contain a concentration of any component outside the allowable concentration range as specified in the product specifications. 1.4 OSHA and Training A. The Contractor must comply with all requirements and standards of the Occupational Safety and Health Act (OSHA). All appropriate markings shall be in place before delivery. Items not meeting OSHA specifications will be refused. B. The Contractor shall provide training to City employees in the safe handling, storage and use of the materials on an as needed basis when the ONSWTP operations management determine it is necessary or when a request is made. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage and use. Also, all information contained in the Safety Data Sheet shall be thoroughly covered. 1.5 Ownership The City's ownership of the Sodium Chlorite shall begin, and the Supplier's ownership shall cease, upon the unloading of the chemical at the ONSWTP. 1.6 Invoicing A. The Supplier shall be responsible for mailing a legible copy of each chemical shipment on local certified weight tickets, chemical analysis and bill of lading with each invoice within five business days of delivery of the chemical. Payments to the Supplier will not be processed unless this requirement is met. B. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1. Supply Agreement No. and/or Purchase Order No. 2. Ship to: Local Name and Address 3. Invoice No. and Bill of Lading No. 4. Ordered by: Include Name of ONSWTP employee 5. Shipping Date and Invoice Date 6. Quantity, Unit Price and Total Price Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 C. The Contractor shall mail the original invoice to the address below and email a copy to UtilitiesDept@cctexas.com and JenniferK2@cctexas.com. City of Corpus Christi Attn: AP/Utilities Dept. P. O. Box 9277 Corpus Christi, TX 78469-9277 Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 Attachment B - Bid Pricing Schedule s cr,�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT Q BID FORM "MOORPOR,EO �sg2 RFB No. 4018 25% Sodium Chlorite Solution PAGE 1 OF 2 Date: 2/11/22 Authorized Bidder: International Dioxcide Inc Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information i 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 24-Month Unit Total Qty. Price Price 1 25% Sodium Chlorite Wet Lbs. 3,000,000 $ 0.484 $ Solution 1 ,452,000 2 Est. Unloading Delay Hrs. 25 $ N/A $ N/A Charges Total $ 1 ,452,000 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 First -Year Extension Option Item Description Unit 12 Month Unit Total Price Qty- Price 1 25% Sodium Chlorite Wet lbs. 1,750,000 $ $ Solution 0.499 873,250 2 Est. Unloading Delay Hrs. 25 $ $ Charges N/A N/A First- Year Extension Total $ 873,250 Second - Year Extension Option Item Description UNIT 12 Month Unit Total Qty- Price Price 1 25% Sodium Chlorite Wet Lbs. 2,000,000 $ $ Solution 0.514 1,028,000 2 Est. Unloading Delay Hrs. 25 $ N/A $ Charges I N/A Second - Year Extension Total $ 1,028,000 3 Year Total $ 3,353,250 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 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 City's Risk Manager and Contract Administrator, one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 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 AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is Exhibit. not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per occurrence 3. In the event of accidents of any kind related to this project, Consultant must Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-EMEU616459 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:49EAC2A5-8A7D-471 D-85D5-EMEU616459 ■ 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 1 -B Purchase Contracts - Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 05/10/2021 Risk Management- Legal Dept. Revised 1 1.30.20 DocuSign Envelope ID:49EAC2A5-8A7D-471 D-85D5-E3AE6F616459 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." Procurement Department RFB #4018 Sr. Buyer: Cynthia Perez 25% Sodium Chlorite Solution Evoqua Water Technologies International Dioxide Inc. - LLC. - North Kingstown, Sarasota, Florida Rhode Island 24-Month ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price 25%Sodium Chlorite Wet 1 Solution Lbs. 3,000,000 $ 0.481 $ 1,443,000.00 $ 0.4840 $ 1,452,000.00 Est. Unloading Delay 2 Charges Hrs. 25 $ 100.00 $ 2,500.00 0.00 0.00 TOTAL $ 1,445,500.00 $ 1,452,000.00 First Year Extension Option 12-Month ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price 25%Sodium Chlorite Wet 1 Solution Lbs. 1,750,000 $ 0.509 $ 890,750.00 $ 0.4990 $ 873,250.00 Est. Unloading Delay 2 Charges Hrs. 25 $ 100.00 $ 2,500.00 0.00 0.00 First Year Extension TOTAL $ 893,250.00 $ 873,250.00 Second Year Extension Option 12-Month ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price 25%Sodium Chlorite Wet 1 Solution Lbs. 2,000,000 $ 0.539 $ 1,078,000.00 $ 0.5140 $ 1,028,000.00 Est. Unloading Delay 2 Charges Hrs. 25 $ 100.00 $ 2,500.00 0.00 0.00 Second Year Extension TOTAL $ 1,080,500.00 $ 1,028,000.00 3 Year-Total $ 3,419,250.00 $ 3,353,250.00 �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 29, 2022 DATE: March 29, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye(a cctexas.com (361) 826-3851 Dante Gonzalez, Interim Director of Parks & Recreation DanteG(a-)cctexas.com (361) 826-3133 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement heatherh3(a)cctexas.com (361) 826-3227 Design Contract Award North Beach Restroom and Parking Facilities (Bond 2020) CAPTION: Motion awarding a Design/Build Contract to SpawGlass Contractors Inc., Corpus Christi Texas, and authorizing the design phase services for the design of new restrooms, parking lot and park amenities at Surfside Park in North Beach for a total amount of $196,522.00, located in Council District 1, with FY 2022 funding available from the Park and Recreation Bond 2020 Fund. SUMMARY: This motion authorizes the design of a new restroom facility with a new parking lot and playground area with picnic tables for families. The facility will be located at the east end of Surfside Park in North Beach. This project will replace the existing restroom and parking lot which has reached its expected life and will add a new restroom facility for beach goers and other amenities to help patrons enjoy the seaside experience. BACKGROUND AND PURPOSE: The existing bathrooms and parking lot at Surfside Park in North Beach have reached their useful life expectancy and require major renovation. The facility is located in a FEMA velocity flood zone and the existing parking lot and restroom are subject to frequent flooding. The new restrooms are proposed to be constructed approximately 175 feet east of the existing restrooms to reduce the susceptibility to flooding. Park amenities like playground and picnic tables are proposed in the open space. The current building code requires all structures located in a velocity zone to be elevated 1' above the base flood elevation. This will require the new restroom to be built on piers approximately 10 to 12 feet above the existing ground. The design will incorporate a walkway ramp that satisfies the Americans with Disabilities Act (ADA) accessibility requirements. The surrounding areas to the facility will be elevated up to 2 feet to mitigate nuisance flooding during high tides and rain events. This project is proposed to be constructed utilizing a Design-Build contract. This item will authorize the SpawGlass Contractors Inc. to begin design of the project and to prepare construction documents based on the City's design criteria. It is anticipated that the design will take approximately 4 months to complete. During this four-month design period staff will negotiate a construction contract with SpawGlass for the construction of the facility and the proposed improvements. After the completion of the design, the construction contract will be presented to Council for consideration and approval. COMPETITIVE SOLICITATION PROCESS: On August 19th, 2021, the Finance & Procurement Department issued a Request for Qualifications (RFQ) Number 3843 — Project 21082. The City received Statements of Qualifications (SOQ) from 5 respondents. The SOQ evaluation committee consisted of representatives from the Parks and Recreation, Engineering Services and the City Manager's Office. On December 2nd, 2021, the selection committee conducted interviews for the top four firms. The interview committee consisted of representatives from the Parks and Recreation Department, Asset Management, Engineering Services Department, Contracts and Procurement Department and the City Manager's Office. Firms were ranked based on three factors: 1) firms experience, 2) team's experience, 3) and understanding of the project scope. The final evaluation ranked SpawGlass Contractors Inc. as the highest scorer and is recommended as the most qualified for this project. SpawGlass Contractors Inc. has extensive experience in design-build projects. Some of their project experience includes: CCIA Terminal & GA Apron Rehabilitation, Texas State Aquarium Wildlife Research Center, Del Mar College Workforce Development Center Upgrade, TAMU Corpus Christi Student and Welcome Center Renovation, CHRISTUS Spohn Shoreline CSR Equipment Replacement, CHRISTUS Spohn South Thomas Spann Clinic - 2nd Floor Wellsprings Building. ALTERNATIVES: City Council could instruct staff to reject this proposal and not move forward with this project. The result of this decision would effectively remove badly needed restroom facilities from the area since the existing facilities have reached their useful life and need to be demolished and removed from the site. FISCAL IMPACT: The fiscal impact in FY2022 is an amount of$196,522.00 with funding available from the Bond 2020 Fund to conduct the design portion of the contract. Future construction costs will be fully funded using Bond 2020 Fund. FUNDING DETAIL: Fund: Park and Recreation 2021 Bond 2020 (Fund 3296) Mission Elem: Maintaining Park and Recreation Facilities (141) Project No.: North Beach Restroom and Parking Facilities (Project No. 21082) Account: Construction (550910) Activity: 21082-3296-EXP Amount: $196,522.00 RECOMMENDATION: City staff recommends awarding a design contract in an amount of $196,522.00 to SpawGlass Contractors Inc. for North Beach Restroom and Parking Facilities. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Evaluation Matrix Contract CIP Page ; «� t -:27<=;� PROJECT LOCATION N SCALE: N.T.S. �.B Jtl PROJECT LOCATION a NUECES BAY 181 LOCATION MAP NOT TO SCALE SOF F�`TO�CORRIDOR SHIP CHANN Q CORPUS CHRISTI < O o F agRO A, r o LEOPARD U O a z 44 6q CORPUS CHRISTI 0� Oh/N 286 INTERNATIONAL r AIRPORT OR(3P 358 j M O N rn04 y N O mO� C9 �2 cgRO<F `fir �0�� SAGO. U �v ho � o � 358 CABAN ISS co FIELD Q Qv 43 VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21082 CITY COUNCIL EXHIBIT SURFSIDEPARK BATHROOM CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES "m• �" �' SCALE: N.T.S. �v0' , ; s, " e aw° NEW BATHROOM LOCATION f AVS n n � � , k a; + s � AL or R/ r $ z Nok N u �� a• � 1114ji tlM 181I1� r AERIAL MAP PROJECT NUMBER: 21082 0 NOT TO SCALE CITY COUNCIL EXHIBIT SURFSIDEPARK BATHROOM CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES March 14, 2022 Brett Van Hazel City of Corpus Christi Engineering Services Assistant Director of Engineering Services: Construction Management RE: 21082 North Beach Restroom and Parking Facilities Proposal Request: Project Design Services Dear Mr. Van Hazel, Thank you for the opportunity to submit a proposal for Architectural & Engineering Design Services for the Surfside Park North Beach Restroom and Parking Facility in Corpus Christi, TX. Based on our understanding of the project, SpawGlass and EDR Architects proposes to provide architectural and engineering design services for a new raised Restroom Facility with Parking Facilities and Shaded Picnic Areas a for a design fee of $ 196,522. The proposed City target construction budget is $1,800,000. Our scope of Design Services includes the following: Description of Scope. 1. Code analysis under the current codes and ordinances adopted by the local authorities at the time of contract execution a. IBC 2021 Codes 2. Architectural Construction Documents 3. Structural Engineering a. Engineering to meet Windstorm Requirements and Preparation of the Windstorm Certification applications, submittals and TDI Inspections. b. Restroom Elevated Structure c. Canopies over picnic areas d. Shop Drawing Review e. Site visits to verify work is in accordance with the Structural CD's and TDI approved shop drawings. 4. Mechanical, Electrical and Plumbing Engineering a. Electrical Commissioning Services b. Site Lighting Design c. Construction Phase Site Observations (5 trips/1 Person each Trip) 5. Landscape Architectural Design 6. Geotechnical Investigation a. Does not include special inspections testing b. One boring to a depth of 30' inside building footprint of elevated restroom. c. Two borings to a depth of 15' within community recreation space d. One 15' boring at new parking lot light pole e. Two 5' borings within parking lot area 7. Topographic Survey 8. Civil Engineering Design a. Civil Sitework Design b. Preconstruction Elevation Certificate c. Under Construction Elevation Certificate d. Finished Construction Elevation Certificate e. Metes and Bounds Description for Electrical Easement 9. Submission of documents and fees associated with Texas Department of Licensing and Regulations of Architectural Barriers plan review & inspections, along with ADA inspections. 10. Bid services with Design/Build Contractor, including: preparing bid documents, pre-bid conference at the site, addendums, etc. 30%, 60% and 90% Submittals. Design Service also includes 100% Signed and sealed For Construction Documents 11. EDR Architects Contract Administration includes: Submittal/Shop Drawing Review, pay application review, RFI's, OAC (Owner, Architect, Contractor) Meetings, Site Observations during design, Site Renderings with each Design Package, Preliminary and Final site punch list walk throughs and 11 month warranty walk through with Owner/Contractor. 12.SpawGlass services include: Site investigations, constructability reviews, scheduling, pricing of each design package, value engineering, review material selections, meeting attendance & minutes and participation in 11 month warranty walk through. 13.SpawGlass will pay for DSD Plan Review and Permit Fees as part of the Construction Cost of Work. 14.Any Allowances and/or Alternates will be identified and included as part of the future Construction Cost of Work. One example of a potential alternate could be the demolition of existing restroom once new is operational 15. EDR Architects is HUB Certified (See attached certificate). The HUB Participation for the Design Services portion of this project is 66%. 16.See attached Preliminary Design Deliverable Schedule. Deliverables: 1. Electronic PDF and AutoCAD files. 2. Hard Copies of Final Approved Drawings and Construction As-Builts Exclusions: 1. Anything not listed above, including Code required special inspections that will be performed by an independent Testing Laboratory. 2. All AEP engineering and/or service fees Note: This proposal is valid for thirty (30) days only. Mike Merritt, - Brett Van Hazel SpawGlass Contractors, Inc. City of Corpus Christi Detail Report Corpus Christi North Beach Surfside Park Pre Constructuion Services Estimate Date: 02/28/2022 Documents Date: 02/22/2022 Project Size (SF): 76,500 Project #: 3021269 Project Location: Corpus Christi, TX Lead Estimator: Samuel Saldana ITEM QUANTITY I UM UNIT COST TOTAL COST D � . 196,522 Preconstruction Services 196,522 Design Services 1.0 LS 129,000.00 129,000 Preconstruction Services 1.0 LS 67,522.00 67,522 Tota/ Cost $ 196,522 Corpus Christi North Beach Surfside Park Estimate Date:0212812022 Pre Constructuion Services Page 1 of 1 Documents Date:0212212022 Summary Report Corpus Christi North Beach Surfside Park Pre Constructuion Services Estimate Date: 02/28/2022 Documents Date: 02/22/2022 Project Size (SF): 76,500 Project #: 3021269 Project Location: Corpus Christi, TX Lead Estimator: Samuel Saldana ITEM COST COST I SF %OF TOTAL Tota/ Cost $ 196,522 $ 2.57 100.00 % Corpus Christi North Beach Surfside Park Estimate Date: 0212812022 Pre Constructuion Services Page 1 of 1 Documents Date:0212212022 Surfside Park Beach Restroom Parking Facilities Design Schedule I. Schedule Review: RFP Current Notes Schedule MM/DD/YY MM/DD/YY MM/DD/YY Submit Statement of Qualification 09/29/21 09/29/21 Preliminary Design Drawings 02/08/22 OAR/MIG Prel. Design Review 02/09/22 D/B Team Design Services 02/28/22 Proposal f D/B Design Services Prop. Review 02/28/22 Design Proposal Council Approval 03/29/22 Notice of Contract Award 04/18/22 f Notice to Proceed with Design 04/18/22 Preconstruction Kick off meeting Week of 4/18/22 - ......... _ 60% Design Package from D/B 05/23/22 60% Design Package City Review 06/06/22 60% Design Package Pricing 06/13/22 I 60% Design Package Approval 06/27/22 90% Design Package from D/B 07/25/22 90% Design Package City Review 08/15/22 90% Design Package Pricing 09/02/22 90% Design Pack. GMP Review 09/16/22 GMP Proposal to Council TBD 10/2022 ............_._. Final Construction Contract/NTP TBD 100% Design Package 09/30/22 Page 1 of 4 • s'pawGIas,, Surfs1de Park North Beach estroom and Parking Facilities Design Schedule 100% Design Package City Review 10/14/22 100% Design Package Pricing 10/21/22 1 100% Design Pricing Approval 10/28/22 NTP/ Buyout/ Contracts 10/31/22 Submit Plans for Permitting 10/31/22 C. of C.C. Permit Approval 11/18/22 Estimated Substantial Completion 06/18/23 Estimated Final Completion 07/18/23 Page 2 of 4 %1 GLENN HEGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority, woman, and service disabled veteran-owned businesses as HUBs and facilitates the use of HUBs in state procurement and provides them with information on the state's procurement process. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. Provided that your company continues to meet HUB eligibility requirements, the attached HUB certificate is valid for the time period specified. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note:Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please visit our website at http://comptroller.texas.gov/procurement/prog/hub/ and reference our publications (i.e. Grow Your Business pamphlet, HUB Brochure and Vendor Guide) providing addition information on state procurement resources that can increase your company's chances of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate CertificateNlD Number: 1460615146300 File/Vendor Number: 479032 & HUB Approval Date: 10-NOV-2020 Scheduled Expiration Date: 10-NOV-2024 Statewide Historically Underutilized Business Program The Texas Comptroller of Public Accounts (CPA), hereby certifies that EDR ARCHITECTS, PLLC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 13-NOV-2020, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Statewide HUB Program Statewide Procurement Division Note: In order for State agencies and institutions of higher education (universities)to be credited for utilizing this business as a HUB,they must award payment under the CertificateNID Number identified above. Agencies, universities and prime contractors are encouraged to verify the company's HUB certification prior to issuing a notice of award by accessing the Internet(https://mycpa.cpa.state.tx.us/tpasscmbisearchlindex.jsp)or by contacting the HUB Program at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Rev.06/19 cC O F- o � W U o o i •� C7 O � � � � � ° � no o � z O W U O n _ >,Y d o � o� w o ami 30 y r ° teUJ r z QLcjN U 0 W o .^ Y i Q o u o i 0 s cC o r z 0 z E- � n° a° � i � T � LL o o ° U 0 � ¢ ❑ c n b 3 U W m m FW U Y Ca U U ° E °' .b 81 GL zca a o o CO c b o F a z 7 z o cy •� ¢ � � Y c o a� � W � � v � � � 3 ¢ o O w o 3 p U o W a� w U � o � c 3 �_ a � 3 ,J 8b U 2 •> O a o W 3 � o y ° w � r U o Cd ocu c ° F� .� 'N W Z Q x o c U z � v v c U Q o o U c a4 • f1 � � '� •ro �' c c � �.: � a E jn •b •mac^, "y S v G U m cn cn z W ci W W F U o. 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Justification Current restrooms and parking lot on North Beach are outdated and inadequate to serve the growth in tourism that is being experienced in the area. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 1,970,000 1,970,000 Design 250,000 250,000 Eng,Admin Reimbursements 280,000 280,000 Total 2,500,000 2,500,000 Funding Sources Prior Years 2022 2023 2024 Total G.O.Bond 2020 2,500,000 2,500,000 Total 2,500,000 2,500,000 Budget Impact/Other 71 Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 70 �pvs cr �o w O U NogPoap,Eo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 29, 2022 DATE: March 29, 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, Director of Finance and Procurement heatherh3(a)cctexas.corr (361) 826-3227 Professional Services Contract Amendment Williams Lift Station Force Main CAPTION: Motion authorizing Amendment No. 1 to a professional services contract with Ardurra, Corpus Christi, TX, to provide design, bid, and construction phase services for the Williams Lift Station Force Main in an amount of$511,830 for a total contract value not to exceed $695,120, located in City Council District 4 and 5, with FY 2022 funding available from Wastewater Capital Fund. SUMMARY: This motion authorizes approval of Amendment No. 1 to a professional services contract for design, bid, and construction phase services for the construction of a new Williams Lift Station Force Main. BACKGROUND AND FINDINGS: Williams Lift Station is Corpus Christi's largest lift station and serves the City's future growth on the southside. The Williams Lift Station's force main was installed in 1978 and is a critical asset in the City's wastewater infrastructure system, conveying 30% of the City's waste stream. The force main is a 36-inch ductile iron pipe, which runs from Williams Lift Station to Oso Water Reclamation Plant (WRP) with a total length of 7,850 linear feet. The force main has experienced several breaks in recent years due to a reduction in pipe wall thickness caused by naturally occurring hydrogen sulfide gases in the wastewater. Recent inspections of the force main and air release valves also showed signs of significant corrosion. Ardurra provided an Engineering Letter Report in 2021 that considered various alternatives for the replacement or rehabilitation of the existing 36-inch wastewater force main. The alternative selected by Water Utilities was to replace the force main with a new pipeline utilizing more compatible construction materials. This amendment provides for the design, bid, and construction phase services for the construction of a new 36-inch force main. PROJECT TIMELINE: 2020 - 2022 12023 - 2024 October - December J F M April - April Design Bid/Award Construction Project schedule reflects City Council award of design services in March 2022 with anticipated completion in April 2024. COMPETITIVE SOLICITATION PROCESS: LNV, Inc. (Ardurra), was selected in April 2018 under RFQ 2018-01 for the Williams Lift Station Force Main project. The Williams Lift Station Force Main project was one of fifteen projects announced under the Utilities Category of the RFQ. LNV, Inc. (Ardurra), was one of the highest ranked firms in the Utilities Category. The selection committee was comprised of representatives from the Water Utilities Department and Engineering Services Departments. The final evaluations ranked LNV, Inc. (Ardurra) as the highest ranked firm based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond Street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. LNV, Inc. (Ardurra), has successfully designed several specialized projects. Some of the projects that LNV (Ardurra) has designed include Oso Headworks and Lift Station, O.N. Stevens Water Treatment Plant, New Broadway Wastewater Treatment Plant Effluent Line Rehabilitation, and Resaca Lift Station Upgrades. ALTERNATIVES: Not awarding the contract amendment for professional services contract to LNV, Inc. (Ardurra), will delay necessary replacement of the Williams Lift Station force main. The force main will require additional maintenance and could possibly result in a wastewater main break. This could cause TCEQ permit violations and fees. FINANCIAL IMPACT: The fiscal impact in FY 2022 is an amount of$511,830 with funding available from the Wastewater Capital Fund. FUNDING DETAIL: Fund: WW 2020 (Fund 4257) Mission Elem: Wastewater Collection System (042) Project: Williams Lift Station Force Main — Line A (Project No. 18085A) Account: Professional Services (530000) Activity: 18085-A-4257-EXP Amount: $511,830.00 RECOMMENDATION: Staff recommends approval of the professional services amendment contract with Ardurra, in the amount of$511,830.00 for the Williams Lift Station Force Main. The design phase will begin in March 2022 with design completion planned in December 2022. Construction is planned to start in April 2023 with completion in April 2024. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract CIP Page A e b SCALE: N.T.S. PROJECT LOCATION s VICINITY MAP NOT TO SCALE mb8' O� TEXAS A&M PROJECT LOCATION UNIVERSITY CORPUS CHRISTI 358 Z O 0 S 0 BAY Q� O 00 O� z J Q LOCATION MAP NOT TO SCALE 0 PROJECT NUMBER: 18085A WILLIAMS LIFT STATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VONI FORCE MAIN (LINEA) DEPARTMENT OF ENGINEERING SERVICES Y .. SCALE: N.T.S. OSO WATER RECLAMATION PLANT F �. ui_ 6 / SIX u fl k .. i .�. .. • u is w DUGAN FEILD s a OSO BAY ' PROJECT LOCATION 2 r fo c. 0 gy 1 4 ** p 77717 4 WILLIAMS LIFT STATION ". ` • �. r . N r A AERIAL MAP 4- , r,� NOTTOSCALE PROJECT NUMBER: 18085A WILLIAMS LIFT STATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VAI FORCE MAIN (LINEA) DEPARTMENT OF ENGINEERING SERVICES City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. EXHIBIT"A-1" CITY OF CORPUS CHRISTI, TEXAS WILLIAMS LIFT STATION FORCE MAIN (LINE A) PROJECT NO. 18085A L Proiect Description The City owns and operates the Williams Forcemain, which connects the Williams Lift Station to the Oso Water Reclamation Plant (WRP) — a distance of approximately 8,400 linear feet. The Williams Forcemain carries an average daily flow of 10 MGD to the Oso WRP with a maximum design Peak Flow of 39 MGD. The Williams Forcemain was installed in 1978 and has been repaired multiple times over the years due to ruptures,typically at the location of air release valves. In 2003, a 700' segment of 36" PVC pipe was installed on the north side of S.P.LD. prior to construction of the Auto Nation Ford dealership.This pipe was capped in place to replace 700'of the existing ductile iron Williams Forcemain in the future. Most recently on January 8, 2021, the forcemain ruptured again on the north side of S.P.LD., causing damage to the parking lot of the auto dealership. The current 21-22 FY CIP shows a remaining design budget of$750,000 for the Williams Lift Station Force Main (Line A)project. On October 21,2020,the City of Corpus Christi City Council executed a Large AE Contract with LNV, LLC ("LNV") for PRELIMINARY PHASE services on the WILLIAMS LIFT STATION FORCE MAIN(LINE A)Project-City Project No. 18085A—the"Project".The Project Scope of Work included the preparation of an Engineering Letter Report (ELR) that detailed three (3) options and associated costs for either rehabilitating or replacing the existing 36" ductile iron, Williams Forcemain. LNV completed and submitted the Final ELR to the City on March 26, 2021.Upon review, the City decided to move forward with Option 2 outlined in the ELR This option proposes the installation of approximately 7,250 linear feet of 36"PVC forcemain adjacent to the existing forcemain. Attachment 1 shows the schematic route and proposed modifications detailed in Option 2. The City has also requested the addition of a CMU wall along the perimeter of the lift station property with an automatic access gate compatible with the City's security ID cards.New concrete pavement will be placed to cover the entire area within the CMU perimeter wall. Existing pavement will be removed and replaced with concrete to provide a uniform and aesthetic parking area around the Lift Station. The City is currently in the final stages of design for rehabilitating the Williams Lift Station under a sperate contract. Additional coordination will be required to avoid conflicting schedules between the Lift Station and Forcemain projects. The Scope of Services included in this Contract include Design, Bid and Construction Phase Services plus listed Additional Services, as authorized for the Option 2 improvements. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 1 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. II. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract,Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1.0 Preliminary Phase (Complete). In August 2020, the City of Corpus Christi provided notice to proceed on the preliminary design phase of the Williams Lift Station Force Main (Line A) project. This preliminary phase included researching three (3) options for rehabilitating or replacing the Williams Force Main, provide preliminary costs for each option, and determination of right-of-way and easement acquisition requirements. These findings were provided to the City in an ELR in March 2021. Option 2 contained in the ELR consists of installing a new 36"PVC force main to replace the existing 36" ductile iron force main,which will be abandoned in place. For the purposes of this contract, the preliminary phase is considered to be complete. However, there are several standard preliminary phase tasks that were not included in the scope of work for the previously completed preliminary phase,including: a. 30% design drawings b. Geotechnical and SUE coordination C. Kick off meeting attendance d. Traffic Control Plan (TCP)performance criteria e. Detailed project schedule development f. Drawing and specification index These tasks have been included into the scope of design phase under this amendment. 2.0 Desien Phase. Upon approval of the design phase,designated by receiving authorization to proceed from the City Project Manager,the A/E will: 2.01 Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. 2.02 Provide recommended geotechnical investigations scope and coordination efforts with City's geotechnical Consultant. a. Provide recommended SUE locations to City Staff for coordination with City's SUE Consultant. Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s)cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 2 of 10 City of Corpus ARDURRA = Chrlsti COLLABORATE.INNOVATE.CREATE. 2.03 The system curve may change as a result of increased pipe length and potential conflicts associated with the new forcemain route. The A/E will perform hydraulic calculations to develop an updated system curve that will be used to evaluate the system.This will require coordination with the City and the engineering firm tasked with designing the Williams Lift Station repairs and upgrades under City Project 19029—Citywide Lift Station Repair. 2.04 Determine potential utility conflicts (City and Third-Party Utilities). Design to avoid conflicts, if possible. Submit a list of identified companies to the City. Coordinate with the City's Project Manager and Operating Departments. Assist City Project Manager in resolving unavoidable utility conflicts with other City utilities and with Third-Party utilities. 2.05 Provide temporary Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 2.06 Develop a detailed project schedule and provide the city with schedule updates as the project progresses. 2.07 Create a Drawing and Specification Index to be included in the 30% Design Submittal for the City's review and approval. 2.08 Further develop assumptions made in the approved ELR to provide a 30%Design submittal for the City's review and approval prior to developing detailed design plans and specifications. 2.09 Participate in Project 30% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the 60% submittal. 2.10 Attend two (2) site visits to gather additional information, identify potential conflicts, verify locations,and photograph existing conditions. Coordinate findings with the City and resolve conflicts identified in the site visits. 2.11 Prepare Construction Documents in City standard format for the work identified in Option 2 of the approved ELR. Construction plans to include improvements or modifications to street, storm water,water,wastewater, gas and IT infrastructure within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. I. Prepare construction plans in compliance with CPPS using English units on I I"x 17". 2. Provide temporary Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor's Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 2.12 Submit two (2) sets of the interim plans (60% submittal) in half-size (11" x 17") hard copies and electronic format using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs.Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 3 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60% submittal." which will identify and briefly summarize the Project by distinguishing key elements of the Project,decisions made,outstanding issues,items TBD,Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2.13 Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. 2.14 Submit two (2) sets of the pre-final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. 2.15 Participate in Project 90% review meeting. Prepare and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. 2.16 Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the Cily of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans(for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 2.17 Provide Quality Assurance/Quality Control(QA/QC)measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required(and within the scope of Consultant's duties under this Contract)if,in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. 2.18 Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 4 of 10 City of Corpus ARDURRA = Chrlsti COLLABORATE.INNOVATE.CREATE. b) Provide the budget for the Project specifying the funds available for the construction contract. C) Provide electronic copy the City's Standard Specifications, Standard Detail sheets, Front End Contract Documents,and forms for required bid documents. The records provided for A/E's use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 3.0 Bid Phase (T&M). Upon receipt of authorization from the City Project Manager,the A/E will: 3.01 Participate in the pre-bid conference to discuss scope of work and to answer scope questions. 3.02 Provide clarifications to contractor questions on the CivCast platform. 3.03 Assist the City with the preparation of addenda if contractor questions require modification to the Contract Documents. 3.04 Attend bid opening. 3.05 Assemble all addenda and incorporate clarifications and modifications into conformed drawings and specifications.Mark contract docs as"Conformed".Reissue and deliver two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.])to the City. 3.06 Review the final bid tabulation and bidder reference material and provide the City with a recommendation of award based on the bidder qualification criteria outlined in the contract documents. The City staff will: a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda,prepare bid tabulation and conduct the bid opening. b) Review all received bids. C) Prepare agenda materials for the City Council concerning bid awards. d) Prepare,review,and provide copies of the Contract for execution between the City and the Contractor. 4.0 Construction Administration Phase (T&M). Upon receipt of authorization from the City Project Manager,the A/E will: 4.01 Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. This task includes time for coordination prior to and following the pre-construction meeting. 4.02 Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 5 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. 4.03 If requested by the City,review and interpret field and laboratory tests. 4.04 Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes,which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the Owner's Authorized Representative (OAR). 4.05 Bi-weekly site visits for the 12-month construction duration has been removed from scope at the request of the City. Ardurra will make up to four(4)periodic visits to the site of the Project upon request from the City. The purpose of these visits will be to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. If more than four (4) visits are requested,Ardurra will request additional funds from the City's Project Manager. 4.06 Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor's price and are not contrary to the general interest of the City under the Contract as requested by the OAR. 4.07 Attend final inspection with City staff,provide punch list items to the City's Construction Engineers for Contractor completion,and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. 4.08 Review Contractor-provided construction "red-line" drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later)within one(1)month of receiving the Contractor's red-line drawings.All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor's red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. 4.09 Prepare Record drawings based on redlines from the Contractor. A reproducible set and electronic copy in PDF and AUTOCAD formats will be provided. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Project Manager. A/E may not begin work on any services under this section without specific written authorization by the Project Manager. Fees for Additional Services are an allowance for City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 6 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. potential services to be provided and will be negotiated by the Project Manager as required. The A/E shall, with written authorization by the Project Manager,perform the following: 5.0 Permit Preparation. Assist City Staff with the TxDOT Utility Installation Request(UIR)online submittal.The A/E will provide supplemental engineering data and documentation necessary for the required TxDOT permits. The City staff will: 5.01 Prepare and submit the UIR through TxDOT's online system. 6.0 Topographic and Right-of-Way(ROW)Surveys. All work must comply with Category I-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual ofPractice forLand Surveying in the State of Texas,latest edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2)registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed,provided to the City and included in the bid document plan set. 6.01 Establish Horizontal and Vertical Control. 6.02 Establish both primary and secondary horizontal/vertical control. 6.03 Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. 6.04 Horizontal control will be based on NAD 83 State plane coordinates(South Zone),and the data will have no adjustment factor applied—i.e.—the coordinate data will remain in grid. 6.05 Vertical control will be based on NAVD 88. 6.06 All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. 6.07 Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. 6.08 Obtain x,y,and z coordinates of all accessible existing wastewater,storm water,water,IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. 6.09 Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size,type,invert,orientation,and flow direction. 6.10 Everything up to and including Level B subsurface engineering (SUE)is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 7 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. Topographic and ROW Survey services,but shall be provided as part of the scope of work for SUE below,if needed. 6.11 Locate existing features within the apparent ROW. 6.12 Locate and identify trees,at least five inches in diameter,and areas of significant landscape or shrubs within the apparent ROW. 6.13 Generate electronic planimetric base map for use in project design. 6.14 Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. 6.15 Provide a preliminary base map containing apparent ROW,which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 7.0 Easement Acquisition Survey and Parcel Descriptions. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'Manual ofPractice forLand Surveying in the State of Texas,latest edition. 7.01 Set property corners and prepare right of way/easement strip parcel map depicting all parcels proposed for acquisition.Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at a representative scale and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. 7.02 Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 7.03 Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements.A strip map showing all parcels required will be submitted along with parcel descriptions.If boundary conflicts between Owners are identified, additional fees may be authorized if needed. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 7.04 A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. 8.0 Environmental Issues. 8.01 Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 8 of 10 City of Corpus ARDURRA = Christi COLLABORATE.INNOVATE.CREATE. 9.0 Warranty Phase. 9.01 Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain,repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. III. SCHEDULE Date Activity Upon Receipt of Signed Contract and NTP Commence work on Project Months after Receipt of Design NTP 60% Design Submittal 4.5 Months after Receipt of Design NTP City Review 6.5 Months after Receipt of Design NTP 90% Design Submittal 7 Months after Receipt of Design NTP City Review 8 Months after Receipt of Design NTP Final Sealed Bid Package 8.5 Months after Receipt of Design NTP Advertise for Bids 9 Months after Receipt of Design NTP Pre-Bid Conference 10 Months after Receipt of Design NTP Receive Bids 11 Months after Receipt of Design NTP Begin Construction 23 Months after Receipt of Design NTP Complete Construction FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all "Basic Services"authorized under Amendment No. 1 as per the table below except for the Bid Phase and Construction Administration Phase. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section ILA.1-3 above, and for all expenses incurred in performing these services. The Bid Phase and Construction Administration Phase services as outlined in Section ILA.3 and Section ILA.4 respectively will be provided on a Time and Material (T&M) basis in accordance with the Engineer's standard hourly rates for a maximum not to exceed amount per the table below. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered.The statement will be based upon A/E's estimate (and with City's concurrence)of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. Large AE Contract Exhibit `A-1' Page 2 of 2 City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINE A) Page 9 of 10 CCitOry, of pus ARDURRA = Chrlsti COLLABORATE.INNOVATE.CREATE. B. Fee for Additional Services. For services authorized by the Project Manager under Section ILB. "Additional Services",the City will pay the A/E a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees Original Contract Amendment No. I Total Contract 1. Preliminary Design Phase $ 183,290.00 $ - $ 183,290.00 2. Design Phase $ - $ $ 4;9,545.00 $ 338,995.00 $ 338,995.00 3. Bid Phase (T&M)* $ - $ 14'1 . 14,180.00 $ 11,390.00 $ 11,390.00 4. Construction Administration Phase $ 110,485.00 110,485. (T&M)* $ $ 70,795.00 $ 70,795.00 $ 183 290.00 $ 504 210.00 $ bey--�tltlj� .04 Subtotal Basic Services Fees $ 183,290.00 $ 421,180.00 $ 604,470.00 Additional Services Fees Original Contract Amendment No. I Total Contract 1. Permit: TxDOT Permitting * $ - $ 5,750.00 $ 5,750.00 2. Topographic &ROW Surveys * $ - $ 39,600.00 $ 39,600.00 3. Easement Acquisition Survey and Parcel $ 3 z9 $ 29,;29.00 Descriptions * $ $ 29,520.00 $ 29,520.00 4. Environmental Issues * $ - $ 4,900.00 $ 4,900.00 5.Warranty Phase * $ - $ 10,880.00 $ 10,880.00 Subtotal Additional Services Fees $ 92'nc�o $ 90,650.00 $ 90,650.00 Total Fee $596,260. $779,-4-40.00 $511,830.00 $695,120.00 * T&M and Additional Services to be authorized by the City's project manager. City Proj. No.18085A CITY OF CORPUS CHRISTI, TEXAS Exhibit"A-1" Ardurra Proj. No. 180126 WILLIAMS LIFT STATION FORCE MAIN (LINEA) Page 10 of 10 Capital Improvement Flan 2022 rhru 2024 City of Corpus Christi, Texas Project 18085 Project Name Williams Lift Station Force Main (Line A) Type Improvement/Additions Department Wastewater Useful Life 25 years Contact Director of Water Utilities �;,,y;y,"r 4 tir: Category Wastewater Priority 2 Critical-Asset Condition f wig Status Active MIOf IID ICiCG +F&C*M Y Description Williams Lift Station is the largest lift station in the City and it serves the City's future growth in Southside. The lift station and its associated force main were constructed in 1983 with a wet well/dry well arrangement. The lift station and its 36-in DIP force main provide a critical role in conveying wet weather flows through collection system to Oso WRP. Recent inspections of force main and air release valves showed signs of significant corrosion due to hydrogen sulfide in some locations. Anticipated project scope for Consultant Engineer includes preliminary design for more detailed condition assessment of line and rehabilitation of line in locations needed,detailed design,development of construction documents,and construction phase services. 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 2,000,000 4,500,000 6,500,000 Testing 30,000 20,000 50,000 Inspection 12,268 100,000 150,000 262,268 Design 189,847 650,000 100,000 939,847 Contingency 500,000 200,000 450,000 1,150,000 Eng,Admin Reimbursements 50,000 100,000 70,000 30,000 250,000 Total 252,115 1,250,000 2,500,000 5,150,000 9,152,115 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 252,115 1,250,000 2,500,000 5,150,000 9,152,115 Total 252,115 1,250,000 2,500,000 5,150,000 9,152,115 Budget Impact/Other 71 This project will increase wastewater service response to regional economical and population growth. 346 Corpus Chr s[i Engineering Williams Lift Station Force Main Council Presentation � March 22, 2022 Project Location BOOR N SCALE:N.T.S. SHIP CHAN ie0� CORPUS CHRISTI D ? � LEOPgRO 44 CORPUS CHRISTIOW 266 4 IRPORTTIONaL�IIIIII CIS o CORPUS CHRISTI BAY PROJECT LOCATION TEAS- SIN CORPUS Op 0�P CORPUS CHRISTI �p 358 �r CASANIM m < i OSO BAY a CORPUS CHRISTI Q� S O NAVAL AIR STATION P O WERE y � 43 FLOUR BLUFF ,IS 266 4 4 2 Project Scope Carpus CIS; _,li Engineering This project provides for construction of a new Williams Lift Station Force Main. A brief summary of proposed improvements is as follows: • Installation of a new 36-inch PVC force main • New main will be parallel to existing force main. Project Vicinity Car pus cep; _sLi Engineering OSO WATER RECLAMATION PLANT DUDAN FEILD PROJECT LOCATION �y OSO RAY atiy�,pgoRe E x±: ,Ea _ ��tie WILLIAMS LIFT STATION Project Schedule Carpus Chr sti Engineering 2020 - 2022 2023 2023 - 2024 J ber - DecemberTBidIAward M Apri I - Apri I Design Construction Project schedule reflects City Council award in March 2022 with anticipated construction completion in April 2024. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 29, 2022 DATE: March 29, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Gabriel Ramirez, Interim Director of Water Utilities gabrielra-cctexas.com (361) 826-1202 Heather Hurlbert, CPA, CFGO, Director of Finance & Procurement heatherh3a-cctexas.corr (361) 826-3227 Construction Contract Award Whitecap Wastewater Treatment Plant Improvements CAPTION: Motion awarding a construction contract to CSA Construction, Inc., Houston, Texas, for Whitecap Wastewater Treatment Plant Improvements in an amount of$12,284,000 for the Total Base Bid Plus Additive Alternate No. 1, located in Council District 4, with Wastewater Capital Fund. The total estimated construction budget available for this project for the FY 2022 and FY 2023 is $9,570,000. Based on the bids received the construction cost of the project is $12,284,000. The remaining shortfall of funds in an amount of $2,714,000 will be allocated with the FY 2023 Wastewater Capital Fund and the budget for the project will be increased. SUMMARY: This motion approves a construction contract with CSA Construction, Inc., for the Whitecap Wastewater Treatment Plant Improvements project. The project provides for operational and maintenance-related improvements to the screening facility, influent lift station, aeration basin, secondary clarifiers, return activated and waste activated sludge (RAS/WAS) pumping systems, aerobic digester, and solids handling facilities. BACKGROUND AND FINDINGS: The Whitecap Wastewater Treatment Plant (WWTP) was originally constructed in 1974 as a traditional activated sludge wastewater treatment plant with a capacity of 0.5 million gallons per day (MGD) to serve the residents of North Padre Island. The plant was expanded in 1991 to increase capacity to 0.8 MGD. The last expansion occurred in 1997 and was permitted for an average daily flow of 2.5 MGD and a 2-hour peak flow of 7.5 MGD. Much of the plant's equipment is obsolete and unreliable. Major systems upgrades are required to ensure compliance with the plant's Texas Commission on Environmental Quality (TCEQ) effluent quality standards. The project scope includes the critical upgrades listed below: • Installation of a new bar screen with a new washer compactor. • Pumps and piping will be replaced at influent lift station. • New grit removal system consisting of stacked tray vortex grit removal system with two centrifugal grit pumps and a concentrator/classifier/washer system. • Air piping and diffusers will be replaced in the aeration basins. An additional blower will be installed in Blower Building #2. • Interior mechanisms on both secondary clarifiers will be replaced and new scum pump will be installed to Secondary Clarifier #2. • Four new RAS/WAS pumps will be installed in the secondary pump station along with the necessary piping modifications to allow one set of RAS/WAS pumps to perform both functions of pumping both RAS/WAS. • Reconfiguration of existing aerobic digester structure to achieve greater thickening and better aeration. • New volute screw press will be installed in the spare bay of the solids handling building, including polymer feed system. PROJECT TIMELINE: 2020 - 2021 2022 - 2024 September - December J F M April - December Design Bid/ Construction Award Project schedule reflects City Council award in March 2022 with anticipated completion by December 2024. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids. On February 23, 2022, the city received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined CSA Construction, Inc., is the lowest responsive and responsible bidders. 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 labor cost. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID ADD. ALT. NO. 1 BASE BID PLUS ADD. ALT. NO. 1 CSA Construction, Inc. $12,090,000 $194,000 $12,284,000 Associated Construction $12,629,000 $115,000 $12,744,000 Partners, Ltd Engineer's Opinion of Probable Construction $10,745,361 $150,000 $10,895,361 Cost CSA Construction, Inc., has successfully completed numerous City utility projects since 2013 including Oso WRP Clarifier #5, Oso WRP Nutrient Removal Phase 1, Oso WRP Belt Press Facility, and Oso WRP Headworks and Lift Station. ALTERNATIVES: The alternative is to not award the construction contract to the low bidder, CSA Construction, Inc. This would delay improvements to Whitecap Wastewater Treatment Plant and create more costly maintenance in the future. Not awarding the construction contract would also cause TCEQ permit violations and fees. FISCAL IMPACT: The FY 2022 Capital Improvement Program (CIP) shows that the project has an estimated construction budget of $1,500,000 available for FY 2022 and $7,200,000 available for FY 2023. The project also has an estimated contingency of$150,000 budgeted for FY 2022 and $720,000 budgeted for FY 2023. The total estimated construction budget available for this project for the FY 2022 and FY 2023 is $9,570,000. Based on the bids received the construction cost of the project is $12,284,000. The remaining shortfall of funds in an amount of $2,714,000 will be allocated with the FY 2023 Wastewater Capital Fund and the budget for the project will be increased. The fiscal impact for FY 2022 is an amount of $1,500,000 with funding available from the Wastewater Capital Fund. FUNDING DETAIL: Fund: WW 2023 CIP (Fund 4259) Mission Elem: 042 (LINWW Collection) Project: Whitecap Wastewater Treatment Plant Improvements (Project 18087) Account: Construction (550910) Activity: 18087-A-4259-EXP Amount: $12,284,000 Year 1 (FY2022): $ 1,500,000 Year 2 (FY2023): $10,784,000 Total: $12,284,000 RECOMMENDATION: Staff recommends awarding the construction contract for the Whitecap Wastewater Treatment Plant Improvements to CSA Construction, Inc., in the amount of$12,284,000. The Construction duration is planned for 18 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 Presentation SCALE: N.T.S. Mw d Project Location VICINITY MAP NOT TO SCALE 361 d LAG U NA P220 MADRE RESORT CK Y CHAN EL Project Location QCT. WHITECAP GULF O F MEXICO LOCATION MAP Project Number: 18087A NOT TO SCALE CITY COUNCIL EXHIBIT WHITECAP VWVrP IMPROVEMENTS CITY OF CORPUS CHRISTI,TEXAS V441 DEPARTMENT OF ENGINEERING SERVICES �r N m "All SCALE: N.T.S. t . r l PROJECT LO CATIONS � r n*�� WHITECAP BLVD. . w� b +44�1 CO rJ . �p V .w t AERIAL MAP Project Number: 18087A NOT TO SCALE CITY COUNCIL EXHIBIT WHITECAP VWVrP IMPROVEMENTS CITY OF CORPUS CHRISTI,TEXAS V441 DEPARTMENT OF ENGINEERING SERVICES �r RFB 4022 Whitecap Wastewater Treatment Plant Improvements ID: RFB 4022 Item Description Unit Quantity CSA C• • • Al MOBILIZATION LS 1 $300,000.00 A2 BONDS & AL 1 $80,000.00 A3 SLUICE/SLIDE AL 1 $165,000.00 A4 ASBESTOS AL 1 $2,000.00 A5 BUILDING AL 1 $2,000.00 A6 STORMWATER LS 1 $5,000.00 Sub Totals Bar Screen Facilii B1 BAR SCREEN LS 1 $1,000,000.00 Sub Totals Influent Lift C1 • INFLUENT LS 1 $1,500,000.00 Sub Totals Grit Removal Sys D1 GRIT REMOVAL LS 1 $2,836,000.00 Sub Totals Aeration System I E1 AERATION LS 1 $1,600,000.00 Sub Totals Secondary F1 SECONDARY LS 1 $2,100,000.00 Sub Totals Aerobic •- G1 AEROBIC LS 1 $1,400,000.00 Sub Totals Solids Handling Ir H1 SOLIDS LS 1 $1,100,000.00 Sub Totals Grand Total Al REMOVAL AND LS 1 $194,000.00 Sub Totals Grand Total A2 PRE- LS 1 $300,000.00 Sub Totals Grand Total A3 REFURBISH LS 1 $562,000.00 Sub Totals Grand Total A4 REDUNDENT LS 1 $72,000.00 Sub Totals Grand Total A5 DEDUCTION LS 1 ($225,000.00) Sub Totals Grand Total Base • Line G2 Aerobic •- G2 CONCRETE- CF 1 $1,200.00 Sub Totals Grand Total • Aerobic Digester G3 CONCRETE- LF 1 $300.00 Sub Totals Grand Total Total Associated Const Total $300,000.00 $500,000.00 $500,000.00 $80,000.00 $150,000.00 $150,000.00 $165,000.00 $165,000.00 $165,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $5,000.00 $10,000.00 $10,000.00 $554,000.00 $829,000.00 $1,000,000.00 $1,450,000.00 $1,450,000.00 $1,000,000.00 $1,450,000.00 $1,500,000.00 $1,800,000.00 $1,800,000.00 $1,500,000.00 $1,800,000.00 $2,836,000.00 $5,000,000.00 $5,000,000.00 $2,836,000.00 $5,000,000.00 $1,600,000.00 $350,000.00 $350,000.00 $1,600,000.00 $350,000.00 $2,100,000.00 $1,700,000.00 $1,700,000.00 $2,100,000.00 $1,700,000.00 $1,400,000.00 $500,000.00 $500,000.00 $1,400,000.00 $500,000.00 $1,100,000.00 $1,000,000.00 $1,000,000.00 $1,100,000.00 $1,000,000.00 $12,090,000.00 $12,629,000.00 $194,000.00 $115,000.00 $115,000.00 $194,000.00 $115,000.00 $194,000.00 $115,000.00 $300,000.00 $315,000.00 $315,000.00 $300,000.00 $315,000.00 $300,000.00 $315,000.00 $562,000.00 $626,000.00 $626,000.00 $562,000.00 $626,000.00 $562,000.00 $626,000.00 $72,000.00 $105,000.00 $105,000.00 $72,000.00 $105,000.00 $72,000.00 $105,000.00 ($225,000.00) ($225,000.00) ($225,000.00) ($225,000.00) ($225,000.00) ($225,000.00) ($225,000.00) $1,200.00 $750.00 $750.00 $1,200.00 $750.00 $1,200.00 $750.00 $300.00 $200.00 $200.00 $300.00 $200.00 $300.00 $200.00 Capital Improvement Plan 2022 2024 City of Corpus Christi, Texas Project# 18087 Project Name Whitecap Wastewater Treatment Plant Improvements Type Improvement/Additions Department Wastewater V. tcrap w w T p Useful Life 40 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition d Status Active Description This project includes preliminary design,development of construction documents and construction phase services for improvements to Whitecap WWTP influent lift station,aeration basin and clarifiers 1&2.Lift station work includes replacing bar screens with necessary electrical upgrades and installation of new grit removal system. Project also includes rehabilitation of aeration basin for air diffusers,air piping,and clarifiers 1 and 2 with necessary electrical and lighting improvements. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp.55-58;Wastewater Master Plan This project is needed to meet operational and regulatory requirements. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 1,500,000 7,200,000 8,700,000 Testing 20,000 20,000 Inspection 100,000 150,000 250,000 Design 1,000,000 50,000 50,000 1,100,000 Contingency 150,000 720,000 870,000 Eng,Admin Reimbursements 62,091 100,000 30,000 192,091 Total 1,062,091 1,920,000 8,150,000 11,132,091 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 1,062,091 1,920,000 8,150,000 11,132,091 Total 1,062,091 1,920,000 8,150,000 11,132,091 Budget Impact/Other 71 There is no projected operational impact with this project at this time.A reassessment will be done upon completion of project to determine on- going or maintenance costs. 339 Corpus Chr s[i Engineering Whitecap Wastewater Treatment Plant Improvements a Council Presentation March 29, 2022 Project Location Corpus Chr sti Engineering 361 PROJECT LOCATION N SCALL:N.T.S. P22 PgCKE Y LAGUNA CHgry EL MADRE WH ITEC P GULF OF MEXICO PROJECT LOCATION z Project Scope Corpus c„ SLi q\\W, —) Engineering A brief summary of proposed improvements is as follows: • Installation of new bar screen with new washer compactor. • Pumps and piping will be replaced at influent lift station. • New grit removal system consisting of stacked tray vortex grit removal system with two centrifugal grit pumps and a concentrator/classifier/washer system. • Air piping and diffusers will be replaced in the aeration basins. An additional blower will be installed in Blower Building 2. • Interior mechanisms on both secondary clarifiers will be replaced and new scum pump will be installed to Secondary Clarifier#2. • Four new RAS/WAS pumps will be installed in the secondary pump station along with the necessary piping modifications to allow one set of RAS/WAS pumps to perform both functions of pumping both RAS/WAS. • Existing aerobic digester structure is being reconfigured to incorporate pre- and post- digestion thickening and the jet aeration system. • New volute screw press will be installed in the spare bay of the solids handling building, including polymer feed system. 3 40ApUS cyRs i O _a • ect Vicinity J y iH52 WHITECAP i IMPROVEMENTS KALE:k. WHITECAP BLVD '7..• n ' �" '� a�k Project Schedule Carpus Chr sti Engineering 2020 - 2021 2022 - 2024 September - December J F M April - December Design Bid/ Construction Award Projected Schedule reflects construction beginning in April 2022 with anticipated completion by December 2024. �pvs cr �o w O U NogPoap,Eo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 29, 2022 DATE: March 29, 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, Director of Finance and Procurement heatherh3(a)cctexas.corr (361) 826-3227 Professional Services Contract Amendment Nueces Bay Blvd. & Poth Lane Waterline CAPTION: Motion authorizing Amendment No. 1 to a professional services contract with Hanson Professional Services Inc., Corpus Christi, TX to design and prepare construction documents for additional waterline replacement for the Nueces Bay Blvd. & Poth Lane Waterline, in an amount of$69,906.75, for a total contract value not to exceed $498,311.75, located in Council District 1, with FY 2022 funding available from the Water Capital Fund. SUMMARY: This motion authorizes approval of Amendment No. 1 to a professional service contract for the design of an additional 1,800 LF of 16-inch waterline and 750 LF of 8-inch waterline replacement for Nueces Bay Blvd. & Poth Lane Waterline project. BACKGROUND AND FINDINGS: The existing waterlines along Nueces Bay Blvd. & Poth Lane provide service to industrial facilities located along the Ship Channel. The 16-inch cast iron pipe waterlines were built in 1954 and have experienced several breaks and maintenance issues since the construction. The City is currently designing a new elevated water storage tank in the Nueces Bay Blvd. & Poth Lane service area with design expected to be completed by May 2022. The design will include modifications (pumps and pressure relief valves) similar to Holly and Rand Morgan elevated water storage tanks. Construction of the elevated water storage tank at Nueces Bay is expected to begin in 2023. The new tank will increase operating pressures in the distribution system. Based on prior failures, it is believed that additional breaks may occur if these water distribution lines are not replaced. Amendment No. 1 to professional service contract provides for the design to extend the limits of 16-inch waterline replacement along Buddy Lawrence Drive from Poth Lane. The line will extend approximately 1,800 LF of 16-inch PVC along Buddy Lawrence Drive. Also added to the scope is approximately 750 LF of existing 8-inch CIP with new 8-inch PVC waterline. PROJECT TIMELINE: 2022 2022 - 2023 Mar - July A S O November - July Design Bid/Award Construction Project schedule reflects City Council award in March 2022 with design completion in July 2022. Construction is anticipated to begin November 2022 with a duration of 8 months and completion July 2023. COMPETITIVE SOLICITATION PROCESS: Hanson Professional Services Inc. was selected in January 2021 under RFQ 2667 for the Nueces Bay Blvd. & Poth Lane Waterline Replacement project, which was one of three projects that were announced under the Water CIP Projects of the category of the RFQ. Eight firms submitted for the Nueces Bay Blvd. & Poth Lane Waterline Replacement project. The selection committee was comprised of representatives from the Water Utilities Department and Engineering Services Departments. The final evaluation ranked Hanson Professional Services, Inc. as the highest ranked on five factors: 1) firm's experience and qualification, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Hanson Professional Services, Inc., has provided professional services for several City projects. Some of the projects, which include waterline replacement, are Residential State Rebuild Program, Gollihar Road, Staples Street, and Williams Drive Phase II. Hanson also recently completed a nine mile, 30-inch waterline project for the City of Fort Stockton, Texas. ALTERNATIVES: Any alternative to awarding this contract to Hanson Professional Services, Inc., will delay construction of the project and could result in waterline breaks. FISCAL IMPACT: The fiscal impact FY 2022 is an amount of$69,906.75 with funding available through the Water CIP Fund. FUNDING DETAIL: Fund: Water 2020 (Fund 4099) Mission Elem: LINDistrWtr (041) Project: Nueces Bay Blvd and Poth Lane Waterline (Project No. 21039) Account: Outside Consultants (550950) Activity: 21039-4099-EXP Amount: $69,906.75 RECOMMENDATION: Staff recommends approval of the professional services contract amendment with Hansen Professional Services, Inc., in the amount of$69,906.75 for Nueces Bay Blvd. & Poth Lane Waterline Replacement. The design phase will begin in March 2022 with design completion planned in July 2022. Construction is anticipated to begin in November 2022 and anticipated completion in July of 2023. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Contract CIP Page a Q` o HOW PROJECT LOCATION N SCALE: N.T.S. cam cwmw + 181 VICINITY MAP IAM NOT TO SCALE Mpg vO F � cORRiOOR PROJECT LOCATION SHIP CHANNEL CORPUS CHRISTI A i e- e � LEOPARD D Z 44 B� z < 286 0 358 MORG p,N z OOF9 ti LOCATION MAP NOT TO SCALE (,g, PROJECT NUMBER: 21039 NUECES BAY BLVD & POTH LANE CITY COUNCIL EXHIBIT WATER LINE REPLACEMENT CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES FT w Lo 4k ,_.. �k w , .•.,: • .yy . . , a, r` �� r •r � 37 NUECES BAY BLVD m P I} • a W • F p, w • POTH LANE CITY COUNCIL EXHIBIT CITY OF •' WATER LINE REPLACEMENT DEPARTMENT OF HANSON Hanson Professional Services Inc. 4501 Gollihar Road Engineering I Planning I Allied Services Corpus Christi,TX 78411 (361)814-9900 Fax:(361)814-4401 www.hanson-inc.com February 21, 2022 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi,TX 78469-9277 Re: Scope of Services Nueces Bay Blvd&Poth Lane Waterline City Project No. Project No. 21039 Dear Mr. Edmonds, On behalf of Hanson we would like to thank you for the opportunity to continue to assist the City with the completion of this project. The original scope includes the design of 16,000 LF of new 16 C900 waterline based on alignments discussed with the City. During the course of completing the project the project Hanson was requested to provide additional services. Additional Services 1. Extend the limits of new C900 PV waterline. The line will be extended approximately 1800 LF along Buddy Lawrence Drive. Commence approximately 350' South of the Poth intersection and extend South through the Oak Park Ave intersection. 2. Replace an existing 8" CIP line along Poth Lane with a new 8" C900 PVC line. The section of line extends from Up River Road north to the intersection of the IH-37 Access Road a total distance of approximately 750 LF. For each of the sections, all existing lateral lines, fire hydrants, small meters & misc. lines will be re- connected to the new lines. Valves will be provided at key locations along the sections. We estimate the construction cost for the additional lines to be approximately $900,000 and the time of construction will be extended an additional two months. We propose to complete the additional work for a fee of$69,006.75 for a re-stated total fee of$498,311.75. We thank you for this opportunity and look forward to working with you on this project. Sincerely, HANSON PR FESSIONAL SERVICES INC Wilfredo Rivera, Jr., P.E. Vice-President 19LO247B....Amendment One/Amendment Letter(02212022).docx Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi February 21, 2022 SUMMARY OF FEES-AMENDMENT ONE NUECES BAY BLVD AND POTH LANE WATER WATERLINE CITY PROJECT NO.21039 Original Contract Amendment One Total Contract Amount BASIC SERVICES 1. Preliminary Phase $ 41,993.00 $ 11,004.00 $ 52,997.00 2. Design Phase(Bid Set) $ 225,810.00 $ 34,127.25 $ 259,937.25 3. Bid Phase $ 13,485.00 $ 1,142.00 $ 14,627.00 4. Construction Administration Allowance $ 45,982.00 $ 4,538.00 $ 50,520.00 SUB-TOTAL BASIC SERVICES $ 327,270.00 $ 50,811.25 $ 378,081.25 ADDITIONAL SERVICES a. Topographic&ROW Surveying(Full blown Topo $90,248.00 $19,095.50 $ 109,343.50 b. Environmental Permitting $0.00 $ - c. Geotechnical&SUE Coordination $3,520.00 $ 3,520.00 d.UP Railroad Permitting(Crossing#9740866 $2,713.00 $ 2,713.00 e. TxDOT Permit Coodination $673.00 $ 673.00 f. Warranty Phase $ 3,981.00 $ 3,981.00 SUB-TOTAL ADDITIONAL SERVICES $101,135.00 $19,095.50 $120,230.50 TOTAL FEE $428,405.00 $69,906.75 $498,311.75 Capital Improvement Plan 2022 rhru 2024 City of Corpus Christi, Texas Project# 21039 Project Name Nueces Bay Blvd &Poth Lane-Water line Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities ' Category Water Distribution Priority 2 Critical-Asset Condition Status Active Description f This is a new project to replace the approximately 9,000 LF of existing 16-in CIP water line along West Broadway Street and Nueces Bay Blvd. from the intersection of Nueces Bay Blvd and I-37 Frontage Rd.to the intersection of West Broadway Street and Port Ave-,and 5,000 LF of existing 16-in CIP water line along Poth Lane from the intersection of Buddy Lawrence and Upriver Road.The existing 16-in CIP water line was built in 1971-1978, 1954 respectively. Justification The existing 16-in CIP water line was built in 1954 and 1971-1978.When the new Citywide elevated storage water tanks are put into service,the increased operating pressure may result in the failure in the water distribution lines.The existing water line may break after the new elevated storage tanks are put into service,and consequently the water supply to industry area would be halted. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 4,000,000 4,000,000 8,000,000 Inspection 250,000 250,000 500,000 Design 400,000 50,000 450,000 Contingency 250,000 250,000 500,000 Eng,Admin Reimbursements 66,961 50,000 50,000 166,961 Total 466,961 4,600,000 4,550,000 9,616,961 Funding Sources Prior Years 2022 2023 2024 Total American Rescue Plan Act 4,600,000 4,600,000 Revenue Bonds 466,961 4,550,000 5,016,961 Total 466,961 4,600,000 4,550,000 9,616,961 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 310 Corpus Chr sti Engineering Nueces Bay Blvd. & Poth Lane Waterline Council Presentation March 29, 2022 Project Location Carpus Chr sti Engineering `CORPUS CHRIST 8 N SCALE:N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY sa issue 050 BAYCOZS Nx nn a FLOUR BLUFF i� lAGUM OWE CUIF OF MEXICO Project Scope Corpus Chr sti Engineering A brief summary of proposed improvements is as follows: • Extend the limits of waterline replacement for the existing 16-inch waterline with new C900 PV waterline. The waterline will be extended approximately 1800 LF along Buddy Lawrence Drive from Poth Lane. • Replace approximately 750 LF of existing 8" CIP waterline along Poth Lane with a new 8" C900 PVC waterline. 4OApUS cyRs , 4 i r J y x852 r A e Project Schedule Carpus Chr sti Engineering 2022 2022 - 2023 Mar - July A S O November - July Design Bid/Award Construction Projected Schedule reflects City Council award in March 2022 with anticipated construction completion by July 2023. �pvs cr �o 0 v NogPoap,Eo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 29, 2022 DATE: March 29, 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, Director of Finance & Business Analysis heatherh3(a)cctexas.com (361) 826-3227 Professional Services Contract Wesley Seale Dam Crest Gate Rehabilitation and Dewatering System CAPTION: Motion awarding a professional services contract to Freese and Nichols, Inc., Corpus Christi, Texas,to provide design, bid and construction administration phase services for the Wesley Seale Dam Crest Gate Rehabilitation and Dewatering System projects, in an amount of$2,053,094.00, with funding available from the Water Capital Fund. The total design budget available for these project is $2,907,OOO.The fiscal impact for FY 2022 is an amount of $2,053,094.00 with funding available from the Water Capital Fund. SUMMARY: This motion authorizes approval of a professional services contract to provide design, bid and construction administration phase services for the Wesley Seale Dam Crest Gate Rehabilitation and Dewatering System project. BACKGROUND AND FINDINGS: The Wesley Seale Dam is located on the Nueces River, four miles west of Mathis, Texas, at the intersection of the Live Oak, San Patricio, and Jim Wells counties which is about 32 miles northwest of the City of Corpus Christi. The dam is owned and operated by the City of Corpus Christi and impounds Lake Corpus Christi, which is used for municipal water supply and recreational purposes. At full capacity, the lake stores approximately 256,339 acre-feet of water with a surface area of 19,251 acres at a lake level of 94 feet above sea level.The dam construction was completed on April 26, 1958 and is composed of an earth fill embankment and two concrete spillways with 60 gates. The normal release of approximately 150 acre-feet of water per day, for operating purposes, is made through a 48" bypass pipe. The crest gates are only used when excessive water needs to be released during flood events. This project was initially planned to be designed and constructed as 2 separate projects: Wesley Seale Dam Crest Gate Rehabilitation project(21029) and Wesley Seale Dam Dewatering System project (20278). The projects were then combined into one project due to the coordination involved between the 2 projects. The project scope of work is developed based on an inspection of the dam performed by Texas Commission on Environmental Quality (TCEQ) in March 2017. The inspection identified the need to develop a rehabilitation program for both the South and North spillway crest gates. The spillway crest gates were last rehabilitated and recoated approximately 25 years ago. It is typical to recoat metal facilities every 10-15 years. In addition, a dewatering system to allow for maintenance of the gates and individual spillways is not available at the site. This project will facilitate maintenance of the existing 60 Crest Gates at the Wesley Seale Dam over the next six years as well as the design and construction of a robust dewatering system. The detailed project design and construction scope includes: • Topographic survey of the spillway bridges, piers, gates, and other appurtenances at both the South and North spillways • Physical Hydraulic Model Study and US Army Corp of Engineer permitting • Existing Spillway Gate Inspection, Structural Analysis, Evaluation and Reports • New Spillway Crest Gate Design for the first 10-gates • Detailed Design of Pier and Deck Modifications • Detailed Design of Stoplog Dewatering and Deployment Systems for North and South Spillways • Dewatering Construction Drawings and Specifications for North and South Spillways • Bid Phase services for Stoplog Dewatering and Deployment Systems for North and South Spillways as well as first 10 Spillway Crest Gates. • Construction Phase services for Stoplog Dewatering and Deployment Systems for South Spillway PROJECT TIMELINE: May (2022) - October (2023) 0 N D January (2024) - November (2025) Design Bid/Award Construction Following approval of the contract, the attached project schedule reflects; design of South spillway dewatering system from May 2022 to October 2023; design of spillway crest gates (first 10 — phase 1 of 6) from May 2022 to April 2024; construction bid and award in various time periods as shown and construction of South spillway dewatering system from June 2024 to September 2024. COMPETITIVE SOLICITATION PROCESS: This project was initially planned to be designed and constructed as 2 separate projects: Wesley Seale Dam Crest Gate Rehabilitation project and Wesley Seale Dam Dewatering System project. Hence the project was RFQ'd as 2 separate projects. Wesley Seale Dam Spillway Crest Gates Rehabilitation: Freese & Nichols, Inc. was selected for FY 2018 Capital Improvement Projects, Group B Utilities Projects in April 2018 under RFQ 2018- 01. Wesley Seale Dam Spillway Crest Gates Rehabilitation was one of fourteen awards that were announced under the Utility Projects Category. Freese & Nichols was selected from two qualified respondents for the Wesley Seale Dam Spillway Gates Rehabilitation project Wesley Seale Dam Dewatering System project: Freese and Nichols, Inc. was selected for RFQ under 2019-01 Professional Services, Exhibit A in June 2019 under RFQ 2019-01. Wesley Seale Dam Dewatering System was one of seven awards that were announced under the RFQ. Freese & Nichols was the only qualified respondent for the Wesley Seale Dam Dewatering System project. The selection committee was comprised with representatives from the Utilities Department and Engineering Services. The final evaluation ranked Freese & Nichols, Inc. the highest and recommended the firm as most qualified based on five factors: 1) experience and qualifications of the firm, 2) experience and qualifications of the project manager (key personnel with specific experience in major water supply dams and major flood retention structures), 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Freese & Nichols, Inc. has extensive experience with dams, reservoirs, levees, canals, and flood protection systems. Some of the previous projects that were completed by Freese & Nichols, Inc.at Wesley Seale Dam include dam stabilization repairs, crest gate rehabilitation, instrumentation system, sluice gate replacement, and outlet rehabilitation. ALTERNATIVES: Not awarding the professional services contract to Freese and Nichols, Inc. will delay necessary improvements to the Wesley Seale Dam and may affect the ability to meet the safety, operational and regulatory requirements recommended in Wesley Seale Dam gate seals evaluation report 2010, inspection report 2017, and dewatering alternatives report 2018 as well as jeopardize the reliability of the City's water supply. FISCAL IMPACT: This project was initially planned to be designed and constructed as two separate projects: Wesley Seale Dam Crest Gate Rehabilitation project (21029) and Wesley Seale Dam Dewatering System project (20278). The project was then combined into one project due to the coordination involved between the two projects. Wesley Seale Dam Crest Gate Rehabilitation project has a design budget of$900,000 and Wesley Seale Dam Dewatering System project has design budget of $2,007,000. Wesley Seale Dam Dewatering System project was initially planned to be implemented in FY 2021 but rolled into FY 2022 due to the merger of the projects. There were no prior year expenditures on both projects. The Wesley Seale Dam Dewatering System project FY CIP 2022 page has been revised to reflect the information. The total design budget available for these project is $2,907,OOO.The fiscal impact for FY 2022 is an amount of $2,053,094.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: Water 2015 MRP2 (Fund 4095) Mission Elem: Water Distribution (041) Project: Wesley Seale Dewatering System and Spillway Gates Rehabilitation (22023) Reference project 20278 and 21029 in the FY21-22 CIP. Account: Outside Consultants (550950) Activity: 22023-4095-EXP Amount $2,053,094.00 RECOMMENDATION: Staff recommends approval of the professional services amendment contract with Freese and Nichols, Inc. in the amount of $2,053,094.00 to provide design, bid and construction administration phase services for the Wesley Seale Dam Crest Gate Rehabilitation and Dewatering System to be fully designed and ready for construction of the South Spillway dewatering system in October 2022; first 10 Spillway Crest Gates in April 2023; and North Spillway dewatering system in July 2023. LIST OF SUPPORTING DOCUMENTS: Project Schedule Location & Vicinity Maps Professional Services Agreement Presentation 20278-21029 FY 2022 CIP Pages e -- Olmos PROJECT LOCATION N SCALE: N.T.S. Tynan 359 s LAKE CORPUS CHRISTI Ma gas PROJECT LOCATION Sandia 359 K—Bar Ranch West D Orange Grove San Patricia 359 LOCATION MAP PROJECT NUMBERS: 18132A, 2027$ NOT TO SCALE WESLEY SEAL DAM CITY COUNCIL EXHIBIT CREST GATE REHABILITATION AND CITY OF CORPUS CHRISTI,TEXAS VAl DEWATERING SYSTEM DEPARTMENT OF ENGINEERING SERVICES = _ SCALE: N.T.S. Yv i LAKE CORPUS CHRISTI CIO Off ' t � WESLEY SEAL DAM w n� a a� m A," . �'s,�"•" ... ,��? Gs'Ti'i�k° a^h �� �' � x `L !`_[u; � YU '�1 x pMy at4 ya., 'gym..p :w3,-,��;. k n a � p ^" 1 r 359 f»��� �4' �� /' r „r�°„ �, ��+k"" 3 �� � �F�'* � �•t� ° ` pay'� ��� ..��. a H • .` . -�' PROJECT NUMBERS: 18132A, ' • r '' AERIAL MAP �6511 NOT TO SCALE 20278 WESLEY SEAL DAM CITY COUNCIL EXHIBIT CREST GATE REHABILITATION AND CITY OF CORPUS CHRISTI,TEXAS VONI DEWATERING SYSTEM DEPARTMENT OF ENGINEERING SERVICES = _ se �O O� H SERVICE AGREEMENT NO. 4100 U CONTRACT FOR PROFESSIONAL SERVICES �N�ORPnPPS Ea 1852 FOR PROJECT 22023 — Wesley Seale Dewatering System and Spillway Gates Rehab The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and FREESE AND NICHOLS, INC., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces, Texas 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................5 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 1 of 12 ARTICLE I —SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. Consultant will perform the Services in accordance with Exhibit A and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Contract for Professional Services Page 2 of 12 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 1.10 The Consultant agrees to conduct all communication through and perform all project-related functions utilizing the City's project management system known as e-Builder. This includes all correspondence, submittals, payment requests and processing, contract amendments and construction phase activities. ARTICLE II —QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $ 2,053,094.00. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time Contract for Professional Services Page 3 of 12 of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. Consultant shall indemnify and hold City harmless from any liens, claims, security interests or encumbrances filed by anyone claiming by, through or under the items covered by payments made by City to Consultant. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. Contract for Professional Services Page 4 of 12 ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Procurement Division. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.4 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.5 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, Contract for Professional Services Page 5 of 12 officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement Contract for Professional Services Page 6 of 12 showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; Contract for Professional Services Page 7 of 12 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. Contract for Professional Services Page 8 of 12 12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Contract for Professional Services Page 9 of 12 Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 13.3 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. Contract for Professional Services Page 10 of 12 13.8 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.9 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.10 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 13.11 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant's Scope of Services, the Consultant's response to the Request for Qualifications related to this project, or in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. [Signature Page Follows] Contract for Professional Services Page 11 of 12 CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. Jeff Edmonds, P.E. Date Ron Guzman, P.E. Date Director of Engineering Services 800 N. Shoreline, Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 651-6501 Fax rg@freese.com APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Authorized By Council ATTEST City Secretary Date Contract for Professional Services Page 12 of 12 I Innovative approaches FREESE Practical results / Outstanding 800 N.Shoreline Blvd.,Suite 160ON + Corpus Christi,Texas 78401 + 361-561-6500 + FAX 817-735-7491 www.freese.com February 9, 2022 Mr.Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 RE: Proposal for Engineering Services for Wesley E. Seale Dam Dewatering System and Spillway Gates Rehab, Project No. 22023 Dear Mr. Edmonds: Freese and Nichols, Inc. (FNI) is pleased to submit this professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of engineering services to support the City of Corpus Christi's (City's) rehabilitation of the existing spillway gates and design of a new dewatering system for both the service (South) and emergency(North) spillways. Background Wesley E. Seale Dam original construction was completed in 1958, and it impounds over 250,000 acre-feet of our water supply. The dam is classified a large high hazard dam by the Texas Commission on Environmental Quality (TCEQ). The dam consists of three earth embankment sections and two 40-foot-high Ambursen, flat- slab-and-buttress spillways that accommodate 60 gates. A gate seals evaluation report was prepared in 2010. The report found that the gate seals had undergone several partial repair efforts in the 1990's. The report stated that many bolts on the existing seal system were missing, and that the condition of the seals was such that full replacement of the seal system was recommended. The report also indicated that the gate seals were an outdated type not supported for repair and the gates and piers would require modifications to accept a modern seal system when they were replaced. An inspection of Wesley E. Seale Dam was performed in March of 2017. From the 2017 inspection, it was noted that rust blisters are present on the upstream face of the gates, side seal leakage and general seal deterioration continue to worsen, and general corrosion of the gates was noted. A review of existing records demonstrated that the gates were last rehabilitated and recoated approximately 25 years ago. It is typical to recoat metal facilities structures every 10-15 years. The inspection identified the need to develop a rehabilitation program for both the South and North spillway crest gates. Recommended work includes gate replacement and/or repairs to corroded structural members, replacing missing bolts, recoating of the gates, rehabilitation of lifting gear or lifting bars, and modernization and replacement of the seals. A dewatering system to allow for maintenance of the gates and individual spillways is not available at the site. A previous system was deemed difficult to operate and abandoned. Therefore, a dewatering alternatives report was prepared in 2018 to evaluate improvement options. The report made recommendations and provided design concepts for a new dewatering system at the dam to facilitate maintenance of the existing EXHIBIT A Page 1 of 18 Mr.Jeff Edmonds February 9, 2022 Page 2 of 18 spillway crest gates, as it is currently not possible to efficiently and effectively individually isolate each of the 60 gates. The recommended dewatering system consists of a mobile stoplog system. This system will utilize a movable gantry crane on the spillways to support stoplog deployment at the 27 South spillway crest gates as well as the 33 North spillway crest gates. The recommended dewatering system will require modifications to the bridge decks and piers. Project Understanding The City has requested to move forward with the replacement of the crest gates and lift bars and the addition of the mobile stoplog deployment system at the North and South spillways.The following paragraphs include a brief discussion of the project phasing and schedule per discussions with the City, primarily based on fiscal year budgeting purposes. A. Dewatering System The dewatering system is to be constructed in two phases, with the first phase being construction at the South spillway. The second phase, the North spillway dewatering system, is recommended to be bid as an additive alternate to give budgetary options to the City. Should budget not be available to perform the second phase at the time of the initial bid, this phasing approach would provide an opportunity to incorporate lessons learned from the South spillway dewatering system construction into the North spillway dewatering design. The City could then bid the North spillway dewatering system bid set while the South spillway contractor is still on site. With the contractor still on site, there would be an opportunity for savings on mobilization and demobilization on the next phase of the work. For this scope of work, it is assumed that the South and North spillway dewatering systems will be performed under a single construction contract. If the second phase done separately, bid phase services for the second phase would be performed as an additional service. B. Spillway Gate Replacement For the spillway crest gate rehabilitation, it is necessary to have the new dewatering system in place prior to this work. The City's preference is to have ten (10) new crest gates fabricated and ready to be installed once the South spillway dewatering system is operational. It is understood that the replacement of the remaining crest gates, moving from south to north,would occur over the next five years, with 10 gates being fabricated and installed each year. The north spillway dewatering system will need to be in place by the time the 3rd set of ten (10)gates is procured. This approach would also allow for the incorporation of lessons learned into the subsequent gate replacement contracts and for potential mobilization and demobilization cost savings should the initial contractor wish to bid on subsequent contracts. Bid phase services will be required for each set of ten (10) gates to be rehabilitated, and will be performed as an additional service. After replacing the initial ten (10)gates, FNI will perform an evaluation, in consultation with the City, to determine the requirements and the best strategies to replace the remaining 50 gates. This evaluation will be performed after a detailed inspection upon removal of the existing gates during the replacement of the first set of ten (10) gates. If any change in approach is required by the City, FNI will change the approach in the second set of contract documents. The design will be in line with recommendations developed in the spillway gate evaluation report, as discussed below. Any gate rehabilitation design effort(vs. replacement)would be performed as an additional service. The following sections present a more detailed narrative of the services to be provided by FNI. EXHIBIT A Page 2 of 18 Mr.Jeff Edmonds February 9, 2022 Page 3 of 18 BASIC SERVICES Prosect Management Establish a schedule, coordinate information between FNI and the City, and other efforts in support of this project. Coordinate Quality Control (QC)/Quality Assurance (QA) by Senior Management and Technical Staff consistent with FNI's established internal quality review processes. Coordinate conference calls for the internal kickoff meetings, client kickoff meetings, and monthly progress meetings, coordinate site visits and meetings with the City. Develop and provide monthly status reporting, including project financial information. Survey Based on original design drawings,the bays and piers at both the South and North spillways were constructed to the same overall dimensions. This will need to be confirmed prior to design development of both the new dewatering system and spillway gate designs. Surveys will be performed at six gates along the South spillway and seven gates along the North spillway, matching the gates that will be inspected as part of the close-up visual examination (discussed later in this scope). The survey will focus on spillway bay and pier dimensions, crest elevations, and wall plumbness. Topographic survey of the spillway bridges, piers, gates, and other appurtenances will also be performed in order to design the improvements required for both spillway gates and dewatering. Topographic Survey of existing and proposed instrumentation system component locations will also be performed. Spillway Dewatering System Final Design Wesley Seale Dam does not currently have a system in place to dewater the spillway crest gates for maintenance and repairs. Dewatering system options for future design development and construction to facilitate required maintenance projects, including recoating of the spillway gates and seal replacement,were developed in a preliminary design report in 2018. A floating bulkhead system and a spillway-mounted mobile deployment system were studied in the conceptual analysis. Based on the report, the City decided to move forward with a spillway-mounted system that can be deployed in a flowing water emergency condition. This effort focuses on the design and construction documents to procure this system. The designs for the South and North spillways will be similar. Variations between the two spillways primarily consist of differences in overall length and the presence of the outlet tower at the South spillway right abutment. FNI will render the following professional services for this effort: Preliminary Design (Basis for Physical Hydraulic Model Study): Preliminary design drawings will be developed to provide Utah Water Research Laboratory (UWRL) with necessary details to design and construct the dewatering system for the physical model study. Specific tasks will include: 1. Develop preliminary design designs as necessary to model the dewatering system at the UWRL. The design will address stoplogs, buttress modifications, and protective enclosure for gate lifting arms. 2. Develop design criteria for the physical model study. EXHIBIT A Page 3 of 18 Mr.Jeff Edmonds February 9, 2022 Page 4 of 18 3. Develop a 30% design submittal. The 30% submittal will include drawing details to be provided to UWRL. Provide the documents to the City in electronic format(PDF)for review and comment. 4. Participate in a review session with City staff to discuss the 30%design submittal. Permitting Section 404 of the Clean Water Act— Repairs/improvements to the dam structure would likely result in regulated discharges of fill within Waters of the US (WOTUS). The discharge of fills within WOTUS is regulated under Section 404 of the Clean Water Act by the US Army Corps of Engineers (USACE). Based on FNI's current understanding of the proposed work, it is assumed that repairs and improvements to the dam would be authorized by Nationwide Permit(NWP) 3 (for Maintenance Activities)without notification to USACE. FNI would review the proposed design to confirm the project could proceed with NWP 3 without USACE notification in a technical memorandum. No USACE coordination is included with this effort since it is assumed that USACE notification will not be required. Endangered Species Act — as part of compliance with NWP 3, FNI would also document the project's potential effect to federally-listed species. It is assumed the project would result in no effect to federally listed species and no US Fish and Wildlife Service coordination is included in this task. Project effect determinations to federally listed species would be documented in a technical memorandum. Section 106 of the Historic Preservation Act-as part of compliance with NWP 3, FNI would also document the project's potential effect to historic structures (Wesley Seale Dam is over 50 years old). This effort would include a desktop review of historic resources in the project area and a letter would be submitted to Texas Historical Commission for either concurrence of no effect, or directive on additional survey efforts. This task assumes only a desktop review and submission of a letter to THC; if more in-depth surveys or analysis is required, then that effort would be an additional service. Texas Parks and Wildlife Department's (TWPD) Aquatic Resource Relocation Permit (ARRP) — Repairs/improvements to the dam may require dewatering and construction of a temporary cofferdam. In the event that a cofferdam is required, any aquatic resources (such as fish and freshwater mussels) would need to be relocated into the lake to avoid impacts to state aquatic resources. FNI would obtain a TWPD ARRP to perform the relocation activity and document results in a technical memorandum. Physical Model Study Because of the nature of flowing fluid, it is difficult to accurately predict the hydrodynamic performance of control structures and the magnitude of the loads imposed on such structures. A physical model of the spillway and dewatering system will be developed to evaluate loads and operational performance of the deployment of the stoplogs under varying headwater levels for still water conditions and flowing water conditions. A sectional scaled model will be used that incorporates a full gate bay, including a gate,two piers, and stoplogs. The model will be equipped with a hoisting mechanism that will be attached to load cells on cables that will be used to measure the loading as the dewatering system is deployed in either static or dynamic conditions. Once the physical model is completed and tested by UWRL, FNI, and City personnel, if available, will participate in an on-site and/or video performance evaluation. Performance results will be evaluated and minor geometric revisions, if required, will be recommended. A summary report documenting the assumptions, methodology, findings, and conclusions of the physical model study will be developed. Results EXHIBIT A Page 4 of 18 Mr.Jeff Edmonds February 9, 2022 Page 5 of 18 of the physical model study will be used in the design of the pier modifications and stoplog dewatering system. Detailed Design of Pier and Deck Modifications This task includes the design of pier and deck modifications at the North and South spillway to accommodate the stoplog dewatering system. Design development shall consider the results of physical modeling of the spillway performed by UWRL. The design will include the following specific tasks: 1. Evaluation and incorporation of field survey measurements and survey data. 2. Stoplog guide rail design (concrete demolition, seal concepts, anchorage, and coordination with existing surfaces). 3. Spillway bridge deck load rating development. 4. Modifications to the existing spillway bridge decks including removal of the center portion of bridge deck and installation of additional supports. 5. Design of grating to cover the center portion of the bridge deck. 6. Evaluation of existing instrumentation and electrical conduit locations relative to demolition and construction of the dewatering system, as well as any redesign or relocation required. 7. Revision of pier modifications per findings from the UWRL model study. Detailed Design of Stoplog Dewatering Systems for North and South Spillways This task includes the design of stoplog dewatering systems for the North and South spillways. Design development shall consider the results of physical modeling of the spillway performed by UWRL. The design will include the following specific tasks: 1. Evaluation and incorporation of field measurements and survey data. 2. Development of final system geometry and dimensions (structural weight, wheel design, side seals, bottom seals, interlocking connections, and bottom log support). This effort will include coordination with existing structures and concurrent modifications to the spillway piers. 3. Finite-element modeling on critical portions of the stoplogs. 4. Discussions with potential vendors of seals, structural steel, anchorage, wheels, and hoists. 5. Design a dogging system for permanent storage of the stoplogs. 6. Evaluation of stoplog deployment/delivery constraints. 7. Revision of the dewatering system per findings from the UWRL model study. Detailed Design of Stoplog Deployment Systems for North and South Spillways This task includes the design of the stoplog deployment system for the North and South spillway. The deployment system will consist of a gantry crane, hoist system,and guide rails.The deployment system design effort will consist of developing the technical performance requirements for the gantry crane and hoist. The design will include the following specific tasks: 1. Develop electrical design and upgrades to the spillway to provide power for the deployment system. EXHIBIT A Page 5 of 18 Mr.Jeff Edmonds February 9, 2022 Page 6 of 18 2. Develop technical performance specifications for a gantry crane and hoist that covers general requirements, quality control, required submittals, materials, electrical and mechanical components, metal fabrication, protective coatings, shop testing, delivery, measurement, and payment. Dewatering Construction Drawings and Specifications The construction drawings will serve as the basis for the preparation of quantity estimates, opinion of probable construction cost,technical specifications,and contract bid documents for use during construction. Technical specifications will be prepared to describe the scope, materials,standards, and procedures to which the work is to be performed for rehabilitation. The technical specifications will be prepared as soon as the rehabilitation designs and drawings are advanced to a stage that provides an accurate description of the work involved. Environmental protection requirements will be included to make bidders aware of the measures to be taken to meet air, noise, and water quality regulations. The technical specifications will include the requirements for furnishing materials and execution of the work, including temporary scaffolding, containment, and supports during rehabilitation. The technical specifications along with the instructions to bidders, general conditions, special conditions, bid forms, bid schedule, design drawings, and reference drawings will form the final contract bid package. The following specific tasks will be completed to develop the construction drawings and specifications for the South spillway dewatering system: 60% Design: 1. Develop 60% level design drawings based on the results of the physical model study and detailed design of the dewatering components as discussed above. 2. Develop 60% level technical specifications and coordinate with the design drawings so that all items of work and materials are covered in the specifications and compatible with notes on the drawings. 3. Prepare 60% design submittal. The 60% submittal will include plans, technical specifications, front-end documents, and a preliminary opinion of probable construction costs (OPCC). Provide the documents to the City in electronic format(PDF)for review and comment. 4. Participate in a review session with City staff to discuss the 60%design submittal. 5. Coordinate and participate in meeting with TCEQ Dam Safety to discuss the design and 60% drawings. Pre-Final (90%) and Final Design: 1. Develop the pre-final design, including the addressing of City formal review comments from the 60% design submittal. The Pre-Final submittal will include plans, technical specifications, and up-to-date front-end documents. Provide the documents to the City in electronic format (PDF)for review and comment. 2. Prepare a revised OPCC for the proposed improvements based on pre-final submittal. 3. Participate in a review session with City staff to discuss the pre-final design submittal. EXHIBIT A Page 6 of 18 Mr.Jeff Edmonds February 9, 2022 Page 7 of 18 4. Address any final comments from the pre-final design submittal and prepare a signed/sealed (IFB) set for submittal to the City for bid. 5. Submit IFB construction documents to TCEQ Dam Safety for final approval. During construction of the dewatering system at the South spillway, drawings and specifications will be developed for the North spillway. The South spillway drawings will be modified to account for the difference in overall spillway length compared to the North spillway and the differences in abutment configurations. In addition, lessons learned from the South spillway construction, if any,will be incorporated into the design. The following specific tasks will be completed to develop the construction drawings and specifications for the North spillway dewatering system: Pre-Final (90%) and Final Design: 1. Develop the pre-final design by incorporating the geometric changes between the South and North spillways. The Pre-Final submittal will include plans, technical specifications, and up-to-date front-end documents. Provide the documents to the City in electronic format (PDF)for review and comment. 2. Develop a revised OPCC for the North spillway dewatering system based on pre- final submittal. 3. Participate in a review session with City staff to discuss the pre-final design submittal. 4. Address any final comments from the pre-final design submittal and prepare a signed/sealed (IFB) set for submittal to the City for bid. 5. Submit IFB construction documents to TCEQ Dam Safety for review and approval. Existing Spillway Gate System Evaluation The spillway gate system evaluation will entail a close-up visual examination of six (6) gates along the South spillway and seven gates (7) along the North spillway. The number of gates selected at each spillway is considered to be appropriate for representing the condition of the entirety of all of the spillway gates. The examination will be performed by engineers with proper equipment to access the gates and perform a visual examination of the condition of structural members, connections, bolts, and welds. An examination plan, including a gate examination form with checklists for the representative gates, will be prepared for use during the field examination for the evaluation of the various structural members and components. During the field examination, the condition of structural members, connections, welds, bolts, and seals will be visually examined, recorded and photographed. The extent of visible corrosion will be estimated and evaluated. If significant deficiencies are found, further field, laboratory or nondestructive testing may be recommended and/or performed. After completion of the inspection, a finite-element model will be constructed to document the structural capacity of the existing gate components compared to current design standards and to inform final design of the new gates. Following completion of the above tasks, a draft report will be prepared to document the gate examination findings, condition of the gates and results of structural analyses. The report will provide conclusions and recommendations for required maintenance and repairs/strengthening as part of the new design, if required. Any significant deterioration or deficiencies based on inspection or modeling that appear to require immediate action will be brought to the attention of City personnel. EXHIBIT A Page 7 of 18 Mr.Jeff Edmonds February 9, 2022 Page 8 of 18 The following describes the above tasks in greater detail: Gate Inspection The following tasks will be performed during the visual examination of the spillway gates performed by engineers in order to assess the condition of the structural members to be reused, such as connections, bolts, and welds: 1. Prepare a customized gate examination form with checklists for each gate, that will be used to evaluate the various structural members and components. During the field examination, the condition of structural members, connections, welds, bolts, and seals will be visually examined, recorded and photographed. 2. Evaluate the gates by looking for corrosion along members and at connections. Visually inspect welds for cracks and corrosion. Visually inspect bolts for corrosion and tightness. If extensive corrosion is found, ultrasonic nondestructive testing may be performed to measure remaining member thicknesses. 3. Evaluate the skin plate for corrosion. 4. Evaluate each lifting assembly on the gate by observing existing conditions of the various components including the gate lifting arms, stem blocks, stems, stem block guides, and connections to the gate. 5. Observe the condition of the accessible and visible portions of the seals and mounting hardware. Observe accessible and visible portions of the bottom sill hinge and mounting hardware and check for deterioration of grout and corrosion, pitting or wear of metal. 6. Evaluate the condition of bumper blocks and visible portions of anchors. 7. Evaluate conditions of coatings. 8. If necessary, select areas or members for possible sampling of materials for testing. 9. Participate in debrief by conference call with City to discuss inspection observations and findings. 10. Prepare a gate inspection memorandum documenting the observations and findings from the inspection with field notes and photographs. Structural Analysis It is recommended to perform a structural analysis of the gates in accordance with the United States Army Corps of Engineers (USACE) guidelines. The analysis will be used to assess the capacity of the existing gates against current industry standard criteria. The structural analysis of the gates will include the following specific tasks: 1. Develop a structural analysis model of one representative gate using a 3D finite element structural model developed using the STAAD-Pro computer program. The model will incorporate critical findings of gate examinations where appropriate. 2. Check the 3D analysis with independent hand calculations. 3. Evaluate stresses for the load cases currently specified by the United States Corps of Engineers (USACE) design guidelines [ETL 1110-2-584"Design of Hydraulic Steel Structures]. 4. Calculate the stresses in each gate member including the arms, bracing, horizontal girders and connections using the computer structural model. Evaluate the strength capacity of each member in accordance with Chapter H of the AISC Manual of Steel Construction, Allowable Stress Design, 14th Edition, which compares total actual stress to allowable stress for combined axial load and biaxial bending. EXHIBIT A Page 8 of 18 Mr.Jeff Edmonds February 9, 2022 Page 9 of 18 5. Evaluate gate performance for gate hinge friction coefficients of 0.15 and 0.30 to account for varying degrees of corrosion of the pins and bushings. 6. Determine if any of the gate members or connections fail to meet current code requirement for the various loading conditions. 7. Develop documentation of the structural analysis. Replacement Design Assessment and Report Upon completion of the inspection and structural analysis, required replacement measures will be defined. This effort will include: 1. Perform preliminary modeling of replacement measures. 2. Develop opinion of probable project costs for gate replacement. Evaluation Report A report will be developed to document the spillway gate and hoist evaluation. The report will include the following: 1. Field observations and data collected. 2. Structural analysis model development, analysis, and results. 3. Discussion of areas or components that require maintenance, repair, adjustment or modification. 4. Discussion of components that need to be replaced or renewed. 5. Discussion of opinion of probable project costs for replacement of the gates. 6. Discussion of gate control procedures. 7. Appendices including photographs. Submit five(5) copies of the draft report to the City for review and schedule a meeting with the City to discuss the findings, conclusions, and recommendations. Incorporate comments from the City and prepare and submit five (5) hard copies and one (1) electronic copy in PDF format(contained on a CD or flash drive) of the final report. Deliverables will include the following: A draft and final report documenting the observations and findings from the inspections, condition assessments of the gates,structural analysis and conclusions and recommendations for replacement of the spillway gates. New Spillway Gate Design It is understood that the City would like to initially procure 10 new gates to replace 10 existing gates. Under this task, the design of new gates will be performed, along with the preparation of contract documents for furnishing and installation of the gates. Based on original design and record drawings, all 60 of the existing gates were shown to be fabricated to the same dimensions to fit within spillway bays constructed of equal widths across both spillways. Therefore,one design will be developed for all of the new gates. Itis understood that the gates at the North spillway were reconstructed in the 1990's such that the top of the gates are 6 EXHIBIT A Page 9 of 18 Mr.Jeff Edmonds February 9, 2022 Page 10 of 18 inches higher than the top of the gates at the South spillway; this elevation difference will remain with the new gates. At this time, major structural modifications or repairs to the spillway piers or ogee are not anticipated. Minor structural revisions to accept the new gates, if necessary,will be depicted on the drawings. It is assumed that the new bottom hinges will be included in the design, all material will be removed down to existing concrete, and that existing embedded hinge anchorage can be reused, provided that the hinges are tested and approved for reuse during construction. The capacity of all of the existing embedded anchorages(i.e.,2 hinges per gate) will be proof tested to the loads required for safe operation during the construction phase and prior to new gate installation. The required loads will be determined based on structural analyses. The results of the inspection and load testing will be documented with a testing and inspection memorandum during construction as discussed in the sections below. Failed hinges and/or concrete anchorage requiring additional design and construction will be an additional service. The new gate design will include details to connect to the new gate lifting arms. The lifting arms are attached to gate stems and are operated by hoists mounted atop the piers. It is assumed that the existing stem block guides, stems, and hoists will be re-used. These assumptions will be confirmed during the close-up field inspection of the gates and equipment as described above. Structural Analysis Structural analysis of the gates will be performed in accordance with the United States Army Corps of Engineers (USACE) guidelines. The analysis will be used to assess the capacity of the existing gates against current industry standard criteria. The structural analysis of the gates will be used to determine the load demands required forthe anchorage and will be used to determine the loads that will be used for proof testing of the anchorage. Structural analysis will include the following specific tasks: 1. Develop a structural analysis model of one representative gate using a 3D finite element structural model developed using the STAAD-Pro computer program. The model will incorporate critical findings of gate examinations where appropriate. 2. Check the 3D analysis with independent hand calculations. 3. Evaluate stresses for the load cases currently specified by the United States Corps of Engineers (USACE) design guidelines [ETL 1110-2-584"Design of Hydraulic Steel Structures]. 4. Calculate the stresses in each gate member including the arms, bracing, horizontal girders and connections using the computer structural model. Evaluate the strength capacity of each member in accordance with Chapter H of the AISC Manual of Steel Construction, Allowable Stress Design, 14th Edition, which compares total actual stress to allowable stress for combined axial load and biaxial bending. 5. Evaluate gate performance for gate hinge friction coefficients of 0.15 and 0.30 to account for varying degrees of corrosion of the pins and bushings. 6. Determine if any of the gate members or connections fail to meet the current code requirement for the various loading conditions. 7. A memorandum documenting the structural analysis. The new spillway gate construction drawings will serve as the basis for the preparation of quantity estimates, opinion of probable construction cost, technical specifications, and contract bid documents for use during construction. EXHIBIT A Page 10 of 18 Mr.Jeff Edmonds February 9, 2022 Page 11 of 18 Technical specifications will be prepared to describe the scope, materials,standards,and procedures to which the work is to be performed. They will include the requirements for furnishing materials and execution of the work, including removal and disposal of the existing gates and fabrication and installation of new gates. The technical specifications along with the instructions to bidders, general conditions, special conditions, bid forms, bid schedule, design drawings, and reference drawings will form the final contract bid package. The technical specifications will be prepared as soon as the rehabilitation designs and drawings are advanced to a stage that provides an accurate description of the work involved. The following specific tasks will be completed to develop the construction drawings for the new spillway gates: 60% Design: 1. Develop designs as necessary for such items as minor structure modifications, gate fabrication and installation, new seal details, anchorage details, coatings, and field tests and commissioning of the gates. 2. Develop 60% level technical specifications and coordinate with the design drawings so that all items of work and materials are covered in the specifications and compatible with notes on the drawings. 3. Develop 60% design submittal. The 60% submittal will include plans, technical specifications, front-end documents, and a preliminary opinion of probable construction costs (OPCC). Provide documents to the City in electronic format (PDF) for review and comment. 4. Participate in a review session with City staff to discuss issues and review the 60% design submittal. 5. Coordinate meeting with TCEQ Dam Safety to present 60%drawings. Pre-Final (90%) and Final Design: 1. Develop the pre-final design by addressing City formal review comments of 60% design submittal. The Pre-Final submittal will include plans, technical specifications, and up-to-date front-end documents. Provide documents to the City in electronic format (PDF)for review and comment. 2. Develop a revised OPCC for the proposed improvements based on pre-final submittal. 3. Participate in a review session with City staff to discuss issues and review the pre- final design. 4. Address any final comments from the pre-final design submittal prior to finalizing the signed/sealed (IFB) set for submittal to the City for bid. 5. Submit IFB construction documents to TCEQ Dam Safety for final approval. Bid Phase Support Services Provide support to the City personnel during the bidding period to help ensure that drawings and specifications are being interpreted in accordance with the designer's intent. Under this current scope, bid support will be provided for one bid package,for the following elements: 1. South spillway dewatering system 2. North spillway dewatering system EXHIBIT A Page 11 of 18 Mr.Jeff Edmonds February 9, 2022 Page 12 of 18 3. Crest gate replacement (10 gates) Specific tasks for the bid support package will include the following: 1. Participate in the pre-bid conference to discuss the scope of work and to answer scope questions. 2. Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. 3. Attend bid opening and assist with the evaluation of bids including review of bids for responsiveness, reviewing the Contractor's Statement of Experience and confirm it meets Contract requirements. 4. and providing a bid award recommendation to the City. 5. For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. 6. Provide two (2) hard copy sets and one (1) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.])to the City. Construction Phase Services for North and South Spillway Dewatering Systems and First 10 Gates Provide professional Construction Phase Services (CPS) to assist in obtaining a completed project in accordance with the purpose and intent of the Construction Contract Documents. The construction schedule for each new dewatering system is estimated to be approximately 15 months. The construction schedule for the first 10-gate set of new spillway gates is estimated to be approximately 12 months. Construction support under this current scope will be provided for the North and South spillway dewatering system construction and the first 10-gate set of new spillway gates. Assuming construction of the first 10-gate set can take place concurrent with the North spillway dewatering system construction, the estimated total construction time is 30 months. Design and construction support for the future gate sets is not included in this current scope, and will be negotiated in the future as an additional service after more clarity about the required scope will have been developed. Any effort directly or indirectly related to a time extension to the contractor and project duration will be an additional service for FNI. Upon completion of the bid and negotiation phases, FNI shall proceed with the performance of construction phase services as described below. FNI shall endeavor to protect the City in providing these services, however, it is understood that FNI does not guarantee the contractor's performance, nor is FNI responsible for supervision of the contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the contractor or any subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the project site or otherwise performing any of the work of the project. Project Management 1. Provide regular Project Management services, including coordination and communication regarding work progress, deliverables, and monthly status reporting (to City and TCEQ). 2. Attend and participate in a pre-construction conference with the City and contractor, review construction schedules prepared for the Owner by the contractor pursuant to the EXHIBIT A Page 12 of 18 Mr.Jeff Edmonds February 9, 2022 Page 13 of 18 requirements of the Construction Contract Documents and review proposed estimate of monthly cash requirements of the project from information provided through the City by the contractor. 3. Establish communication procedures between the City and contractor. Establish FNI Construction Management software, as the electronic web-based project documentation management system for distributing submittals, submittal responses, and construction related documents. 4. Coordinate and/or cause the timely coordination (distribution, receipt and tracking) of project documents between all parties including City, the contractor, FNI, and FNI's subcontractors/subconsultants as appropriate. 5. Review and make recommendations to the City regarding contractor's progress payment requests. Contractor Submittal Reviews Review contractor's submittals throughout construction for consistency with plans,specifications,and project requirements, including the following: 1. Review contractor's submittals, including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the Construction Contract Documents for the project. Recommend action to the City for all submittals. It is anticipated that submittal reviews will consist of the following: a. Record Data/Certified Test Reports/Lab Test Reports b. Requests for information c. Schedule of Progress d. Submittals and Shop Drawings 2. Provide technical information for inclusion in change orders or requests for quotes. Engineering analyses, plans, and specifications required to implement a change to the project design is considered an additional service and will be as agreed to by the City in writing prior to work being performed. 3. Review all contract modifications and field orders for conformance with the contract documents. Assist in negotiating contractor costs for design change orders. Prepare approvals of significant design modifications and substitutions of materials and provide written reports to the City. 4. Recommend to the City that the contractor's work be rejected while it is in progress if, on the basis of the Engineer's observations,the engineer believes that such work will be produce a completed project that conforms generally to the Contract Documents or that it will threaten the integrity of the design concept of the completed project. 5. Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by the contractor. Site Visits Make visits appropriate to the stage of construction to the site to observe the progress and the quality of work and attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort, FNI shall endeavor to protect the City against defects and deficiencies in the work of the contractor and shall report any observed deficiencies or non-conforming work to the City. EXHIBIT A Page 13 of 18 Mr.Jeff Edmonds February 9, 2022 Page 14 of 18 1. Monthly Meeting Visits. Attend monthly Construction Progress meetings and participate in construction site visits by the Engineer or Record, or his designee, immediately prior to, or subsequent of, progress meetings. 2. Site Visits. Make visits to the site at intervals appropriate to the various stages of construction,as Engineer deems necessary,to observe as an experienced and qualified design professional the progress and quality of the contractor's executed work. For the South and North dewatering system construction, seven site visits at each spillway are anticipated. For each of the first 10 new spillway gates,three site visits per gate are anticipated;one just prior to installation, one during installation, and a final one during the dry and wet tests. 3. Fabrication Shop Visits. Make shop visits to witness fabrication of the dewatering system and spillway gate components. It is anticipated that two (2) visits will be made for both the South and North dewatering systems and one visit will be made for the spillway gates. Visits in excess of the specified numbers above are considered an additional service. Completion Activities 1. Substantial Completion. Promptly after notice from the contractor that the contractor considers the entire Work ready for its intended use, in company with the City and the contractor, conduct an inspection to determine if the Work is substantially complete. If after considering any objections of the City, the Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to the City and contractor. 2. Final Notice of Acceptability of the Work. Conduct a final inspection to determine if the completed Work of the contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 3. Prepare Record Drawings and a project completion report as follows: Revise the construction drawings in accordance with the information furnished by the contractor reflecting changes in the project made during construction. "Red Lines"will be developed and maintained by the contractor and approved by the City's inspector. Two (2) sets of prints of Record Drawings shall be provided by FNI to the City. • Prepare and submit a project completion report summarizing the construction phase observations by FNI. 4. Conduct, in company with the City, a one-year inspection (one day visit) of the project to evaluate the condition and performance of the spillway gates and stoplog deployment system. Provide a technical memorandum summarizing findings from the site observations. CITY REQUIREMENTS: The City will provide the following to FNI: Schedule meetings and site visits by notifying or coordinating all parties of the time and place. Schedule conference calls and provide for notice of the time and method of connection to all parties. Provide copies of all available historic documents and drawings as requested for examination by FNI. • Attend scheduled meetings. EXHIBIT A Page 14 of 18 Mr.Jeff Edmonds February 9, 2022 Page 15 of 18 • Provide field measurements and survey data of the existing spillway structure. • Receive and review all memorandums and reports submitted by FNI. • Coordinate and pay for advertising and distribution of Issued for Bid documents distributed during the bid phase. • Perform quality assurance testing of materials and coatings. • Provide front end documents and bid proposals to complete bid packages to be distributed to qualified bidders. • Provide monthly construction reports for FNI's use in preparing monthly reports to TCEQ Dam Safety. ADDITIONAL SERVICES: The following tasks are not included in this work authorization and would require a new work authorization or an amendment to this work authorization agreed to in writing by the City and FNI: • Non-destructive testing of existing gate materials. • Permitting efforts beyond what is included in Basic Services. • Gate rehabilitation design and associated construction phase services, as an alternative to full gate replacement. • Rehabilitation design of existing stem blocks, and stems, and associated construction phase services. • Gate control modifications; specifically, automation of North spillway gates and evaluation of existing South automated gate controls, and associated construction phase services. • Design, Bid, and Construction Phase support for future spillway gate sets. • Preparation of front-end specification documents and bid proposal package. • Operation and Maintenance (O&M) manual preparation or operator training other than for the monitoring instrumentation system. • Third party coating and weld inspections. • Site visits in excess of those previously listed. • Gate Anchorage Testing of existing gate anchors during construction of any of the anticipated six(6) phases of crest gate construction. • Design, change order coordination, and construction representation for any new anchorages required after gate anchorage testing. • Full-time onsite representation(Resident Representative)during the construction phase. • Assisting the City in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claim disputes with the contractor. • Providing services made necessary because of unforeseen, concealed, or differing site conditions. SERVICES PROVIDED BY THE CITY 1. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports, operation and maintenance guides, development plans, as-builts and any other data relative to the Project. 2. Coordinate and arrange for FNI to access the dam site as required for FNI to perform services. 3. Provide input and comments on deliverables, as appropriate. EXHIBIT A Page 15 of 18 Mr.Jeff Edmonds February 9, 2022 Page 16 of 18 Schedule: See summary tables. Notice to proceed is estimated to occur on March 25, 2022,with a kickoff meeting tentatively scheduled for April 5, 2022. Full detailed schedules have been prepared to support the information in these summary tables. Activity Date/Duration Design Start Date March 25, 2022 60% Design Phase 16 months City Review 2 weeks 90% (Pre-Final) Design Phase 7 months City Review 2 weeks IFB Design Package Preparation 1 month Bid and Award Phase Support 13 months A graphical summary schedule is below: W L°.ICf 6.:SAIG�JKILHAJG iY SIiMAFi�Oi°:T rJul6IiFF0 I .I I I 1 .:# Illlllllllllllllll11111111111' H+�hii 11111 1 11111111111 111111 If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. EXHIBIT A Page 16 of 18 Mr.Jeff Edmonds February 9, 2022 Page 17 of 18 Engineering Fee Summary: WESLEY SEALE DEWATERING SYSTEM AND CREST GATES REHAB,PROJECT NO.22023 Proposed Basic Services: Contract 1 Preliminary Phase $425,789.00 2 Design Phase $757,538.00 3 Bid Phase $23,775.00 4 Construction Admin Phase $731,996.00 Subtotal Basic Services $1,939,098.00 Additional Services: 1 Permitting Preparation $12,226.00 2 Topo Survey $62,344.00 3 Warranty Phase $30,274.00 4 Construction Res. Rep. $0.00 5 O & M Man. & Training $9,152.00 Subtotal Additional Services $113,996.00 Summary of Fees: Basic Services Fees $1,939,098.00 Add. Services $113,996.00 Total Authorized Fees $2,053,094.00 FNI proposes to provide the services described herein. The total lump sum fee for the services shall be $2,053,094.00. If FNI sees the Scope of Services changing such that additional services will be needed, FNI will notify the City for approval prior to proceeding with the additional scope. Payment of services shall be due and payable upon submission of a statement for services rendered. Statements for services shall not be submitted more frequently than monthly. EXHIBIT A Page 17 of 18 Mr.Jeff Edmonds February 9, 2022 Page 18 of 18 We appreciate the opportunity to submit this proposal at your request and upon your selection of FNI as your engineer of record and service provider for this project. If additional clarification is desired, please do not hesitate to contact us. Sincerely, FREESE AND NICHOLS, INC. 1&+%OAw Ron Guzman, .E. Principal EXHIBIT A Page 18 of 18 0 0 0 0 0 0 0 0 0 0 0 0 rte+ 0 0 0 0 0 0 0 0 0 0 0 0 O O O O M O o 0 m m m Ln M L{) o Q 0 0 0 0 0 Lf) O O ~ ~ ~ O O O M iO L() co N CM � N s c o E 0 o U a� LU -0 >I. Q a� Q � 0 0 00 0 0 0 o p 00 0 00 0 J E a D) O O 00 O o 0 o m m m o 0 0 o a U) M a) 0 0 0 0 0 0 0 r-- r; 0 r; r; g o Of V 64 O Lf) O L() O N N Lf) It O) Lf) r-- Lf) r-- Lf) CO N ti N O) O (a M Lf) L() � O) U O) <C EA EA EA EA EA EA EA EA EA EA O � m � W O O 00 O o 0 o p 00 0 00 O 0 0 0 0 0 0 0 o pp pp pp O 0 0 0 J V O O 00 O 0 0 0 0 00 O O00 O 617 617 O O EA EA O 00 00 H > N CV cM EA Efl EA Efl EA V Z O O 00 O o 0 o 0 00 0 00 O W N O O 99 O O O O m m m 0 00 O 3 0 0 00 0 0 0 0 0 00 O Z O_ .O 00 O EA EA O EA EA EA EA O EA O O > > - 07 � � � a a = 6q U� U� U� W O O 00 O o 0 o p 00 0 0 0 0 -� 0 0 0 0 0 0 09 o 0 0 0 U .000000 0 0 0 m m m 0 0 0 0 W i o � 0 � � 0 O � � O 0 O O W z LO H Iq N? c�II V M r O O O O O o 0 o p p p 0 O O O W O +r O O O O O O O O m m m 0 O O O Z a r 0 0 0 0 0 O O ti F- F- F- ti O 1- 1� Q O O O O L O O 0 O 0 O N N Iq LO Iq O y cB W Z Z O 0 0 ti W) N O r Co ti N I- O W M H O M M 00 N 00 � N U W EA EA EA EA EA EA EA EA H 'a- O O vi J O > V N 0 0 0 0 0 0 0 o 0 00 0 00 O Z a a — O 0 0 0 0 0 0 0 o m m m o O O o m > 0 0 0 0 0 0 0 0 ti r` 0 ti 1-- c Zu� u� Lc) O Ln U� 07 N N L() N I-- J N a O - N O N CO CO N CO co Q U w T- 0 0 0 0 0 0 0 o 0 0 0 0 O O O W COM M O O 00 O L t 000000 000E- F- F- 0 000 0 � � � Z u� O u} of O Uf N Uf N O N N O O O r r O r r V O V U O O 00 O o 0 o 0 0 0 0 00 O Co O o cB ++ O O O O O O O O m m m 0 O O O 0 0 0 0 0 0 0 0 0 O O O CO Zt 0 0 0 0 0 0 0 0 0 0 = W .i U Q� E o Q w CO a i cn U Z 'Lu` M U N > a) J t U ii U) Na)lW W ,v) + o N V) O V N a) Z N y N (Q tLL U O Ol t d U N LL> N N > cB W a dch o Cl) c O v e Q a > v 0 �Cl) -Fu M 0 .c � p 0 E ° y � a d N _ V d > J N m d p m U U) Q a a 0 c) c) cn m Q H Z Q = = Exhibit B Page 1 of 1 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions or be maintained for 3 years after project completion. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 Rev 12/20 1 .5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1 .6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1 .8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1 .10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 12/20 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data.............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi (City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(8) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 Capital Improvement Flan 2022 rhru 2024 City of Corpus Christi, Texas Project 20278 Revised Project Name Wesley Seale Dam Dewatering System Type Improvement/Additions Department Water Supply Useful Life 25 years Contact Director of Water Utilities Category Water Supply Priority 2 Critical-Asset Condition Status Activea"r Ali"IIS R.. Description This project provides for improvements to dewatering system at Wesley Seale Dam.This project will protect integrity of Wesley Seale Dam system(1957),to provide for proper inspection and updates pursuant to regulatory reports per TCEQ. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp. 55-57;Water Master Plan. This project will improve efficiencies,reliability,and reduce costs. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 700,000 2,250,000 4,200,000 7,150,000 Testing 500,000 500,000 Design 2,007,000 2,007,000 Eng,Admin Reimbursements 200,940 250,000 350,000 800,940 Total 2,907,940 2,500,000 5,050,000 10,457,940 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 2,907,940 2,500,000 5,050,000 10,457,940 Total 2,907,940 2,500,000 5,050,000 10,457,940 Budget Impact/Other 771 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 281 Capital Improvement Flan 2022 rhru 2024 City of Corpus Christi, Texas Project 20278 Current FY 2022 - Project Name Wesley Seale Dam Dewatering System Type Improvement/Additions Department Water Supply Useful Life 25 years Contact Director of Water Utilities Category Water Supply Priority 2 Critical-Asset Condition Status Active Description This project provides for improvements to dewatering system at Wesley Seale Dam.This project will protect integrity of Wesley Seale Dam system(1957),to provide for proper inspection and updates pursuant to regulatory reports per TCEQ. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp. 55-57;Water Master Plan. This project will improve efficiencies,reliability,and reduce costs. Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 700,000 2,250,000 4,200,000 7,150,000 Testing 500,000 500,000 Design 1,357,000 650,000 2,007,000 Eng,Admin Reimbursements 150,940 50,000 250,000 350,000 800,940 Total 1,507,940 1,400,000 2,500,000 5,050,000 10,457,940 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 1,507,940 1,400,000 2,500,000 5,050,000 10,457,940 Total 1,507,940 1,400,000 2,500,000 5,050,000 10,457,940 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 281 Capital Improvement Plan 2022 111ril 2024 City of Corpus Christi, Texas Project# 21029 Current FY 2022 Project name Wesley Seale Dam Spillway Gate Rehabilitation Type Recondition/Longevity Department Water Supply Useful Life 40 years Contact Director of Water Utilities Category Water Supply Priority 2 Critical-Asset Condition Status Active Description ,. Wesley Seale Dam has 60 crest gates located in two separate spillways: south spillway includes 27 gates and north spillway includes 33 gates. Over the years,leakage from side seals has increased and become significant at several gates. Water flow from excessive leakage damages concrete and encourages algae and other vegetative growth. This leads to corrosion issues on gates,metal appurtenances and reinforcing steel. Project provides for necessary improvements including seal replacement,miscellaneous structural repairs,full gate reconstruction and application of a protective coating system for Dam. Justification Operational,maintenance,and capital cost savings will be realized as soon as these repairs are done. The current 1995 coating system is beyond its useful life and is no longer preventing degradation of critical dam safety components that are required to maintain municipal and industrial water supply and protect life safety downstream.This project will ensure the normal operation and increase service life of structure; Expenditures Prior Years 2022 2023 2024 Total Construction/Rehab 1,720,000 2,250,000 3,970,000 Inspection 100,000 100,000 Design 900,000 900,000 Eng,Admin Reimbursements 100,000 180,000 250,000 530,000 Tom 1,000,000 2,000,000 2,500,000 5,500,000 Funding Sources Prior Years 2022 2023 2024 Total Revenue Bonds 1,000,000 2,000,000 2,500,000 5,500,000 Total 1,000,000 2,000,000 2,500,000 5,500,000 Budget Impact/Other 71 This project will protect the dam gates from failure and help to prevent the sudden loss of municipal and industrial water supply,while also enhancing life safety and reducing liabilities. 284 so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 Action Item for the City CouncilMeeting Mtin March 29, 2022 1852 DATE: March 17, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO-Director of Finance and Procurement Heatherh3@cctexas.com 361-826-3227 Approval of Consulting Contract for Assessment of Conference Center Hotel CAPTION: Motion approving a contract with Hunden Strategic Partners in an amount not to exceed $91,000 for services to determine the future needs of the American Bank Center and feasibility of a Conference Center Hotel. SUMMARY: This motion is requesting approval of a contract with Hunden Strategic Partners (Hunden)to begin the process of studying the needs of the American Bank Center (ABC) to provide for a quality convention and arena space enhancing user experience and to accommodate larger groups. The proposed contract will also study the feasibility of adding a Conference Center Hotel adjacent to the ABC. Based on the outcome of the needs assessment and feasibility study, the City of Corpus Christi may engage with Hunden for additional services/tasks including a possible destination study, financing options for a Convention Center Hotel, and development of a Request for Proposal (RFP) for a hotel partner to include assistance in reviewing the proposals, creation of a shortlist, evaluation of the shortlisted partners, and negotiation of the development agreement. City staff will bring future agenda items to the City Council as needed. BACKGROUND AND FINDINGS: The Bayfront Plaza Convention Center was opened in 1967. The Bayfront Plaza Auditorium was added in 1979 and renamed the Selena Auditorium in 1996. Both underwent renovations in 2002. Renovations were completed in October 2004, at which time the Arena was constructed and opened. The entire facility was renamed the American Bank Center. Since this time there have not been significant improvements to the facilities. In addition to technological advances, the ABC needs strategic improvements to remain relevant in the meetings and convention market. According to a recent tourism economic impact study completed by Dean Runyan and Associates, the City of Corpus Christi attracts 4.6 million unique visitors per year with a portion of these visitors specifically attending conferences or events at the ABC. The size of the conference space and the lack of a Conference Center Hotel have been sighted frequently as a reason for why a group did not hold their event in Corpus Christi. A study done by Visit Corpus Christi found that the City has lost bids totaling 36,000 room nights with an economic impact of over $14 million due to issues regarding the ABC and the lack of a connected hotel. Over the years, the addition of a Conference Center Hotel has been explored but no action has been taken. In October 2021, Johnny Philipello, CEO of the Buccaneer Commission acting as the Chair of Visit Corpus Christi (VCC), lead a task force of select hoteliers, business owners, City staff, and VCC staff to explore the future needs of the ABC and the feasibility of adding a Conference Center Hotel. The task force met several times to discuss the possible projects and decided to move forward with receiving proposals from several firms known to the task force members that perform services in support of this type of project. Two were selected and interviewed by the workgroup. Out of these two, Hunden was chosen as the most qualified with the best relevant experience. The initial task will be a needs assessment of the ABC and a feasibility study for a Conference Center Hotel. The outcome of these studies will determine the next steps, if any, and if additional services offered by Hunden will be utilized. Once the needs assessment and feasibility study are completed, the task force will review the outcome of the feasibility study and make a recommendation to City staff on next steps. City staff will brief City Council and will bring forward a recommendation for the next steps in the process. ALTERNATIVES: City Council could choose not to award the contract or could award the contract for an amount less than the amount recommended. FISCAL IMPACT: The contract will utilize funds budgeted for economic development in the Hotel Occupancy Tax fund totaling $91,000. Funding Detail: Fund: 1030 Hotel Occupancy Tax Organization/Activity: 15100 Economic Development Mission Element: 734 Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: City staff recommends approval of the contract with a not to exceed amount of$91 ,000 to begin the process for the needs assessment and feasibility study. LIST OF SUPPORTING DOCUMENTS: Hunden Revised Proposal-CC Expansion & HQ Hotel 2-1-22 Hunden Revised Proposal-Future Services 2-2-22 Corpus Christi Proposal for Convention Center Expansion and Headquarter Hotel Study To: Johnny Philipello President and CEO at Buccaneer Commission (Buc Days) Corpus Christi, Texas johnny@bucdays.com From: Rob Hunden, CEO Hunden Strategic Partners 213 W Institute Place, Suite 707 Chicago, IL 60610 rob@hunden.com Date: February 2, 2022 Understanding The City of Corpus Christi (City or Client) is seeking a proposal from Hunden Strategic Partners (Hunden) to complete a study process related to the future expansion of and development of new real estate assets at the American Bank Center(ABC or Center) in Corpus Christi, Texas. The ABC is currently composed of multiple meeting and event facilities, including the convention center, auditorium, and arena. The efforts would focus on the convention center component of the ABC and the necessary headquarters hotel to optimize it. The City is looking to study the market and financial feasibility for two primary opportunities:the expansion and/or renovation of the ABC and a new convention headquarter hotel development. Additionally, the Client is seeking a consultant that can represent the City's best interests and manage the developer solicitation and selection process for the HQ hotel opportunity. Finally, there is the potential for another study down the road to explore the opportunity for mixed-use development and destination placemaking for the parcels adjacent/surrounding the ABC known as the SEA District (sports, arts and entertainment). This proposal is for the immediate action item of completing the market and financial feasibility study for the expansion and/or renovation of the ABC and a new convention headquarter hotel development. It is critical that the ABC expansion and the headquarter hotel be considered together. The recommendations for an expansion will differ based on whether a HQ is added and likewise, the sizing of the hotel will be determined based on the sizing of the convention center. Both are tied together and must be balanced in order to be successful. Demand,financial and impact projections are also reliant upon studies and assumptions for both elements to be coordinated. www.hunden.com 1 Hunden understands that the last study completed related to a new ABC convention hotel was authorized in 2015. The final study outlined a variety of recommendations for both a new hotel and expansion options for the existing convention center, estimated budgets, and financing strategies. However, further action related to the Project was not pursued after the study process concluded. The City is now ready to take a comprehensive approach to studying all of the meetings, hospitality and entertainment offerings at/near the ABC that will lead to actionable recommendations and project delivery mechanisms. HSP does recommend including a convention center design specialist as part of Hunden's team/work and this can be done for a small additional fee. However, at this time,the design partner is not included in the scope/fee. The design element can also come at a future date after HSP is engaged or finished with the initial study. Scope of Work Hunden Strategic Partners will complete a scope of work that meets or exceeds all of the elements necessary for a convention center expansion and headquarter hotel market and financial feasibility study. Hunden's work plan is proposed as follows: ■ Task 1 — Kickoff, Project Orientation, and Interviews ■ Task 2— Profile of Existing Facilities at the American Bank Center ■ Task 3 — Economic, Demographic and Tourism Analysis ■ Task 4—Convention, Conference and Meetings Market Analysis ■ Task 5— Meeting Planner Interviews ■ Task 6— Headquarter Hotel Trends and Walkable Package Analysis; Financing Profiles ■ Task 7 — Local Hotel Market Analysis ■ Task 8—Case Studies ■ Task 9— Recommendations, Drawings and Cost Estimates ■ Task 10— Demand and Financial Projections ■ Task 11 — Economic, Fiscal, and Employment Impact Analysis www.hunden.com 2 Task 1: Project Kickoff, Project Orientation, and Interviews ScheduleProject Initiation Site Visit Project A;r AV We initiate our projects with a Client The site visit trip includes tours of the After the site visit,we will have a recap call kickoff call to meet the intended Project site(s), area, and competitive venues, Client with the Client to review data collected, contacts, gather background data, and and key stakeholder meetings, interviews address any new questions or concerns,and understand the key questions. It is with from a variety of local private and set milestone dates for the rest of the followed by a memo outlining our public organizations, and data collection project output. process. efforts. Hunden will perform the following orientation and due-diligence oriented tasks: ■ Obtain information and data from the City of Corpus Christi representatives, economic and development authorities, ABC management, and any other appropriate agencies identified by the Client. ■ Discuss and tour the ABC, any proposed sites and the surrounding areas, meet with local officials, community leaders, and others identified in consultation with the Client. ■ Interview stakeholders from a variety of local private and public organizations and perform fieldwork as appropriate. ■ Review the various projects on which Hunden professionals have worked, discuss their attributes, implementation and approach as part of the interview with the Client and others as previously described. ■ Gather and analyze background information related to the Project, including any previous plans, layouts, projections, and studies. ■ Gather and review available economic, demographic and financial data. Task 2: Profile of Existing Facilities at the American Bank Center Hunden will tour the American Bank Center complex with management and the DMO to understand the competitive positioning of the facilities, especially the convention center. We will also assess other supportive hotels,walkable uses,and surrounding demand generators to understand the current offerings and needs. Hunden will review what Corpus Christi and the surrounding area have been able to host in the past and what the Client believes the city can induce in the future with expanded or upgraded facilities. Lost business will be reviewed to understand some of what may be attracted by the expansion. Historical Performance. Hunden will profile the ABC's historical event, attendance, group activity and financial history, as available and relevant to the analysis. The existing and past business will be a baseline from which future expanded business will occur due to expanded facilities, a new convention hotel and other potential walkable amenities. Hunden will identify potential gains in group activity due to a new convention center hotel, based on interviews with the Client, hotel and venue management, current/potential clients, as well as experience and examples from elsewhere. Hunden will also consider www.hunden.com 3 event types that cannot be currently hosted. This lost business analysis will help Hunden determine future demand opportunities. Customer Profiles. Hunden has invested in geofencing research technology as a key resource to study customer origin and traffic analytics for hotels, retailers, restaurants, and other relevant businesses. This tool is a critical investment that gives us an edge in helping destinations determine consumer behaviors and visitor origins dating back to 2017, which can highlight opportunities for new development. With this tool, Hunden has the ability to understand how busy similar/comparable or competitive developments are compared to the item being assessed and to determine the primary trade areas, visitor origin, demographics and other datapoints. This information allows us to then understand the possible impacts of an expanded ABC/a new convention hotel and how the development will perform. This tool also allows us to determine the time of day and/or the day of the week that comparable and competitive facilities are busy, which leads to critical data. We create extreme custom data analytics and maps for any geographic place in the U.S., as exhibited by the following figures. The tool provides us much more data than what is shown below. Visits Trend Visitorjourney aoencan aakcmawN morenneawa American Bank Center/N Shoreline Blvd 42.4% 34.99, o>. mn nameHome Other g� �other 4g% ` 1.4% Om ni Co rpus c hristl B •� —�omni CorpuschrlstiH 900 N Shoreline Blvd,Co 900 N Shoreline Blvd,Co I.x Work 4A% 2.6% Werk Whataburger i 5 22 % Wha[aburger Dol\IW1AF°YPd' �°`t+1o,,� `PPrpio9 eAja'��n\ehl�hh4 ^` y`�.8 M11h h ii1 1 0 1, h YP\'Sev y Or\h�o �o1Q e� 6' 121 North Shoreline Cor 121 North Shoreline,Cor Trade Area American Bank Center 1901 N Shoreline Blvd,Corpu oft ••— '040 •i • 4beaumq& .. id Acuna Uvalde ••® t ®� • •r •J 'iedras Negras • • U6 LA • tg #of Vsits < 0 High � as • C • 0 Low ...,_VO LEON Reynosa www.hunden.com 4 Task 3: Economic, Demographic, and Tourism Analysis Hunden will evaluate Corpus Christi's position as an economic and tourism center of activity. Hunden will consider how this activity generates overnight visitors. This analysis will provide a realistic assessment of the strengths, weaknesses, opportunities and threats(SWOT) for the area. Among the data gathered and analyzed will be: ■ Geographic attributes, accessibility, and transportation links, especially those that influence the ability to host conventions and other major events, ■ Trends in population growth and income, ■ Corporate presence, major employers and any significant recent or likely future changes, and ■ Tourism attractions and visitation, especially those that contribute to the city's attractiveness as a destination for conventions and events. ESRI Neighborhood Analysis,Placer.ai Analysis and CoStar Insights. Hunden utilizes the latest market data, visitor origin data, demographic data, psychographic data and other resources to determine a comprehensive view of your marketplace. Task 4: Convention, Conference and Meetings Market Analysis Industry Trends. Hunden will profile the health of the convention and meeting industry and discuss the various factors making up the industry trends, especially in communities similar to Corpus Christi. This will provide the Client with a strong grasp on the current forces shaping building development, including trends for various types of event growth. Competitive Analysis. Hunden will analyze the competitive facilities that serve the meetings/event market in the state and the region beyond Texas. Hunden will compare them as part of a competitive set selected for Corpus Christi. Included in the analysis: ■ Detail on the existing offerings in regional and competitive markets and their suitability for conventions, conferences, trainings, and meetings. This comparison will document any physical deficiencies or characteristics that may inhibit development of future business. ■ Detail on the existing offerings for peer markets in the national market and their suitability for conventions,conferences,trainings, and meetings when compared to Corpus Christi. Hunden will work with the local stakeholders and others to understand which cities are most competitive with the Corpus Christi, as well as those that ought to be competitive. This comparison will document any physical deficiencies or characteristics that may inhibit development of future business. ■ Identify gaps in the market and discern whether an expanded convention center fills these gaps. Hunden will examine the regional market for the existing supply of space and any demand for additional space. Hunden will consider conventions, corporate trainings, trade shows, local expositions, www.hunden.com 5 conferences/corporate meetings, assembly events, public/consumer shows/local events, entertainment events, banquets, meetings and any other event types that may make sense. Task 5: Meeting Planner Interviews Hunden will conduct interviews with meeting planners that have used the convention facilities at the ABC complex. Hunden will get its most informed responses from phone interviews with these planners. Interviews will include planners from many sectors and types,including industry trade groups,associations, corporations, government groups, educational groups, religious groups, and others as appropriate. Task 6: Headquarter Hotel Trends and Walkable Package Analysis; Financing Profiles A walkable hotel package is critical to the success of convention and event venues. Hunden will provide an overview of the industry trends related to headquarter convention hotels and surrounding amenities package. Hunden will: ■ Profile the convention hotel, walkable hotel package and walkable amenities package for competitive and comparable facilities in Texas and other relevant markets, and ■ Provide a perspective on the deals and incentives/tools that have been used to bring such projects to fruition. The meetings market has evolved over the past 25 years and has grown more sophisticated. Event planners have increased the requirements necessary to book meetings business. This trend of packaging the convention product led to expectations by the market and competitive pressure for all meeting facilities to offer a convenient package of hotels attached, adjacent or within immediate walking distance of the facility. Proximity eliminates the need for shuttling, and often the hotels provide enough meeting and event spaces for the additional needs of the planners. Those that do not offer such a package suffer considerably when competing for meetings, conferences, conventions, and other events. Planners demands are not only for hotel rooms, but for high-quality hotel room blocks in major (often branded) hotels. Financing profiles will be provided in this analysis, which will include public-private partnership examples in Texas, as well as publicly-owned HQ hotels via a local government corporation. There are a number of examples in Texas and Hunden will profile five projects across the spectrum of financing options. Task 7: Local Hotel Market Analysis In this task, Hunden will interview local hotel and tourism management to determine the sources of demand for the market generally and for individual hotels in and around the ABC. Hunden will gather local and regional tourism data from specific hotel, event, sports and meeting facilities and organizations. Hunden will examine how the existing hotels are or are not accommodating the type of demand that would like to visit the area. The analysis will include the following elements: www.hunden.com 6 Industry Trends. Hunden will cover the trends that influence hotel development and performance and how recent macro events have impacted hotels. In addition, Hunden will cover key drivers of demand,financial realities, including typical metrics and cap rates, and others as relevant. Local Market. In this task, Hunden will profile the area supply of hotels as well as the key nodes or clusters of hotels in the marketplace. Hunden will interview local hotel and tourism management representatives to determine the sources of demand for the market generally and for individual hotels in and around Corpus Christi. Hunden will gather local and regional tourism data from specific hotel, event, sports and meeting facilities and organizations. Hunden will consider such annual events and seasonal tourism waves to examine how the existing hotels are or are not accommodating the type of demand that would like to visit the area. Competitive Set. Hunden will analyze the submarket to determine the competitive set of hotels near the Project. Hunden will consider location, size, quality, age, brand, concept, amenities and other factors. Hunden will obtain data through interviews and STIR (Smith Travel Research) statistical database and reports, and a variety of industry resources. Proposed and Under Construction Projects. Hunden will profile the relevant projects underway or imminent and consider those as part of the future competitive set. Comp Set Performance. The analysis will include tracking of occupancy, monthly room night demand, average daily rate (ADR), and Revenue per Available Room (RevPAR), and performance by year, month, day of week, unaccommodated demand and demand type/market mix. Hunden will discuss how new hotels have been absorbed into the market. Hunden will provide conclusions on the ability of these improvements to induce more demand from each major market segment. Market segmentation within the set will also be shown in three primary categories: ■ Commercial transient, ■ Group (corporate group, association, and other), and ■ Leisure. Task 8: Comparable Development Profiles Hunden will assess other similar convention center expansions and headquarter hotel developments with relevance and comparable characteristics and suggest what lessons can be learned from them in terms of expansion/upgrade/development approach, layouts,amenities,and other elements. Hunden can focus on those in markets with similar characteristics to those of Corpus Christi. Hunden will consider: ■ Location, ■ Facility size and offerings, ■ Year built, www.hunden.com 7 ■ Expansion details, ■ Cost, ■ Amenities, ■ Critical factors to success or failure. These will be profiled,and implications discussed. The results will provide the Client with concrete lessons learned and warnings about the costs and other items involved with such a Project. Task 9: Recommendations, Drawings and Cost Estimates In this task, Hunden will analyze the information gathered in the previous tasks to make recommendations for optimal renovation and/or expansion of the ABC and development of a new headquarter hotel in Corpus Christi. Hunden will make recommendation on the ABC expansion program, including: ■ Feasible expansion and/or upgrade scenarios for the ABC facilities, including anticipated space type and size (exhibit halls, ballrooms, breakout meeting rooms, special event spaces, etc.) and ■ Pre-function and Back-of-House(BOH) space, ■ Other critical amenities, ■ Parking needs, and ■ Improvements to enhance overall area connectivity and synergy with surrounding developments. Hunden will make recommendations on the hotel program, including: ■ Whether a convention hotel makes sense and why, ■ Hotel size, room count, quality, and amenities, ■ Number, size, quality, and type of hotel function space, ■ Number, size and quality of food and beverage outlets, ■ Branding, ■ Other services and amenities, and ■ Other amenities and technical requirements. Cost Estimates. If the City does not engage a design partner for HSP at this time, HSP will use industry metrics to make estimates of development cost. www.hunden.com 8 Task 10: Demand and Financial Projections Convention Center Expansion Projections Hunden will determine how the market will absorb any recommended expansion to the ABC, providing a ten-year performance projection. The projections will include demand by type of event, annually, with average attendance. The analysis will consider conferences and conventions, corporate trainings, trade shows, local expositions, conferences/corporate meetings, assembly events, public/consumer shows, entertainment events, by type, banquets, meetings, and local events. Based on the projection of demand and applying several assumptions regarding room rental rate, food and beverage per-caps and others, Hunden will prepare a financial projection for the expansion. This will include: ■ Estimated revenues for ten years of operations. Expenses directly related to the meeting facility will also be projected for the period. The model will generate a pro forma operating statement that includes the revenue and expense items, including the following: o revenues: rooms, food and beverage, space, space and equipment rentals, reimbursed expenses, telecommunications, audio/visual, decorating, electrical and other income, o direct operating expenses: wages and salaries, contract services, utilities, maintenance, and repair, supplies and other expenses, o unallocated expenses: employee benefits, advertising and promotion, general and administrative, professional services, insurance, and other expenses; and o Debt service. Hunden will provide a net operating income statement incorporating the operating revenues and expenditure as to arrive at a projected surplus or loss, which may or may not require an ongoing subsidy. Headquarter Hotel Projections Hunden will determine how the market will absorb the recommended hospitality development over time, providing a ten-year demand projection for each type of overnight accommodation. Ultimately the question Hunden will answer is: How will the proposed hospitality development perform regarding occupancy, rate, and revenue per available room (RevPAR)? Hunden's approach to answering these questions includes a strong methodology. Hunden will: ■ Perform a market penetration analysis for the proposed hotel and estimate future room-night demand, occupancy, and ADR, ■ Include assumptions for competitive market demand growth, induced demand, recapture of demand, and unaccommodated demand based on earlier analysis and penetration and inducement capability of the proposed hotel, ■ Each market segment will be assessed, including leisure, commercial, and group. Average rate for each segment will be analyzed and projected, and www.hunden.com 9 ■ Project capture of existing demand from the competitive set and outside the set. This methodology will result in a projection of occupancy, rate and Revenue per Available Room (RevPAR) for the proposed hotel(s)for the ten years of operation. These will then lead to a more detailed pro forma by line item. Based on the projection of demand and applying several assumptions regarding room rates, food and beverage revenue and expense and other items, Hunden will prepare a financial projection for the proposed Project. This financial analysis includes the following, based on the Uniform System of Accounts for hotels, commonly accepted throughout the industry: ■ Estimate revenues by line item. Expenses directly related to the facility will also be projected for the period. The model will generate a proforma operating statement that includes the revenue and expense items, including the following: o Revenues: rooms, food and beverage, parking, other operated departments, space and equipment rentals and other income, o Direct operating expenses: wages and salaries, contract services, utilities, maintenance and repair, supplies and other expenses, and o Unallocated expenses: administrative salaries, employee benefits, advertising and promotion, general and administrative, professional services, insurance, capex reserves and other expenses. o Other Expenses: branding and management fees, taxes, insurance, reserve for replacement and other expenses. The financials will be presented in a line-item by line-item basis, which will lead to estimates of net operating income or loss.These will then feed a valuation model,as well as a supportable financing model of equity and debt. Any feasibility gap will then be determined. Funding Approaches Hunden will provide an overview of the funding approaches that have been used for convention hotels, especially in Texas. Task 11: Economic, Fiscal, and Employment Impact Analysis Hunden will conduct an economic,fiscal and employment impact analysis to determine the direct, indirect, and induced impacts, including the tax revenues that would be generated by the convention center expansion and new hotel. Based on the above analysis, a projection of net new direct spending will be tabulated. New spending is spending that is new to the community as visitors come to Corpus Christi and the surrounding area due to an event, spend the night or otherwise spend time or money in the area. Hunden will analyze the spending by residents (transfer spending) and discuss the amount that is recaptured. For example, due to the existence of activity generated by events, economic activity occurs as residents pass up opportunities to leave the area to spend money. Instead of going to an event in www.hunden.com 10 another area, the event keeps their spending within the area. This is considered recaptured demand. The net new and recaptured direct spending is considered to be the Direct Impacts. From the direct spending figures, further impact analyses will be completed. ■ Indirect Impacts are the supply of goods and services resulting from the initial direct spending. For example, an attendee's direct expenditure on a hotel room causes the hotel to purchase linens and other items from suppliers. The portion of these hotel purchases that are within the local economy is considered an indirect economic impact. ■ Induced Impacts embody the change in local spending due to the personal expenditures by employees whose incomes are affected by direct and indirect spending. For example, a waitress at a restaurant may have more personal income as a result of the attendee's visit. The amount of the increased income that the employee spends in the area is considered an induced impact. ■ Fiscal Impacts represent the incremental tax revenue collected by the City due to the net new economic activity related to an event. For example, our analysis will estimate the hotel and other tax revenue from an overnight stay by an attendee and considers this a fiscal impact. The fiscal impact represents the government's share of total economic benefit. Fiscal impacts provide an offset to the potential public expenditures required to host events. Hunden will identify the taxes affected and conduct an analysis of the impact on these accounts and governmental units. ■ Employment Impacts include the incremental employment provided not only onsite, but due to the spending associated with an event. For example, the direct, indirect and induced impacts generate spending, support new and ongoing businesses, and ultimately result in ongoing employment for citizens. Hunden will show the number of ongoing jobs supported by the project and provide the resulting income and income taxes generated. Hunden uses one of the industry's most relied upon multiplier models, IMPLAN. This input-output model estimates the indirect and induced impacts, as well as employment impacts, based on the local economy. An input-output model generally describes the commodities and income that normally flow through the various sectors of the economy. The indirect and induced expenditure, payroll and employment result from the estimated changes in the flow of income and goods caused by the projected direct impacts. The model data are available by various jurisdictional levels, including counties. Deliverables and Timing Hunden has the capacity to begin work immediately and proposes to complete a PowerPoint-style draft report of the analysis within approximately ten weeks of the kickoff. Please note that this timing does not include holidays and will be calculated based off of standard business days. Market Findings PowerPoint— Prior to the issuance of the draft analysis, Hunden will virtually present a PowerPoint presentation of our initial market findings and recommendations approximately six (b) weeks after the kickoff and in-person site visit. www.hunden.com 11 Draft Analysis—Having completed all tasks, Hunden will compile the results into a PowerPoint-style report of findings and recommendations,which will be presented to the Client approximately three to four weeks after delivery of the preliminary findings for review and comment. Final Analysis — After receiving comments on the draft analysis, Hunden will issue its final analysis electronically. Fees Hunden proposes to complete the study for a professional fee of $88,800, plus a travel and expense budget up to $2,200. Hunden proposes to bill according to the following payment schedule, broken out by deliverable milestone: ■ Kickoff: $22,200 ■ Market Findings: $22,200, plus accrued expenses ■ Draft Analysis: $22,200 ■ Final Analysis: $22,200, plus accrued expenses Hunden remains flexible and open to the needs of the Client. Contractual Conditions The following conditions apply to this engagement with you. SCOPE LIMITATIONS. Hunden's services do not include the following: any assistance with a bond marketing strategy; any assistance with the preparation or distribution of any official statement; or any advice on the municipal bond market. Hunden does not provide advice with respect to municipal financial products or the issuance of municipal securities, including services with respect to the structure, timing, terms and other similar matters concerning such financial products or issues. Hunden is not a municipal advisor and Hunden is not subject to the fiduciary duty set forth in section 15B(c)(1) of the Registration and Regulation of Brokers and Dealers Act(15 U.S.C. 78o-4(c)(1))with respect to the municipal financing product or issuance of municipal securities. Client is advised that any actual issuance of debt must be done under the advice of its bond counsel and financial advisors. Your financial advisor should provide any advice concerning the specific structure, timing, expected interest cost, and risk associated with any government loan or bond issue. Potential advisors should not rely on representations made in this report with respect to the issuance of municipal debt. The findings and recommendations of Hunden's research will reflect analysis of primary and secondary sources of information. Estimates and analyses presented in our work product will be based on data that are subject to variation. Hunden will use sources that it deems reliable, but will not guarantee their www.hunden.com 12 accuracy. Recommendations will be made from information provided by the analyses, internal databases, and from information provided by external sources. Client is entitled to receive the work product(s) prepared by Hunden pursuant to this Agreement. Client has no right to access or deliverance of any underlying statistics, models, or any other information developed by Hunden in preparing the Report to which this Agreement pertains. UPDATES. Hunden has no responsibility to update its work product(s) for events and circumstances occurring after the date presented to the Client. Delayed invoice payments will result in delay of deliverables for the next portion of work. If edits and comments are not received from the Client related to any prior deliverable within thirty (30) days of the delivery of the deliverable, the work product will be considered final, and the current billing will be sent and become due. BILLING. Any past invoices must be paid prior to the delivery of the next Milestone Deliverable. If an invoice remains unpaid 30 days after it was emailed to the client, Hunden may without further obligation, cease the assignment and terminate the Agreement. All previous invoices will remain due. Any invoice unpaid after 30 days will accrue a 3% per month late fee. Any invoice unpaid after 90 days will result in legal action by Hunden to collect such invoice(s). Failure by Hunden to assess late fees does not preclude Hunden from assessing late fees in the future. TRAVEL. In the event that the Client chooses to alter, adjust or change dates/times of any Client-related trip after Hunden has booked and purchased travel arrangements, it shall be the responsibility of the Client to reimburse Hunden for any fees and fare/price differences associated with cancellation/change of travel arrangements. USE OF DELIVERABLE. The Work Product is copyrighted and cannot be manipulated in any way beyond the format that it was provided to the Client. Hunden is available to adjust work product as needed at a standard hourly rate of$200 per hour. TERMINATION. Notwithstanding the Billing language above, Hunden reserves the right to terminate this Agreement on fifteen (15) days written notice to Client should Client fail to satisfactorily perform its obligations under this Agreement. In the event Hunden terminates this Agreement, Client is obligated to pay Hunden for all services rendered under this Agreement prior to termination, including work through the next unbilled milestone. Nothing contained herein shall constitute a waiver of Hunden's right to bring suit for damages or to enforce specific performance of this Agreement. In the event of termination of this Agreement by the Client,Client is obligated to pay Hunden for all services rendered under this Agreement prior to termination, including work through the next unbilled milestone. Hunden further reserves the right to take any legal action necessary to enforce its rights under this Agreement. In the event Hunden is required to commence suit to collect any unpaid amounts due to it from Client, Client agrees to reimburse Hunden for its costs and attorneys'fees in bringing such suit. It is agreed that the liability of Hunden to the Client is limited to the amount of the fees paid by client to Hunden. www.hunden.com 13 Hunden limits its responsibility to the Client and any use of the study produced pursuant to this Agreement by third parties shall be at the risk of the Client and/or said third parties. By the execution of this Agreement, Client acknowledges that he/she/it has read and agrees to the terms and conditions of this Agreement and agrees to the inclusion of a standard set of General Assumptions and Limiting Conditions in the report. Additional conditions prompted by the discovery of extraordinary or unusual circumstances uncovered during the course of investigation may be added to the study assignment, if necessary. DISPUTES. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, other than non-payment of amounts due hereunder, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other applicable]Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If this document meets with Client's approval, Client may accept this letter and authorize Hunden to proceed by signing below. Authorization Accepted By: Signature Printed Name Title Company Date: www.hunden.com 14 Corpus Christi Proposal for Future Pluses of Work To: Johnny Philipello President and CEO at Buccaneer Commission (Buc Days) Corpus Christi, Texas johnny@bucdays.com From: Rob Hunden, CEO Hunden Strategic Partners 213 W Institute Place, Suite 707 Chicago, IL 60610 rob@hunden.com Date: February 2, 2022 Understanding The City of Corpus Christi (City or Client) is seeking a proposal from Hunden Strategic Partners (Hunden) to complete a study process related to the future expansion of and development of new real estate assets at the American Bank Center(ABC or Center) in Corpus Christi,Texas. The City is looking to first study the market and financial feasibility for two primary opportunities: the expansion and/or renovation of the ABC and a new convention headquarter hotel development. Hunden has separated that scope of work out and presented it as its own primary phase/contract. Once the expansion and headquarter hotel study phase is complete, Hunden can provide the City with future phases of work to address a variety of overall placemaking and project delivery questions. This document outlines these possible future services. One of the future phases is related to advancing the headquarters hotel development from concept to reality. The first step is to provide an overview of potential funding options for the recommended Project. Hunden can then represent the City's best interests and manage the developer solicitation and selection process. Additionally, there is the potential for a study to explore the opportunity for mixed-use development and destination placemaking for the parcels adjacent/surrounding the ABC known as the SEA District (sports, arts and entertainment). This will include completing a destination district study to examine retail, restaurant and other commercial uses designed to provide the ABC area with a sense of place and critical mass of options for visitors and locals. Hunden is uniquely qualified and prepared to provide the following future services: ■ Financing Options Overview- $28,000 www.hunden.com 1 ■ (optionao Mixed-Use Convention District Market Study - $48,000 ■ (optionao Mixed-Use District Financial and Impact Study- $32,000 ■ Developer RFQ Solicitation and Selection Process- $48,000 ■ Shortlisted Developer RFP Selection Process - $48,000 ■ Negotiation of Development Agreements— Billed hourly up to $48,000 The pages that follow outline scopes of work for each proposed future study phase, including tasks and methodology, deliverables, timing and estimated fees. We remain flexible in our approach and open to adjustments. Each phase can be authorized individually, or all at once, depending on the Client's preference. Financing Options Overview for Convention Center and HQ Hotel Hunden will work with City finance representatives to provide an overview of potential funding options for the convention center renovation/expansion and the headquarters hotel. These will be based on existing tools for funding, as well as those used by other cities in Texas. Some of the tools may not be readily available, but could be activated by participating in specific legislation. Hunden will review the options with Corpus Christi, its financial advisory firm, as well as other cities like Fort Worth, Dallas and others that have accessed a variety of tools. Hunden expects this process to take approximately one month. It can be folded into the prior studies if desired. To the extent that historical revenues or projected revenues can be estimates, Hunden will make initial projections of potential revenue streams from the various tools, such as new or existing HOT taxes(city or state), property taxes, sales taxes, and any others that are material and relevant. Fees Hunden proposes to complete this overview for a professional fee of$28,000. Hunden proposes to bill according to the following payment schedule, broken out by deliverable milestone: ■ Kickoff: $14,000 ■ Conclusion: $14,000 Destination District Stu Hunden recommends completing a mixed-use district study to complement the development of any convention center expansion and headquarters hotel. Only when visitors feel like they are in a destination www.hunden.com 2 and not isolated in an event facility will a location be truly desirable for most group events. Visitors want to feel like they have walkable options right outside their hotel or event center door, for restaurants, entertainment and shopping. In addition, visitors want to be where locals spend time. If residential and office development can occur in the convention district, it will help create an 18-hour per day buzz of economic activity. All elements need to be present to make this a reality: daytime office, nighttime visitor and resident activity throughout. Hunden can complete a market analysis that consists of the following: ■ Retail, ■ Restaurant, ■ Entertainment, ■ Residential, and ■ Office. Hunden will then make recommendations for the optimal mix of uses to be developed in the walkable area. This approach is helping a number of cities become event destinations, including in Texas. In addition, the development of walkable districts can create additional taxes that can be used to fund projects. Hunden can provide a full scope of work for these elements as desired. Timing and Fees The proposed timing to complete both phases of analysis, the market phase and the financial/impact phase, is approximately 10 weeks. The cost for the market analysis portion is$48,000 plus an expense budget up to$1,900. The cost for the financial/impact analysis is $32,000. Developer RFQ Solicitation and Selection Process Hunden's scope of work is proposed as follows: ■ Task 1 — RFQ Process Kickoff and Orientation ■ Task 2—Creation of RFQ Documents ■ Task 3— Management of Solicitation Process; Promoting the Opportunity; Site Visit; Q&A ■ Task 4— Review of RFQ Submittals; Zoom Interviews www.hunden.com 3 Task 1: Project Kickoff and Orientation Hunden Strategic Partners professionals will meet with the City of Corpus Christi (City or Client)to confirm the goals of the selection process and other contextual issues related to the Project. Hunden will perform the following orientation and due diligence oriented tasks: ■ Obtain information and data from the Client and any other appropriate governmental agencies. ■ Review Hunden's prior work for the City and determine which elements of previous reports(or other materials) should be utilized in the RFQ/P documents, as appropriate. ■ Review Hunden's similar efforts, discuss their attributes, implementation and approach to determine lessons learned and implications. ■ Discuss the marketing approach to the RFQ/P effort. Media can be very beneficial in aiding the promotion of the bidding process, if managed. Hunden will also begin compiling lists of potential Developers for the Project. Task 2: Creation of RFQ Documents The RFQ process is recommended first. The benefit of an RFQ process first is it is less time an effort for potential vendors, and they can test the waters without spending as much time, money, and effort on a contract they fear they may not win. RFQ processes will increase the number of potential bidders. One of the challenges is convincing bidders that it is worth their time and effort to submit and an RFQ process makes it easy for them to do so. In addition, the RFQ stage is very helping in filtering the teams. The process ensures that only qualified bidders will move onto the next round. Hunden has had a number of experiences where connected, but non-qualified groups submit proposals. This allows for the qualifications and scoring to sort the short list out and not prior relationships. Hunden will draft an RFQ document package,to be reviewed and accepted by Client representatives.This will include: ■ RFQ Document, ■ Marketing Materials(Images), ■ Market Data/Tourism Data, and ■ Deal Parameters, if determined. Once approved, Hunden will send the document to a list of developers identified, as well as post to Hunden's website(to enable Hunden to track the downloads). Hunden has a list of developers and groups that will be contacted about the opportunity. Hunden will also work with the City to issue a press release regarding the opportunities to maximize exposure locally and nationally. www.hunden.com 4 Task 3: Management of Solicitation Process; Promoting the Opportunity;Site Visit;Q&A Hunden will discuss the proposal process with potential respondents and represent the City's best interests when doing so. In consultation with the City, Hunden will set a deadline for submitting written questions or requests for clarification and will assist in responding to these written inquiries. An important part of the process is continuous contact with potential respondents to ensure that a number of highly qualified groups respond. As these requests are time-consuming, it is easy for many potential vendors to not respond and focus on other less time-consuming opportunities. Hunden will continually work these contacts to ensure a strong response to both the RFQ and the RFP process. A site tour of the site and surrounding area will be conducted by the City and Hunden for the benefit of the bidders.This will give the bidders a chance to ask questions, understand current and future conditions, and generally involve themselves more deeply in the process. Hunden will record all questions and answers during the tour and any related meetings. After the tour and the Question &Answer Period, Hunden will send an RFQ Amendment to the interested groups with answers to all questions posed to date. Typically, the date to submit final questions is approximately two to three weeks prior to the RFQ submittal deadline. The time period to respond to the RFQ would be approximately five to six weeks, which gives Hunden time to be in contact with all vendors and promote submittals. Task 4: Review of the RFQ Submittals; Zoom Interviews Hunden will review the RFQ submittals and compare them in a matrix memo summarizing the qualifications of the groups for each opportunity. Hunden suggests conducting Zoom interviews with those under consideration for the short list to get a better sense of the bidders prior to shortlisting for the RFP process. It will allow for an informal and informational discussion that would put personalities and perspectives with the RFQ submittal, which will help lead to a more informed short-listing. Items considered will be experience in other similar situations, pricing/value,team components and others as determined. From there, the City can shortlist immediately, and finalists will be invited to submit proposals. The time period for this review and the brief interviews can be one to two weeks, depending on scheduling. Timing and Fees Timing. This phase of work typically lasts four to five months. That timing is an estimate based on previous solicitation and selection processes and is dependent upon many factors. Fees. Hunden proposes to complete this scope process for a professional fee of$48,000, plus a travel and expense budget up to $1,900. www.hunden.com 5 Hunden proposes to bill according to the following payment schedule, broken out by deliverable milestone: ■ Kickoff: $16,000 ■ Release of RFQ Document: $16,000 ■ Review of RFQ Submittals: $16,000, plus accrued expenses Hunden remains flexible and open to the needs of the Client. Shortlisted Developer RFP Solicitation and Selection Process Hunden's scope of work is proposed as follows: ■ Task 1 —Creation of RFP; Shortlisted Developers Receive RFP ■ Task 2— Evaluations, Interviews and Rankings Task 1: Creation of RFP; Shortlisted Developers Receive RFP Hunden will create the RFP document based on the criteria determined with the City. A scoring matrix will be included. Once the shortlist has been determined, the Hunden will be sent out. Hunden will have been working on the RFP document during the prior tasks. Hunden will work behind the scenes with the shortlisted groups to ensure full compliance with the request and answer any questions in order to generate the highest quality responses. The RFP should be ready prior to the shortlist, which means the shortlisted groups would receive the RFP immediately after the zoom interviews and short list is determined. Hunden recommends that the shortlisted developers have approximately 5 to 6 weeks to respond with their full proposals. In-person interviews (or Zoom if preferred) can be set in advance so the process can move quickly once proposals are received. Task 2: Evaluations, Interviews and Rankings Hunden will then collect the responses to the RFP and develop a summary document that puts the proposals and responses in a side-by-side comparison. Each category of response will be evaluated, and a conclusion drawn. Hunden will also conduct reference checks and undertake procedures to verify information contained in the submittals. Hunden will formulate a list of recommended questions that the City will ask of the potential candidates to clarify the RFP responses. Hunden suggests ranking and not designating a one-and-only respondent, based on the scoring matrix. In order for the community to retain flexibility in negotiations, the respondents must know that if www.hunden.com 6 discussions with the first group are not successful, then the City has the option to proceed to the second- ranked firm. Prior to final determination of a final ranking, it is Hunden's experience that interviews and presentations should be conducted with the top-ranked respondents. While much knowledge can be gained from responses on paper, the City will make its most well informed decision after combining response information with presentation and question-and-answer clarifications with the top-ranked respondents via interviews of approximately 90 minutes each. It is then that the character of each organization (or team) can be more accurately observed. After this step, the City may wish to begin negotiations with the top group. Tiring and Fees Timing. This scope of work typically lasts three to four months. That timing is an estimate based on previous solicitation and selection processes and is dependent upon many factors. Fees. Hunden proposes to complete this process for a professional fee of $48,000, plus a travel and expense budget up to $1,900. Hunden proposes to bill according to the following payment schedule, broken out by deliverable milestone: ■ Kickoff: $16,000 ■ Release of RFP Document: $16,000 ■ Completion of Interviews: $16,000, plus accrued expenses Hunden remains flexible and open to the needs of the Client. Negotiation of • • i ` Agreement an• Ongoing Advisory Hunden's scope of work is proposed as follows: ■ Task 1 —Term Sheet(Billed Hourly) ■ Task 2— Negotiations with Top-Ranked Developer/Agreement(Billed Hourly) Task 1: Terra Sheet Negotiation (Billed Hourly) Hunden will work to create and negotiate a simple term sheet(non-binding)that will set the general terms for the ultimate development agreement. www.hunden.com 7 Task 2: Negotiations with Top-Ranked Developers)/Agreement (Billed Hourly) Hunden will provide advice and consultation to the City during negotiations with the selected developer or development team on a final Agreement. Hunden will provide a national perspective and be able to provide best practices learned in other similar projects around North America to ensure that the final Agreement achieves the Client's goals for success. There are base documents and best practices that have emerged from deals completed across the U.S. and Hunden will incorporate these into the agreements. Hunden will continually be the City's resource for this task and make recommendations regarding the negotiations. In addition, as requested, Hunden will serve as the City's representative, organizing conference calls, meetings and moderating discussions between the Developer, Client, attorneys and other parties. Hunden is not an attorney, and the City will want to utilize an experience redevelopment attorney for the technical drafts. Hunden will advise throughout as appropriate. Hunden's role is to work with you through the process to ensure that it is efficient, thorough, retains complete integrity, and results in a Project that provides the benefits sought by the City. Fees Hunden works hourly during the development negotiation phase and will work up to a limit of $48,000 plus expenses up to $1,900. Any work completed during this phase will be billed hourly at the following rates: ■ CEO Rob Hunden: $375 ■ Process Manager: $225 ■ Analyst: $195 www.hunden.com 8 so GO O� U NCOHP00.Pt�'� 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 29, 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 authorizing an electricity power purchase agreement for the City of Corpus Christi with a term not to exceed 10.5 years and a total expenditure not to exceed $57,000,000.00, subject to future annual budget appropriations; and authorizing the City Manager to execute the agreement. 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 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 purchases may not exceed $57 million on a contract up to 10.5 years, respectively. 2. The term of the contract shall not exceed 10.5 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: There is no current fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing an electricity power purchase agreement for the City of Corpus Christi with a term not to exceed 10.5 years and a total expenditure for energy not to exceed $57,000,000.00, subject to future annual budget appropriations; and authorizing the City Manager to execute the agreement. 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 and total expenditure for energy not to exceed $57,000,000.00, subject to sufficient future annual budget appropriations and excluding the costs and taxes stated in Section 2 of this resolution. Section 2. The total expenditures for energy purchased pursuant to this resolution do not include gross receipt taxes, transmission costs, or distribution costs. 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 of March 29, 2022 DATE: March 29, 2022 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation DanteG(a)cctexas.com (361) 826-3133 Cole Park Skatepark Repairs CAPTION: Resolution authorizing an agreement with Grindline Skateparks, Inc. to perform repairs for Cole Park Skatepark in an amount not to exceed $70,000 through the General Fund. SUMMARY: Parks and Recreation is requesting an agreement with Grindline Skateparks, Inc. for repairs to Cole Park Skatepark. BACKGROUND AND FINDINGS: Cole Park Skatepark was constructed in 2008 and has been a popular amenity since its introduction. The skatepark is part of the Cole Park amenities and it is visited by residents and tourists year-round. Due to its popularity and heavy use, Cole Park Skatepark requires maintenance that is beyond preventive maintenance. The heavy use of the skatepark has created multiple hazards such as jagged edges on the concrete including the seam, ledges, decks, and bowl, and sharp metal edges on the steel coping. The need to revitalize the skatepark has come at the assessment of Parks and Recreation personnel as well as requests from citizens and tourists who utilize this amenity. To reduce the risk it currently poses, Parks and Recreation Department is requesting authorization to make necessary repairs through the services of Grindline Skateparks, Inc. Grindline Skateparks, Inc. are the best suited contractor for the repairs as they constructed and installed the Cole Park Skatepark in 2008. Grindline specializes in the planning, design, and construction of cast-in-place concrete skateparks. Their construction methods incorporate highly skilled shotcrete, flatwork, and masonry techniques specific to building concrete skateparks, which standard concrete contractors cannot replicate. Parks and Recreation is requesting approval to procure this service via sole source. The repair services are estimated to not exceed $70,000. Construction will commence on April 18, 2022 and be completed on May 30, 2022. Parks and Recreation will continue to monitor the skatepark after the repairs are complete and create a long- term maintenance plan for standard and preventative maintenance. ALTERNATIVES: An alternative would be to deny the proposed agreement with Grindline Skateparks, Inc. and seek alternate vendors to do the work. However, this is not preferred as they were responsible for the construction and installation of Cole Park Skatepark which has withstood overtime. Their expertise will allow them to provide the most efficient repairs for Cole Park Skatepark. FISCAL IMPACT: The repairs to Cole Park Skatepark for FY22 will be in a total amount not to exceed $70,000 through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12900 Mission Element: 142 Project # (CIP Only): N/A Account: 530215 RECOMMENDATION: Staff recommends approval of this motion authorizing an agreement with Grindline Skateparks, Inc. to perform repairs for Cole Park Skatepark. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution authorizing an agreement with Grindline Skateparks, Inc. to perform repairs for Cole Park Skatepark in an amount not to exceed $70,000 through the General Fund. WHEREAS, Grindline Skateparks, Inc., has agreed to provide repairs to the Cole Park Skatepark that are causing safety concerns; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health and safety of the City's residents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (3), as this purchase is necessary due to unforeseen damage to public machinery, equipment, or other property. 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 designee, is authorized to execute all documents necessary to secure an agreement with Grindline Skateparks, Inc. to perform repairs for Cole Park Skatepark in an amount not to exceed $70,000 through the General Fund. Page 1 of 2 PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 \ FOR ACCO, CAP 00 CORPUS r, ACCREDITED CHRISTI 's = P w a off �hA RECRFAtP Authorization of Cole Park Skatepark Repairs City Council ® March 29, 2022 Cole Park Skate ark CHRISTI PARK56 • Constructed in 2008 by Grindline Skateparks, Inc. • Cole Park Skatepark is a popular and heavily utilized amenity • The skatepark currently requires revitalization — Jagged edges on concrete areas including the seam, ledges, decks, and bowl — Sharp metal edges on steel coping • Grindline Skateparks, Inc. will complete all repairs and provide labor and materials — Cost not to exceed $70,000 — Construction will commence on April 18, 2022 and be completed on May 30, 2022 Opp U S Ch'9i c aX r J y 1652 Skatepark Condition Steel Copirg Steel Caping Steel Caping Steel Coping failing.Remove and replace with Lest in Place Steel Copingfailing.Remove end n:pYace with Cast in Place Steel Coping fai ling.Remote and replace�•ith{��i n Place Concrete Caping Concrete Coping Cancr=te Coping Replace Steel Ledges Will 6nasite Concrete Crxks 8e Voids Replace Steel Ledges with Granite Gtech to he Roahed ewtand filled with a iRea[ibiejvint sealant. Grindline Skate arks Inc. p CHRISTI PARK56 • Grindline Skateparks, Inc. are the best suited contractor for the requested repairs — They specialize in planning, design, and construction of cast-in-place concrete skateparks — Their methods incorporate highly skilled shotcrete, flatwork, and masonry techniques specific to building concrete skateparks — Standard concrete contractors cannot replicate Recommendation Staff recommends approval of this Resolution authorizing repairs to Cole Park Skatepark. se F AGENDA MEMORANDUM /NIORPORpI Ep Public Hearing & First Reading Ordinance for the City Council Meeting 03/29/22 1852 Second Reading Ordinance for the City Council Meeting 04/12/22 DATE: February 28, 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 1422 Shely Street CAPTION: Zoning Case No. 0222-01 Thanksgiving Homes (District 2). Ordinance rezoning property at or near 1422 Shely Street d from the "CG-2" General Commercial District to "RS-TH" Townhouse District. SUMMARY: The purpose is to allow for the construction of townhomes. The applicant is proposing 10 single- family townhomes. The development will be part of a Corpus Christi Housing Authority program. BACKGROUND AND FINDINGS: The subject property is 0.96 acres in size. To the north is La Armada — Corpus Christi Housing Authority zoned "RM-1" Multifamily District. To the south is the Del Mar Testing Center zoned "RS-TF" Two-Family District. To the east is an automotive and tire shop zoned "CG-2" General Commercial District and to the west is a law office zoned "RM-1" Multifamily District. Conformity to City Policy The proposed rezoning to the "RS-TH" Townhouse District is generally consistent with the adopted Area Development Plan (Adopted July 11, 1995). The proposed rezoning is inconsistent with the Future Land Use Map having planned for commercial uses and warrants an amendment to the Future Land Use Map. Public Input Process Number of Notices Mailed 7 within 200-foot notification area 7 outside notification area As of February 28, 2022: 1 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 "CG-2" General Commercial to"RS-TH" Townhouse District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Approval of the change of zoning from the "CG-2" General Commercial to "RS-TH" Townhouse District. Vote Count.- For: ount:For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0222-01, Thanksgiving Homes: (District 2) Ordinance rezoning property at or near 1422 Shely Street from the "CG-2" General Commercial District to the "RS-TH" Townhouse 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 15 through 19, Block 12, Pineda Park, as shown in Exhibit "A". from the "CG-2" Geneal Commercial District to the "RS-TH" Townhouse District. The subject property is located at or near 1422 Shely Street. Exhibit A, which is a 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 17 k hA czzOogyo� N- 1 S- C 2 RM- 1 CN- 1 sT yy� TQ�p'F/N Q SUBJECT PROP,EIZTY syF Sys T hM, 4� G-2 N RS-TF 0112112022 CASE: 0222-01 s Christi N SUBJECT PROPERTY WITH ZONING S ® w � Subject Property e H a A-1 Apadment House District 14 Limited lndusmal District A-1A APadmentHeaseDistriet 1-2 Lightmd-fid.1Disb.t S14BJECT A-2 Apartment House District 1-3 Heavy Industrial District a-PROPEkY AB Promssional ORM Dlsmet PDD Planned Unit Development ss AT Apethrac Taurisi Dlstriet R-1A One Family Dwelling District 5 '� B-t Neighborhood Bss usineDistrict R-1B One Family Dwelling District ar B-1A Neighb«hood B - District RIC Om,F ly Dw II g out B-2 Bayfront Bus D 1.1 R-2 Multiple Dwelling District B-2A B - d B Di t-at RA O Family Dwelling District l,y�,t °o, B-3 Business ost ct RE Resdenbsl Estate District w' Sources:Esri,HERE,Garmin, B-4 IB District R-THT house Dwelling District = = ca USG9tlntermapllNCREMENTP, B-5 Primary Business District 5P Speciel Rental ry� P ae Primary Business Cu.o152nut T-1A Travel mailer Para.D'lao-mt CityOf '�fyRC�an,Esri Japan,ME1,Esri - Bo Carpus Christi Beach Design D1st T-1B Manufactured Home Paw Dstrtct COIi7U5 C�ina(Hong Kong),,Esri Korea,Esn, F-R Ferro Rural District Toe Manufactured Ham,sebdivieial Christi (Thalland),LOCATION MAP He Hist«ical-Cultural Landmark District Preseryanan Page 4 of 4 ZONING REPORT Case No. 0222-01 INFOR No. 22ZN1001 Planning Commission Hearing Date: February 9, 2022 City Council District: 2 Owner: Thanksgiving Homes Applicant: Thanksgiving Homes Location Address: 1422 Shely Street `—' o Legal Description: Pineda Park, Block 12, Lots 15-19 (located along the north side a U) a of Shely Street, south of Tompkins Street, east of Fig Street and west of Ayers Street). Q Area. .96 acres From: "CG-2" General Commercial District 'E s To: "RS-TH" Townhouse District N Purpose of Request: To allow for 10 single-family townhomes. Existing Existing Future Zoning Land Use Land Use "CG-2" General Site Commercial District Commercial, Vacant Commercial _ "RM-1" Multifamily Medium-Density High-Density m E North District Residential Residential o "CG-2" General Government, High- Public Semi-Public > South Commercial District Density Residential o "RS-TH" Townhouse East District Commercial Institutional "RM-1" Multifamily West District Public Semi-Public Government Land Subdivision: Property is platted. The subject property is located within the Southeast Area Development Plan E (Adopted July 11 , 1995) and is planned for commercial uses based on the Future o Land Use Map. The proposed rezoning is inconsistent Comprehensive Plan and Q > a warrants an amendment to the Future Land Use Map. m 0 Zoning Report Page 2 The subject property has approximately 300 feet of street frontage along the Shely 06 Street which is designated as a "Local/Residential" Street. According to the Urban C Transportation Plan, a "Local/Residential" Streets can convey a capacity up to 500 Average Daily Trips (ADT). 0 Street Urban Transportation Proposed Existing Traffic Volume U Plan Type Section Section M Shely Local/Residential 50' ROW 60' ROW Not Available Street 28' paved 28' paved Staff Summary: Development Plan: The subject property is .96 acres. The applicant proposes 10 single-family townhomes. The development will be part of a Corpus Christi Housing Authority program. Utilities: Water: 8-inch ACP line located along Shely Street. Wastewater: 8-inch PVC line located along Shely Street. Gas: 2-inch line located along Shely Street. Storm Water: 78-inch line located along Shely Street. AICUZ: The subject property is not located in the Navy's Air Installation Compatibility Use Zones (AICUZ). Plan CC and Area Development Plan Consistency: The proposed rezoning to the "RS-TH" Townhouse District is consistent with the adopted Area Development Plan (Adopted July 11 , 1995). The proposed rezoning is inconsistent with the Future Land Use Map having planned for commercial uses and warrants an amendment to the Future Land Use Map. The following policies should be considered: • Medium-density, single-family residential uses are most suitable for Future Land Use within the Southeast Area Development Plan (Policy Statement B.2, Table 1 Future Land Use Suitability) • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Goals and Strategies Future Land Use, Zoning and Urban Design) • 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) Staff Report Page 3 Department Comments: Although the proposed rezoning is consistent with the comprehensive plan, staff notes the following: • The proposed zoning is keeping in character with adjacent and neighborhood properties. • Medium-density residential development is encouraged by the Area Development Plan, as is infill development. • The subject property is near Del Mar and HEB Park and located on a commercial node on Ayers Street. • The subject property provides a buffer between commercial and residential zoning. • The subject property is on a transit route (Corpus Christi RTA) Planning Commission and Staff Recommendation (February 9, 2022): Approval of the change of zoning to the "RS-TF" Townhouse District. Number of Notices Mailed — 7 within 200-foot notification area. 7 outside notification area As of February 4, 2022: In Favor — 0 inside notification area ° — 0 outside notification area ca In Opposition — 0 inside notification area ° — 0 outside notification area Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a (Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition.) Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Zoning Report Page 4 o� y� ell 00 N- 1 C 2 RM- 1 CN- 1 a To�A�iNs ST 6 �y� 110 N Q SUBJECT PROPERTY 0 3 Sym �yS y` 5 T 4� 1 CG- 2 2 ' N RS- TF 0112112022 CA V L: 0222-0 I Christi 1+N ' ai"' E {/�y/���v►� Zoning and notice Area S RM-1 Multifamily1 IL Light Industrial - RM-2 Multifamily 2 IH Heavy Industrial - RM-3 Multifamily 3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 _ 6 RM-AT Multifamily AT RS-6 Single-Family 6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 m CN-2 Neighborhood Commercial RS-TF Two-Family SUBJECT CRA Res ortCrt Commercial RS_15 Single-Family 15 qY� ®�pROPERTY CR-2 Resoommercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit 3 4 CI Intensive Commercial - e ` l RV Recreational Vehicle Park CBD Downtown Commerciav� RMH Manufactured Home -� CR-3 Resort Com mercial FR Farm Rural HHistoric Overlay BP Business Park ��1 /J Sources:Esri,HERE,Garmin, 9 �o USGSr Intermap;rINCREMENT R ® Seh2W'roperty owaes City � " a „ "�xdn Esri Japan,METI,Esri ❑ with 200 bufrer O in favor C 1t, of r 4 owaerswdhla2001fsttedca owners Corpus ` C�tina(Hong Kong);,Esri Korea,Esri, ettachedowaershipteble Xlneppestlee Christi (Thailand),LOWION MAP Zoning Case #0222-01 Thanksgiving Homes Rezoning for a property at 1422 Shely Street From "CG-2" To "RS-TH" a p� City Council k_ �� Q� March 29, 2022 Zoning Pattern and Adjacent Development Existing Zoning:"CG-2" General Commercial District iil"n, LaAnwids e Proposed Use: Multifamily (10 single-family 66 H@ u@Bwg A ughMV townhouses) Lwm Surrounding Uses: a North: Medium-Density Residential (La Armada—CC Housing Authority) �s Hans South: Public Semi-Public ¢��jt? G° u4orr�O4aM@ (Del Mar College Testing Center) aiwdl Ullm East: Commercial (Molina Automotive and Tire) • West:Commercial I air 00011828 �a � (Law Office) 4�Una Can hir c� N Public Notification 7 Notices mailed inside 200' buffer 7Notices mailed outside 200' buffer c -2 RM-1 N-1 Notification Area t NSsr ... 1 ro Opposed: 0 (0.00%) Separate Opposed Owners. 1 � T kgdeeR a In Favor: 0 (0.00%) ShF<r e 6 sr 4 CG-2 Notified property owner's land in square ZN t RS-TF feet/Total square footage of all property in / the notification area = Percentage of public opposition Staff Analysis and Recommendation The proposed rezoning is consistent with the adopted Southeast Area Development Plan (ADP) and warrants an amendment �. .to the Future Land Use Ma p �* x The proposed rezoning is in keeping in character with the neighborhood and is compatible with adjacent properties. y To�A Medium-density residential development is encouraged in the ADP, as is infill suarEcr development. PROPERiTY Transitional use between apartments and commercial node. "d^ NI, Proximity to HEB Park and Del Mar Campus • The proposed development will be involved in CC Housing Authority a , programs. 07 Rs rF: Planning Commission &Staff " ;ji`. �•� Recommendation: Approval Q- c�oo �a Q TD�A�rNS ST Q SUBJECT , PROPERTY StiF�y jot -lklj� aAP CG - 2 ' F T CASE: 0222-01 _ C`"`s" N „,au St W E ,4 Agnes 51 m � g Aerial View P` 0 - a ® Subject Property SUBJECT PRO'-PER'-TY G y` 6s �►1 m Sources: Esri, HERE, Garmin, USGS.-)ntermap;,INCREMENT P, �.� NRCan, Esri Japan, METI, Esri City of Corpus T/ China(Hong Kong Esri Korea, Esti. Christi (Thailand),LOCAON MAP se F v AGENDA MEMORANDUM /NIORPORpI Ep Public Hearing & First Reading Ordinance for the City Council Meeting 3/29/22 1852 Second Reading Ordinance for the City Council Meeting 4/12/22 DATE: February 21, 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 202 Graham Road CAPTION: Zoning Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning property at or near 202 Graham Road from the "IH" Heavy Industrial District to the "RV" 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 4.015 acres in size. The subject property is currently zoned "IH" Heavy Industrial District, consists of vacant land, and has remained undeveloped since annexation in 1961. To the north and west are vacant properties zoned "RM-1" Multifamily District. To the south across Graham Road are residential homes zoned "RM-1" Multifamily District. To the east are vacant properties zoned "IH" Heavy Industrial 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 5 within 200-foot notification area 1 outside notification area As of January 26, 2021: 1 n Favor In Opposition 2 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"IH" Heavy Industrial 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"I H" Heavy Industrial District to the "RV" Recreational Vehicle Park District on February 9, 2021. Vote Count.- For: ount.For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0222-03, Graham Office, LLC.: (District 4) Ordinance rezoning property at or near 202 Graham Road from the "IH" Heavy Industrial 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 4.015 acres out of Lot 9, Section 55, Flour Bluff and Encinal Farm and Garden Tracts, as shown in Exhibit "A": from the "IH" Heavy Industrial 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 S UA UF - OF TEXAS C.01'N'TV0F'NT"VC,V19 I M w'• - KA4 W;icr)-.trncA b6ngallofa 1.113 awc Pw 0",1fw! r a rQuA icaudcA A WAvici: 111kial Pubk MoMs of Mic;t owo. 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IMS: 10 Awivip am Wised nr (Intin'Pnsilbri,iti':,tsL-trr NAD 83(9)1 420WtLkjln_ 2.Y:% Mapofcqus.]&L';�.L"iXl 1:64 Mxiv:-;I.Hd B"Lmi.1%'k—:1 pli-'n. 3.) �,d S;r ee-hae=givid no h.•.r Qa nil yv-11uw plitsw c::!;: ;1-1-Tcr!stln-! r L, CMI dic gQIl I':I- I is correcL U�-.1%%' h%'�"k"r 1.� k 1!-. lv, pi '.d ik:f. Deft.-April 7,20-10. � `C,F7 r �4 qvin U i min I vp A Job No.200136-1 Page 4 of 5 ............... AJ J, % 2 l.iA(.VI:-. MALA 11 "I[J-: €{I vV 1 0 A I 1 1,CI J�'7.J-L.0 LI 14 t I 1 %1 A':."- 1)1'% 1'.-:'W P: A AV, IN VO:A M- 'A Li-- i t ,,:H -)i I A I, v- ------------ IZ F?,'%:%:"1-:,' )F P, SL "t INAL A�-1) k iA RD EN'I N 'I S �A ,M. SCALE i'-JOY S61'2? 210E :il IYFA�� 'M I.I.J. 14 1,L.L:--T AI %If)-. '.;' '.".S 41--1§ 'A 1?N f-T LU-f 17.1 e FU RM HWFr-AND E-NCIRAL FARM AND GARDEN TRAM VCkL W,FUS,41,43 M.R.N.r-T. m n W- ---------------------------- 7 RAHAM ROAD rk-kI I !,I P:f I 1 0 1 ",".'AY i: A`.'-1,X H 1:1.ANI 1141 fir' Vol VOL'A MIN 4: 41 M.-)pr %;7".f,:S17.')% F —-—----------------------- 1-1 A 51 AID 4YA krnA, .-:I n. I I It. I I rilN A A 511'_:'1 P • 141:7 "W,%:LI L -H L.L-I K:A.-MY 1 TT:I'..5' TIM �:!-Ll,'I 1jx;�T 177{-V::'I'IA k k,wc.h Tim r�4sr.1-I DITEE)L— mm 109 NO.200186,1 WOAl I'I �,R I�.11 ,I I Page 5 of 5 ZONING REPORT Case No. 0222-03 INFOR No. 22ZN1003 Planning Commission Hearin Date: February 9, 2022 C Owner: Graham Office, LLC. r �a o Applicant: Graham Office, LLC u Location Address: 202 Graham Road a N Legal Description: 4.015 acres out of Lot 9, Section 55, Flour Bluff and Encinal Q °� ° Farm and Garden Tracts, located along the north side of Graham Road, east of Waldron Road, and west of Laguna Shores Road From: "IH" Heavy Industrial District To: "RV" Recreational Vehicle Park District io Area: 4.015 acres Purpose of Request: To allow for the construction of a RV Park. Existing Zoning District Existing Future Land Use Land Use Light Industrial High Density Site "IH" Heavy Industrial District and Professional Office Residential a� N ° High Density 'E ? North "RM-1" Multifamily District Vacant Residential N a _ Low Density High Density )C J South RM-1 Multifamily District Residential Residential LU East "IH" Heavy Industrial District Professional High Density Office Residential West "CG-2" General Commercial Vacant High Density District 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. o � Q City Council District: 4 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 330 feet of street frontage along Graham Road which is designated as a "C1" 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). 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 zoned "IH" Heavy Industrial District and has remained vacant since annexation in 1961 . To the north and west are vacant properties zoned "RM-1" Multifamily District. To the south across Graham Road are residential homes zoned "RM-1" Multifamily District. To the east are vacant properties zoned "IH" Heavy Industrial 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 Graham Road. Storm Water: Roadside drainage located along Graham Road. 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 Laguna Madre, excellent access to SPID, and would meet community objectives to Zoning Report Page 3 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 consistentwith the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and warrants an amendment to the Future Land Use Map. • An adjacent property to the north and west is currently being rezoned as part of the RV park development. Planning Commission and Staff Recommendation (February 9, 2022): Approval of the change of zoning from the "IH" Heavy Industrial District to the "RV" Recreational Vehicle Park District. Number of Notices Mailed — 5 within 200-foot notification area. 1 outside notification area As of February 8, 2022: In Favor — 2 inside notification area — 0 outside notification area o 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 RIX-1 CG-2 5 SUB ECT cc PROPERTY 'A tt �fl . .�,.. Fani ddrr�n.� Case # 0222-03 ZOAHNG & NOT;CE AREA } RX-1 XUAhm1Yl L Lphl ln_UrYlrl f`, Wx xr1e1'wr/1Y:. IH Ma hdL'M EUECT- RNJ XUMJ ly MU RNnrv.G LnlL� .6.rYry OM Rrmh..l—{Jlll_. gS.10 Slr9NswnlY 10 mAr M nfanlfr Ar RS-0SIr9 N{.Mlrl {X-I f 1,hbw dCamm-nl� @ 4.f Sh RI.4'.Mlr 4.} [X� fYbhborhool[amwwcl.l @S.lr .,rgk"lfr {R-1 Ib.orl Como-cl.l @515 SIr9Nswn1Y IS =G-1 G .w{onmsMJ m-rh T—hau.a l [G3 Gw—l[umm-.IW }R } yl RarML {I {cwrrw l R4 Rarrwaecn�4YYIrN Falk Cee llswn kwn{awrrwrr:Y Mururachrwl Xoms FA Ib.orl C-1.1FR Rn Purl X Aakxic T.vvilry elr e.m...Ran ❑® sugwRrr RwR a„w. aik h10'S.Y• c h— �lIN`fl, �. Cil4ILLti LO{i47f0�1 h1AF Cliami Zoning Case #0222-03 Graham Office, LLC. Rezoning for a Property at 202 Graham Road From "IH" To "RV" o ° � T BJE ��7 q City Council March 29, 2022 Zoning Pattern and Adjacent Development CO-1 2SP103-0 ,' Currently Zoned: "IH" Heavy Industrial District Proposed Use: ' Recreational Vehicle Park Surrounding Uses: r North: Drainage Channel and Single-Family Homes $ �5 South: Single-Family � Residences B9E "ROPE, East: Vacant 2015„ o' '0 rk H ]gas N West: Park and Mini-Storage Public Notification 5 Notices mailed inside 200' buffer / '�•� 1 Notices mailed outside 200' buffer I -s Notification Area Opposed: 0 (0.00%) Separate Opposed Owners. 0 sUaaecr cc PROPEPTY O !H In Favor: 2 (69.80%) %4 ,� 2 M 1 Notified property owner's land in square N feet/Total square footage of all property in the notification area = Percentage of public opposition 3 Staff Analysis and Recommendation The proposed rezoning is z consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and warrants an amendment to the Future Land Use Map. p °�FRrY An adjacent property to the north and west is currently � t being rezoned as part of the RV park development. Staff Recommendation- Approval " RM- 1 C,G-2 J .ti q� A4 S "• t t ,' b .r m a b Y a i kVA , SUBJECT cc � ; PROPERTY " r y.* H 7�- Q "v ~� ``•,�` of � �`"� �'m'i' `���!� w-i ,tAlz ., ! 9, ! Y "" r •�^t '' '+• '?J Date Created:1/24/2022 0 H 250 500 `'.� t \Prepared By�ReyR Feet 4 Department of, evelopment Services Case # 0222-03 °s°eay Aerial with Subject Property S`BJECT PRO'P_ERTY Subject Property --,my � 0 0 <F,yOgkG °GFOH �9c R N q'Qi6e `��z Fq NCH 9t Map Scale: 1:2.400 E S r City ot, g Corpus LOCATION MAP �A` Christi se �o AGENDA MEMORANDUM NogPORpz4o Public Hearing & First Reading Ordinance for the City Council Meeting 3/29/22 1852 Second Reading Ordinance for the City Council Meeting 4/12/22 DATE: February 21, 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 5007 Everhart Road CAPTION: Zoning Case No. 0222-02, SCI Wireless & Tillman Infrastructure: (District 2) Ordinance rezoning property at or near 5007 Everhart Road from the"CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a 130-foot telecommunication tower. SUMMARY: The purpose is to allow for the construction of a 130-foot telecommunication tower. BACKGROUND AND FINDINGS: The subject property is 0.4477 acres in size. The subject property is currently zoned "CN-1" Neighborhood Commercial District and consists of a two-tenant shopping center constructed in 1968. To the north and west are office buildings zoned "ON" Neighborhood Office District. To the south is a multitenant shopping center zoned "CG-2" General Commercial District. To the east across Everhart Road are retail and office uses zoned "CN-1" Neighborhood Commercial District. At the February 9t" Planning Commission, the applicant amended their site plan to adjust the tower location and meet all setback requirements for telecommunication towers set in the Unified Development Code (UDC). The existing tower located at the Chick-fil-a site has lost its lease and the owner has decided not to extend the lease for any additional period of time. Therefore, the proposed tower is a replacement of the same height and is located 800-feet to the north of the soon to be demolished tower. The applicant has expressed that several sites were considered, but they were unsuccessful in obtaining a lease. The subject property is the last location option for the replacement tower. The proposed tower is required to meet all requirement of UDC Section 5.5 including setbacks, screening, and landscaping. Conformity to City Policy The subject property is located within the boundaries of the Southeast Area Development Plan and is planned for a commercial use. The proposed rezoning to the "CN-1/SP" Neighborhood Commercial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). Public Input Process Number of Notices Mailed 13 within 200-foot notification area 5 outside notification area As of January 26, 2021: I n Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 7.01% 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 "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit on February 9, 2021. Vote Count: For: 5 Opposed: 0 Absent: 3 Abstai ned: 1 With the amended site plan presented at the Planning Commission meeting, staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0222-02, SCI Wireless & Tillman Infrastructure: (District 2) Ordinance rezoning property at or near 5007 Everhart Road from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a 130-foot telecommunication tower. 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 10, Block 2, Gray Village #2 Subdivision, as shown in Exhibit "A". from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit The subject property is located at or near 5007 Everhart Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map and site plan attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "CN-1" Neighborhood Commercial District, is a wireless telecommunication facility of 130-feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be per the site plan as shown in Exhibit B. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. 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 building 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 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 I N-f CM-1 C -i R -9 CN-i f' .tR ON ii.... CN-1 O N IL -e(y� 1 CN- /I■ RS sus�Ecr CK-1 ,r PROPER CG-2 I ' x CG-2 s CG-2 D*wrrwnr afnw�laprnrre Case # 0222-02 SUBJECT PROPERTY WITH ZONING ® Fr,;r F7/ s CT Pko RNA I jftftmly 1IL LJ{Y-I7tluu-r.I R&&2 wmra"ly E I- Hm,,i 77uDtr.I RW RUmLarnly k P. -lal,J U7-=e,r Xtrlap ON Pro/ariHonal Offlm n}..'= kinglafan'lly" RM-A OWanFl,AT CH-1 T NooltmtZd ComrMxdal R& kJWJDFamI 9 R!TF klryyl amlV}'0.5 CN-2 MNphBwtk_atl Cammardal �7�Txu.Faml} ^4�p CR-1 R*&W 0m rdal RA16 kinglaFanNly M D34 Gm ral Cui rrdal RE Recltlantlal Eclahe elm QtMftralCamrmrrolal Rp 8p-1.1 Tbwnhnraa a kakOW o-Cane kP Spealal um l R4' Reoreatlorel'Pohbla Park CBD Duwrtawn Canmerdal RYH M.—MAhrmJ Harm CR.S Rmn tCammxo-Lal °J r FR Fb Real kl� / 141vof H HlctoFM CiDday - 9P R..l—Park LCATIQ MAPt'�IfISII Page 4 of 5 Exhibit B r a�•caaoum�rw,a rrP xa� �?][9!,fa,R,'d�Fb" 11 1/ ,llrPmP".2 IIE rmw w ttN PMxE HL•rE•L wnEr xmTXwT ry fIF m� cw.'•wu '�� IP�iW Illr� FA MHSM�z 8869bDtl7 HCH8Hd81'HG �r if�y GOWP46 CW�11.SS'lEil I.a•.c� w-z�i r rF � u<.TM r•»war m xue `r1i°°o°"' rin..,rm �...... ounluc waa mora�K m xrsn a.ae miwr sEFr,regia or•rx rn aMxw�iPc u i mu. P+cm.wm ww.m aar c"�'mr vua ss ' _sc i aP.W ew w, wlgFLFSS oar. o_c.+��e ea w:ueiw r cwmxeiu.rmuert im+n wml a�p c�i .ur wa:'Atid6�w¢v .N error .Icw Salo 4ai ,m IFxi lar..na rruowwrr � wan wm�m ;E#2V6 ew.nerrm�Puaorr m.E^r�E Fax P.C.:. :r'[wr o•oorxac ort. PY-�� !• ! •smr_r m IPaFY rc.� .€,HR !' .,Z-�r I°� Illr _ -- ..� ,• ;'ax.prewra= TM iiu�orx�r a /{jjjj � Ir W* �yJ�'�Iy�� S.,R.EY:.R'S C£RiF1Cf71CR rea.s 4�Y � .. — t,'1 ,y `. �p qI TE OT�yrxo�a[wll�mai'[,TMs.E -� v! ..... • r � .5 Q' �wc p x wv,s.rtcn0v 1 ¢e Ws Ex eu nl ll IwM R R. ul�o pw6K [W#9[m acn°dE;�a 2121 R4 y`V� L 9( r ' ti+S rr yq nCA+Lf 6N GRAh11L 9CAIE ................ ."'^' 211 W !Y „ ..Yy�. 'IR" ' 4 OVERALL SITE PLAN Q SIJ VQ'" _ {Q' WE7 1 9F d Page 5 of 5 ZONING REPORT Case No. 0222-02 INFOR No. 22ZN1002 Planning Commission Hearin Date: February 9, 2022 C Owner: Curtis and Donna Titus �a o Applicant: SCI Wireless & Tillman Infrastructure u Location Address: 5007 Everhart Road a u Legal Description: Lot 10, Block 2, Gray Village #2 Subdivision, located along 0_06 o the east side of Everhart Road, north of South Padre Island Drive, and south and east of Mt Vernon Drive From: "CN-1" Neighborhood Commercial District To: "CN-1/SP" Neighborhood Commercial District with a Special Permit -Es Area: 0.4477 acres N Purpose of Request: To allow for the construction of a 130-foot monopole cell tower. Existing Zoning District Existing Future Land Use Land Use "CN-1" Neighborhood Site Commercial District Commercial Commercial "ON" Neighborhood Office Professional .o? North District Office Commercial N "CG-2" General Commercial JSouth District Commercial Commercial "CN-1" Neighborhood X East Commercial District Commercial Commercial "ON" Neighborhood Office Professional West District Office Commercial Area Development Plan: The subject property is located within the boundaries 06 u, of the Midtown Area Development Plan and is planned for a commercial use. M o The proposed rezoning to the "CN-1/SP" Neighborhood Commercial District _ a with a Special Permit is consistent with the adopted Comprehensive Plan (Plan a o CC). Q City Council District: 2 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 130 feet of street frontage along Everhart Road which is designated as a "A1" Minor o Arterial Street and approximately 150 feet of street frontage along Mount Vernon Drive which is designated as a "Local/Residential' Street. According to the = Urban Transportation Plan, "Al" Minor Arterial Streets can convey a capacity ca between 15,000 and 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street Urban Transportation Proposed Existing Traffic Plan Type Section Section Volume O Yorktown95' ROW 83' ROW Boulevard Al Minor Arterial 64' paved 63' paved N/A Mount 50' ROW 50' ROW Vernon "Local / Residential" 28' paved 30' paved N/A Drive Staff Summary: Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and consists of a two-tenant shopping center constructed in 1968. To the north and west are office buildings zoned "ON" Neighborhood Office District. To the south is a multitenant shopping center zoned "CG-2" General Commercial District. To the east across Everhart Road are retail and office uses zoned "CN-1" Neighborhood Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch ACP line located along Everhart Road. Wastewater: 8-inch VCP line located along the southern property line. Gas: 8-inch Service Line located along Everhart Road. Storm Water: 18-inch Line located along Everhart Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CN-1/SP" Neighborhood Commercial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. (Future Land Use, Zoning, and Urban Design Policy Statement 1). Unified Development Code (UDC): Wireless Telecommunication facilities are subject to regulation as follows: 0 Wireless Telecommunication facilities are regulated by UDC Section 5.5. Staff Report Page 3 • Wireless Telecommunication facilities in excess of 85' are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special Permit. • Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street. • Wireless telecommunication facilities adjacent to residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling. Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southeast (Midtown) Area Development Plan (ADP). • The proposed wireless telecommunication facility will increase data availability in an area where it is needed to prevent a degradation of services. • Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. • The proposed tower will be required to meet the requirements of Section 5.5 of the Unified Development Code (UDC). Specifically, the setbacks to residential dwellings and will be designed to withstand a windstorm of 130 mph. Planning Commission and Staff Recommendation (February 9, 2022): Approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit with the following conditions: 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "CN-1" Neighborhood Commercial District, is a wireless telecommunication facility of 130-feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. 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 building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Staff Report Page 4 Number of Notices Mailed — 13 within 200-foot notification area. 5 outside notification area As of February 4, 2022: 0 0 In Favor — 0 inside notification area — 0 outside notification area o In Opposition — 1 inside notification area Z (Attached: sTeas v. City Staff, Wireless, Titus, City) `—' — 0 outside notification area a- Totaling 7.01% 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. Proposed Site Plan C. Public Comments Received (if any) Staff Report Page 5 cw-1 w-f cw-j 7 0 I C -J f i. i U IV 1Q cry-r i F2 SUBJECT PROPER e � �V•�R Cc-z OG-2 bj? - iw. _rr.r~tl r.,,m.-2v22 e zA� I-,o�tl Br.rnva ".P.'hs da Lk—ft .-.3r Case # 0222-02 ZONING & NOTICE AREA RM-I Mumrm IM I IL Lqhl In_u.mblil RN-2 MLIUI—lY2 IX Mrey lr du.Ld. S BJFCI RN.1 'Mrm Ily i r"JC PUrnw=Ln11 3m 3-riwe P PE CIh Pre Yr rr lural 6Rkr RS-1-0 SIr511r-Frm YY 1-3 RM.Rr 4UIlf vrlly Al M,6 SIn:Irf rm Yy1 4, CR-1 4r1;hb�rh..d-n--. 854.1 51rSlW r Yy k} CN-2 h.1ghberbood Camnrelr RS.17 T-1—Ily CR-1 Pnroa 1 Cert Irl RS-li SIr9lr�rm YY IS M1Y CR-, RrrxlConn rd RC Rid-b.1 Z.Ulr Co. Grrrrr rl=anmxcYl rcRS-1X N—h— CG.1 Grnxal Ccmnx:lr .SP SpLrl F_IL CI Yri ,,..=onrrvr rt'VI We ft—khnr'r1h1r1r PAIL r— CSC a—il—=e mm xelal mm Irhruhrchntl H.— F CR-] Pmol'.Ct- 1.1 *R Ysm F—I h Xlulcrlc Crvrd�y Br' 6t rlrors RirL 4 a,..x.,rr,ti,xol.x,ee, c,:,w„ CCPC.A7fON MAP Chrmi rxnraaw,wv�mY Rnnp�crhtc 1 Staff Report Page 6 S a g � r �nG y 3 � miim� 7 � 1 � J j 4 01.r I oy � �po L^ r� a r _ r _ f'l r D s$ mI vg m � r Staff Report Page 7 Fronk; Tlm Teas To: Andrew Dimas[new91esl:Tlm Teas Sub)ect: bry Puannlrg Carmfsslon Remnlrg C73e ha M2-00 Date: Mork,]armory Al.2023 4.46.:56 W4 Attachments: ,4ffm x 9737 ML Yemen 6r.7a411.ed I Inlltled 27- 1 1MG 0619 4ANC 1M _0619 3Jrek 1M0i_0619 2-re;c 1111 SRN IN G: External e-mail. Avoid clicking on links or attachments_We will NEVER ask for a password, username, payment or to take action from an email_When in doubt please fortis ird to Securih-Alert[(�'.cctexa�.coni. I I Warning; The email has been flagged far potential inappropriate content. If you are unsure of the sender do not reply or open links. If you have any questions or concerns, please contact the Service Desk at 626-3766. Thank you. Please send nie all information of 130'RF' emitting pollution tower Case No. 0222-02. I understand this is not business as usually via email,but under ADA respectfully request accommodations to assert IN OPPOSITION, access to being heard. I ani a l00% disabled service related veteran and deaf in one ear with tinnitus in the other. I request a hearing--audio amplifier. I do not believe Legal Notice was provided,unreadable under impossibility doctrine, and conspicuous underwhehning drafting--to protect citizens, property owners?And meets due process requirements?however I submitted all required... and requested all relevant information on this case. Please let me know if you require anything further Texas Real Estate Commission: Cmnsumer Protection Information About BrakerageSeraices This email is not intended to fonrl any agreenialte Respectfully, Trrrrathy S.Teas 7e s Umnsed Re6 E!�nk Bmin widcuipumb! Broker EReCUM JUdS Do= BB,, mEA ATG Metro Properties, Inc. MAIN CORP. OFFICE: 4737 Mt Vernon or.corpus ChrM 7M11 Rio Grande Valley OFFICE:26 Cana St arx)=sviie,TX'.a52D Proud to be C2EX Gomrnitnn,�- This transmission contains confidential information belonging to the sender and is legally privileged and proprietary and subject to all the protaction alloy-hoed by law oorrtact sender. CASE NO. 0222-022 Teas Appellant State of Texas Vs Third Party Petitioner Municipal and/or Fact Finders in Court City of Corpus Christi RE: rezoning is not Variance to be used City Staff, and County of Nueces To City, Curtis Titus, owner of Subject Property, seeking to benefit via lease agreement reported to Teas by. . . ..Third Party Petitioner? Is on its face purposeless, not purpose of zoning, city quasi governmental power traded for? Less than zero. Here, Teas asserts, Adjacent Property Owners' ("Teas") IN OPPOSITION, mailed properly, and timely, and pursuant to City's rules and regulations, hereby restates IN OPPOSITION to Petition Case No. CASE NO. 0222-022, that is more likely than not to be disposed of, dismissed not to keep purposefully acting against City's own Zoning Purpose, and reasonable request City dismiss Case No. CASE NO. 0222-022—but for reals. . .not to approve via scheme. "Appellant, Teas' owner of 4737 Mt. Vernon Dr. vested in Deed under Charles B. Teas, (83 year old man) Grantor to Son, Timothy B. Teas, and Timothy Teas and for and by Charles B. Teas as City may require, I, Timothy B. Teas, restate: IN OPPOSITION variance based on future Map and not or reality aka comprehensible, `real' real zoning," and I, am not going to see something, and not say something, and I, have found in 2022 5G network whether on going pursuant to zoning, does not include variance, spot, unreasonable zoning as it relates to health and safety at least, and I, submit to City via e-mail from timteas@gmail.com to Andrew Dimas via UETAAndrewDw@cctexas.com. /s/ Timothy B. Teas Timothy B. Teas and for Charles B. Teas 4737 Mt. Vernon Drive Corpus Christi, TX 78411 timteas@gmail.com 361 739.0151 1 . In Opposition to foreseeable harm to Teas rights, Teas heath and welfare cause by actual and proximate nexus via 5G on Tower Variance Case, not a Variance. Here Subject Property is next to Teas and his Property within 200 feet, of proposed 130 foot tower. 2. Subject property that does not fit into uniqueness required to rezone, thus lessen City decreasing "policing type power" inflicting not only harm upon Teas, but City upon itself. 3. The foreseeable Harm, is foreseeable to exclude City Staff? Here, City Staff whether by Special Permit or intermediate actions is variance with substantial legal implications, such as legal waiver, by variance (or other stupid acts City takes part), Third Party Wireless is obviously out to lessen City powers, already limited, but for City Staff. City Staff is out to put Zoning as unenforceable, thus no need for City Staff relative to Zoning that is trades for no and or less than Zero Citizens (except Teas), zero consideration or less than zero, because without purposeful zoning, at some point zoning is purposeless. 4. Unwarranted enforcement is excessive as is underwhelming Notice and Staff report unenforceable, sooner or later. 5. Again, City Staff. Here, City inflicts waiver upon itself pursuant to not enforcing its own rules and regulations, and or City Quasi- Home Rule Legislation, set towards self distruction, by legal waiver, Variance is a Variance, not a listed purposeful zoning purpose describes as such In section 1: specifically heath and safety, set back, wind storm findings, et.al. is either named pursuant to City Zoning Code or it isn't. 6. Rezoning excludes this case. Disposal of this case and all like it relative to Petitioners seeking City Power, City hands over via non- disclosure and or purposeful, thus intentionally AKA (Statutory Fraud) or similar cause of action not limited to misrepresentation of FACTS and LAW to a City by Third Party backed by City Staff is unconscionable. 7. Constitutional due process and Rights as nuisance not far from reach. 8. A Variance is a Variance, regardless how it is named, outcome is "Grandfathered in" and takes affect, because of legal waiver City Staff seems to seek against Teas, Appellants;for Third Party: to usurp City's limited power by not enforcing its limited power, but waiving it? 9. Encroaching on Teas Property and or Teas'property rights is trespass. And at least, Teas appeal, as Appellant would show said rights, and Property rights to cause Purpose of Zoning, to exclude waiver via Variance —regardless of how it is framed. ...by City Staff? 10. Thus City acts to inflict harm upon itself via waiver, a substantial legal determinate regardless of how it is framed by City staff: A Variance is A Variance. But, to what end? 11. City staff can differ to Third Parties by calling 130 foot nuisance, not a foreseeable nuisance all it can get passed the City legislative body, via waiver, "grandfathering in Billboards to an excess" or "Cell Towers to an excess." Notwithstanding a billboard may fall on Teas and or his property via 130 MPH winds, whether Teas is protected by insuring Cell Tower remains constantly next to him or his property both during a hurricane and every other day, not to be confused with 130 Tower equals a 130 foot Cell tower, or a 130 MPH winds equals a billboard. 12. City Staff likely will continue to confuse Appellants, City, Citizens of the City via ambiguous Notice to cause not actual concern, but actual complacency. Zero people reported by City, despite Teas mailed his IN OPPOSITION on February lst 2022. 13. But for City's Staff sending out underwhelming Notice, or Lack of Notice Teas Appellant would not have suspected City Staff of speaking in double language, on Yellow NOTICE, that was either impossible to read parts of or find for enough issues to contact the Petitioner ("Wireless") who replied, Commencing of email from third party with a lease, prior to PUBLIC HEARING—CITY AVOIDS_ Insert A: -- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mon, Jan 31, 7:20 PM (5 days ago) o me, Ferrisco@aol.com Mr. Teas, Thank you for the email. Tillman Infrastructure and AT&T already have secured a lease on the 5007 Property. It isn't likely they would want another lease. Thank you for your inquiry. Ferris Consulting, Greg Ferris PO Box 573 Wichita, KS 67201 316-516-0808 -----Original Message----- From: Tim Teas <timteasC@gmail.com> To: FerriscoC@aol.com; Tim Teas <timteasC@gmail.com> Sent: Mon, Jan 31, 2022 12:13 pm Subject: Cell tower location Everhart and Mt. Vernon Corpus Christi, Texas 78411 Greg, Good Morning. Are you interested in a ground lease at 4737 Mt. Vernon Dr., Corpus Christi, Texas 78411? This location is next to subject property 5007 Everhart Road, according to applicants for special zoning. Let me know at your earliest convenience. 361.739.0151 or timteasPgmail.com Texas Real Estate Commission:Consumer Protection Information About BrokerageServices This email is not intended to form any agreement, Respectfully, Timothy B.Teas Texas Licensed Real Estate Broker and Corporate Broker Executive Juris Doctor BBA, MBA, ATC Metro Properties, Inc. MAIN CORP. OFFICE: 4737 Mt. Vernon Dr. Corpus Christi 78411 Rio Grande Valley OFFICE: 26 Coria St. Brownsville, TX 78520 Proud to L_ .;2EX C,...,nitment to E..__.._..__ This transmission contains confidential information belonging to the sender and is legally privileged and proprietary and subject to all the protection allowed by law contact sender. Ferris Consulting, Greg Ferris PO Box 573 Wichita, KS 67201 316-516-0808 end of email insert What? 13. But for City Staff acting so obviously after two or three readings of portions of Yellow Notice that were possible to read,Appellant could only find ambiguity, and purposeful misrepresentation of Zoning Purpose. Notice, and relative Documents received from City, shows City staff, by omitting growth under facts and circumstances related to 5007 Everhart, Subject Property, if anyone else was noticed or could notice. 14. Pursuant to City Staff acting to waive listed "set backs" "City's own rules and regulations, and Notice, who would not say something if they saw something. My covering something up defeats purpose of zoning. Defeats Notice. City acts to defeat itself until it stops. 15. Here, City Parks (e.g. Thanksgiving, Maria Lauren, etc.) under City's own zoning not. . ... in accordance with language that does not look to future to miss foreseeable advancing technology, but catch City and Citizens, and here Teas off balance purposefully, therefore not likely in accordance. . . with (its) City's own comprehensive plan, but citing the applicable Future Land Use Map? To justify third party Wireless influence, undue influence via City staff, as an excuse used in 2022 post 5G findings, notwithstanding Futures Map's overall irrelevance, it is used as double language, double talk to confuse R-1 Resential Subdivisions who, will be effected by outcome of misrepresented billboard to withstand 130 miles an hour winds, and or 130' wind resistant cell tower, but omit reasoning behind "set back", purpose of zoning to include, not exclude safety and welfare. Here, specifically Charles B. Teas and/or Timothy B. Teas (owner of 4737 Mt. Vernon Drive, City, Texas 78411 adjacent to residential an Subject Matter Property, if said property is not residential pursuant to un-filed deed, conveyed from Charles B. Teas 83 years old to his son Timothy B. Teas, who intended— upon grantor executing documents to grantee—to wait to file, but may be forced to file deed and lawsuit against City Staff, et.al. who acts to mislead, misinform Teas. 16. Precedent set under prior small city charter about 1970 era "City" powers used to "gain City Parks" from developers as a buffer from overcrowding in area built out, except for said buffer Parks. 17. Here, City prior to 2022 or about 2018 sold off buffer parks to developers, thus causing dense population consisting substantially of single family residential "zoned" housing not to be less dense, and have room to grow, but more dense when buffer "parks" sold off, "in leu. . ." of Developers violating density via parks via City's police powers it used to benefit itself and its Citizens prior to 2022, prior to 5G towers that are not billboard, and lack expectations of falling onto Teas or Teas' Property, but radiation emissions are crux of issue. Not 130 MPH windspeed to shadow or cover up reasoning for radioactive 5G and foreseeable 6G technology, that eliminates number of cell towers, in foreseeable future, if not present condition. And not to be confused with 130' foot cell tower radiation, whether it is seen to be able to say something or not will result in an outcome not likely favorable to health and welfare of a person or persons property located next to a 5G, foreseeable 6G excess RF's, not monitored by City Staff, but covered up to defeat purpose of zoning to include asubstantial set back of Cell Towers, and or 200' based on previous generation radiation output nowhere close to 5G in 2022, but relied on City Staff to provide accurate information, and at least notice to cause concern equal to threat to more than those who received, City staffers "Notice" not less than zero claimed by Department that claims to be part of legislative, quasi legislative staff, but purposefully confuses instead of informing. . . ..as it is relative a persons, children's, health and welfare, Purposeful zoning, not purposeless zoning via waiver as Variance regardless of how it is purposefully discussed by. . .City Staff? And pursuant to 5G type radiation in 2022 and foreseeable future as it relates to harm, not foreseeable map or future map described in "Notice". 18. Conclusion: City has burden to comply with its own rules and regulations, and 1 ) City Council has burden of oversight of its City Planning Commission— staffed by City Developmental Services, the sophisticated information providers—said "denial" specifically of "Wireless" Telecommunication facilities are regulated by UDC Section 5.5. (See Street R.O.W. Staff Report Page 3) However purposefully misleading, purposeful finding not in dismissing this case or disposal of what could be a problem for City and staff. 19. Notwithstanding, City Staff, "Wireless Telecommunication facilities in excess of 85' are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.E with a Special Permit", and because Subject Property fails under , "Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street", and " Wireless telecommunication facilities adjacent to (Not billboards) I.residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling,"2. Staff Recommendation: Denial of the change of zoning from the "CN-I"Neighborhood Commercial District to the "CN-I/SP"Neighborhood Commercial District with a Special Permit. 20. Yellow paper Notice lacking torn off and mailed requirement, is for an owner must establish Unnecessary Hardship (excluding Titus and Subject Property) relative to a variance, not to include Practical Difficulties, that Teas would show somebody at some point, excludes City to obtain bulk variance for said converted Parks to Residential Subdivision. Teas is only adjacent property owner to Subject Property, and according to set back finding, is better suited for consideration, not Titus at 5007 Everhart Rd. at Mt. Vernon (SPID). 21 . Whether City "jumped the gun" and/or City Staff purposefully caused AT&T and/or Wireless to contract with Titus, thus via 27. insert A Teas could show "done deal" communicated from either City and or City Staff or Again acting to violate its own by-laws to favor Wireless is unconscionable. Submitted to Andrew Dimas UETA And rewD2(c-cctexas.com from Timothy B. Teas (Charles B. Teas) Owner timteas(c_gmail.com so provide additional IN OPPOSITION To Case styled above. By: /s/Timothy B. Teas Timothy B. Teas for Charles B.Teas 4737 Mt Vernon Drive, Corpus Christi, TX 78411 timteas@gmail.com 361 .739.0151 Memorandum to City Legislative Body From: Appellate, Teas whether you believe it possible or not. Date: February 2, 2022. RE: CASE NO. 0222-022 Appellant arguments: CITY OF CORPUS CHRISTI, TEXAS (NUECES COUNTY) ("CITY") CONSPICUOUSLY LACKS PROCEDURE REQUIREMENTS IN CITY'S OWN RULES, LACKS DUE PROCESS , THEREFORE VIOLATES NOTICE REQUIREMENTS RELEVANT TO 5007 EVERHART ROAD REZONING C/N1 TO C/N1/SP, "SUBJECT PROPERTY" DEEMED BY CITY APPROVED FOR THE PETITIONERS SCC [AKA—AT&T] &TILMAN INFRASTRUCTURE, ("WIRELESS) THIRD PARTIES WITH AND BY A SECURED LEASE WITH APPLICANT APPLICANT CURTIS TITUS ("TITUS") TO EXCLUDED TEAS FROM SAME RIGHTS ON OR BEFORE JANUARY 31, 2022 NOTWITHSTANDING JANUARY 25, 2022 (TIME STAMPED) MAILING OF NOTICE BY CITY EXPRESSLY DATING ITS "CITY PLANNING COMMISSION, PUBLIC HEARING NOTICE, REZONING CASE NO. 0222-022" TO BE HELD ON FEBRUARY 9, 2022. BUT FOR CITY'S LACK OF NOTICE, IN CITY'S NOTICE OF REZONING CASE NO. 02220-02, YELLOW PAPER "NOTICE" TO NOT LIMITED TO TEAS, TEAS' FINDING CITI'S "DOUBLE LANGUAGE', BAD FAITH AS WORDING INDICATED ZONING, ITS OWN PUBLIC HEARING NOTICE THUS UPON READING, TEAS (IN COMPLIANCE WITH CITY'S OWN RULES), EMAILED PETITIONER ABOUT POTENTIAL ALTERNATIVE ADJACENT PROPERTY OWNED BY TEAS, TO BE NOTICED BY PETITIONERS ON JANUARY 31, 2022 OF A SECURED LEASE BETWEEN WIRELESS, PETITIONER AND WITH BY APPLICANT (TITUS, SUBJECT PROPERTY OWNER) IN EXCHANGE FOR CONSIDERATION, PRIOR TO SAID CITY NOTICE REPRESENTED BY CITY TO BE HELD FOR PUBLIC AND APPELLANTS HEARING ON FEBRUARY 9, 2022. TIME LINE JANUARY 25, 2022 CITY MAILED NOTICE OF HEARING FEBRUARY 9, 2022. JANUARY 30. 2022-TEAS RECEIVED YELLOW NOTICE HE FOUND SUSPECT IN DOUBLE TALK OR DOUBLE LANGUAGE. JANUARY 31, 2022-TEAS EMAILED PETITIONERS, IN COMPLIANCE WITH CITY RULES AND REGULATIONS. JANUARY 31. 2021-PETITIONERS NAMED AS SCI WIRELESS & TILLMAN INFRASTRUCTURE, NOTICE TO TEAS IN CONFLICTING WITH NOTICE AND CASE NOT DISPOSED, THUS LEASE FOR 130' CELL TOWER COMMENCED BETWEEN WIRELESS PETITIONER AND APPLICANT TITUS - PRIOR TO JANUARY 31, 2022, THUS PRIOR TO PUBLIC HEARING NOTICE STATING WEDNESDAY, FEBRUARY 9, 2022 FOR HEARING IN VIOLATION OF ITS OWN CITY PROCEDURE, CITY'S NOTICE, LACKING ITS OWN REQUIREMENTS. JANUARY 31, 20211 TEAS MAILED NOTICE PURSUANT TO HEARING VIA TORN OFF BOTTOM SECTION OF YELLOW CITY NOTICE PROPERLY FILLED OUT BY OWNER, TO CITY AS REQUIRED-IN OPPOSITION OF RE-ZONING C/N 1 TO C/ N 1/SP. FEBRUARY 2022, TEAS EMAILED CITY REQUESTING INFORMATION AND RECEIVED APPLICANTS NAME: CURTIS TITUS JUST AS PETITIONER DESCRIBED TO TEAS JANUARY 31, 2022. FEBRUARY 2022 , TEAS FOUND CITY PLANNING COMMISSION TO SEEMINGLY AND AGAIN SUSPECT IN DENIED RECOMMENDATION FOR PROJECT, BASED ON DISTANCE FROM EVERHART AND SPID RELAVANT AND DISREGARDED IRRELEVANT (E.G. YORKTOWN ROAD, ETC. FEBRUARY 2022, TEAS AGAIN EMAILS CITY: FOR CITY'S LIKELY APPROVAL , CIRCUMVENTING CITY ' S OBLIGATIONS , DUTIES OWED TO TEAS AND ALL POTENTIAL APPELLANTS WHETHER APPROVAL CALLED A DENIAL IS QUASI-LEGISLATIVE/ HOME RULE INTENT OR NOT IN LIKELY CITY'S PREMATURE FINDING FOR REZONING A HAZARDOUS 130 FT. TOWER NEXT TO TEAS PROPERTY IN VIOLATION OF CITY'S OWN RULES AND REGULATIONS TO BE INCONSISTANT WITH ITS OWN COMPHRENSIVE PLAN,AND OR ITS BLUE PRINT. HERE, SPECIAL PERMITS APPROVED IS A SIGNIFICANT LEGAL OUTCOME NOT LIMITED TO CITY VARIANCE AGAINST ITS SELF, ITS CITIZENS, AND TEAS. OR A LEGAL WAIVER AGAINST ITSELF, CITIZENS, TEAS SPECIFICALLY. ADDITIONAL FACTS AS ADJACENT PROPERTY OWNER, AND UPON TEAS (CHARLES B. TEAS & [TIMOTHY B. TEAS], OWNER) NO. 3 291200020110 RECEIVING CITY NOTICE WHETHER IT LACKED NOTICE REQUIREMENT (DUE PROCESS) ON OR ABOUT JANUARY 30, 20229 Tillman Infrastructure and AT&T AKA PETITIONERS NAMED SCI WIRELESS AND TILLMAN INFRASTRUCTURE ON CITY NOTICE, FOR FEBRUARY 9, 2022 PUBLIC HEARING, Notwithstanding Petitioners and Applicants Curtis Titus already secured a lease on the 5007 Property based on suspected City Notice, Review, and Findings to be a disposal of rezoning case, but likely unconscionable act City uses to circumvent its own process, Notice, Hardship necessity for Teas or for Titus. Petitioner, " It isn't likely they would want another lease. Thank you for your inquiry." Ferris Consulting, Greg Ferris Re: Case described address: PO Box 573Wichita, KS 67201. Kansas supersedes Texas? And Mr. Ferris Contact No. 316-516-0808.... PROR TO JANUARY 31, 2021 (SEE WAIVER, THUS ESSENTIALLY AN UNDISCLOSED VARIANCE (STATUTORY FRAUD), OF FACTS, LAW, PROCEDURE CAUSING COMPENSATION "MONETARY CONSIDERATION" BY AND FOR HAZARDOUS RADIATION, HERE TO BENEFIT KANSAS PETITIONER, AND UNJUSTLY BENEFIT TITUS OWNER, IN "DONE DEAL" THUS, CITY LIKELY IS CAUSE OF RADIO ACTIVE RF, EMF, AND HAZARDOUS EMISSIONS UPON ACTIVATING DESCRIBED 130 FT. TOWER. CITY facilitated KANSAS WIRELESS AND NEIGBOR TITUS, Not by acting reasonably, but unreasonably City lacking due process, and location Subject Matter is likely against Teas' rights, and a done deal pursuant to Petitioner's writing —to exclude Teas' rights and Property Rights, et.al. , under a "secured lease". (Greg Ferris for Wireless Petitioner and Against Teas et.al.) (See Insert A) Teas, would show City lacking in Notice was intentionally unconscionable act by City to deny Teas due process rights, cause cell tower to benefits neighbor Titus, and deny him building value, but within hazardous 5G ..foreseeable future 6G, not technology lacking pursuant to The Planning Commission usually limited to only approving zoning applicants, but together with City Council and City Development Services prejudice this case. . . . But for this subsequent Appellant's opposition by City under lack of standing, not withstand City's causing Titus and Wireless in reliance to form a premature lease agreement. Not under City obligations to protect Teas or City's own Citizens Rights specifically Teas' property not only adjacent to Titus property on 5007 Everhart Road, but a "buffer" that is mutually exclusive from safety and health, Fire Code, and all prohibited acts to favor wireless (Kansas) and Subject property found to be too close to traffic, Teas property is higher and better according to City's own findings. Here, the City previously acted against itself, citizens, relative to new subdivision "in leu" of ongoing comprehensive Zoning plan on or about 1971 in exchange for City Parks. In, and or about 2018-2022, City in selling off what is essentially the developers land, except for City police powers "in leu said 1960-70's development of subdivisions, thus if technology cannot keep up for those said subdivisions on towers already in service, why would Teas' Property whether deemed commercial or in fact residential conveyance prior to any notice pursuant to relying on City to protect Teas' on Teas property aka Commercial/Neighborhood C/N referred to as only Commercial by sophisticated, unconscionable City Planning and Zoning, Board of Adjustment with Council or without, collectively the City (failing to name Neighborhood designation in C/N review), proximately already afforded via obvious higher technology not considered in first generation, second generation, but uses FCC third generation (3G), thus mile radius cell pole, tower, is foreseeable 4G, and 5G unaccounted for in review by City specifically its own Development Services Department —elected city council and voluntary (small town) planning and zoning is not as sophisticated as unelected staff lacking accountability, but through City oversight, which is a viable another City option prior to finding, prior to lease notice to Teas', prior to February 9, 2021 hearing, and/or pursuant to Cell Tower outcome. Proximately and Actually harming Teas, Teas Rights, Teas Property Rights 4737 Mt. Vernon Dr. Corpus Christi Texas, 78411. Thus, sequential notice from Teas to City, again IN OPPOSITION by email from timteas@gmail.com to andrewD2@CCTexas.com respectively Teas, Owner at 4737 Mt. Vernon Dr., City, Texas 78411 and as described herewithin. But for Teas' mailing pursuant to Notice and City not acknowledging it as of this writing dated and signed below, City's requirements suspect to acts not to mitigate Teas damages, but in furtherance of cell tower installation and Safety, Health, Fire, Wind, issues that weigh more heavily on Teas' rights, regardless of City likely using its "quasi judicial" or substantial variance, waiver of law by continuing to act Against City, City's Rules and Regulations, Citizens, and Children prohibited from being additionally exposed to known high RF and EMF, cell towers existing, not to mitigate but to add additional cell tower lacks rationale, reasonableness, in 2022 pursuant to current FCC, WHO, and Texas findings relative to 5G and its radiation towers called cell towers and reviewed based on outdated guidelines, and facia value of 130' eye soar, by City. Rules: CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0222-02 thus lack of City process is lack of due process, and/or lack of said process City lacks in complying with its own rules and regulations, City Developmental Services' staff oversight acting to circumvent due process, under shadow of violating Teas constitutional rights. Regardless, of planning and zoning committee whether volunteers and and City Council elected unsophisticated, or turns away form compliance, or relies on sophisticated Development Services Department for judicial type legal finding likely "police powers" it waives, as opposed to holding on to little power left to protect City, Citizens, Teas, Children in radiation zone found for Kansas Developers, third party petitioners, with consideration via lease agreement with actual owners, Titus, to exclude Teas. Why? Here, it likely seeks to eliminate as opposed to facilitate City Public Hearing Process, thus to favor furtherance of Cell Tower, Third Parties, and only Citizen benefiting is Titus, Teas neighbor. City cannot pick and chose which rules and regulations apply: • Staff Recommendation: Denial of the change of zoning from the "CN-F Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. • What does that mean? Outcome via temporary zoning causes actual and proximate harm to Teas'. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Midtown Area Development Plan and is planned for commercial uses. Not true. The proposed rezoning to the "CN-1/SP" Neighborhood Commercial District with a Special Permit is consistent not true it is inconsistent with accordance with ongoing case `future"precedent to undermine City by its own misrepresentation of future growth as opposed to future technology (e.g. 2G, 3G, 4G,.... 5G, future is foreseeable 6G etc.) , not future according to City, or City's t h e " adopted Comprehensive Plan (Plan CC)". The following p o l i c i e s should be considered: Not true • E] Encourage orderly growth of new residential, mutually excludes Parks converted pursuant to residential new construction by City, not true. Here City, in acting to sell City Parks, in otherwise established 1960-1970 R-1, or CIN, not either "commercial, and industrial areas" presented by City staff, regardless comprehensive plan is ongoing blue print, and it is not unreasonable, inconsistent R Residential pursuant to sale of City Parks. Thus limited growth, not to be framed as " (Future Land Use, Zoning, and Urban Design Policy Statement I)", • City Notice likely in lack of oversight of staff, or by turning a blind eye to known Subject Property, Known Teas' Property, thus relative to CIN zoning Notice, of the Subject Property, and/or Teas' property next door as adjacent residential for Teas, not to be deemed commercial by staff, Teas Property even if CIN pursuant to Deed Records, only acts at most as "approved" buffer between substantially [mis]represented residential and or State intent in Zoning, to exclude staff presentation from calling Teas Residential, and at most CIN—to be called, "Commercial". • E] Promote a balanced mix of land uses to accommodate continuous growth. . .Not true, because Teas' 4737 Mt. Vernon and/or neighbors 5007 Everhart Rd, Subject Property per City Notice, is not in growth, but established non-growth location relative to 130 ft. Kansas third party cell tower, does not... "promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Framed correctly as ongoing residential and C/N use that cannot be further developed. If it could be relative to Cell Tower at 5007 Everhart Rd, (at SPID) comprehensive plan is not. . ..what City staff says, "(Future Land Use, Zoning, and Urban Design Policy Statement lyl • Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. (Future Land Use, Zoning, and Urban Design Policy Statement 1). Still not comprehensive plan established in 1960-1970 full residential subdivision, as of 2022. Here, because of City Parks with Residential Subdivision to exclude Teas Property and or its subdivision per city Notice: Gray Village #2, not in omitting truth, e.g. "Thanksgiving Subdivision is Residential just prior to 2022, as is Maria Lauren Subdivision is not Teas' subdivision responsible for City acting based on its own requirement in 1970, "in leu" of City gaining Parks thus City developers et.al. And residential and C/N, and all subdivisions proximate to 130' cell tower or radiation pole is full. No growth possible, after City— in reversing in leu condition for City acquisition of developers parks prior to 2022, as opposed to established and ongoing use relative to cell tower at Mt. Vernon Dr. 78411. But for City in 1960-1970 developments, requiring developers "in leu" of Parks, Teas could not easily show residential zoning intended, to exclude Commercial, but include only C/N. Thus Teas Property is C/N, based on "in accordance language. ..." not future unviable language called double language aka double talk by City staff—established said residential with a couple of C/ N's, Teas property even if Residential, at most is C/N pursuant to Deed filings. • Regardless omitting real facts and law known to be. ..not future expectations that even lack but "in accordance with comprehensive plan, to exclude framed future growth. • But for . ...In accordance law, developers lacking "in leu" of consideration of City Park, would have violated the established Comprehensive plan. • Therefore, full residential and C/N subdivisions are not going to outpace technology as staff implies, because it is established by Comprehensive plan, but under future plan 1970's or subsequent fulfilled . ...In accordance Legal is not Future Growth. • Unified Development Code (UDC): Wireless Telecommunication facilities are subject to regulation as follows: Wireless Telecommunication facilities are regulated by UDC Section 5.5. Street R.O.W. Staff Report Page 3 • E] Wireless Telecommunication facilities in excess of 85' are permitted in nonresidential zoning districts as indicated in UDC Table 5.5.4.F. with a Special Permit. Here, only Teas' Property under CN complies with UDC. Thus, excludes Subject Property pursuant to Staff Report, thus acts to violate City's ....In accordance meaning, by subverting unforeseeable growth in fulfillment of its own and known comprehensive plan dating back to 1960, 1970's, and if services is needed in 2022, regardless of described, technology expands faster than areas proximate to Subject Property , therefore City's ongoing plan relative Comprehensive Plan is not to include, but exclude areas relative to 5G type hazard in City violating its own code to its own demise in 2022 Staff Plan. • It is staff plans intent to include, despite legal outcome is to obviously exclude Titus, at CN. • E] Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street. If this is true, then Titus and his Property "Subject Property" is intended to be excluded. Not premised on Growth, and legal waiver of City's last powers, to erode them further. Thus inconstancy is not consistant, nor can words be used to cause (statutory fraud) as it relates to real estate, using loophole in calling intermediate and/or Special Permit anything more than Special Use, and resulting in permanent cell tower, without staff review its excessive emissions, because the pole proximity is already excessive radiation to at least those areas said to be lacking service.... • E] Wireless telecommunication facilities adjacent to residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling. • If, true City Staff eliminates Subject Property, further proves Teas' Property at C/N is better and higher use than C/N of subject property deemed to be one and a half times the high of— — Residential, not Commercial. • Department Comments: • E] The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southeast (Midtown) Area Development Plan (ADP).Here, City Staff represents either by adopted plan based on CC, not subject property and/or misrepresented relationship of radiation pole next to Teas' property C/N, Residential, described by City in previous misrepresentation. • E] The proposed wireless telecommunication facility will increase data availability in an area where it is needed to prevent a degradation of services. It is Untrue, it is NOT needed 2G, 3G, 4G, SG.... in established neighborhood relative to comprehensive plan zoning rational not to prevent existing poles and cell towers from degradradation, on it face. Because, said utility type radiation emitting cell towers or not monitored by staff are existing and upgraded by Cell or Wireless third Parties, thus over reach in justification that again fails on its face, lacks any merit.....used to justify Kansas wireless and Titus Subject Property not maintained or in scope of City to upgrade existing technology, thus excludes Teas' neighbors 5007 Everhart Road, it known consideration via lease agreement— entered into "in leu of $0? • Not Parks, already in lue used by Staff, in reversing use from Park to Residential neighborhoods, thus in leu of bribe or unrelated harm is not consideration, monetary consideration, or subject matter consideration, relative to a new pole via city staff acting in leu of unknown "consideration " as it is only relative to consideration between parties Titus and Wireless, in exchange for value, to exclude Teas, and City if acting properly with zoning powers. • Simple language: Rights, Property Rights, using city infrastructure whether by special provision as an amendment is essentially City using its (police power) against Teas in leu of some deal only between Kansas Wireless, Petitioner and Titus, Owner and lease consummated based on City acting so urgently for ......" no consideration, no pole or 5G type maintenance.... to unjustly unknown benefit via variance and or legal waiver of city rights that are being degraded by City staff. • E] Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. What area relative to Subject Property is underserved? If radiation is increasing to out pace potential City growth cited omitting legal....language to cause harm to Teas, City by waiver of legal authority by precedent, thus erosion inflicted by City on itself. • E] The proposed tower does not meet the minimum required setback to a residential dwelling as per Section 5.5.3.E.3. of the UDC. Here, If 5007 Everhart Road, Subject Property violates Section 5.5.3.E.3. of the UDC, per staffs own report how can violation or prohibited non coming use be justified to the point a lease agreement exist already, prior to public hearing, Appellate Harm, not provided a legal remedy pursuant to City finding Against Teas, and hiding behind "growth, when non growth, or growth cannot outpace growing technology (e.g. 5G). Therefore, adding a new pole for additional foreseeable excessive and unmitigated and ongoing RF's, not noticed except by those in "Silicone Valley" who demanded City not put 5G next to them in their own neighborhoods. Similarly Kansas, SCI, AT&T and or Tillman is a third party provider that maintains poles, notwithstanding City Staff expressly stating "degradation issue" is on its face a non-issue. Here third Parties benefits and deals based on City staffs "bad faith" act to restrict cell tower 130' tall for some reason....oh Section Section 5.5.3.E.3. of the UDC. • E] However, the proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC. However, the proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC. The above City staff recommendation is a perfect example of dual language, double language, double talk. . .. . . Despite Subject Property harming Teas and others, it is restricted based on setback, because notwithstanding a hurricane and Fire Code Violation, in firefighters suffering injury are harm dealing with a downed radiation tower prosed, calling it to be viable "However, the proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC. Nice, but what about all times not downed by hurricane winds However, the proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC? Follow the lease agreement, Staff unreasonable acts in bad faith to cause Teas harm, to undermine City by waiver of its power (precedent—set by unknowing Residents, or Anyone, except for missing IN OPPOSITION TEAS mailed in properly leaving Teas, Property owner only with -3/ of yellow City Notice, double language, to be filed of recored, but conspicuously not 3 or less days prior to being "turned down by Hearing, in leu of Third Party Benefits claimed to be City responsibility, framed on Growing not established Subject Property proximate cell tower location, not as despised by thin viewing, or open pursuant to a non applicable, but if applicable during a hurricane pursuant to staff finding a positive attribute to benefit City Staff, not City or Citizens, or Fire Department, nor Teas—Who has notice that consideration is and has been exchanged under a lease agreement, to harm City via waiver of powers, to harm Teas, the only relevant Property Owner within 200' of 130' radiation emitting Cell Tower, not under reasonable set back standard (because of the very Heath and Safety, Staff ignores to further say, but for radiation of Teas, set back is to distance foreseeable harm pursuant to Section 5.5.3.E.5. of the UDC, • "proposed tower will be designed to withstand a wind speed of at least 130 mph and therefore qualify for a variance according to Section 5.5.3.E.5. of the UDC" • Notwithstanding, "The proposed tower does not meet the minimum required setback to a residential dwelling as per Section 5.5.3.E.3. of the UDC." • Set back implies foreseeable radiation, not temporary downed pole during a hurricane—that is likely also to be avoided, thus not a positive however it may be spun. • Staff Recommendation: Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Simply, Stated Staff recommends Subject Property, although reasonably denied to be found against Teas, City, et.al. under some misrepresentation scheme benefitting City Staff. PLANNING COMMISSION REPORT INFOR No. 22ZN 1002 Case No. 0222-02 Planning Commission Hearing Date: February 9, 2022 Owner: Curtis and Donna Titus Applicant: SCI Wireless & Tillman Infrastructure Location Address: 5007 Everhart Road Legal Description: Lot 10, Block 2, Gray Village #2 Subdivision, located along the east side of Everhart Road, north of South Padre Island Drive, and south and east of Mt Vernon Drive From: "CN-1" Neighborhood Commercial District To: "CN-1/SP" Neighborhood Commercial District with a Special Permit Area: 0.4477 acres Purpose of Request: Simply, "To allow for the construction of a 130 foot monopole cell tower" prohibited by City pursuant to City's own rules. City cannot exceed authority of UDC. Texas under small town set up, FCC finding in 2022 against Cell Tower 5G radiation exponitionally high, but disregard in set back under UDC, in best interest of third party "Wireless" petitioner with expectations that "it is a done deal" otherwise Titus and Wireless (5G cell radiation non-disclosure is a City Violation) under "The proposed tower does not meet the minimum required setback to a residential dwelling as per Section 5.5.3.E.3. of the UDC." City Staff 2022 own findings favoring third party and third party Wireless petition (See insert A) for consideration to unjustly enrich Titus which Teas Harm clearly his property is within setback limits to cause harm— as opposed to Purpose Zoning Statement. For whom? Transportation and Circulation: The subject property has approximately 130 feet of street frontage along Everhart Road which is designated as a "Al" Minor Arterial Street and approximately 150 feet of street frontage along Mount Vernon Drive which is designated as a "Local/Residential" Street. According to the Urban Transportation Plan, "Al" Minor Arterial Streets can convey a capacity between 15,000 and 24,000 Average Daily Trips (ADT). Again City staff manipulates information . Transportation ADP, Map & Violations Existing Zoning and Land Uses Zoning Request Applicant & Legal Description Street Yorktown Boulevard Staff Summary: Urban Transportation Plan Type "Al" Minor Arterial Proposed Section 95' ROW 64' paved Existing Section 83' ROW 63' paved Staff Report Page 2 Traffic Volume N/A N/A Mount "Local / Residential" 50' ROW 50' ROW Vernon Drive 28' paved 30' paved Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and consists of a two-tenant shopping center constructed in 1968. Therefore it is not Commercial as stated previously, To the north and west are office buildings zoned "ON" Neighborhood Office District Therefore, not Commercial and or industrial. "To the south is a multitenant shopping center zoned "CG-2" General Commercial District. To the east across Everhart Road are retail and office uses zoned "CN-1" Neighborhood Commercial District. And under at least UDC set back indicates RF emissions, whether intentionally acted upon to not disclose (Tex. Prop. Code 5.0008, UDC, Notice and consistant and legal significant abuse of City posers, application process, notice process, despite it is untrue to base on future growth, in an area that is not able to grow, but for a few city parks being rezoned in the past and prior to 2022, thus not future growth area framed by City staff. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). • Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street. • UNC and AICUZ state: "Wireless telecommunication facilities shall be set back a minimum of one and a half times the height of the tower from the public right-of- way of all federal and state highways and any arterial street" • Not windstorm type code pursuant to a cell tower during a hurricane event, still harmful. . ...maybe more harmful if falls on Teas or his property? • E] Wireless telecommunication facilities adjacent to residential dwellings shall be a minimum of one and a half times the height of the tower from any residential dwelling. • Simply stated, the subject property under reasonable standards violates rational decision making. But in furtherance of irrational cell tower, with substantial Radio Frequency (RF's) prohibited by City, City's own rules, UNC, AICUZ, Statute of Texas, FCC in 2022 because a new cell tower is not justified based on excessive radiation already at the Subject Property, not monitored or reviewed on towers already increasing RF's via 5G radiation that causes City to find for RF, EMF, 5G known emission to be mitigated on surrounding poles existing, not to undermine "set back" expressed by City Staff, City by City Staff, or Teas by City Staff, thus new cell tower proposed at 5007 Everhart Road in 2022 is preposterous act to benefit only: wireless and Titus exchanging consideration for use of Subject Property (insert A), and unknown City Staff benefit. • City Staff is undermining City, using double language City's own rules against itself here in proposed Cell tower. • Department Comments: • E] The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southeast (Midtown) Area Development Plan (ADP). Irrelevant. • E] The proposed wireless telecommunication facility will increase data availability in an area where it is needed to prevent a degradation of services. Irrelevant based on UNC, et.al. set back provisions in area land locked, thus not growing and certainly not growing faster than harm of 2022 5G emission that would cause reasonable City staff to actually dismiss zoning case, not facilitate under some ulterior motive of City Staff. • E] Construction of the wireless telecommunication facility will increase coverage in areas that are currently underserved. Subject property cannot be underserved, next door to Teas' property that is under 2022 5G findings excessive based on existing and unmonitored poles City staff is likely too busy trying to push through the Case and other Meritless Cases on their face, not to be aware of actual and proximate RF's already at Subject Property, thus as technology increases existing poles more than sufficient, but more likely than not need to be lessened, because 3G is not 5G. Research reasoning behind set back under 2022 standards, not on past pursuant to zoning applied to. . ...in accordance with comprehensive plan as it relates to Subject Property at EVERHART ROAD AND SPID, and technology increasing to excess prior to City Staff communicated (against its own bylaws with Wireless, otherwise Wireless would not be bound by lease agreement prior to Hearing with Titus, Teas' neighbor. City's Report to the City is neither based in Fact or Law required of City by the City. Here, to justify what is more like "taking" not only in Subject Property at 5007 Everhart Road, in Gray Village Subdivision, based on monetary comphensation, but Teas neighbor within 200 Ft of 130 foot, unneeded additional Cell Tower. And whether City Staff calls significant legal zoning precedent...a special permit or intermediate plan City staff is facilitating only Staff, third party Wireless not located proximately to the proposed Tower of RF's EMF's, unlike Titus, however 1) lease agreements between Titus and Wireless provided to Teas by Petitioner premised on City Staff double language and prior to January 31, 2021 when Teas received Notice of compensation between Titus and Wireless, by Wireless petitioner, 2) not only to exclude Teas Rights and Adjacent Property Rights, but expose Teas and Teas' property to stimintation of RF's sooner or later admitted to be excessive already at Subject Property, thus Teas' not requiring pole per City Staff with some interest not disclosed, 3) Again agreements between Wireless and Titus excluded Teas from exposure hazard even if only 200 feet in 2022, because Teas Property is within 200' of 130' proposed cell pole, notwithstanding radiation grows exponentially with Technology to be mitigated by City Staff who spends time in schemes to further private and third party interest that is contrary to Purpose of Rezoning stated Safety Welfare outweighs private deals between Petitioner, and Applicant as it is intended to protect Teas from RF's already known to be excessive on poles the City Staff claims to have some interest in. Here, no interest by Third Party especially those not affected by RF's on proposed cell tower AKA Radiation, leaving consideration only for Titus, applicant disclosed and undisclosed benefit to harm Teas Rights, Teas' Property, undermine City via City Staff causing temporary to be essentially unconscionable act in forming legal waiver to benefit City Staffer? Teas lacks consideration, Wireless does not suffer from its own proposed Cell Tower 130' nor does anyone else in meritless claims by city staff. Legal Notice of Public Hearing 2) Excluding Teas, as he is harmed by neighbor Titus and Wireless' 130' pole radiation 3) omitting set back findings thus omitting radiation sickness et.al. that harms those not lacking current service at subject location, nor under City Staff presentation to City considers set back in UNC or Any Acronym in 2022 not limited to the FCC, WHO, State finding 5G for instance is exponentially more dangerous to those proximate to pole than 4G was, and 3G was before that thus guidelines misleading based on RF commission's in past. City Staff not only withholds relevant information in 2022 pursuant to 5G causing excess in Growing Area, but Area is landlocked and cannot grow faster than 6G. And stating the opposite, City staff is saying, "Growth in Subject Property location despite already not conforming to City Code, UNC, et.al. described pursuant to 2022 5G requiring mitigation of those towers that surround Subject Property, omitting that City staff is negligent in obviously not finding excessive RF's emitted to exceed service of those proximate to tower, thus is not monitoring excess, and therefore not mitigating in compliance with Zoning Purpose favoring health and welfare of Teas and those already exposed, because of said lack of monitoring of Towers existing, 5G mounted on Buildings, et.al. resulting in excessive, un monitored health and welfare issue City Staff not only ignores pursuant to its own report favor subject property in 2022, but at the same time does not monitor to mitigate, but spends City Staff time on influencing wireless third party placing unneeded, pole that is a noice, thus nuisance that would not only violate Teas rights, but cause constitutional question neither City nor Courts want to interfere with, thus dispose of such cases that might lead to said rights. City Staff acts not under City Rules and Regulations, but despite them which undermines City, and harms Teas compensating only Titus based on 5G and future of 6G etc. that far outweighs Titus rights to a cell tower for additional income, not uniquely affording service to those who have excessive service, via excessive health and safety concerns, from 5G not fully understood but causing set backs from said RF emission towers. City Staff, whether via conta-defining e.g. a "non change" to mean "a change by amendment", is as degrading to City Code, City Power in zoning it allows to be taken by Wireless, petitioner here from City via waiver (Special Permit or Variance called an Intermediate Zoning Classification) is degrading of said City limited and lessening power, petitioned for Wireless' here by 130' tall cell tower increase both Wireless Third Parties Power Now, and precedent set later via legal waiver. City staff is not mitigating Teas Health and Welfare, but in furtherance of facilitating Wireless only causes harm to City's limited zoning power, and Teas. Thus legal waiver (via variance called Special Permit) is the very waiver to decrease City's own power, by not following its own rule. Alternative said City decrease of its own police type power used against itself—via waiver increases Third Party Influence while Third Party, Wireless Petitions for Special Permit, sets up City via precedent in waiving its own power, by what includes "set back" and "radiation emissions" or rules existing waived in favor of Third Party "Wireless" relative to this case.And precedent Set for other Third Party Wireless class vendors to increase Cell Towers in number and increase a Third Party Cell Tower technology via 5G on existing Cell Towers to exceed reasonableness. UP ZONING or SPOT ZONING is neither favorable to City or City's residence or Teas Property value, or Teas Health and Well Being. Increasing Radiation both by tower already in service via 5G, and in obtaining new towers via variance does not equal two, Third Party Positives thus is more than Excessive legal and technology expectations, City either facilitates against its self via waiver by variation, that is not intended in this case, but will be the outcome based on City Staff finding Against Appellant Teas, a Citizen of City, as opposed to Citizen of City in California who IN OPPOSITION cause 5G technology to be avoided by rezoning schemes. Here, City Staff causing City's degrading (decreasing) "police type power" is controlled limited power left controlled by City, Notwithstanding, City staff is controlled by City, thus it comes back to City acting to waive its own limited power via variance, regardless of what its is called, or misrepresented to City via City Staff a power is decreasing to favor Third Party Wireless whether in not monitoring its actual and proximate 5G type technology already zoned, or spending time confusing those that would otherwise say something if they saw something. Whether RF's can be seen is irrelevant if they can be heard. Because a Nuisance is clearly defined by City Code as it relates to either hearing or seeing illegal fireworks, waived due to lack of enforcement or RF emissions pursuant to foreseeable 4G, 5G, thus 6G. If Radiation causes a nuisance later defined by City, all the unwarranted Cell Towers are "grandfathered in." Whether Third Party here, Wireless, Petitioners Control more of City via influence provided by City Staff is not the crux of the issue but outcome of allowing legal type waiver via variance as it relates to technology that outpaces City population growth. Here, City staff is essential creating a variance, thus legal waiver City has to deal with in foreseeable future. City can waive its police and its legal powers. "Variance" precedent established is limited, thus to what end will City stop transfer of its own power? Zoning Case #0222-02 SCI Wireless and Tillman Infrastructure Rezoning for a Property at 5007 Everhart Road From "CN-1" To "CN-1/SP" N a V SUBJEC7 4l PROPC�1�4Sf flp11�p�� 4 ® City Council March 29,2022 Zoning Pattern and Adjacent Development Currently Zoned: �9 "CN-1" Neighborhood Commercial IOU District OO�`'Jp Proposed Use: �Ig770 (� 130-foot Telecommunication Tower 0 2, g66 � Surrounding Uses: North: Office Buildings " South: Shopping Center 080 East: Office Buildings West: Office Buildings 086 1 Public Notification N-1 13 Notices mailed inside 200' buffer ,t `N-' 5 Notices mailed outside 200' buffer o�� ` -' Notification Area ON c -r �W Opposed: 1 (7.01%) °NX "e Separate Opposed Owners. 1 „ a= SUBJECT 0C PROPERTY r In Favor: 0 (0.00%) Co- Sp� Notified property owner's land in square Ghon ___ N feet/Total square footage of all property in 11+ the notification area = Percentage of public opposition 3 Staff Analysis and Recommendation Ce00 40owair muag b@ Hoc abd I.&the Wghg The proposed rezoning is consistent Rgsldence 130°4oWslr=leg°as&MCa with the adopted Comprehensive Plan Pinp@asd as&&*0 IN' (Plan CC) and the Southeast (Midtown) Ern � - Ern Area Development Plan (ADP). L, The proposed wireless telecommunication facility will increase oN data availability in an area where it is aoI I TI A� needed to prevent a degradation of services. Construction of the wireless o telecommunication facility will increase o° coverage in areas that are currently underserved. E 1 The proposed tower will be required to E 9[0FFx FC iwF'."I. L... meet the requirements of Section 5.5 of T the Unified Development Code (UDC). N�E PK-ED° ; Em�EUE Q7° Specifically, the setbacks to residential dwellings and will be designed to withstand a windstorm of 130 mph. • Planning Commission and Staff Recommendation: Approval Special Permit Conditions 1. Use: The only use permitted under this Special Permit, other than those permitted by right in the "IL" Light Industrial District, is a wireless telecommunication facility of 130- feet in height and shall be designed to withstand a sustained wind speed of 130 mph. 2. Access: Access and placement shall be as per the site plan setback. 3. Telecommunications Tower Standards: The wireless communication tower is subject to all requirements of Section 5.5 of the Unified Development Code (UDC). These standards pertain to setbacks, screening, landscaping, and lighting. 4. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 5. 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 building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Coverage Map Current Coverage Projected Coverage ti an nos_ ■■■ , BE - m� no 06 ■ 1 ■ ■Y I PSRP(dBmi OPT r ■,. • M RSRP L-1e Dl)IdBnI—40 _ -98—RSRP L"ll(DL)(0.)<-90 ■ �.-103<=RSRP Lmel IDL(tlBm)<-98 -t 08< RSRP Lm:I 11,(dBm)<103 -113<_RSRP Level pL(dBm)<-103 G ; ■ �„ , ■ � �-116<: LCveI IDL(tlBm)<.113 �■ ■ � -,18—=level PLI(d8m)<-116 ■ �-126<-R5RP Level L d8m<•116 Without Tower r r - J m RSRP MBrN-OPT �^ RSRP Level(DQ(dBm)>=-90 �'r a i -98<=RSRP Level(DLJ(dBm)<-9p ,,# I -103<=RSRP Level BDL)(dBm)<-98 -108<=RSRP Level IDU(dBm)<-103 N -113<=RSRP Level IDLI(dBmJ<-108 1, -116—RSRP Level IDU(dBmJ<-113 �, 1 -I 18<=RSRP Level IDU(dBmJ<-116 -126<=RSRP Level IDL)(dBm)1-118 7 a , +i #4a � �- i� Nh1 ne � , N=1 40CN-1 R Sr 6 C N- 1 r y, A CN-IL1 o F' m., CN- 1 CN,-1 RS-6 N-1 SUBJECT �RhON SS' PROPERTY �R y _, cc ,2 RFS ,► Nik , CG- �..4IPA Dat t�d:1/24/2022 0 25 - / 500 , E OF Prepared By:ReyR Feet _ 3 fi Department ofDeve/opmenfServices Case # 0222-02 5� Aerial with Subject Property �o. a �sy3sB/ SUBJECT JSubject PROPERTY Property a� 2jF�a p90 H N Map Scale: 1:1,600 ws :....� S �� ?* City of Corpus F LOCATION MAP Q Christi so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 29, 2022 DATE: March 3, 2022 TO: Peter Zanoni, City Manager FROM: Iain Vasey, CCREDC IVasey(a-)-ccredc.com (361) 826-1677 Andrea Gardner, Assistant City Manager and reaga(a-)cctexas.com (361) 826-3506 Disannexation and Amendment Industrial District #2 Boundaries CAPTION: Ordinance disannexing a 75.58-acre tract from a 114.8-acre continuous parcel of land currently divided by the City limit boundary; amending the boundaries of Industrial District No. 2 to include the disannexed area; and approving Industrial District Agreement No. 110B with Bootstrap Energy LLC, requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. SUMMARY: This ordinance authorizes the disannexation of a 75.58-acre tax tract of a 114.8-acre continuous parcel of land that became divided by the City limit boundary and amending the boundaries of the Industrial District #2 to incorporate the balance of the landowner's acreage. BACKGROUND AND FINDINGS: The project proposed by Bootstrap Energy LLC is planned as a two-phase project that consists of the total 114.205 acres (as surveyed). Phase One consists of 33.5 acres and is currently located in Industrial District No. 2. Bootstrap Energy LLC will construct a 300 MW substation on a portion of the 33.5 acres in which Compute North will build, own, and operate approximately 150 containers (similar in appearance to shipping containers with major venting and fans for cooling) that utilize 2 MW of electric power per container. Compute North is the anchor for Phase One and will own the containers and rack space that will house computers owned by its cryptocurrency mining clients. Compute North is a leading and well capitalized operator in the industry, based in Minneapolis. Phase One is planned to be in service by November 2022. Phase 2 of the project will consist of the remaining acreage and is located contiguous to Phase One. The Phase Two property is currently located inside the city limits and outside Industrial District No. 2. Bootstrap Energy LLC will construct a 250-300 MW power substation on the acreage and has plans to either lease or sell the Phase Two property to a colocation company that will own containers with rack space to house computers owned by various cryptocurrency mining clients. Phase Two is expected to be in service by the end of December 2022. Since electricity is vital to the development, Bootstrap has secured from AEP the necessary Mega Watts of electricity (600MW) to allow for the planned economic development activity. Initially, the development will receive power through a temporary source provided by LCRA. The temporary power source will be replaced in 2024 by AEP's future planned substation. The project will participate in ERCOT curtailment programs in event of power emergency and should not impact grid operation in times of power emergency. No wind turbines will be allowed on the property. Bootstrap Energy, LLC is requesting the City to find the use of the property located in Industrial District No. 2 meets the criteria for industrial development and execute an Industrial District Agreement. Because the property is located in territory not currently within an Industrial District, the City may decide to annex the property into the boundaries of the City or execute a Industrial District Agreement with Bootstrap Energy, LLC. The second part of the Bootstrap Energy, LLC request is to disannex the portion currently located in the city limits, thus allowing for the property to become part of Industrial District No. 2 and execute and Industrial District Agreement. The attached agreement includes Bootstrap Energy's agreement to provide payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. The Company also agrees to include a petition for annexation that becomes effective at the time that the Company defaults under certain provisions of the Agreement, which would allow for the voluntary annexation of the 75.58- acre tract of land to the City. As proposed, both phases of the project are planned to create 70-100 new jobs with salary ranges of $50,000 to $80,000 annually, depending on skill levels and certifications. Both phases combined are also projected to generate an average of $3.17 million in new General Fund revenues to the City annually through Industrial District PILOT program for a 5-year total of $12,730,547 and a 10-year total of $31,729,918. Through the Industrial District Agreement, the City would not be obligated to provide any City services, as typically required for new development, to the project. However, staff's financial analysis concludes the City will forego $70,501 ,509 over a ten-year period if the same development were constructed and operated outside of an Industrial District Agreement in the city limits. Subject to these actions being approved by City Council, the developer's implementation schedule for this phase (Phase One) is expected to be completed and in-service by the end of calendar year 2022 for appraisal purposes. The development was first presented to the CCREDC in August 2021 by Bootstrap Energy, LLC, which inquired about the possibility of purchasing the land for industrial use. Bootstrap Energy, LLC subsequently began to conduct independent due diligence on the land and an independent transmission capacity study. In October 2021 , Bootstrap Energy, LLC submitted a formal request to AEP Texas to confirm transmission network load serving capacity consistent with the findings of their independent analysis. Bootstrap Energy, LLC next entered direct negotiations with the property owners, resulting in the seller and Bootstrap putting the land under contract on October 11 , 2021 . On November 10, 2021 , CCREDC representatives met with City to introduce the project and inquire about the City's willingness to disannex the 75.58-acre tract of land and amend the boundaries of the Industrial District 2. Since the November date, City and CCREDC staff conducted research and analysis related to the economic feasibility of the project. The property was purchased by Bootstrap in an all-cash transaction on February 18, 2022 and the new deed was recorded in the Official Public Records of Nueces County on February 22, 2022 (document 2022008479). The Comprehensive Plan classifies this area as light industrial therefore staff finds that the landowner's proposal is largely consistent with the City's intended future development of this part of its ETJ along the interface of Industrial District #2. A facility of the nature of the proposed light industrial development does not involve truck traffic (other than construction phase) or impose burdens on city infrastructure typical of more intensive heavy industrial uses. The McKinzie Road property has been actively on the market since February 2017. Since 2019, CCREDC has been marketing the subject site under its Qualified Sites Program as a prime industrial site since 2019 CCREDC's criteria for attracting industrial development was set as a minimum of 100 acres of land together with all appropriate attributes including power infrastructure vetted by AEP. The contiguous property has been under the same family ownership by descendants of Frank and Isabella Kassner for over 100 years. The total property size was recently surveyed at 114.2 acres. PROCUREMENT DETAIL: N/A ALTERNATIVES: The alternative is to not allow the disannexation of the 75.58-acre tract of land or to amend the boundaries of Industrial District #2. In which case, the property would either continue to be taxed as an AG exempted parcel of land. Because of significant power transmission lines (three) and multiple energy pipelines (31 underground lines) including three major city water mains that are on or directly adjacent to the property. Due to these encumbrances, alternative land uses are exceedingly difficult to develop. Staff reviewed the site with a leading local homebuilder who determined residential would be exceedingly difficult (if not impossible) to develop. HUD financing or guarantees would also be practically unfeasible for any residential due to the immediate proximity to the Enterprise Products Shoup Plant (gas processing) that is designated a major energy production facility. The only real practical development option would be industrial type facilities without large building or manufacturing footprints. FISCAL IMPACT: As proposed, both phases of the project are planned to create 70-100 new jobs with salary ranges of $50,000 to $80,000 annually, depending on skill levels and certifications. Both phases combined are also projected to generate approximately an average of$3.17 million in new General Fund revenues to the City annually through Industrial District PILOT program for a 5-year total of $12,730,547 and a 10-year total of $31,729,918. Through the Industrial District Agreement, the City would not be obligated to provide any City services, as typically required for new development, to the project 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 the development be classified as light industrial to serve as home to cryptocurrency mining companies, the execution of Industrial District Agreement 110, the disannexation of the 75.58-acre tract of Bootstrap's land and the amendment to the Industrial District 2 boundaries to allow for the Bootstrap development and the execution of Industrial District Agreement 110B. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance disannexing a 75.58-acre tract from a 114.8-acre continuous parcel of land currently divided by the City limit boundary; amending the boundaries of Industrial District No. 2 to include the disannexed area; and approving Industrial District Agreement No. 110B with Bootstrap Energy LLC, requiring payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues and to authorize new industrial district agreements to replace those that were about to expire, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, as amended, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, Bootstrap Energy LLC ("Bootstrap") has purchased a 114.8-acre parcel that is currently divided by the City limit boundary and wishes to have the entire parcel added to an Industrial District Agreement ("IDA"); and Page 1 of 4 WHEREAS, in order to add the entire parcel owned by Bootstrap to Industrial District No. 2, the City must disannex that 75.58-acre tract that is within the City limits from the City boundaries, as authorized by Texas Local Government Code Section 43.142 and Article 1 , Section 2 of the City Charter, and adjust the boundaries of Industrial District No. 2 to include that tract; and WHEREAS, Bootstrap has agreed to enter into an IDA that will commit to making payment in lieu of tax payments in the amount of 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and the City Council has determined that this arrangement would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. An approximately 78.58-acre tract of land owned by Bootstrap and located in Nueces County is disannexed from the City of Corpus Christi, Texas city limits and boundaries depicted and described in the attached Map and Metes and Bounds Describing 75.58-acre Tract. SECTION 3. The boundaries of the City of Corpus Christi, Texas are adjusted to exclude that property comprising the above referenced tracts of land. SECTION 4. Ordinance 029958, as previously amended by Ordinance 031797, is amended by amending that portion of Exhibit A of Ordinance 029958, which lays out the boundaries of Industrial District No. 2, to add the property described in the attached Map and Metes and Bounds Describing 75.58-acre Tract. That portion of Exhibit A laying out the boundaries of Industrial District No. 1 shall remain the same. Ordinance 029958 as amended is re-authorized. SECTION 5. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 110B with Bootstrap, which requires Bootstrap to make payment in lieu of tax payments in the amount of 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and to file such agreement in the official records of Nueces County. The City Manager, or designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 6. If Section 4, Section 5, or the attached Industrial District Agreement No. 110B is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, then this ordinance shall be void and no longer in effect. If any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, is held invalid Page 2 of 4 or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 7. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 3 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 4 of 4 MAP AND METES AND BOUNDS OF 75.58—ACRE TRACT KV�TAn4fVR14 VK rn 1 k WEEWA DR MCWORTON RD OR � 1 rS d W M i .._HWY 44 FWY' •- A�Gh1E5'SS' - _. HMYY"ACC x� �,° �a ate. • a c , Legend ®MOUMM OISTRYCT REWESTSOu1OnRV=]::ttY LIMNS • _ ... r40v&TRAL0iGTRhCTr 075,58-ACRE TRACT MAP AND METES AND BOUNDS OF 75.58-ACRE TRACT 70.572 ACRE TRACT NUECES COUNTY,TEXAS Page 1 of 1 DESCRIPTION FOR A 70.572 ACRE TRACT A DESCRIPTION FOR A 70.572 ACRE TRACT WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, IN THE SOUTHEAST QUARTER OF THE ADAMS, BEATY & MOULTON SURVEY 409, A-555, NUECES COUNTY, TEXAS, SAID 70.572 ACRE TRACT BEING PART OF A CALLED 114.205 ACRE TRACT AS CONVEYED TO BOOTSTRAP ENERGY, LLC, RECORDED IN DOCUMENT NO. 202208479, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.). SAID 70.572 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 518 INCH IRON ROD WITH CAP STAMPED "BRISTER SURVEYING" FOUND AT THE NORTHWEST CORNER OF SAID 114.205 ACRE TRACT, LYING IN THE SOUTH LINE OF A CALLED 40 ACRES CONVEYED TO WM MICHAEL MULVEY, CATHOLIC DIOCESE, RECORDED IN VOLUME 1640, PAGE 446, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.) AND RECORDED IN DOCUMENT NO. 201 001 561 5 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY,TEXAS(O.P.R.N.C.T.)AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89°11'31" E, ALONG THE NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID 40 ACRE TRACT,A DISTANCE OF 1,738.79 FEET TOA 518 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OFSAID 114.205ACRE TRACT,SOUTHEAST CORNER OF SAID 40 ACRE TRACT, LYING IN THE WEST LINE OF ACALLED 742.54 ACRE TRACT CONVEYED TO BRAMAN RANCHES, LLC, RECORDED IN DOCUMENT NO. 2008044426, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.)AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE,S 00°45'32" E,ALONG THE EAST LINE OF SAID 114.205 ACRE TRACT AND WEST LINE OF SAID 742.54 ACRE TRACT, A DISTANCE OF 1,974.62 FEET TO A 1-112 INCH IRON PIPE FOUND FOR THE SOUTHEAST CORNER OF SAID 114.205 ACRE TRACT,ALSO BEING THE NORTHEAST CORNER OFATRACT"B"OF TRACT VAND CALLED 30.41 ACRE TRACT, CONVEYED TO VALERO MANAGEMENT PARTNERSHIP, L.P., RECORDED IN VOLUME 2053, PAGE 302, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), LYING IN THE WEST LINE OF SAID 742.54 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 89°25'11" W, ALONG THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND NORTH LINE OF SAID 30.41 ACRE TRACT, A DISTANCE OF 395.66 FEET TO A CALCULATED POINT LYING IN THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND THE SOUTHWEST CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI AND BEING THE SOUTHERN SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; MAP AND METES AND BOUNDS OF 75.58-ACRE TRACT 70.572 ACRE TRACT NUECES COUNTY,TEXAS Page 2 of 1 THENCE, OVER AND ACROSS SAID 114.205 ACRE TRACT AND ALONG SAID CITY LIMITS LINE, THE FOLLOWING SIX (6)COURSES AND DISTANCES: 1. N 53'34'22"W, A DISTANCE OF 1,087.17 FEET TO A CALCULATED POINT; 2. N 54°03'21"W, A DISTANCE OF 1,137.56 FEET TO A CALCULATED POINT; 3. N 51°09'29"W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 4. N 46°57'36"W, A DISTANCE OF 66.60 FEET TO A CALCULATED POINT, 5. N 00°50'32"W, A DISTANCE OF 8.80 FEET TO A CALCULATED POINT; 6. N 4944'09"W,A DISTANCE OF 16.43 FEET TO A CALCULATED POINT LYING IN THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF LOT 2 OF MCKINZIE ACRES, RECORDED IN VOLUME 42, PAGE 6, MAP RECORDS OF NUECES COUNTY, TEXAS(M.R.N.C.T.)AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89°13'21" E. ALONG THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID LOT 2, 28.90 PASSING A 1f2 INCH IRON ROD WITH CAP FOUND AND CONTINUING FOR A TOTAL DISTANCE OF 880.92 FEET TO A 5f8 INCH IRON ROD LEANING FOUND AT AN INTERIOR CORNER FOR SAID 114.205 ACRE TRACT, SOUTHEAST CORNER OF SAID MCKINZIE ACRES AND BEING AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 00°47'46" W, ALONG THE EASTERN WEST LINE OF SAID 114.205 ACRE TRACT AND EAST LINE OF SAID MCKINZIE ACRES,A DISTANCE OF 250.23 FEET TO THE POINT OF BEGINNING AND CONTAINING 70.572 ACRES OF LAND. of TF .....J.... .. 03/03/2022 Surveying and Mapping, LLC a 5202 J.M. Tucker Date 4 °Fcss�°.• .�Q 11111 Katy Freeway, Suite 200 �✓ 4, Registered Professional Land Surveyor Houston, Texas 77079 5UR� No. 5202—State of Texas TX. Firm Reg. No. 10064300 INDUSTRIAL DISTRICT AGREEMENT NO. 110B THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and BOOTSTRAP ENERGY LLC, a Texas Limited Liability Company, Land and Improvements Owner, collectively called the"COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS,the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2 and renamed such areas"Industrial District No. 1 and Industrial District No. 2", herein collectively called"Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. 1 NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein including Section 10.07 of this Agreement,the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent(100%)of the amount of ad valorem taxes on Land,Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid,plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an"industry"use,requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent(100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty(60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the 2 CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or(C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes,but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services.The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2)prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. Section 1.07 Definitions. A. C.. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction(including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. D. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements and New Improvements. 3 E. Industrial District. The industrial districts created pursuant to Ordinance No. 029958, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. F. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. G. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. H. Market Value. As determined and defined by NCAD. I. NCAD. The Nueces County Appraisal District and includes its successors and assigns. Article 2 Section 2.01 Term. The term of this Agreement shall begin on the date of last signature following City Council approval and disannexation of the subject property ("Effective Date") and continue until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Improvements. An amount in lieu of tax on Improvements (excluding personal property) located on the Land equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. 4 C. Business Personal Property.An amount in lieu of tax on the personal property equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the business personal property which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. COMPANY must annually report the Geographic ID numbers for all personal property accounts on the Property.Failure to report such accounts or to make payments for any of the accounts will constitute a breach of this Agreement and may trigger acceptance of the COMPANY's annexation petition in accordance with Section 10.07 below. D. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90)days after the acquisition of new land by the COMPANY,the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. E. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement(the"Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. COMPANY must include in its Schedule of Value the Geographic ID numbers for all personal property accounts on the Property, whether owned by COMPANY or by a Lessee or tenant. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY or its Lessee or tenant elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. 5 Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below,based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent(15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization,it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster,which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate= Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.3 1, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended,using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. COMPANY is liable for all payments for Land, Improvements, and business personal property, whether the individual property is owned by COMPANY or not. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent(100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the 6 amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Section 3.08 Required Development. The COMPANY agrees that it will complete the development of both NCAD Geographic IDs 0276-0145-0040 and 0276-0040-0000 before December 31, 2022 with appropriate improvements and personal property to begin cryptocurrency mining on both tracts. Failure to complete the development of either tract by the deadline, whether subject to this Agreement or its companion agreement(Industrial District Agreement No. 110),will constitute a breach of this Agreement. If following notice of such breach, COMPANY does not provide an alternative industrial use for undeveloped tract that is acceptable to the CITY within 90 days, the CITY may accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. Additionally, if COMPANY does provide an acceptable alternative development within the 90 day period, but does not complete construction within one year following approval of the alternative development, the CITY may accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within thirty (30) days after the CITY gives written notice of said default to the COMPANY (or, if within such 30 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 30 days)), the City shall have the option to either (1) accept the COMPANY's petition for annexation and commence annexation proceedings, in accordance with Section 10.07 below, and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or(3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien.The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this 7 Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, except for breach of payment terms which will be handled in accordance with 4.01, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days,which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). If COMPANY fails to cure the default within sixty (60)days,the City shall have the option to either(1) accept the COMPANY's petition for annexation and commence annexation proceedings, in accordance with Section 10.07 below, and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or(3) continue this Agreement for its term and collect the payments required hereunder. Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative,none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten(10)years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default,then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 8 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor,to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto;provided,however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or(2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.015 Covenant Running with the Land. THIS AGREEMENT SHALL RUN WITH THE PROPERTY AND BE RECORDED IN THE REAL PROPERTY RECORDS OF NUECES COUNTY, 9 TEXAS. THE OWNER AND THE CITY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS BINDING UPON THE CITY AND THE OWNER AND THEIR RESPECTIVE SUCCESSORS, EXECUTORS,HEIRS,AND ASSIGNS,AS APPLICABLE,FOR THE TERM OF THIS AGREEMENT AND CONSTITUTES A COVENANT RUNNING WITH THE LAND. ALL SUCCESSIVE FUTURE OWNERS WILL BE TO THE SAME EXTENT BOUND BY AND WILL HAVE THE SAME RIGHT TO INVOKE AND ENFORCE, THE PROVISIONS OF THIS AGREEMENT AS THE ORIGINAL SIGNERS OF THIS AGREEMENT. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY,in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. In the event that COMPANY's lessee fails to make any required payments after assuming such responsibility, the COMPANY still agrees to annexation by petition in accordance with Section 10.07 below. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. COMPANY is still responsible for payment under this Agreement until the CITY receives an assignment and assumption agreement in accordance with Section 7.02 above. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent(50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including,but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide 10 six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word,phrase, clause, sentence,paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: Mr. Peter Zanoni City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 With copies to: City of Corpus Christi-City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 11 If to Company: Mr. Matthew J. Held Bootstrap Energy, LLC 3838 Oak Lawn Ave., Ste. 100 Dallas, TX 75219 Phone: 310-210-4545 Fax: N/A Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. Section 10.07 Petition for Annexation. COMPANY agrees that failure to timely cure any default in accordance with this Agreement constitutes a petition for annexation. A petition for annexation from the current property owner is attached hereto as Exhibit D and may be accepted by the CITY for purposes of annexing the Property in the event that COMPANY fails to timely cure any default in accordance with this Agreement, including in accordance with Sections 3.01, 3.08, 4.01, or 7.02 above. If the Property is annexed, this Agreement will terminate automatically upon payment of the final PILOT payment due under this Agreement. Annexation does not absolve the COMPANY of the requirement to pay PILOT under this Agreement and the CITY may pursue all remedies in law and equity to collect such past due PILOT payments. The Parties agree that the following disclosure is sufficient for purposes of Section 212.172 (b-1) of the Texas Local Government Code: THE COMPANY IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT AND HAS CHOSEN TO DO SO OF ITS OWN FREE WILL. AT THE TIME OF THIS AGREEMENT, THE CITY HAS THE AUTHORITY TO ANNEX THIS PROPERTY EITHER BY REQUEST OF THE OWNER UNDER SUBCHAPTER C-3 OF TEXAS LOCAL GOVERNEMENT CODE CHAPTER 43 OR WITHOUT THE REQUEST OF THE OWNERS UNDER SECTION 43.0116 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS AGREEMENT OFFERS COMPANY PROTECTION FROM ANNEXATION UNDER SECTION 43.0116. IN EXCHANGE FOR THAT IMMUNITY, THE COMPANY REQUESTS ANNEXATION THROUGH PETITION IF COMPANY FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT. IN THE EVENT THAT COMPANY TRIGGERS ANNEXATION UNDER THIS SECTION 10.07, THE CITY WILL ACCEPT THE ANNEXATION PETITION AND PRESENT AN ANNEXATION ORDINANCE TO CITY COUNCIL FOR APPROVAL FOLLOWING A PUBLIC HEARING. NO FURTHER CONSENT OF THE LANDOWNER IS REQUIRED FOR ANNEXATION BY PETITION. THE CITY WAIVES 12 IMMUNITY FROM SUIT ONLY FOR PURPOSES OF CHALLENGING AN ANNEXATION IN ACCORDANCE WITH THE ATTACHED PETITION. Section 10.08 Effect of Future Laws.No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 10.09 Disannexation Acknowledtement. In consideration of the disannexation of the subject property on the day of , 2022, the COMPANY agrees that the CITY is not obligated to reimburse any taxes under Section 43.148 of the Texas Local Government Code as any taxes previously received on the property were offset by the costs of services actually provided to the property. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 13 ENTERED into this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Constance P. Sanchez, Chief Financial Officer LEGAL FORM APPROVED of ,20 Aimee Alcorn-Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 20 , by Constance P. Sanchez, Chief Financial Officer of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 14 ATTEST: LAND AND IMPROVEMENTS OWNER Bootstrap Energy,LLC By: Name: Name: Matthew J. Held Title: Title: Managing Member LAND AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of 20 , by Matthew J. Held, as the Managing Member of Bootstrap Energy, LLC, a Texas Limited Liability Company, on behalf of said company. Given under my hand and seal of office this day of ,A.D., 20 . Notary Public, State of Printed Name: My Commission expires: 15 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District Nueces County Appraisal District EXHIBIT A Industrial District Agreement#1108 Geographic IDs Bootstrap Energy, LLC Legal Description ASSESSORS MAP 145 75.58 ACS OUT OF 114.8 AC TR 0276-0145-0040 110B Outside Land 4 SUR 409 AB&M ABST 555 ICL EXHIBIT B Schedule of Value CITY OF CORPUS CHRISTI INDUSTRIAL DISTRICT SCHEDULE OF VALUE Company Name: Contract Number Contact Name: As of 1/1/2015 Telephone: Due 8/31/2015 Address: Address: Geographic ID ####-####-####or Description Land Pre 2007 2008 2009 2010 2011 2012 2013 2014 Total ia-aaaaaaa-#### 2007 Total a duly authorized official of the above company,do swear that the information provided is accurate to the best of my knowledge. Signature of Authorized Official Date Email Printed Name Authorized Official's Title Sworn to and subscribed before me by on this day of 20_ (Personalized Seal) Notary Public's Signature 1of1 EXHIBIT B-Schedule of Value EXHIBIT C City Ordinance Creating Industrial Districts N AN ORDINANCE AUTHORIZING THE REESTABLISEUAENT OF LAND DESIGNEE,AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER,OR TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS LOCATEDPROPERTY OWNERS JURISDICTION OF THE CITY der Texas LocalGoverment Code Chapter 42, Subchapter 42.044, the Governing y of any city has the right, power and authorityto designate any pan of the area located in its extraterritorialjurisdiction d District and to treat such area fiorn time to time cgoverning y may deemto be in the best' of the City,and included in such rights and powersof the governing body of any city is the permissive ri t and power to enter into written agreementsowner or owners of land in e extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city fora period of time, and other such terms and considerations as the part' t deem appropriate;and WHEREAS,it is the established policythe City Council of the City of CorpusChristi, Tex ( "City), to adopt reasonable measures permittedw that will tend to enhance e economic stability d growth of the City and its environs y attracting the location of new and e expansion of existing industries therein as being in the best interest of the City and its citizens; der said policy and the provisions of Section 42.044, Texas Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, app v November 2 , 1980, as amended, its willingness to enter into industrial 's 'ct agreements with industries located within its extraterritorial jurisdiction and desi ti e specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2;and in order to correct certain boundaryissues, the City Council desires to reestablished a boundaries of the land areas knowno Christi veto t Area . 1 and Corpus Christi IndustrialDevelopment Area No. 2 and renamed such areas "Industrial District No. 1"and"Industrial District No.2";and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF US CHRISTI, . SECTION 1.The findings contained in the preamble of this Ordinance e determined to be e and correct and are hereby adopted a part of this Ordinance. EXHIBIT C- City Ordinance SECTION 2. Industrial District 1 and Industrial District2 are herbylis described in EAMLA attached e t incorporated e . SECTION 3. The City create new Districts, expand or diminish the size of any Industrial District and the Citye e I rights and powersit may haveor acquireto revoke in ole or in e creation of all or any part of an Industrial District, except to the extent that it has agreednot to do so in any industrial districtagreement. SECTION 4. The City Councilauthorizes a entering of contractual obligations with property owners 't jurisdiction of the City substantially e form as showne document which is attached hereto and incorporated hereini e City Manager, or his designee, is herebyauthorized execute c documents1 related documentson behalfof the Cityof Corpus Christi.The City Secretary is herebyto attest to all such signatures o affix the seal of the City to all such documents. THEME, MartinezI OF CORPUS CHRISTI OF CORPU G a a l — - ------- Armando City e or That e J�egoing dinance was, d for the first time and passed to its secondon this e_ro day of y the following vote- Nelda Martinez aqL Chad Magill Kelley Allen 2 ColleenMcIntyre Rudy Garza Lillian `oj Priscilla Leal AL Mark Scott David EXHIBIT C- City Ordinance That the pin Eft a r the second time and passed finallyon this the-nt�� day f giby the fbilowingvote® Nelda `ll Kelley Allen Colleen McIntyre Rudy Garza Lillian ° j Priscilla Leal Mark S David PASSED AND APPROVED,this e_]Iy of �4 Armando a Nelda City ecyr r EXHIBIT C-City Ordinance Boundaries of Industrial District 1 and Industrial District 2 EXHIBIT C- City Ordinance Corpus Christi Industrial District .1 Approximately 9,775 Acres within Nueces County,Texas,outside the city limits of the City of Corpus Christ!and generallybounded on the southwest by the northeast right-of-way of Interstate oA 7,on the northby the south shoreline of the Nueces River and NUKU Bay,an the West by the East right-of-way of Carbon Plant Road(Joe Fulton Corridor)from Interstate Highway No.37 to McKinzie Lane and the northright-of-way of Mckinzie Lane ftm the east right-of-way of Carbon Plant Road to the east property line of the Citys Allison Wastewater Treatment Plant and along the east property line of e s Allison Wastewater plant from McKinzieLane to the Nueces River. 1} BEGINMNG at the northeast comer of Tract'r,Nueces View Tracts as recorded In Volume 28, Page of the Map fteords.of Nueces County,TX,same being the northeast corner of the Cl Allison WastewaterTreatment Plant; 2} THENCE In an easterly direction with the meanders of the southshoreline of the Nuaces River and Nuecesto the northwest comer of Block 1,Lot 150 of the Porto Bello Subdivision as recorded In Volume 47,Pages 144-145 of the Map Records of Nueces County,Texas; } southwesterly alorig the westerly boundary fine of the Porto Bello Subdivision to the southwesterly r of Lot 1,Block 1; } THENCE southeasterlyalong the southerly boundaryline of said Lot 1 to the current City Limits f the City of CorpusChristi; S} THENCE southwesterlyalong said City Limit line to a point wheret centerline of Avenue" intersects the northerlyright-&-way line of Burleson Street; } THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1,Black 174 of the Brooklyn Addition as recorded in Volume A,Page 32 of the Maps of Nuaces County,Texas, 7} THENCE northeasterly through said Block 174 to the northwesterly comer of Lot 1 : } THENCE southeasterlyalong the northeasterly u line of said Lot 11 to the northeasterly comer thereof; } THEria northeasterly along the northwesterly right-of-way line of Avenue"H"to a point on the northerly n a Ineofa 6.19 AcreTract oTract" "of the BrooklynAcreage; 1 northwestedy along northeasterly boundary of said Tract" "to the northwesterly corner thereof, 11}THEma southwesterlyalong the westerly boundary of said Tract"A"and the continuation thereof to the southerly right-of-way of Burleson Street-, EXHIBIT C- City Ordinance }THENCE southeasterlyalong the southerly right-of-way of BurlesonStreet to the centeriine of Avenue"F"; }THENCE southwesterlyalong the centedine of said Avenue"F"and the extenslon thereof to a int an the original City Limit line s surveyed C.F.H.Van Boucher In August,1683, 14}THENCE westerlysold originaiawLimit Kne to the northwest comer thereof, }THENCE southerly continuing lon said original City Limit line to the north comer of a 13.602 acre tract annexed by City Ordinance 0022441, 161 THENCE around said 13.602 acre tract: 53 V41'4 SffW a distanceof 'to a point on the northwesterly right-of-way line of the Missouri Pacific railroad. 1027'47" a long said right-of-way a distance of 290.3W 561023'34"E continuing along said right-ofright-of-wav a distance of 175.07' 531*IVOVW crossing i right-of-way a distance of 130.09 to a point, 1 3'3 a distance of 795'to a point, S3V4V4S"W a distance of 'to a t; SS911WIVE a distance f .24'to a point on said original City Urnits, 17)THENCE southerlycontinuing along saidoriginal it line to the north corner of a 0.0018 acre tract annexed by City Ordinance 402244 1; 16)THENCE and said 0.0018 acretract: S27*34*3(rWa distance of 16.Sir 16. to a point, 55 °1 '1 "E a distance of 937'to a point on said original City Limits; 1 )THENCE southerly continuingalong original City I.InAt line to a point an the northwesterly right-of-way Una of Nuecesa oulevvr ; 2 }THENCE southwesterlyalong the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly comer of Tract 1,Pontiac Tracts in Volume 57 Page 64 of the Map Recants of Nueces County,Toms; 21)THENCE around i Tract 1: 5 ° a distance of 'to a point at the nortmrly,corner thereof, SWIVOWW a distance of 171.81'to an angle pointtherein; 534OS9'120W a distanceof 96.43'to a point at the westerly corner thereof,being on the northeasterly boundary fine of the Baymoor Addition as recorded in Volurm 4,Page 42 of the Map Records of Nueces County,Texas; }THENCE northwest along the northeasterly boundary fine of said BaymoorAddition to the northwest corner of Lot 205,same point being a northerly comer of Tract'H*of the Pontiac Tracts as recorded In u °Page 135 of the Map Records of Nueces County,Texas, }THENCE 522"42*3CrWalong i Tract OW a distance of 31.49'to an angle point therein, EXHIBIT C- City Ordinance j THENCE northwesterly ssiBuddy Lawrence Drive and Oak ParkAvenue to a point an the northeasterly boundary line of Lot 7,Block 2 of Oakn Addition as recorded In Volume S, Page 27 of the Map Records of NuecesCounty,Texas,same point being at the southeast terminus of Naokes Street as shown on Plat of HarborView Estates recordedto Volume ,Page 48 of the Map Records of Nueces County,Texas; }THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly comer thereof. 26)THENCE northweaerly alang the northerly boundary line of said Harbor View Estates and the extension thereof,partially along the centerline of Gibson Street,to a point on the west right-of- way line of Path Lane; 27 northeasterly along the west right-of-way line of Poth Lane to the northeasterly er of land of Magellan Terminal Holdings, s described in Documents#2=020907 and H1999033783 of the Oftlal Public Records of Nueces County,Texas; }THENCE northwesterly along the northeasterly boundary One of said Magellan Terminal Holdings LP to a point on the souther right-of-way line of the Missouri Pacific Railroad; Z )THENCE southwestertyalong i ut righ"f-way line to the northwesterly boundary One of id Magellan Terminal Holdings,LP to a int; 0 THENCE southwesterly along the westerlyboundary line of said Magellan Terminal Holdings,l to a point where the northweMrly boundary One of Country Club Place as recorded in Volume 4,Page 3 of the Maps of Nueces County,Texas,meets the northerly ht- f-way line o Interstate Highway 37; 31}THENCE northwesterly along said northerly right-of4ay to Its intersection with the northeasterly right-of-way line of Up River Road O Road); z j THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly comer of lot 3,Navigation Heights Annex#3 as recorded in Volume 40,Page of the Map Records of Nuems County,Texas; j THENCE around said Lot : 017'2 i nce of 177.9S'to a point at the northeasterly comer thereof, NS3"3W3D"Wa distance of .97'to the northwesterly er thereoP, 51 3' a distance of 176.57'to the northeasterly right-of- of Up River Road, 34)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the east ht-cf-way line of Cantwell ; 35)THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary of a 3.37 Acre tract of landout of Share 3A of the Kaler Tract" (unrecorded plat) EXHIBIT C- City Ordinance northwesterly across saidright-of-way and along the northerly boundary line of said 337 Acre Tract(tax 1 3 7 3 Q)to the northwesterly comer theroF, 7)THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, ler Partition as shown on plat thereof recorded in Volume 9,Page SEI of the Map Records of Nueces County,T ,to a point an the northeasterly right-of-way line ofp Riveroad; 38)THENCE northwesterly a€ i northeasterly right-of-way I of p r ad e easterly extension of right-of-way y to a 1 Acre tract of land out of Lot 1,Block 1,Coastal Javelins Addition as recordedin Volume S4,Pae 56 of the Map Records of Nueces.County, Texas,said i Acre tract describedby metes and bounds In City Ordinance#02B451; 39)THENCE southwesterly across saidUp River Road and along I easterly right-of-way line to the north boundary line of said 1 t platted,see tax ID 1661-OM-0012 and Document 42 372 of the Offidal Public Records of Nueces County,Texas), j THENCE easterly,southerly,westerly,and northerly u 1 Acre tract to the southerly right-of-way srvin I tract, 1)THENCE westerlyalong southerly right-cf-way line to the west boundaryline of said lot 1, Block 1; 42)THENCE northeasterly Wong said west boundary line of said Lot 1,Block 1 and the extension thereof to a point on the northeasterlyright-of-way One of Up RiverRoad; 43)THENCE northwesterly along easterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of Countyd ; j THENCE southwesterlyacross said r Road and along said rl right-of-way One of County a 2A to Its term Inus. S southeasterly along sold right-cf-way and along southerly boundary of a 13.28 tract out of the Ohler Tract of the Dunn Tract and described In Omment 92004014391 of the Official Public RecoWs of Nueces County,Tows,to a point on the northwesterly boundary line f Block 6,AcademyHeights Unit 1 as recorded In Volume 26,Pae SS of the Map Records of Nueces County,Texas, }THENCE southwesterly along said northwesterly bounds line of Academy Heights Unit 1 an along the northwesterly un a One of Academy Heights Unit 2 as recorded In Volume 42, Pae 186 of the Map recordsof Nueces County,Texas to a point an the northerly t-cf-way line of Interstate Highway 7; 4 northwesterly along right-of-way One of Interstate Highway 7 to the southeasterly boundary line of lot 1,Block 3 of the Interstate Industrial Complex as recordedIn Volume 2, Page 36 of the Map Recoded of Nueces County,Texas, 4 )THENCE around id Lot 1: NOO'39'47NE a distance of 300.W to a point at the northeasterly co rner thereof, EXHIBIT C- City Ordinance NB(rSr2S"Wa distance of 519.6W to the northwestedy comer thereof, SW44'41OW along the east right-of-way of Corn Productsad a distance of to the northerly right-of-way of Interstate 37; )THENCE northwesterly in said Corn Products Road and continuing along right-of-way line i ht-of- line of Interstate W8hwaV 37 to the southwesterly boundary line of Lot 1 of the Interstate Industrial Complex Unit 1 as recordedIn Volume 34,Page 24 of the Mapd of Nueces County,Texas, )THENCE northwesterly l the east right-of-way p 1Boulevard the southwesterly un One of Lot 26,Block 1 of said Interstate Industrial e ; 51)THENCE northeasterlyalong the southeasterly boundaryOne of said Lot 16 to the southeast comer thereof-, 52)THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of lot 1 ; 3}THENCE westerly along point of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof }THENCE southerlyalong the west right-of-way of Complex Boulevardto a point on the northerly right-of-way of Interstate Highway 7; 5S)THENCE northwesterly alongiright-of-way line of Interstate Highway 37 to the easterly right-of-way of Southerni a }THENCE northerly along the east right-of-way line of Southern MineralsRoad to the southerly right-of-way line of Up River ; S7)THENCE southeasterly the southright-of-way g f Up River Road to the northwesterly comer of Lot 1,Glork 1 of the Missouri Pacific Industrial Area as Recordedin Volume S2,Page 63 of the Map Recordsof Nueces County,Texas, SO)THENCE around said t 1: 1 a distance of 437.96'to a point at the southwesterly comer thereof- SS4*44'47E a distance of 172.72'to the southeast"comer thereof, 01 a distance of 507.9W to a point on the southright-of-way line of Up River Road, 591 THENCE southeasterly along the souright-of-way line of Up River Road to the northwesterly comer of a 3.75 Acre tract of land describedin Document N200100777 of the Official Public Records of Nueces County.Texas; j THENCE around said tract southerly,southeasterly,and northerly,crossing Up River Road to a int an the north right-of-way thereof, j THENCE northwesterly along right-of-way On of Up Rarer Road to its Intersection of the west right-of-way line of Southern Minerals ; EXHIBIT C- City Ordinance 62)THENCE southerly along t right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63)THENCE northwesterly along i d t-of line of interstate Highway 37 to the southerly comer of Lot 7.Black 1,GaIdston Addition as Recorded In Volume SS,Pae 87 of the Map Records of Nueces County,Texas; 64)THENCE and said Lot 7 northerly,westerly, uth rl to a paint on the no right-of- way line of Interstate Highway 37; 6S)THENCE northwesterly said right-cf-way line of Interstate Highway 7 to the easterly right-of-way line of Hunter Road, 66)THENCE northerly along the east right-of-way One of Hunter Road to the southwesterly comer f a tract of land described In Document 0201202256D of the Official Public Res of Nueces County.Texas(Tax ID 0272-0100-0300); 67)THENCE easterly along the south boundary One of said tract to the southeast comer the f, 66)THENCE northerly along east boundary line of said tract and along the east boundaryline o a tract of land Document#2012022S60 of the Official Public Records of Nueces County,Texas 10272 2 69)THENCE northwesterly and westerly along the north boundary line of said tract to the east right- of-way i t- of- a line of Hunter Road; 7 )THENCE northerly along east right-of-way line of Hunter Road to Its intersection with the south right-of-way line of Up River Road; 71)THENCE southeastedyalong the south right-of-way line of Up River Road to the northwest comer of Lot 3,P.V.Alexander as shown on Volume 34,Pae 16 of the Map Records of Nueces County,Texas; 72)THENCE southwesterly the west boundary line of saidt 3 to the southwest corner thereat 73)THENCE southeasterly alongthe southwest boundary fine of said tract and along the southwest boundary fine of a tract of land describedDocument#2012022S60 of the Official Public Records of NuecesCounty,T (Tax 10 0272-0100-0000); 7 )THENCE easterly along the southerlyboundary line of boundary One of a tract of land In Document 12012022SGD of the Official Public Records of Nuecas County,Texas(Tax 10 0272- MOD-0400): 7 )THENCE northerly along east boundary line of said tract and crossingRiver Road to a int on the north right-cthereof; EXHIBIT C- City Ordinance }THENCE northwesterlyto the north right-of-way line or up River Road to Its Intersection of e west rlghtline of Hunter Road, }THENCE southerly crossing iveli Road andalong the west right-of-way line of Hunter Road to Its Intersection with the north right-of-way line of Interstate 7, 78)THENCE northwesterly along ht-of y One of Interstate Highway7 to the southeast comer of Lot 2,Block1,Hunter Industrial Pa as recorded to Volume 43,Page 129 of the Map Records o un ,Texas, 7 }THENCE northerlyeast boundaryline of said t 1 to its Intersection with the South right-of-way line of Up River Road. }THENCE northwesterlya the south right-of-way tine of Up River Road to Its Intersection of the west right-of-way One of Suntl aRoad; 1}THENCE northwestesiV crossing iver Road to the Intersection of the west right-of-waV line of 5ntl a Road meets the north right-of-way of Up River Road, 2southeasterly crossing Suntide Road to the Intersection f the east right-of-way line of unti a Road meets the north right-of-way of Up River Road, }THENCE northerly along the eastright-of-way One of Suntwe Road to the southwest comerof an unplatted tract of land described in Document N946726 of the Official Public Records of Nueces. County,Texas 10 0267-0002-OOW); }THENCE around id tract easterly,northerly,and westerly crossing Suntide road to a point on the west right-of-way line thereof }THENCE southerlyalong the west right-or-way line of 5untide Road tot the northeast comer of West End Heights as recorded In Volume IS,Page 4 of the Map Recordsf Nueces County, Texas, }THENCE aroundI est End Hi Sa!r3S'W a distance of 57453'to a point at the northwest comer thereof, 500251 a distance of 927.92'to the southwest comer thereof,being on the northeast right-of- way of i t-oyot Up River Road; } THENCE southeasterlyalong the northeast right-of-way Eine of Up River Road to the extension of the easterly and line of an unplatted tract of land describedDocument N2020040428 of the Official Public Records of Nueces County.Texas(Tax ID 6 7 ); }THENCE southerly,crossing River Road,and along the east boundaryOne of said unplatted the southeast comer thereof, 89)THENCE northwesterly along the southwest boundary One of said unplatted tract and of an unplatted tract of land described In Document 11979850 of the Oflicial Public Records of Nueces County.T 10 79464=-3710) the southwest comer thereof, EXHIBIT C- City Ordinance 9 northerly along the west boundaryline of said tract andeast boundary line f Tubso RoadSubdivision as recorded in Volume 13,Page 23 of the Map Records of Nueces County,Texas to the northeasterlycomer thereoP, 91}THENCE northeasterlyto r road to the southeasterly corner of an unplatted tract of land describedIn Document N2010040428 f the Official Public Records of Nueces County, Tex (Tax ID 0265-0040-01W)to the southeastcomerther P, }THENCE northwesterly along o ea a right-of-way er Road to Its Intersection with the northerly extension of the westerly right-of-way of TulosoRoad; 3}THENCE southwesterlycrossing Up River road to the northeasterly comerot Lot 1,Block 1, Covington Industrial Tracts co In Volume 4 ,Page 22 of the Map Records of Nueces County, s; 4}THENCE around i CoAngton Industrial . 500*03'140W along the westerly right-of-way line of Tuloso Road a distance of 487.7W to a point at the southeasterly comer ; 60ist a of southwesterly comer thereoF, N00003'14"E a distance of 50S.29'to a point on the southeasterly right-of- Up RiverRoad; 9 }THENCE northwesterlyalong the southeast rightmof-way line of Up River Road to the northeasterly comer of an unplatted tract of land describedDocument N2010040428 of the Official Public Records of Nueces County,Texas I 201; )THENCE southerlyalong e easterly boundaryline of said unplatted ct to the southeast comer thf; }THENCE northwesterly alon e southwest boundaryline of said unplattedand of an unpletted tract of land described In Document#2010040428 of the Official Public Records of Nueces County,Texas 10 7946-0000-MIO)to the southwest comer thereof; 9 southerly along the easterly line of an unplatted tract of land described in 'Document#2004032460 of the Official Public Records of Nueces County,Te `flax 17 4 - 3641)to the southeast comer thereof, }THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said un tied tract to the southwesterly comer the of; 0} THENCE northerly along the westerly boundarytine of sold unplatted tract and of an unplatted tract of land described In nt 02004031460 of the Official Public Records of Nueces County,Texas ax ID 794 )to the northwest comer thereof, 1 1} THENCE northwesterlyalong the southeast right-of-way line of Up River Road to the northeasterly er of an unplatted tract of land described In Document#2007056023 of the Official Public Records of Nueces County, ! 0. ; EXHIBIT C- City Ordinance 1 ) THENCE southerly along the easterly boundarytine of saidnl tract to the southeastcomer thereof, Z j THENCE northwesterly along the northeastedy t-at way of interstate Highway 37 and the southwest boundary One of said unplatted tract and of an unplatted of land described In Document#2007056023 of the Official Public Records of Nueces County,Texas ax 10 7 3510)and of an unplatted tract of land described in Document N2MOD40428 of the Offidal Public Records of Nueces County,Texas ax ID 80574XN)0-0012)to the southwest comerthereof, 1 ) THENCE northerly along e westerly boundaryline of said unplatted tract and of an unplatted tract of land described In Document#2010040428 f the Official Public Records of Nueces County,Texas ID 8057-0000-0100)and of an unplatted tract of land describedI Document N2010040428 of the Official Public Records of Nuecas County,Texas(Tax ID 8057- 0000-W10)to the northwest comer thereof, 10S) THENCE northeasterly crossing River Road to a point an the westerly right-of-way line of Renfrow lane; i ) THENCE northeasterly along the westedy right-of-way line of sold Renfrow Lane to Its Intersection with northeasterly comer of an unplatted tract of land described In Document 112M0040428 of the Official Public Records of Nueces County,Texas(Tax 10 0271-0042-0000); 1 ' THENCE westerly,so uthwestedy,northwesterly,and southwestedy to a point on the northeast right-of-way of Up River Road, log) THENCE northwesterly along a northeast right-of-way line of Up River Road to the southeasterly comer of Lot 1,8.1ock 1,Te tote Tract as recorded In Volume 5 .Page 100 of the Map Records of Nueces County,Texas, 1 ) THENCE northerly along the east boundary line of said Lot 1 to the southwesterlyr of an unplatted tract of land describedIn Document 92020040428 of the Official Public Records of Nueces County,Texas 10 026"140-0200); llo) THENCE easterly,northeasterly, to and southerly to the northeast comer of sold Te tote Tract, j THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described In Document U2010OW29 of the Official Pu Ik Records of Nueces County,Texas 10266-0010-030S)t a northwest r ftreoP, 112) THENCE southerly the westerly boundaryline of said unplatted lot to a point on the northeast right-of-way of Up River Road, in) THENa northwesterly along the northeast right-of-way One of Up River Road to Its Intmection Withthe westerly dght-or-way fine of Heams Ferry Road; EXHIBIT C- City Ordinance } THENCE northwesterly along the southwest right-of-way tine of Heams Ferry Roadto the northeast comer of tat 7.Awkerman Garden Lots as recorded In Volume 4,Page 3B of the Map e s of Nuaces County,Texas, } THENCE southerlyn easterly boundary line of sold Lot 7 to a point on the northeast right-of-way line of Up RiverRoad; 6) THENCE northwesterly alwg the northeast qht-of-way line of Up River Road e southwesterly er of Lot 6 of said Awkerman Garden ; 7) THENCE northerly along the westerlyn tine of sold Lot 6 to a point on the southwest right-of-way,tine of Heams Ferry Road; } THENCE rte erl utwea right-of-way line of Hearns Ferry Road to e northerly boundary tine of the said AwkermanGarden ; } THENCE westerlyalong the north boundary line of the said Awkerman Garden and e extension thereof to a point on the northeasterly right-of-way line of Up River Road where It meets Interstate Highway 3 ; 120) 'THENCE northwasterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterlyboundary lineof an unplatted tract of land In Document N201004042B of the Official Public Records of Nueces County,Texas(Tax I ); } THENCE around saidunplatted ct northerly,nanhwesterly,southwesterly,and southerly to o point an the northeasterlyright-cf-way of Interstate Highway 37; } THENCE northwest"along the northeast right-of-way line of Int" to Highway 37 to the southeasterfV boundaryline of an unplatted tract of land describedIn Document OZOOS047494 of the Official Public Records of Nueces County,Texas(Tax I 0268-0060-0003); } THENCE around said unplattedtract northeastefterly,southwesterly,and southeastedy to a point an the northeasterly rl ht-of ay of interstate Highway 7; 4) THENCE northwesterlyalong the northeast right-of-wayline of Interstate Highway 37 to Its Intersection with the easterly right-of-way kne of Carbon Plant Road(Joe Fulton Corridor),* 12S) THENCE northeasterly n the southeast right-of-way line of Carbon Plant Road(Joe Fulton r)to Its tern n with the northerly right-of-way line of Mckinzie Lane; 12 6) THENCE northwestedy along the northeast right-of-way line of Mckintle Lane to Its intersection with the southeasterly comer of the Allison Wastewater Treatment Plant; 71 THENCE northerly along the easterly a line of the Allison Wastewater Treatment Plant to the south shoreline f the Nueces River and Point of Beginning and containing Acres more ofless; Together with 3 Island parcels described as to s: EXHIBIT C- City Ordinance Area 2.73 acres out of Lot 2,Block 1,StatewaV Subdivision as recorded in Volume ,Pae 90 of the Map Records of Nueces County,Texas. Said 2.73 Acres beingfurther described to Document#2011026606 of e Official Public Records of Nuecas County,Texas. Arn 2: Beginning at the southeast comer of Lot 1,Block 1,Stateway Subdivision as recorded to Volume Page 12 of the Maps of Nueces.County,Texas; THENCE North 7'along the easterlyboundary of said Lot 1 to the northeast comer thereof; THENCE southeastedV along the southwest right-of-way line of Up River Road to the westerly right-of- way li i f- II f Clarkwood Road, THENCE southwesterty along the west right-of-way line of Clarkwoodo to the northerly right-of-way One of Interstate Highway 37, THENCE northwesterly lon the northeasterly right-of-way One of interstate Highway 37 to the Point of Beginning; Area 3: Lot 1,Block 1,Maney Industrial as recorded In Volume ,Pae 180 of the Map Records of Nueces County,Texas; This document was preparedunder 22 T .21,does not reflect the resultsof an on the ground survey,and Is not to be used to convey or establish Interests in real property except those rights an Interests Implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared, wT - . Russe II 0.Ochs ....•.•.. .. RALS.NS241 t+*:Nc 41 EXHIBIT C- City Ordinance h ,- psi�� /l b l %� �/,� y �if t���� /�� 1N���1?///r /✓/ � ��� � � rlf f Uig 1 sjt` t,�tat,��/:i/✓�/'' /�r�r/riff✓/!�r ,�/� � ��: � rt✓ s tr e is/ i/✓ � � % � � ,r t� �i�i rz� sS��{r��rr �Sfr/t���j{{'��/�`� �`r.�3�lJl�����i rrrrd�' /✓</3/�" {ru `. _ ,. �`s�1�✓N r�yf u�'G�hY y�y7�iSSi�,yN✓i��ly fj;�r�r sr%`'v/ r rs�/u 7���?�' �i Yy ,��.'��" .f f���fj�/f✓�ys�}uy`ll��S�/sfZ>/�s ,!cif �1����/,!✓r'//���`�r�`�f��// /llrif' } �=a,'✓yjrr/3�?j llJ y��y f�G�,y# t / GUN r `l/%t`t?t�t✓sl 5y ty)r¢���' �� ;l,?ky�i��sr 5rt j�«f�G�"ftf�f��2�Us�t>�sjrll`��3��FG��yfP{�/If/���������'�`���✓O, 8���/✓y�7� Q] / r r ✓/ ��t' d�� l � r lsl J ; �� F' r r' F l ✓t � ✓ J f � %�l✓ p }/�G ff'7 f. W �c •�r raiGi ff��l�Oi Sy t•=` rl✓ss }�y mm � � y. /jr j`jr�'�r�,.-l�y� Iyf'` ti`L"�G if if j{`y�k yn� <� /iJ ✓/y / �i s ib S V A i 7y t S IN Y' ./�3 r Sr ✓ I// yf✓/A r✓ � �` � r3P �' / ''✓°/ S � ✓.1J try / // ! 03 .� G /y�s�r� s�� / ✓u✓�'<fyr ��� /aft /l % �/j / 4s cylrlr ✓rr5 r r/ u /r✓ ✓ llj; f ��r S 4 k Se�y�e iN o I rryr ✓/ !' r/ yst- ✓s��l ?' t� 'st z }� '� � ,}✓3 y,� /o - s r £U r' day l rry /.,// y{ '/�f,iN✓�j.illy r/,Ir/ / IN �4 ta, ° �{�i i /is���1 l l l Ffc y�l /5 /%/fGy2�rr�G� S ✓! � 1__ s ��� � `?y'rf/ryj y'; �Ny Js i�liffs y1� £�✓ yUt/l� Ny r � W 3 1 � �r'%ay r }y`1 ly+ttl ✓`�'3Ur�`s r✓r'i y f � � r/'� �r�a rf l�t ✓pIJG syr h r s rR r✓i✓ � �r �,. "✓� r' / r"� y��r�� dr y5R / s�.� /I r G`�tkl." s�%"/�rlt{r�itNri "l r'yirs'r`'2��4�lel syr ✓ //'/r'S� _ � � +�'i ry /' t l t ✓5 i t' ;�' ✓ tl] /✓s✓ar m;` r3srr'/Ql y� v,/t f�s;�}/r✓ U l - ` +� b l�tl° / t yl/ fU✓� / - fi �✓ / / iir y f �� � �,Y i l %ri% ✓` a✓i✓'�` r�G�l�r � 4 °. lir✓y/r 11 1�s'� � �� � ✓N�� D�� r h j�/// � aY t /�?ri s r i/s ✓1 t r r� 3 v.. r g ., Iz- jil 3 hi ." i EXHIBIT C- City Ordinance N /� `r'`,,. ,.r^�"✓.�`ri/; �' { �!7 0% ir�r� rn tf �sub r h ,� r�xi ;t F r rCSt,�,3 terra r l'' f� f>? �,ft���'a�>r�»1 ✓� .,�,f%,r�;za�{S��I�fF{tr`'f��s �fi�rr`r'f?zY,>aSr�tr'r�rz}; N ,d` riu'� .Id, :� � I,° zt�Pr�✓{I > f5s /�����i1 rl✓�� tr�`.�� �f�r�3,�1��`r//s y yr 1u t�rfir r i f .0 .. bsr W Izr Ur��s9�y r e 06 fr ZG f SSC f r ttz rrrk ✓ s S i� �3 ~s f s %f�t"'sr�S3�F���}f�$`�f�?l,��f��I.✓r� `�f%S 1��r�, ^. r � / fc S r 1f f fl s Cf ft LU W 5 �l?�����rFl ��?tfLrs'L f,nj✓ trvf�r�l�f' _ /r/`'�✓/t ;zi�i,��}7`✓'lrQ�i�P�flff 1{lfr��x F{m' �ra rrl`"ra���r��Y{�'t`�srli��rp✓yy£�sl sru /s"`r 9 s ��1/�✓z�yrjl�tl�r�..,,,������s�r�r F?s i��� r�,r'',�3aau' ,yf(SZ''r� �r� f 4�r`7s€�z✓Fr ^'1 s�r ;35r E4 t EXHIBIT C- City Ordinance Corpus i IndustAial District No. Approxinnately 4,157acmof land within NuecesCounty,Texas,outside e citylimits of the City of Corpus Christi and generally boundedon the south by the existingnorth right-of-way line of State Highway No.44,on the west y the east right-of-way of Farm to Market Road 1 (Callicoatte Road),from State Highway No.44 to Swetilck Road(County );on the north by the south right-of-way Swetlick Road,from Farm to Market Road 1694 to Form to Market Road 24(Violet )and on the east right-of-way Ene of Farm to Market Road 24,ftm Swedick Road to the north line of Equistar Chemicals LP,extended westerly to Farm to Market Road 2 ;an the north by the north property line of Equistar Chemicals LP extended from Farm to Market Road 24 to and along the north property line of EquistarChernicalsand extendedeasterly to the present city limit line and an the east by the present city limit line and the easterly right-of-wayline of Rand Morgan Road and being more fully described a5 fblkrw&- Beenning at the Intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No.1 (Callicoatte for the southwest comer of a 2.S acre tract out Lot 4 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County, Texas),described In ens No.2007036659 of the Official Public Records of Nueces County,Texas{Tax I 7 )and for the southwest comer of this . r THENCE,In northerly direction,with the east right-of-way of Farm to Market Road No.1694(CallcoatteRoad), approximately 8,785feet to the Intersection of said east right-of-way line of Farm to Market Road No. 6 (Callicoatte Road)with the south right-of-way t e of Swtli (County o.441,for the northwest comer of a 4.88 acre tract out of Lot 25 of the W.B.Baker Subdivision of the CodyI (Volume 2,Page 16, Map s of Nueces County,Texas),described to Document No.2012000442 f the Official Public Records o Nueces County,Tex a 7 )and for the northwest comer of this District; In an easterly direction,with the south right-of-way line of Swetlick Road(County o. ),at approximately S,144 Net pass the northeast comer of a IS3AI17 acre tract out of Lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition lValume 2,Page 16,Map Records of Nuaces County, s),described I Document No.x 101 / of the Official Public Recordsu un ,Texas(Tax 10 0376-0000-2220)and the westerlyt f y of said Farm to Market Road No.24 tRoad)and continuing In an easterly direction to the east right-of-way of said Farm to Market Road No.2 (Violet )for an interior comer of this District; Ina northerly direction,with the east right-of-way Farm to Market Road No.24(VioletRoad), same being the west boundary of the Equistar Chemicals, 131.49 acre tract,being a ut of Assessors Map 2 , described Document No.2005 3213,Official is Records of NuecesCounty,Texas 10 0270-0040- 0000),a distance of approximate feet forte northwest comer of saiduistar Chemicals, 1. acre tract andfor comer of this District, EXHIBIT C-City Ordinance THENCE,In an easterly directioNit the north boundaryof saidu r Chemicals,LP 13L49acre tract north boundaryof the Equistar Chemicals,LP 333.74 acre tract,being out of Assessors Map145 and out of Tract 12,Survey 412 of the Charles Land,Abstract 8S4,said 333.74 acre tract denribedIn Document MD.19980376- /3Q, 3 - / ,Official Pub4c Records of NuecesCounty,Te ID 0276-0120-M),a distance of approximately 6, et to the intersection of the north boundaryEine of said 333.74 acre with the City of Corpus Christi city limits One,for the northeastr oft ; in a southeasterly direction,with the abovL-roentioned City of Corpus Christi city Ornits tine,at approximately 4,940t pass the approximate center of McKinzie Road and continuingIna southeasterly direction,with the above-mentioned City of Corpus Christi city limits One,a total distance of approximately 1S,290 feet tot the Intersection of said city limits Eine with the existing west right-of-way of Rand Morgan Road,same being the east boundary of a 187.47 acre tract out of Lnts 1 thru 4,Black 403 of the Rowena Shaefer Land (Volume 3,Page7,Map Records $Nueces County, y,described to Document No.2 4422,Official Public Records of NuecesCounty,Texas(Tax 17911-0000-0220)a r a corner of this District; Ina southerly direction,with the existingboundary of said Rand MorganRoad,same beinge east boundaryof said 187A7 acre tract a distance of approximately 64S feet to the Intersection of saidboundary f Rand Morgan Road with the existing north right-of-way line of State Highway 44 for the southeast comer o 7. T acre tract andr the southeast comer of this THENCE,in a westerly direction,with the existing north boundaryof State Hkhway 44,at approximately 7,900 feet pass the approximate center of McKInzIeRoad,at approximately ,1 t pass the approximate ntr o Farm to Market Road 24 jVlolet Road),In all a total approximate is of 23,208 feet tot the Point of Beginning and containing t 407 acres of land. This document was prepared under 22 TAC 3.21,does not reflect the resultsof an an the ground survey,and I not to be used to convey or establish Interests In real property except those and interests Implied or established y the creation or reconfiguration f the boundaryof the political subdivision fbrwMch It was prepared. ,.• 1F. 0a .. ,t�.. Zo 13 Russell s ®..... .......®. RALS.U5241 41 �iu RW EXHIBIT C- City Ordinance �•Y �>�~3';; �:�s �, J tr" w,,r15�%:?£ �,a-�`��Fr�S��Y� ��w7 � •y� I# m j r I d C� 1� � *� C �., ✓✓� �� ;i tie es .a 17, 17A t r ' y.... °vale tl,'i�'?..• � <, ywyc .s,. `_T^ �.:.,3 ✓+..;.'�,� � .9w� +ai {i' , EXEMIT Industrial District Agreement Intentionally not included EXHIBIT C- City Ordinance EXHIBIT D Annexation Petition ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Corpus Christi, Texas, the following described territory, to-wit: NCAD Geographic ID 0276-0145-0040 - ASSESSORS MAP 145 75.58 ACS OUT OF 114.8 AC TR 4 SUR 409 AB&M ABST 555 ICL (FORMERLY 263-145-40) And being more particularly described in the sketch and description attached hereto as Exhibit "A". I hereby certify, under oath, that: (1) BOOTSTRAP ENERGY, LLC IS THE TRUE AND ONLY OWNER OF THE ABOVE-DESCRIBED TRACT OF LAND, and (2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and adjacent to the current city limits of the City of Corpus Christi, Texas. (3) This annexation petition is effective and may be accepted by the City of Corpus Christi under the terms of Industrial District Agreement No. 110B if Bootstrap Energy, LLC fails to make any of the required payments or otherwise defaults. Matthew J. Held, Managing Member STATE OF TEXAS § COUNTY OF § SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by Matthew J. Held, Managing Member, on behalf of Bootstrap Energy, LLC, this day of , 20 , A.D. Notary Public, State of Texas 70.572 ACRE TRACT NUECES COUNTY, TEXAS Page 1 of 1 DESCRIPTION FOR A 70.572 ACRE TRACT A DESCRIPTION FOR A 70.572 ACRE TRACT WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, IN THE SOUTHEAST QUARTER OF THE ADAMS, BEATY & MOULTON SURVEY 409, A-555, NUECES COUNTY, TEXAS, SAID 70.572 ACRE TRACT BEING PART OF A CALLED 114.205 ACRE TRACT AS CONVEYED TO BOOTSTRAP ENERGY, LLC, RECORDED IN DOCUMENT NO. 202208479, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.). SAID 70.572 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "BRISTER SURVEYING" FOUND AT THE NORTHWEST CORNER OF SAID 114.205 ACRE TRACT, LYING IN THE SOUTH LINE OF A CALLED 40 ACRES CONVEYED TO WM MICHAEL MULVEY, CATHOLIC DIOCESE, RECORDED IN VOLUME 1640, PAGE 446, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.) AND RECORDED IN DOCUMENT NO. 2010015615 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.)AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89011'31" E, ALONG THE NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID 40 ACRE TRACT, A DISTANCE OF 1,738.79 FEET TOA 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 114.205 ACRE TRACT, SOUTHEAST CORNER OF SAID 40 ACRE TRACT, LYING IN THE WEST LINE OF A CALLED 742.54 ACRE TRACT CONVEYED TO BRAMAN RANCHES, LLC, RECORDED IN DOCUMENT NO. 2008044426, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.) AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 00045'32" E, ALONG THE EAST LINE OF SAID 114.205 ACRE TRACT AND WEST LINE OF SAID 742.54 ACRE TRACT, A DISTANCE OF 1,974.62 FEET TO A 1-1/2 INCH IRON PIPE FOUND FOR THE SOUTHEAST CORNER OF SAID 114.205 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF A TRACT"B"OF TRACT V AND CALLED 30.41 ACRE TRACT, CONVEYED TO VALERO MANAGEMENT PARTNERSHIP, L.P., RECORDED IN VOLUME 2053, PAGE 302, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), LYING IN THE WEST LINE OF SAID 742.54 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 89025'11" W, ALONG THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND NORTH LINE OF SAID 30.41 ACRE TRACT, A DISTANCE OF 395.66 FEET TO A CALCULATED POINT LYING IN THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND THE SOUTHWEST CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI AND BEING THE SOUTHERN SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; 70.572 ACRE TRACT NUECES COUNTY, TEXAS Page 2 of 1 THENCE, OVER AND ACROSS SAID 114.205 ACRE TRACT AND ALONG SAID CITY LIMITS LINE, THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. N 53034'22" W, A DISTANCE OF 1,087.17 FEET TO A CALCULATED POINT; 2. N 54°03'21" W, A DISTANCE OF 1,137.56 FEET TO A CALCULATED POINT; 3. N 51009'29" W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 4. N 46057'36" W, A DISTANCE OF 66.60 FEET TO A CALCULATED POINT; 5. N 00050'32" W, A DISTANCE OF 8.80 FEET TO A CALCULATED POINT; 6. N 49044'09"W, A DISTANCE OF 16.43 FEET TOA CALCULATED POINT LYING IN THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF LOT 2 OF MCKINZIE ACRES, RECORDED IN VOLUME 42, PAGE 6, MAP RECORDS OF NUECES COUNTY, TEXAS (M.R.N.C.T.) AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89013'21" E, ALONG THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID LOT 2, 28.90 PASSING A 1/2 INCH IRON ROD WITH CAP FOUND AND CONTINUING FOR A TOTAL DISTANCE OF 880.92 FEET TO A 5/8 INCH IRON ROD LEANING FOUND AT AN INTERIOR CORNER FOR SAID 114.205 ACRE TRACT, SOUTHEAST CORNER OF SAID MCKINZIE ACRES AND BEING AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 0004746" W, ALONG THE EASTERN WEST LINE OF SAID 114.205 ACRE TRACT AND EAST LINE OF SAID MCKINZIE ACRES, A DISTANCE OF 250.23 FEET TO THE POINT OF BEGINNING AND CONTAINING 70.572 ACRES OF LAND. (� .0F. rF :9LA �................. l J.M. TUCKER 03/03/2022 Surveying and Mapping, LLC `:qo 5202 +.. ) J.M. Tucker Date 11111 Katy Freeway, Suite 200 �i�,� SEs s���,-�� Registered Professional Land Surveyor Houston, Texas 77079 SUR �� No. 5202—State of Texas TX. Firm Reg. No. 10064300 ��� KAUJwn LRK 1k dR Cr 5EL]Ad..IA'iR �Ct�IC}I�T Ria �4 11 -.2051 Cres i HVWY x J� v� e f Legend INIMETR46LDUrF 0CT R'EWE8TBOUNDARY CTTYUNRTS 777 1NMJS-ML.LD1STRr-r;p2 75.58-ACRE TRACT r Industrial District Agreement Request Project Corpus Christi Energy Park by Bootstrap Energy LLC Industrial District No. 2 Legal Description: ID#2 � • Approximately 4157 acres of land within Nueces County, Texas, outside the city limits of the City of Corpus Christi V:4,. OP O� UpR.r Z N . a r r m iy cFong9 `};. is o ss o, z 3,. z N. HWY 44 A r J m n 4 Industrial District No.2 • Created on December 17, 1980, under Ordinance No. 15898 • Revised on September 17, 2013, under Ordinance No. 029958 • Purposes include: o Support orderly economic growth that increases the standard of living of the community and its citizens and improves the quality of life o The City of Corpus Christi has a number of industries located within its extraterritorial jurisdiction and near its city limits o Some industries make limited use certain municipal services provided by the City of Corpus Christi o City Council is of the opinion that such industries should compensate the City for the benefits received, both direct and indirect, from City services o Serves as a policy to adopt such reasonable measures as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of old industries The Company Bootstrap Energy: Who We Are, What We Do • Master developers of grid connected energy facilities in ERCOT • Experts in site selection, development, design, construction and asset management • Main focus on energy supply and grid resilience, low- and zero-carbon supply resources • Project Developer, Owner's Representative and PM/CM Services • Founders have combined 60 years in engineering and power generation/renewables • Bootstrap principals have been developing and building throughout ERCOT since 2014 • Bootstrap Headquarters are located in Dallas, Texas 1 The Project 8 Phase 1 Project Summary • Total Development of 114 — Acre tract of land (per survey) • Consists of 33.5 acres • Located in Industrial District #2 • Bootstrap will construct a 300 MW substation on part of the 33.5 acres • Compute North will build, own and operate all containers (approximately 150 containers) — 2 MW per container • Compute North will own the containers and rack space that will house computers owned by its cryptocurrency mining clients Infrastructure Investment Description Phase-1 Phase-2 Total Value Substation(Hight to Medium Voltage) 10,000,000 10,000,000 20,000,000 Power Distribution(Medium to Low Voltage) 25,250,000 25,250,000 50,500,000 Land Improvements(civil construction) 7,500,000 7,500,000 15,000,000 Facilities(buildings,cooling) 22,500,000 22,500,000 45,000,000 Real Property 65,250,000 65,250,000 130,500,000 Description Phase-1 Phase-2 Total Value ASIC computers 500,000,000 500,000,000 1,000,000,000 Business Personal Property 500,000,000 500,000,000 1,000,000,000 The investment numbers aren't proportional to land acreage. The Site Corpus Christi Site Benefits1�qq-RP) • The property has three high voltage lines crossing it having a collective 1,189 MW of rated power flow capability (570MW available to us on a firm basis) • These circuits emanate from one of the largest power hubs in South Texas, the retired Lon C. Hill Power Plant (559MW) has eighteen high voltage circuits in and out of the station. AEP's state-of-the-art control center is located here • There are two gas-fired 600 MW power plants located at Nueces Bay and Barney M. Davis on the intracoastal • Over 1,000 MW of wind power on either side of the bay • There are two 500MW gas-fired power plants in Ingleside and Gregory • These gas-fired generators generally run only in summer and occasionally in an extreme winter situation • The McKinzie Road site is one of the most robust areas on the Texas power grid with very high historical reliability (including during Hurricane Harvey) 12 300 MW Substation Locations 114.205 ACBE TRACT 13 Bootstrap's Request Project Requests of the City: Phase 1 — Located in ID#2 Standard IDA Terms Negotiated IDA Terms • 100% PILOT on Land • 100% PILOT on Land • 62.5% PILOT for Improvements • 62.5% PILOT for Improvements beginning at Years beginning at Year 3 • 0% PILOT on Business Personal • 100% PILOT on Business Personal Property at Year 5 Property beginning in Year 1 Project Requests of the City: Phase 2 — Located in Cit Limits outside ID#2 q Y Y Standard IDA Terms Negotiated IDA Terms • 100%on Land • 100%on Land • 100%on Improvements • 100%on Improvements beginning beginning in Year 1 in Year 1 • 100%on Business Personal • 100%on Business Personal Property beginning in Year 1 Property beginning in Year 1 16 Default Terms • Bootstrap Energy LLC agrees to include a petition for annexation for Phase 2 IDA that becomes effective if a default occurs, which would allow for the voluntary annexation of the 75.58-acre tract of land to the City Financial Analysis Project Jobs/Phase *Expect 35 jobs for each site: 1- Site Manager $130,000 2- Electricians $54,088 1-Telecommunications Tech $70,344 31 IT Techs $43,771 Average Wage $47,583 *Jobs created will be employees of Compute North 19 Estimate Property Taxes — Land per NCAD Property Taxes Paid for Phase I Property Taxes Paid for Phase II (Outside Corpus Christi) (Inside Corpus Christi) $3,500 $3,000 $2,978 $2,714 $3,000 $2,500 v $2,500 X X $2,000 $2,000 Y o $1,500 Y $1,500 v o C' a $1,000 a $1,000 - $500 $0 $500 - $218 $0 $0 - Current Year-2022 In-Service Year Date-2024 Current Year-2022 In Service Year Date-2024 20 Revenue Projections: Bootstrap Energy Proposal IDA 110-OUTSIDE CITY LIMITS IDA 110 B—INSIDE CITY LIMITS • Property location for IDA 110 is outside Property location for IDA 1108 is in the city limits the city limits in Industrial District#2 • Current Land market value: $419,922; • Current Land market value: $460,816; Ag/Timber Use Value: $33,675 Ag/Timber Use Value: $15,682 • Current City of Corpus Christi property taxes on • Current City of Corpus Christi property ag value: $218 taxes on ag value: $0 • Values for Land Adjusted based on 3-year • Adjusted for S/L Depreciation of recapture in year 2 only 200,000 units for 5-year useful life • Property ID: 185957 • Property ID: 383009 21 Revenue Projections. Bootstrap Energy Proposal 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 IDA 110-Outside City Limits I Year Year Year Year Year I Year Year Year Year Year 10 Land Value $- $2,978 $3,082 $3,190 $3,302 $3,417 $3,537 $3,660 $3,789 $3,921 Value of Improvements $- $- $- $271,734 $281,244 $291,088 $301,276 $311,821 $322,735 $334,030 Value of Personal Property I $- $- $1,682,985 $1,393,518 $1,093,920 I $1,741,889 $1.454,484 $1,157,020 $849,144 $530,493 $- $2,978 $1,686,067 $1,668,442 $1,378,466 $2,036,394 $1,759,297 $1,472,501 $1,175,668 $868,445 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 Development Inside City Limits I Year Year Year Year Year I Year Year Year Year Year 10 Land Value $218 $8,141 $2,809 $2,907 $3,009 $3,114 $3,223 $3,336 $3,453 $3,574 Value of Improvements $- $- $420,072 $434,774 $449,991 $465,741 $482,042 $498,913 $516,375 $534,448 Value of Personal Property I $2,692,775 $2,229,629 $1,750,272 I 2,787,022 $2,327,174 $1,851,232 $1,358,631 $848,789 Sales Tax I $- $1,497,960 $1,497,960 $1,497,960 $1,497,960 I $1,497,960 $1,497,960 $1,497,960 $1,497,960 $1,497,960 Franchise Fees $6,335,871 $6,335,871 $6,335,871 $6,335,871 $6,335,871 $6,335,871 $6,335,871 $6,335,871 $6,335,871 $218 $7,841,973 $10,949,487 $10,501,141 $10,037,103 $11,089,709 $10,646,271 $10,187,312 $9,712,291 $9,220,643 Totals $218 $7,841,973 $12,635,554 $12,169,583 $11,415,569 $13,126,103 $12,405,568 $11,659,814 $10,887,958 $10,089,088 Revenue Projections: Bootstrap Energy Proposal 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 IDA 110-Outside City Limits I Year Year Year Year4 Year I Year Year Year Year Year 10 Land Value $- $2,978 $3,082 $3,190 $3,302 $3,417 $3,537 $3,660 $3,789 $3,921 Value of Improvements $- $- $- $271,734 $281,244 $291,088 $301,276 $311,821 $322,735 $334,030 Value of Personal Property I $- $- $1,682,985 $1,393,518 $1,093,920 I $1,741,889 $1.454,484 $1,157,020 $849,144 $530,493 $- $2,978 $1,686,067 $1,668,442 $1,378,466 $2,036,394 $1,759,297 $1,472,501 $1,175,668 $868,445 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 2030/31 IDA 1106-Inside City Limits I Year Year Year Year4 Year I Year Year Year Year Year 10 Land Value $218 $8,141 $2,809 $2,907 $3,009 $3,114 $3,223 $3,336 $3,453 $3,574 Value of Improvements $- $- $420,072 $434,774 $449,991 $465,741 $482,042 $498,913 $516,375 $534,448 Value of Personal Property I $2,692,775 $2,229,629 $1,750,272 I 2,787,022 $2,327,174 $1,851,232 $1,358,631 $848,789 $218 $8,141 $3,115,655 $2,667,310 $2,203,272 $3,255,877 $2,812,439 $2,353,481 $1,878,459 $1,386,811 Totals $218 $11,119 $4,801,722 $4,335,751 $3,581,738 $5,292,271 $4,571,736 $3,825,982 $3,054,126 $2,255,256 23 Summary of Financial Analysis ✓ Both Phases in ID 2 PH 1 in ID and PH 2 in City Limits • Projected Revenue over 10 years • Projected Revenue over 10 years Totals$102,231,427 Totals$31,729,918 • 10 Year Average$10,223,143 • 10 Year Average$3,172,992 Having the Development with two IDAs gives maximum tax relief that equates to a property tax, sales tax and franchise fee reduction of $70,501,509 over a 10 year period or$7,050,151 a year. 24 Staff Recommendation 25 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 29, 2022 DATE: March 3, 2022 TO: Peter Zanoni, City Manager FROM: Iain Vasey, CCREDC IVasey(a-)-ccredc.com (361) 826-1677 Andrea Gardner, Assistant City Manager and reaga(a-)cctexas.com (361) 826-3506 Industrial District Agreement #110 CAPTION: Resolution authorizing the execution of an Industrial District Agreement (IDA) 110 with Bootstrap Energy LLC for the Corpus Christi Energy Park. SUMMARY: This resolution authorizes the execution of Industrial District #110 to be included in Industrial District #2 and declares the development as an industrial development. BACKGROUND AND FINDINGS: The project proposed by Bootstrap Energy LLC is planned as a two-phase project that consists of the total 114.205 acres (as surveyed). Phase One consists of 33.5 acres and is currently located in Industrial District No. 2. Bootstrap Energy LLC will construct a 300 MW substation on a portion of the 33.5 acres in which Compute North will build, own, and operate approximately 150 containers (similar in appearance to shipping containers with major venting and fans for cooling) that utilize 2 MW of electric power per container. Compute North is the anchor for Phase One and will own the containers and rack space that will house computers owned by its cryptocurrency mining clients. Compute North is a leading and well capitalized operator in the industry, based in Minneapolis. Phase One is planned to be in service by November 2022. Phase 2 of the project will consist of the remaining acreage and is located contiguous to Phase One. The Phase Two property is currently located inside the city limits and outside Industrial District No. 2. Bootstrap Energy LLC will construct a 250-300 MW power substation on the acreage and has plans to either lease or sell the Phase Two property to a colocation company that will own containers with rack space to house computers owned by various cryptocurrency mining clients. Phase Two is expected to be in service by the end of December 2022. Since electricity is vital to the development, Bootstrap has secured from AEP the necessary Mega Watts of electricity (600MW) to allow for the planned economic development activity. Initially, the development will receive power through a temporary source provided by LCRA. The temporary power source will be replaced in 2024 by AEP's future planned substation. The project will participate in ERCOT curtailment programs in event of power emergency and should not impact grid operation in times of power emergency. No wind turbines will be allowed on the property. Bootstrap Energy, LLC is requesting the City to find the use of the property located in Industrial District No. 2 meets the criteria for industrial development and execute an Industrial District Agreement. Because the property is located in territory not currently within an Industrial District, the City may decide to annex the property into the boundaries of the City or execute a Industrial District Agreement with Bootstrap Energy, LLC. The second part of the Bootstrap Energy, LLC request is to disannex the portion currently located in the city limits, thus allowing for the property to become part of Industrial District No. 2 and execute and Industrial District Agreement. The attached agreement includes Bootstrap Energy's agreement to provide payment in lieu of taxes in the amount of 100% of the ad valorem taxes that would be due if the property remained in the City. The Company also agrees to include a petition for annexation that becomes effective at the time that the Company defaults under certain provisions of the Agreement, which would allow for the voluntary annexation of the 75.58- acre tract of land to the City. As proposed, both phases of the project are planned to create 70-100 new jobs with salary ranges of $50,000 to $80,000 annually, depending on skill levels and certifications. Both phases combined are also projected to generate an average of $3.17 million in new General Fund revenues to the City annually through Industrial District PILOT program for a 5-year total of $12,730,547 and a 10-year total of $31,729,918. Through the Industrial District Agreement, the City would not be obligated to provide any City services, as typically required for new development, to the project. However, staff's financial analysis concludes the City will forego $70,501 ,509 over a ten-year period if the same development were constructed and operated outside of an Industrial District Agreement in the city limits. Subject to these actions being approved by City Council, the developer's implementation schedule for this phase (Phase One) is expected to be completed and in-service by the end of calendar year 2022 for appraisal purposes. The development was first presented to the CCREDC in August 2021 by Bootstrap Energy, LLC, which inquired about the possibility of purchasing the land for industrial use. Bootstrap Energy, LLC subsequently began to conduct independent due diligence on the land and an independent transmission capacity study. In October 2021 , Bootstrap Energy, LLC submitted a formal request to AEP Texas to confirm transmission network load serving capacity consistent with the findings of their independent analysis. Bootstrap Energy, LLC next entered direct negotiations with the property owners, resulting in the seller and Bootstrap putting the land under contract on October 11 , 2021 . On November 10, 2021 , CCREDC representatives met with City to introduce the project and inquire about the City's willingness to disannex the 75.58-acre tract of land and amend the boundaries of the Industrial District 2. Since the November date, City and CCREDC staff conducted research and analysis related to the economic feasibility of the project. The property was purchased by Bootstrap in an all-cash transaction on February 18, 2022 and the new deed was recorded in the Official Public Records of Nueces County on February 22, 2022 (document 2022008479). The Comprehensive Plan classifies this area as light industrial therefore staff finds that the landowner's proposal is largely consistent with the City's intended future development of this part of its ETJ along the interface of Industrial District #2. A facility of the nature of the proposed light industrial development does not involve truck traffic (other than construction phase) or impose burdens on city infrastructure typical of more intensive heavy industrial uses. The McKinzie Road property has been actively on the market since February 2017. Since 2019, CCREDC has been marketing the subject site under its Qualified Sites Program as a prime industrial site since 2019 CCREDC's criteria for attracting industrial development was set as a minimum of 100 acres of land together with all appropriate attributes including power infrastructure vetted by AEP. The contiguous property has been under the same family ownership by descendants of Frank and Isabella Kassner for over 100 years. The total property size was recently surveyed at 114.2 acres. PROCUREMENT DETAIL: N/A ALTERNATIVES: The alternative is to not allow the disannexation of the 75.58-acre tract of land or to amend the boundaries of Industrial District #2. In which case, the property would either continue to be taxed as an AG exempted parcel of land. Because of significant power transmission lines (three) and multiple energy pipelines (31 underground lines) including three major city water mains that are on or directly adjacent to the property. Due to these encumbrances, alternative land uses are exceedingly difficult to develop. Staff reviewed the site with a leading local homebuilder who determined residential would be exceedingly difficult (if not impossible) to develop. HUD financing or guarantees would also be practically unfeasible for any residential due to the immediate proximity to the Enterprise Products Shoup Plant (gas processing) that is designated a major energy production facility. The only real practical development option would be industrial type facilities without large building or manufacturing footprints. FISCAL IMPACT: As proposed, both phases of the project are planned to create 70-100 new jobs with salary ranges of $50,000 to $80,000 annually, depending on skill levels and certifications. Both phases combined are also projected to generate approximately an average of $3.17 million in new General Fund revenues to the City annually through Industrial District PILOT program for a 5-year total of $12,730,547 and a 10-year total of $31,729,918. Through the Industrial District Agreement, the City would not be obligated to provide any City services, as typically required for new development, to the project. 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 the development be classified as light industrial to serve as home to cryptocurrency mining companies, the execution of Industrial District Agreement 110, the disannexation of the 75.58-acre tract of Bootstrap's land and the amendment to the Industrial District 2 boundaries to allow for the Bootstrap development and the execution of Industrial District Agreement 110B. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the execution of an Industrial District Agreement (IDA) 110 with Bootstrap Energy LLC for the Corpus Christi Energy Park. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues and to authorize new industrial district agreements to replace those that were about to expire, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, as amended, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, Bootstrap Energy LLC ("Bootstrap") has purchased a 39.22-acre parcel in Industrial District No. 2 and wishes to enter into an Industrial District Agreement ("IDA") relating to said parcel; and WHEREAS, Bootstrap intends to use the parcel for operation of a cryptocurrency mining facility, of which the majority of the value will be included in business personal property rather than improvements; and WHEREAS, Bootstrap has agreed to include terms in the IDA that require payment in lieu of taxes in the amount of 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries for the land and business personal property value and 62.5 percent of ad valorem taxes that would be due for the parcels were they Page 1 of 3 inside city boundaries for the improvement value beginning in year 3 after the effective date of the agreement; and WHEREAS, the City Council finds that the cryptocurrency mining operation is an industrial use for purposes of the IDA; and WHEREAS, the City Council has determined that this arrangement would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens; Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the subject matter of this resolution. Section 2. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 110 with Bootstrap, which requires Bootstrap to comply with special payment in lieu of taxes terms. The City Manager, or designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi and to file such documents in the official records of Nueces County. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. A true and correct copy of Industrial District No. 110 will be available in the City Secretary's Office after filing. Page 2 of 3 PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 INDUSTRIAL DISTRICT AGREEMENT NO. 110 THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and BOOTSTRAP ENERGY LLC, a Texas Limited Liability Company, Land and Improvements Owner, collectively called the"COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS,the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2 and renamed such areas"Industrial District No. 1 and Industrial District No. 2", herein collectively called"Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. 1 NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein including Section 10.07 of this Agreement,the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non-industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent(100%)of the amount of ad valorem taxes on Land,Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non-industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid,plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an"industry"use,requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent(100%) of ad valorem taxes. Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty(60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the 2 CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or(C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes,but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services.The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2)prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned facilities. Section 1.07 Definitions. A. C.. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction(including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. Improvements in existence or under construction prior to the Effective Date. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the 3 land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements and New Improvements. F. Industrial District. The industrial districts created pursuant to Ordinance No. 029958, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. G. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. H. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. I. Market Value. As determined and defined by NCAD. J. NCAD. The Nueces County Appraisal District and includes its successors and assigns. K. New Improvement. Improvement for which no government permit has been secured and for which construction has not commenced prior to the Effective Date. Article 2 Section 2.01 Term. The term of this Agreement shall begin on the date of last signature following City Council approval ("Effective Date") and continue until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date,but all other terms of this Agreement shall remain in effect for the remainder of the term;provided, however,the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property)located on the Land equal to sixty-two and one half percent(62.5%) of the amount of ad 4 valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first two years after the Effective Date of this Agreement, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvements. Commencing with the third calendar year after the Effective Date of this Agreement,the in lieu of tax payment shall be equal to sixty two and one half percent(62.5%). D. Business Personal Property.An amount in lieu of tax on the personal property equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the business personal property which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. COMPANY must annually report the Geographic ID numbers for all personal property accounts on the Property.Failure to report such accounts or to make payments for any of the accounts will constitute a breach of this Agreement and may trigger acceptance of the COMPANY's annexation petition in accordance with Section 10.07 below. E. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety(90)days after the acquisition of new land by the COMPANY,the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. F. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement(the"Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. COMPANY must include in its Schedule of Value the Geographic ID numbers for all personal property accounts on the Property, whether owned by COMPANY or by a Lessee or tenant. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and 5 under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY or its Lessee or tenant elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below,based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent(15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster,which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15%x City Tax Rate= Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.3 1, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended,using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase 6 in an existing tax exemption enacted after January 1, 1995. COMPANY is liable for all payments for Land, Improvements, and business personal property, whether the individual property is owned by COMPANY or not. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent(100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Section 3.08 Required Development. The COMPANY agrees that it will complete the development of both NCAD Geographic IDs 0276-0145-0040 and 0276-0040-0000 before December 31, 2022 with appropriate improvements and personal property to begin cryptocurrency mining on both tracts. Failure to complete the development of either tract by the deadline, whether subject to this Agreement or its companion agreement (Industrial District Agreement No. 11013), will constitute a breach of this Agreement. If following notice of such breach, COMPANY does not provide an alternative industrial use for undeveloped tract that is acceptable to the CITY within 90 days, the CITY may accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. Additionally, if COMPANY does provide an acceptable alternative development within the 90 day period, but does not complete construction within one year following approval of the alternative development, the CITY may accept COMPANY's petition for annexation and begin annexation proceedings under Section 10.07 below. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within thirty (30) days after the CITY gives written notice of said default to the COMPANY (or, if within such 30 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 30 days)), the City shall have the option to either (1) accept the COMPANY's petition for annexation and commence annexation proceedings, in accordance with Section 10.07 below, and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or(3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien.The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with 7 Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1)judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, except for breach of payment terms which will be handled in accordance with 4.01, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days,which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). If COMPANY fails to cure the default within sixty (60)days,the City shall have the option to either(1) accept the COMPANY's petition for annexation and commence annexation proceedings, in accordance with Section 10.07 below, and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or(3) continue this Agreement for its term and collect the payments required hereunder. Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative,none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten(10)years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default,then such default is deemed waived. 8 Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor,to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto;provided,however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or(2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this 9 Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. The Parties understand that COMPANY intends to sell a portion of the Land and Improvements to its primary tenant, Compute North. COMPANY will, as a condition of sale, require Compute North to provide the CITY with an annexation petition in substantially the same form as Exhibit D for any portion of the Land that Compute North owns. Section 7.015 Covenant Running with the Land. THIS AGREEMENT SHALL RUN WITH THE PROPERTY AND BE RECORDED IN THE REAL PROPERTY RECORDS OF NUECES COUNTY, TEXAS. THE OWNER AND THE CITY ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS BINDING UPON THE CITY AND THE OWNER AND THEIR RESPECTIVE SUCCESSORS, EXECUTORS,HEIRS,AND ASSIGNS,AS APPLICABLE,FOR THE TERM OF THIS AGREEMENT AND CONSTITUTES A COVENANT RUNNING WITH THE LAND. ALL SUCCESSIVE FUTURE OWNERS WILL BE TO THE SAME EXTENT BOUND BY AND WILL HAVE THE SAME RIGHT TO INVOKE AND ENFORCE, THE PROVISIONS OF THIS AGREEMENT AS THE ORIGINAL SIGNERS OF THIS AGREEMENT. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY,in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. In the event that COMPANY's lessee fails to make any required payments after assuming such responsibility, the COMPANY still agrees to annexation by petition in accordance with Section 10.07 below. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. COMPANY is still responsible for payment under this Agreement until the CITY receives an assignment and assumption agreement in accordance with Section 7.02 above. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent(50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. 10 Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including,but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word,phrase, clause, sentence,paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: Mr. Peter Zanoni City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 With copies to: 11 City of Corpus Christi-City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi,Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi-City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 If to Company: Mr. Matthew J. Held Bootstrap Energy, LLC 3838 Oak Lawn Ave., Ste. 100 Dallas, TX 75219 Phone: 310-210-4545 Fax: N/A Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such parry to all of the terms, covenants and conditions contained herein. Section 10.07 Petition for Annexation. COMPANY agrees that failure to timely cure any default in accordance with this Agreement constitutes a petition for annexation. A petition for annexation from the current property owner is attached hereto as Exhibit D and may be accepted by the CITY for purposes of annexing the Property in the event that COMPANY fails to timely cure any default in accordance with this Agreement, including in accordance with Sections 3.01, 3.08, 4.01, or 7.02 above. If the Property is annexed, this Agreement will terminate automatically upon payment of the final PILOT payment due under this Agreement. Annexation does not absolve the COMPANY of the requirement to pay PILOT under this Agreement and the CITY may pursue all remedies in law and equity to collect such past due PILOT payments. The Parties agree that the following disclosure is sufficient for purposes of Section 212.172 (b-1) of the Texas Local Government Code: 12 THE COMPANY IS NOT REQUIRED TO ENTER INTO THIS AGREEMENT AND HAS CHOSEN TO DO SO OF ITS OWN FREE WILL. AT THE TIME OF THIS AGREEMENT, THE CITY HAS THE AUTHORITY TO ANNEX THIS PROPERTY EITHER BY REQUEST OF THE OWNER UNDER SUBCHAPTER C-3 OF TEXAS LOCAL GOVERNEMENT CODE CHAPTER 43 OR WITHOUT THE REQUEST OF THE OWNERS UNDER SECTION 43.0116 OF THE TEXAS LOCAL GOVERNMENT CODE. THIS AGREEMENT OFFERS COMPANY PROTECTION FROM ANNEXATION UNDER SECTION 43.0116. IN EXCHANGE FOR THAT IMMUNITY, THE COMPANY REQUESTS ANNEXATION THROUGH PETITION IF COMPANY FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS AGREEMENT. IN THE EVENT THAT COMPANY TRIGGERS ANNEXATION UNDER THIS SECTION 10.07, THE CITY WILL ACCEPT THE ANNEXATION PETITION AND PRESENT AN ANNEXATION ORDINANCE TO CITY COUNCIL FOR APPROVAL FOLLOWING A PUBLIC HEARING. NO FURTHER CONSENT OF THE LANDOWNER IS REQUIRED FOR ANNEXATION BY PETITION. THE CITY WAIVES IMMUNITY FROM SUIT ONLY FOR PURPOSES OF CHALLENGING AN ANNEXATION IN ACCORDANCE WITH THE ATTACHED PETITION. Section 10.08 Effect of Future Laws.No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 13 ENTERED into this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Constance P. Sanchez, Chief Financial Officer LEGAL FORM APPROVED of ,20 Aimee Alcorn-Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 20 , by Constance P. Sanchez, Chief Financial Officer of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 14 ATTEST: LAND AND IMPROVEMENTS OWNER Bootstrap Energy,LLC By: Name: Name: Matthew J. Held Title: Title: Managing Member LAND AND IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on day of 20 , by Matthew J. Held, as the Managing Member of Bootstrap Energy, LLC, a Texas Limited Liability Company, on behalf of said company. Given under my hand and seal of office this day of ,A.D., 20 . Notary Public, State of Printed Name: My Commission expires: 15 EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District Nueces County Appraisal District EXHIBIT A Industrial District Agreement#110 Geographic IDs Bootstrap Energy, LLC Legal Description ASSESSORS MAP 145 39.22 ACS OUT OF 114.8 AC TR 4 0276-0040-0000 110 Outside Land SUR 409 AB&M ABST 555 OCL EXHIBIT B Schedule of Value CITY OF CORPUS CHRISTI INDUSTRIAL DISTRICT SCHEDULE OF VALUE Company Name: Contract Number Contact Name: As of 1/1/2015 Telephone: Due 8/31/2015 Address: Address: Geographic ID ####-####-####or Description Land Pre 2007 2008 2009 2010 2011 2012 2013 2014 Total ia-aaaaaaa-#### 2007 Total a duly authorized official of the above company,do swear that the information provided is accurate to the best of my knowledge. Signature of Authorized Official Date Email Printed Name Authorized Official's Title Sworn to and subscribed before me by on this day of 20_ (Personalized Seal) Notary Public's Signature 1of1 EXHIBIT B-Schedule of Value EXHIBIT C City Ordinance Creating Industrial Districts N AN ORDINANCE AUTHORIZING THE REESTABLISEUAENT OF LAND DESIGNEE,AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER,OR TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS LOCATEDPROPERTY OWNERS JURISDICTION OF THE CITY der Texas LocalGoverment Code Chapter 42, Subchapter 42.044, the Governing y of any city has the right, power and authorityto designate any pan of the area located in its extraterritorialjurisdiction d District and to treat such area fiorn time to time cgoverning y may deemto be in the best' of the City,and included in such rights and powersof the governing body of any city is the permissive ri t and power to enter into written agreementsowner or owners of land in e extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city fora period of time, and other such terms and considerations as the part' t deem appropriate;and WHEREAS,it is the established policythe City Council of the City of CorpusChristi, Tex ( "City), to adopt reasonable measures permittedw that will tend to enhance e economic stability d growth of the City and its environs y attracting the location of new and e expansion of existing industries therein as being in the best interest of the City and its citizens; der said policy and the provisions of Section 42.044, Texas Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, app v November 2 , 1980, as amended, its willingness to enter into industrial 's 'ct agreements with industries located within its extraterritorial jurisdiction and desi ti e specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2;and in order to correct certain boundaryissues, the City Council desires to reestablished a boundaries of the land areas knowno Christi veto t Area . 1 and Corpus Christi IndustrialDevelopment Area No. 2 and renamed such areas "Industrial District No. 1"and"Industrial District No.2";and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF US CHRISTI, . SECTION 1.The findings contained in the preamble of this Ordinance e determined to be e and correct and are hereby adopted a part of this Ordinance. EXHIBIT C- City Ordinance SECTION 2. Industrial District 1 and Industrial District2 are herbylis described in EAMLA attached e t incorporated e . SECTION 3. The City create new Districts, expand or diminish the size of any Industrial District and the Citye e I rights and powersit may haveor acquireto revoke in ole or in e creation of all or any part of an Industrial District, except to the extent that it has agreednot to do so in any industrial districtagreement. SECTION 4. The City Councilauthorizes a entering of contractual obligations with property owners 't jurisdiction of the City substantially e form as showne document which is attached hereto and incorporated hereini e City Manager, or his designee, is herebyauthorized execute c documents1 related documentson behalfof the Cityof Corpus Christi.The City Secretary is herebyto attest to all such signatures o affix the seal of the City to all such documents. THEME, MartinezI OF CORPUS CHRISTI OF CORPU G a a l — - ------- Armando City e or That e J�egoing dinance was, d for the first time and passed to its secondon this e_ro day of y the following vote- Nelda Martinez aqL Chad Magill Kelley Allen 2 ColleenMcIntyre Rudy Garza Lillian `oj Priscilla Leal AL Mark Scott David EXHIBIT C- City Ordinance That the pin Eft a r the second time and passed finallyon this the-nt�� day f giby the fbilowingvote® Nelda `ll Kelley Allen Colleen McIntyre Rudy Garza Lillian ° j Priscilla Leal Mark S David PASSED AND APPROVED,this e_]Iy of �4 Armando a Nelda City ecyr r EXHIBIT C-City Ordinance Boundaries of Industrial District 1 and Industrial District 2 EXHIBIT C- City Ordinance Corpus Christi Industrial District .1 Approximately 9,775 Acres within Nueces County,Texas,outside the city limits of the City of Corpus Christ!and generallybounded on the southwest by the northeast right-of-way of Interstate oA 7,on the northby the south shoreline of the Nueces River and NUKU Bay,an the West by the East right-of-way of Carbon Plant Road(Joe Fulton Corridor)from Interstate Highway No.37 to McKinzie Lane and the northright-of-way of Mckinzie Lane ftm the east right-of-way of Carbon Plant Road to the east property line of the Citys Allison Wastewater Treatment Plant and along the east property line of e s Allison Wastewater plant from McKinzieLane to the Nueces River. 1} BEGINMNG at the northeast comer of Tract'r,Nueces View Tracts as recorded In Volume 28, Page of the Map fteords.of Nueces County,TX,same being the northeast corner of the Cl Allison WastewaterTreatment Plant; 2} THENCE In an easterly direction with the meanders of the southshoreline of the Nuaces River and Nuecesto the northwest comer of Block 1,Lot 150 of the Porto Bello Subdivision as recorded In Volume 47,Pages 144-145 of the Map Records of Nueces County,Texas; } southwesterly alorig the westerly boundary fine of the Porto Bello Subdivision to the southwesterly r of Lot 1,Block 1; } THENCE southeasterlyalong the southerly boundaryline of said Lot 1 to the current City Limits f the City of CorpusChristi; S} THENCE southwesterlyalong said City Limit line to a point wheret centerline of Avenue" intersects the northerlyright-&-way line of Burleson Street; } THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1,Black 174 of the Brooklyn Addition as recorded in Volume A,Page 32 of the Maps of Nuaces County,Texas, 7} THENCE northeasterly through said Block 174 to the northwesterly comer of Lot 1 : } THENCE southeasterlyalong the northeasterly u line of said Lot 11 to the northeasterly comer thereof; } THEria northeasterly along the northwesterly right-of-way line of Avenue"H"to a point on the northerly n a Ineofa 6.19 AcreTract oTract" "of the BrooklynAcreage; 1 northwestedy along northeasterly boundary of said Tract" "to the northwesterly corner thereof, 11}THEma southwesterlyalong the westerly boundary of said Tract"A"and the continuation thereof to the southerly right-of-way of Burleson Street-, EXHIBIT C- City Ordinance }THENCE southeasterlyalong the southerly right-of-way of BurlesonStreet to the centeriine of Avenue"F"; }THENCE southwesterlyalong the centedine of said Avenue"F"and the extenslon thereof to a int an the original City Limit line s surveyed C.F.H.Van Boucher In August,1683, 14}THENCE westerlysold originaiawLimit Kne to the northwest comer thereof, }THENCE southerly continuing lon said original City Limit line to the north comer of a 13.602 acre tract annexed by City Ordinance 0022441, 161 THENCE around said 13.602 acre tract: 53 V41'4 SffW a distanceof 'to a point on the northwesterly right-of-way line of the Missouri Pacific railroad. 1027'47" a long said right-of-way a distance of 290.3W 561023'34"E continuing along said right-ofright-of-wav a distance of 175.07' 531*IVOVW crossing i right-of-way a distance of 130.09 to a point, 1 3'3 a distance of 795'to a point, S3V4V4S"W a distance of 'to a t; SS911WIVE a distance f .24'to a point on said original City Urnits, 17)THENCE southerlycontinuing along saidoriginal it line to the north corner of a 0.0018 acre tract annexed by City Ordinance 402244 1; 16)THENCE and said 0.0018 acretract: S27*34*3(rWa distance of 16.Sir 16. to a point, 55 °1 '1 "E a distance of 937'to a point on said original City Limits; 1 )THENCE southerly continuingalong original City I.InAt line to a point an the northwesterly right-of-way Una of Nuecesa oulevvr ; 2 }THENCE southwesterlyalong the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly comer of Tract 1,Pontiac Tracts in Volume 57 Page 64 of the Map Recants of Nueces County,Toms; 21)THENCE around i Tract 1: 5 ° a distance of 'to a point at the nortmrly,corner thereof, SWIVOWW a distance of 171.81'to an angle pointtherein; 534OS9'120W a distanceof 96.43'to a point at the westerly corner thereof,being on the northeasterly boundary fine of the Baymoor Addition as recorded in Volurm 4,Page 42 of the Map Records of Nueces County,Texas; }THENCE northwest along the northeasterly boundary fine of said BaymoorAddition to the northwest corner of Lot 205,same point being a northerly comer of Tract'H*of the Pontiac Tracts as recorded In u °Page 135 of the Map Records of Nueces County,Texas, }THENCE 522"42*3CrWalong i Tract OW a distance of 31.49'to an angle point therein, EXHIBIT C- City Ordinance j THENCE northwesterly ssiBuddy Lawrence Drive and Oak ParkAvenue to a point an the northeasterly boundary line of Lot 7,Block 2 of Oakn Addition as recorded In Volume S, Page 27 of the Map Records of NuecesCounty,Texas,same point being at the southeast terminus of Naokes Street as shown on Plat of HarborView Estates recordedto Volume ,Page 48 of the Map Records of Nueces County,Texas; }THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly comer thereof. 26)THENCE northweaerly alang the northerly boundary line of said Harbor View Estates and the extension thereof,partially along the centerline of Gibson Street,to a point on the west right-of- way line of Path Lane; 27 northeasterly along the west right-of-way line of Poth Lane to the northeasterly er of land of Magellan Terminal Holdings, s described in Documents#2=020907 and H1999033783 of the Oftlal Public Records of Nueces County,Texas; }THENCE northwesterly along the northeasterly boundary One of said Magellan Terminal Holdings LP to a point on the souther right-of-way line of the Missouri Pacific Railroad; Z )THENCE southwestertyalong i ut righ"f-way line to the northwesterly boundary One of id Magellan Terminal Holdings,LP to a int; 0 THENCE southwesterly along the westerlyboundary line of said Magellan Terminal Holdings,l to a point where the northweMrly boundary One of Country Club Place as recorded in Volume 4,Page 3 of the Maps of Nueces County,Texas,meets the northerly ht- f-way line o Interstate Highway 37; 31}THENCE northwesterly along said northerly right-of4ay to Its intersection with the northeasterly right-of-way line of Up River Road O Road); z j THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly comer of lot 3,Navigation Heights Annex#3 as recorded in Volume 40,Page of the Map Records of Nuems County,Texas; j THENCE around said Lot : 017'2 i nce of 177.9S'to a point at the northeasterly comer thereof, NS3"3W3D"Wa distance of .97'to the northwesterly er thereoP, 51 3' a distance of 176.57'to the northeasterly right-of- of Up River Road, 34)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the east ht-cf-way line of Cantwell ; 35)THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary of a 3.37 Acre tract of landout of Share 3A of the Kaler Tract" (unrecorded plat) EXHIBIT C- City Ordinance northwesterly across saidright-of-way and along the northerly boundary line of said 337 Acre Tract(tax 1 3 7 3 Q)to the northwesterly comer theroF, 7)THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, ler Partition as shown on plat thereof recorded in Volume 9,Page SEI of the Map Records of Nueces County,T ,to a point an the northeasterly right-of-way line ofp Riveroad; 38)THENCE northwesterly a€ i northeasterly right-of-way I of p r ad e easterly extension of right-of-way y to a 1 Acre tract of land out of Lot 1,Block 1,Coastal Javelins Addition as recordedin Volume S4,Pae 56 of the Map Records of Nueces.County, Texas,said i Acre tract describedby metes and bounds In City Ordinance#02B451; 39)THENCE southwesterly across saidUp River Road and along I easterly right-of-way line to the north boundary line of said 1 t platted,see tax ID 1661-OM-0012 and Document 42 372 of the Offidal Public Records of Nueces County,Texas), j THENCE easterly,southerly,westerly,and northerly u 1 Acre tract to the southerly right-of-way srvin I tract, 1)THENCE westerlyalong southerly right-cf-way line to the west boundaryline of said lot 1, Block 1; 42)THENCE northeasterly Wong said west boundary line of said Lot 1,Block 1 and the extension thereof to a point on the northeasterlyright-of-way One of Up RiverRoad; 43)THENCE northwesterly along easterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of Countyd ; j THENCE southwesterlyacross said r Road and along said rl right-of-way One of County a 2A to Its term Inus. S southeasterly along sold right-cf-way and along southerly boundary of a 13.28 tract out of the Ohler Tract of the Dunn Tract and described In Omment 92004014391 of the Official Public RecoWs of Nueces County,Tows,to a point on the northwesterly boundary line f Block 6,AcademyHeights Unit 1 as recorded In Volume 26,Pae SS of the Map Records of Nueces County,Texas, }THENCE southwesterly along said northwesterly bounds line of Academy Heights Unit 1 an along the northwesterly un a One of Academy Heights Unit 2 as recorded In Volume 42, Pae 186 of the Map recordsof Nueces County,Texas to a point an the northerly t-cf-way line of Interstate Highway 7; 4 northwesterly along right-of-way One of Interstate Highway 7 to the southeasterly boundary line of lot 1,Block 3 of the Interstate Industrial Complex as recordedIn Volume 2, Page 36 of the Map Recoded of Nueces County,Texas, 4 )THENCE around id Lot 1: NOO'39'47NE a distance of 300.W to a point at the northeasterly co rner thereof, EXHIBIT C- City Ordinance NB(rSr2S"Wa distance of 519.6W to the northwestedy comer thereof, SW44'41OW along the east right-of-way of Corn Productsad a distance of to the northerly right-of-way of Interstate 37; )THENCE northwesterly in said Corn Products Road and continuing along right-of-way line i ht-of- line of Interstate W8hwaV 37 to the southwesterly boundary line of Lot 1 of the Interstate Industrial Complex Unit 1 as recordedIn Volume 34,Page 24 of the Mapd of Nueces County,Texas, )THENCE northwesterly l the east right-of-way p 1Boulevard the southwesterly un One of Lot 26,Block 1 of said Interstate Industrial e ; 51)THENCE northeasterlyalong the southeasterly boundaryOne of said Lot 16 to the southeast comer thereof-, 52)THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of lot 1 ; 3}THENCE westerly along point of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof }THENCE southerlyalong the west right-of-way of Complex Boulevardto a point on the northerly right-of-way of Interstate Highway 7; 5S)THENCE northwesterly alongiright-of-way line of Interstate Highway 37 to the easterly right-of-way of Southerni a }THENCE northerly along the east right-of-way line of Southern MineralsRoad to the southerly right-of-way line of Up River ; S7)THENCE southeasterly the southright-of-way g f Up River Road to the northwesterly comer of Lot 1,Glork 1 of the Missouri Pacific Industrial Area as Recordedin Volume S2,Page 63 of the Map Recordsof Nueces County,Texas, SO)THENCE around said t 1: 1 a distance of 437.96'to a point at the southwesterly comer thereof- SS4*44'47E a distance of 172.72'to the southeast"comer thereof, 01 a distance of 507.9W to a point on the southright-of-way line of Up River Road, 591 THENCE southeasterly along the souright-of-way line of Up River Road to the northwesterly comer of a 3.75 Acre tract of land describedin Document N200100777 of the Official Public Records of Nueces County.Texas; j THENCE around said tract southerly,southeasterly,and northerly,crossing Up River Road to a int an the north right-of-way thereof, j THENCE northwesterly along right-of-way On of Up Rarer Road to its Intersection of the west right-of-way line of Southern Minerals ; EXHIBIT C- City Ordinance 62)THENCE southerly along t right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63)THENCE northwesterly along i d t-of line of interstate Highway 37 to the southerly comer of Lot 7.Black 1,GaIdston Addition as Recorded In Volume SS,Pae 87 of the Map Records of Nueces County,Texas; 64)THENCE and said Lot 7 northerly,westerly, uth rl to a paint on the no right-of- way line of Interstate Highway 37; 6S)THENCE northwesterly said right-cf-way line of Interstate Highway 7 to the easterly right-of-way line of Hunter Road, 66)THENCE northerly along the east right-of-way One of Hunter Road to the southwesterly comer f a tract of land described In Document 0201202256D of the Official Public Res of Nueces County.Texas(Tax ID 0272-0100-0300); 67)THENCE easterly along the south boundary One of said tract to the southeast comer the f, 66)THENCE northerly along east boundary line of said tract and along the east boundaryline o a tract of land Document#2012022S60 of the Official Public Records of Nueces County,Texas 10272 2 69)THENCE northwesterly and westerly along the north boundary line of said tract to the east right- of-way i t- of- a line of Hunter Road; 7 )THENCE northerly along east right-of-way line of Hunter Road to Its intersection with the south right-of-way line of Up River Road; 71)THENCE southeastedyalong the south right-of-way line of Up River Road to the northwest comer of Lot 3,P.V.Alexander as shown on Volume 34,Pae 16 of the Map Records of Nueces County,Texas; 72)THENCE southwesterly the west boundary line of saidt 3 to the southwest corner thereat 73)THENCE southeasterly alongthe southwest boundary fine of said tract and along the southwest boundary fine of a tract of land describedDocument#2012022S60 of the Official Public Records of NuecesCounty,T (Tax 10 0272-0100-0000); 7 )THENCE easterly along the southerlyboundary line of boundary One of a tract of land In Document 12012022SGD of the Official Public Records of Nuecas County,Texas(Tax 10 0272- MOD-0400): 7 )THENCE northerly along east boundary line of said tract and crossingRiver Road to a int on the north right-cthereof; EXHIBIT C- City Ordinance }THENCE northwesterlyto the north right-of-way line or up River Road to Its Intersection of e west rlghtline of Hunter Road, }THENCE southerly crossing iveli Road andalong the west right-of-way line of Hunter Road to Its Intersection with the north right-of-way line of Interstate 7, 78)THENCE northwesterly along ht-of y One of Interstate Highway7 to the southeast comer of Lot 2,Block1,Hunter Industrial Pa as recorded to Volume 43,Page 129 of the Map Records o un ,Texas, 7 }THENCE northerlyeast boundaryline of said t 1 to its Intersection with the South right-of-way line of Up River Road. }THENCE northwesterlya the south right-of-way tine of Up River Road to Its Intersection of the west right-of-way One of Suntl aRoad; 1}THENCE northwestesiV crossing iver Road to the Intersection of the west right-of-waV line of 5ntl a Road meets the north right-of-way of Up River Road, 2southeasterly crossing Suntide Road to the Intersection f the east right-of-way line of unti a Road meets the north right-of-way of Up River Road, }THENCE northerly along the eastright-of-way One of Suntwe Road to the southwest comerof an unplatted tract of land described in Document N946726 of the Official Public Records of Nueces. County,Texas 10 0267-0002-OOW); }THENCE around id tract easterly,northerly,and westerly crossing Suntide road to a point on the west right-of-way line thereof }THENCE southerlyalong the west right-or-way line of 5untide Road tot the northeast comer of West End Heights as recorded In Volume IS,Page 4 of the Map Recordsf Nueces County, Texas, }THENCE aroundI est End Hi Sa!r3S'W a distance of 57453'to a point at the northwest comer thereof, 500251 a distance of 927.92'to the southwest comer thereof,being on the northeast right-of- way of i t-oyot Up River Road; } THENCE southeasterlyalong the northeast right-of-way Eine of Up River Road to the extension of the easterly and line of an unplatted tract of land describedDocument N2020040428 of the Official Public Records of Nueces County.Texas(Tax ID 6 7 ); }THENCE southerly,crossing River Road,and along the east boundaryOne of said unplatted the southeast comer thereof, 89)THENCE northwesterly along the southwest boundary One of said unplatted tract and of an unplatted tract of land described In Document 11979850 of the Oflicial Public Records of Nueces County.T 10 79464=-3710) the southwest comer thereof, EXHIBIT C- City Ordinance 9 northerly along the west boundaryline of said tract andeast boundary line f Tubso RoadSubdivision as recorded in Volume 13,Page 23 of the Map Records of Nueces County,Texas to the northeasterlycomer thereoP, 91}THENCE northeasterlyto r road to the southeasterly corner of an unplatted tract of land describedIn Document N2010040428 f the Official Public Records of Nueces County, Tex (Tax ID 0265-0040-01W)to the southeastcomerther P, }THENCE northwesterly along o ea a right-of-way er Road to Its Intersection with the northerly extension of the westerly right-of-way of TulosoRoad; 3}THENCE southwesterlycrossing Up River road to the northeasterly comerot Lot 1,Block 1, Covington Industrial Tracts co In Volume 4 ,Page 22 of the Map Records of Nueces County, s; 4}THENCE around i CoAngton Industrial . 500*03'140W along the westerly right-of-way line of Tuloso Road a distance of 487.7W to a point at the southeasterly comer ; 60ist a of southwesterly comer thereoF, N00003'14"E a distance of 50S.29'to a point on the southeasterly right-of- Up RiverRoad; 9 }THENCE northwesterlyalong the southeast rightmof-way line of Up River Road to the northeasterly comer of an unplatted tract of land describedDocument N2010040428 of the Official Public Records of Nueces County,Texas I 201; )THENCE southerlyalong e easterly boundaryline of said unplatted ct to the southeast comer thf; }THENCE northwesterly alon e southwest boundaryline of said unplattedand of an unpletted tract of land described In Document#2010040428 of the Official Public Records of Nueces County,Texas 10 7946-0000-MIO)to the southwest comer thereof; 9 southerly along the easterly line of an unplatted tract of land described in 'Document#2004032460 of the Official Public Records of Nueces County,Te `flax 17 4 - 3641)to the southeast comer thereof, }THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said un tied tract to the southwesterly comer the of; 0} THENCE northerly along the westerly boundarytine of sold unplatted tract and of an unplatted tract of land described In nt 02004031460 of the Official Public Records of Nueces County,Texas ax ID 794 )to the northwest comer thereof, 1 1} THENCE northwesterlyalong the southeast right-of-way line of Up River Road to the northeasterly er of an unplatted tract of land described In Document#2007056023 of the Official Public Records of Nueces County, ! 0. ; EXHIBIT C- City Ordinance 1 ) THENCE southerly along the easterly boundarytine of saidnl tract to the southeastcomer thereof, Z j THENCE northwesterly along the northeastedy t-at way of interstate Highway 37 and the southwest boundary One of said unplatted tract and of an unplatted of land described In Document#2007056023 of the Official Public Records of Nueces County,Texas ax 10 7 3510)and of an unplatted tract of land described in Document N2MOD40428 of the Offidal Public Records of Nueces County,Texas ax ID 80574XN)0-0012)to the southwest comerthereof, 1 ) THENCE northerly along e westerly boundaryline of said unplatted tract and of an unplatted tract of land described In Document#2010040428 f the Official Public Records of Nueces County,Texas ID 8057-0000-0100)and of an unplatted tract of land describedI Document N2010040428 of the Official Public Records of Nuecas County,Texas(Tax ID 8057- 0000-W10)to the northwest comer thereof, 10S) THENCE northeasterly crossing River Road to a point an the westerly right-of-way line of Renfrow lane; i ) THENCE northeasterly along the westedy right-of-way line of sold Renfrow Lane to Its Intersection with northeasterly comer of an unplatted tract of land described In Document 112M0040428 of the Official Public Records of Nueces County,Texas(Tax 10 0271-0042-0000); 1 ' THENCE westerly,so uthwestedy,northwesterly,and southwestedy to a point on the northeast right-of-way of Up River Road, log) THENCE northwesterly along a northeast right-of-way line of Up River Road to the southeasterly comer of Lot 1,8.1ock 1,Te tote Tract as recorded In Volume 5 .Page 100 of the Map Records of Nueces County,Texas, 1 ) THENCE northerly along the east boundary line of said Lot 1 to the southwesterlyr of an unplatted tract of land describedIn Document 92020040428 of the Official Public Records of Nueces County,Texas 10 026"140-0200); llo) THENCE easterly,northeasterly, to and southerly to the northeast comer of sold Te tote Tract, j THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described In Document U2010OW29 of the Official Pu Ik Records of Nueces County,Texas 10266-0010-030S)t a northwest r ftreoP, 112) THENCE southerly the westerly boundaryline of said unplatted lot to a point on the northeast right-of-way of Up River Road, in) THENa northwesterly along the northeast right-of-way One of Up River Road to Its Intmection Withthe westerly dght-or-way fine of Heams Ferry Road; EXHIBIT C- City Ordinance } THENCE northwesterly along the southwest right-of-way tine of Heams Ferry Roadto the northeast comer of tat 7.Awkerman Garden Lots as recorded In Volume 4,Page 3B of the Map e s of Nuaces County,Texas, } THENCE southerlyn easterly boundary line of sold Lot 7 to a point on the northeast right-of-way line of Up RiverRoad; 6) THENCE northwesterly alwg the northeast qht-of-way line of Up River Road e southwesterly er of Lot 6 of said Awkerman Garden ; 7) THENCE northerly along the westerlyn tine of sold Lot 6 to a point on the southwest right-of-way,tine of Heams Ferry Road; } THENCE rte erl utwea right-of-way line of Hearns Ferry Road to e northerly boundary tine of the said AwkermanGarden ; } THENCE westerlyalong the north boundary line of the said Awkerman Garden and e extension thereof to a point on the northeasterly right-of-way line of Up River Road where It meets Interstate Highway 3 ; 120) 'THENCE northwasterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterlyboundary lineof an unplatted tract of land In Document N201004042B of the Official Public Records of Nueces County,Texas(Tax I ); } THENCE around saidunplatted ct northerly,nanhwesterly,southwesterly,and southerly to o point an the northeasterlyright-cf-way of Interstate Highway 37; } THENCE northwest"along the northeast right-of-way line of Int" to Highway 37 to the southeasterfV boundaryline of an unplatted tract of land describedIn Document OZOOS047494 of the Official Public Records of Nueces County,Texas(Tax I 0268-0060-0003); } THENCE around said unplattedtract northeastefterly,southwesterly,and southeastedy to a point an the northeasterly rl ht-of ay of interstate Highway 7; 4) THENCE northwesterlyalong the northeast right-of-wayline of Interstate Highway 37 to Its Intersection with the easterly right-of-way kne of Carbon Plant Road(Joe Fulton Corridor),* 12S) THENCE northeasterly n the southeast right-of-way line of Carbon Plant Road(Joe Fulton r)to Its tern n with the northerly right-of-way line of Mckinzie Lane; 12 6) THENCE northwestedy along the northeast right-of-way line of Mckintle Lane to Its intersection with the southeasterly comer of the Allison Wastewater Treatment Plant; 71 THENCE northerly along the easterly a line of the Allison Wastewater Treatment Plant to the south shoreline f the Nueces River and Point of Beginning and containing Acres more ofless; Together with 3 Island parcels described as to s: EXHIBIT C- City Ordinance Area 2.73 acres out of Lot 2,Block 1,StatewaV Subdivision as recorded in Volume ,Pae 90 of the Map Records of Nueces County,Texas. Said 2.73 Acres beingfurther described to Document#2011026606 of e Official Public Records of Nuecas County,Texas. Arn 2: Beginning at the southeast comer of Lot 1,Block 1,Stateway Subdivision as recorded to Volume Page 12 of the Maps of Nueces.County,Texas; THENCE North 7'along the easterlyboundary of said Lot 1 to the northeast comer thereof; THENCE southeastedV along the southwest right-of-way line of Up River Road to the westerly right-of- way li i f- II f Clarkwood Road, THENCE southwesterty along the west right-of-way line of Clarkwoodo to the northerly right-of-way One of Interstate Highway 37, THENCE northwesterly lon the northeasterly right-of-way One of interstate Highway 37 to the Point of Beginning; Area 3: Lot 1,Block 1,Maney Industrial as recorded In Volume ,Pae 180 of the Map Records of Nueces County,Texas; This document was preparedunder 22 T .21,does not reflect the resultsof an on the ground survey,and Is not to be used to convey or establish Interests in real property except those rights an Interests Implied or established by the creation or reconfiguration of the boundary of the political subdivision for which It was prepared, wT - . Russe II 0.Ochs ....•.•.. .. RALS.NS241 t+*:Nc 41 EXHIBIT C- City Ordinance h ,- psi�� /l b l %� �/,� y �if t���� /�� 1N���1?///r /✓/ � ��� � � rlf f Uig 1 sjt` t,�tat,��/:i/✓�/'' /�r�r/riff✓/!�r ,�/� � ��: � rt✓ s tr e is/ i/✓ � � % � � ,r t� �i�i rz� sS��{r��rr �Sfr/t���j{{'��/�`� �`r.�3�lJl�����i rrrrd�' /✓</3/�" {ru `. _ ,. �`s�1�✓N r�yf u�'G�hY y�y7�iSSi�,yN✓i��ly fj;�r�r sr%`'v/ r rs�/u 7���?�' �i Yy ,��.'��" .f f���fj�/f✓�ys�}uy`ll��S�/sfZ>/�s ,!cif �1����/,!✓r'//���`�r�`�f��// /llrif' } �=a,'✓yjrr/3�?j llJ y��y f�G�,y# t / GUN r `l/%t`t?t�t✓sl 5y ty)r¢���' �� ;l,?ky�i��sr 5rt j�«f�G�"ftf�f��2�Us�t>�sjrll`��3��FG��yfP{�/If/���������'�`���✓O, 8���/✓y�7� Q] / r r ✓/ ��t' d�� l � r lsl J ; �� F' r r' F l ✓t � ✓ J f � %�l✓ p }/�G ff'7 f. W �c •�r raiGi ff��l�Oi Sy t•=` rl✓ss }�y mm � � y. /jr j`jr�'�r�,.-l�y� Iyf'` ti`L"�G if if j{`y�k yn� <� /iJ ✓/y / �i s ib S V A i 7y t S IN Y' ./�3 r Sr ✓ I// yf✓/A r✓ � �` � r3P �' / ''✓°/ S � ✓.1J try / // ! 03 .� G /y�s�r� s�� / ✓u✓�'<fyr ��� /aft /l % �/j / 4s cylrlr ✓rr5 r r/ u /r✓ ✓ llj; f ��r S 4 k Se�y�e iN o I rryr ✓/ !' r/ yst- ✓s��l ?' t� 'st z }� '� � ,}✓3 y,� /o - s r £U r' day l rry /.,// y{ '/�f,iN✓�j.illy r/,Ir/ / IN �4 ta, ° �{�i i /is���1 l l l Ffc y�l /5 /%/fGy2�rr�G� S ✓! � 1__ s ��� � `?y'rf/ryj y'; �Ny Js i�liffs y1� £�✓ yUt/l� Ny r � W 3 1 � �r'%ay r }y`1 ly+ttl ✓`�'3Ur�`s r✓r'i y f � � r/'� �r�a rf l�t ✓pIJG syr h r s rR r✓i✓ � �r �,. "✓� r' / r"� y��r�� dr y5R / s�.� /I r G`�tkl." s�%"/�rlt{r�itNri "l r'yirs'r`'2��4�lel syr ✓ //'/r'S� _ � � +�'i ry /' t l t ✓5 i t' ;�' ✓ tl] /✓s✓ar m;` r3srr'/Ql y� v,/t f�s;�}/r✓ U l - ` +� b l�tl° / t yl/ fU✓� / - fi �✓ / / iir y f �� � �,Y i l %ri% ✓` a✓i✓'�` r�G�l�r � 4 °. lir✓y/r 11 1�s'� � �� � ✓N�� D�� r h j�/// � aY t /�?ri s r i/s ✓1 t r r� 3 v.. r g ., Iz- jil 3 hi ." i EXHIBIT C- City Ordinance N /� `r'`,,. ,.r^�"✓.�`ri/; �' { �!7 0% ir�r� rn tf �sub r h ,� r�xi ;t F r rCSt,�,3 terra r l'' f� f>? �,ft���'a�>r�»1 ✓� .,�,f%,r�;za�{S��I�fF{tr`'f��s �fi�rr`r'f?zY,>aSr�tr'r�rz}; N ,d` riu'� .Id, :� � I,° zt�Pr�✓{I > f5s /�����i1 rl✓�� tr�`.�� �f�r�3,�1��`r//s y yr 1u t�rfir r i f .0 .. bsr W Izr Ur��s9�y r e 06 fr ZG f SSC f r ttz rrrk ✓ s S i� �3 ~s f s %f�t"'sr�S3�F���}f�$`�f�?l,��f��I.✓r� `�f%S 1��r�, ^. r � / fc S r 1f f fl s Cf ft LU W 5 �l?�����rFl ��?tfLrs'L f,nj✓ trvf�r�l�f' _ /r/`'�✓/t ;zi�i,��}7`✓'lrQ�i�P�flff 1{lfr��x F{m' �ra rrl`"ra���r��Y{�'t`�srli��rp✓yy£�sl sru /s"`r 9 s ��1/�✓z�yrjl�tl�r�..,,,������s�r�r F?s i��� r�,r'',�3aau' ,yf(SZ''r� �r� f 4�r`7s€�z✓Fr ^'1 s�r ;35r E4 t EXHIBIT C- City Ordinance Corpus i IndustAial District No. Approxinnately 4,157acmof land within NuecesCounty,Texas,outside e citylimits of the City of Corpus Christi and generally boundedon the south by the existingnorth right-of-way line of State Highway No.44,on the west y the east right-of-way of Farm to Market Road 1 (Callicoatte Road),from State Highway No.44 to Swetilck Road(County );on the north by the south right-of-way Swetlick Road,from Farm to Market Road 1694 to Form to Market Road 24(Violet )and on the east right-of-way Ene of Farm to Market Road 24,ftm Swedick Road to the north line of Equistar Chemicals LP,extended westerly to Farm to Market Road 2 ;an the north by the north property line of Equistar Chemicals LP extended from Farm to Market Road 24 to and along the north property line of EquistarChernicalsand extendedeasterly to the present city limit line and an the east by the present city limit line and the easterly right-of-wayline of Rand Morgan Road and being more fully described a5 fblkrw&- Beenning at the Intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No.1 (Callicoatte for the southwest comer of a 2.S acre tract out Lot 4 of the W.B.Baker Subdivision of the Cody Partition(Volume 2,Page 16,Map Records of Nueces County, Texas),described In ens No.2007036659 of the Official Public Records of Nueces County,Texas{Tax I 7 )and for the southwest comer of this . r THENCE,In northerly direction,with the east right-of-way of Farm to Market Road No.1694(CallcoatteRoad), approximately 8,785feet to the Intersection of said east right-of-way line of Farm to Market Road No. 6 (Callicoatte Road)with the south right-of-way t e of Swtli (County o.441,for the northwest comer of a 4.88 acre tract out of Lot 25 of the W.B.Baker Subdivision of the CodyI (Volume 2,Page 16, Map s of Nueces County,Texas),described to Document No.2012000442 f the Official Public Records o Nueces County,Tex a 7 )and for the northwest comer of this District; In an easterly direction,with the south right-of-way line of Swetlick Road(County o. ),at approximately S,144 Net pass the northeast comer of a IS3AI17 acre tract out of Lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partition lValume 2,Page 16,Map Records of Nuaces County, s),described I Document No.x 101 / of the Official Public Recordsu un ,Texas(Tax 10 0376-0000-2220)and the westerlyt f y of said Farm to Market Road No.24 tRoad)and continuing In an easterly direction to the east right-of-way of said Farm to Market Road No.2 (Violet )for an interior comer of this District; Ina northerly direction,with the east right-of-way Farm to Market Road No.24(VioletRoad), same being the west boundary of the Equistar Chemicals, 131.49 acre tract,being a ut of Assessors Map 2 , described Document No.2005 3213,Official is Records of NuecesCounty,Texas 10 0270-0040- 0000),a distance of approximate feet forte northwest comer of saiduistar Chemicals, 1. acre tract andfor comer of this District, EXHIBIT C-City Ordinance THENCE,In an easterly directioNit the north boundaryof saidu r Chemicals,LP 13L49acre tract north boundaryof the Equistar Chemicals,LP 333.74 acre tract,being out of Assessors Map145 and out of Tract 12,Survey 412 of the Charles Land,Abstract 8S4,said 333.74 acre tract denribedIn Document MD.19980376- /3Q, 3 - / ,Official Pub4c Records of NuecesCounty,Te ID 0276-0120-M),a distance of approximately 6, et to the intersection of the north boundaryEine of said 333.74 acre with the City of Corpus Christi city limits One,for the northeastr oft ; in a southeasterly direction,with the abovL-roentioned City of Corpus Christi city Ornits tine,at approximately 4,940t pass the approximate center of McKinzie Road and continuingIna southeasterly direction,with the above-mentioned City of Corpus Christi city limits One,a total distance of approximately 1S,290 feet tot the Intersection of said city limits Eine with the existing west right-of-way of Rand Morgan Road,same being the east boundary of a 187.47 acre tract out of Lnts 1 thru 4,Black 403 of the Rowena Shaefer Land (Volume 3,Page7,Map Records $Nueces County, y,described to Document No.2 4422,Official Public Records of NuecesCounty,Texas(Tax 17911-0000-0220)a r a corner of this District; Ina southerly direction,with the existingboundary of said Rand MorganRoad,same beinge east boundaryof said 187A7 acre tract a distance of approximately 64S feet to the Intersection of saidboundary f Rand Morgan Road with the existing north right-of-way line of State Highway 44 for the southeast comer o 7. T acre tract andr the southeast comer of this THENCE,in a westerly direction,with the existing north boundaryof State Hkhway 44,at approximately 7,900 feet pass the approximate center of McKInzIeRoad,at approximately ,1 t pass the approximate ntr o Farm to Market Road 24 jVlolet Road),In all a total approximate is of 23,208 feet tot the Point of Beginning and containing t 407 acres of land. This document was prepared under 22 TAC 3.21,does not reflect the resultsof an an the ground survey,and I not to be used to convey or establish Interests In real property except those and interests Implied or established y the creation or reconfiguration f the boundaryof the political subdivision fbrwMch It was prepared. ,.• 1F. 0a .. ,t�.. Zo 13 Russell s ®..... .......®. RALS.U5241 41 �iu RW EXHIBIT C- City Ordinance �•Y �>�~3';; �:�s �, J tr" w,,r15�%:?£ �,a-�`��Fr�S��Y� ��w7 � •y� I# m j r I d C� 1� � *� C �., ✓✓� �� ;i tie es .a 17, 17A t r ' y.... °vale tl,'i�'?..• � <, ywyc .s,. `_T^ �.:.,3 ✓+..;.'�,� � .9w� +ai {i' , EXEMIT Industrial District Agreement Intentionally not included EXHIBIT C- City Ordinance EXHIBIT D Annexation Petition ANNEXATION PETITION TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The undersigned owners of the hereinafter described tract of land hereby petition your Honorable City Council to extend the present city limits so as to include as a part of the City of Corpus Christi, Texas, the following described territory, to-wit: NCAD Geographic ID 0276-0040-0000 - ASSESSORS MAP 145 39.22 ACS OUT OF 114.8 AC TR 4 SUR 409 AB&M ABST 555 OCL And being more particularly described in the sketch and description attached hereto as Exhibit "A". I hereby certify, under oath, that: (1) BOOTSTRAP ENERGY, LLC IS THE TRUE AND ONLY OWNER OF THE ABOVE-DESCRIBED TRACT OF LAND, and (2) The above-described tract of land, as depicted in Exhibit "A", is contiguous and adjacent to the current city limits of the City of Corpus Christi, Texas. (3) This annexation petition is effective and may be accepted by the City of Corpus Christi under the terms of Industrial District Agreement No. 110 if Bootstrap Energy, LLC fails to make any of the required payments or otherwise defaults. Matthew J. Held, Managing Member STATE OF TEXAS § COUNTY OF § SUBSCRIBED AND SWORN TO ME BEFORE, a notary public, by Matthew J. Held, Managing Member, on behalf of Bootstrap Energy, LLC, this day of , 20 , A.D. Notary Public, State of Texas EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Being the same land as described in Special Warranty Deed dated effective June 24, 2015, from Sandra R. Nicolas, et al, recorded on August 25, 2016,under Document No. 2016035802, Official Public Records of Nueces County,Texas,being more particularly described by metes and bounds as follows: Field notes of a 114.205 acre tract as described in a deed recorded in Document No. 2016035802, Official Public Records of Nueces County,Texas and also being out of the southeast quarter of the Adams, Beaty& Moulton Survey 409, Abstract No. 555,Nueces County,Texas. Said 114.205 acre tract being more particularly described as follows: COMMENCING at a 1"iron pipe found for the northwest comer of Lot 1,McKinzie Acres,as shown on a map recorded in Volume 42,Page 6,Map Records of Nueces County,Texas,THENCE South 89'1 l'3 I" West,a distance of 50.63 feet to a point in the center of McKinzie Road,for the northeast corner of a 5.0 acre tract described in a deed recorded in Document No. 906925,Deed Records of Nueces County,Texas and for the common west comer of the northeast and southeast quarter of Abstract No.555,THENCE with the center of McKinzie Road and the common line of said 5.0 acre tract,the southeast quarter of Abstract No.555,South 00°47'46"East,a distance of 249.75 feet to a point for the lower northwest corner of this survey and for the POINT of BEGINNING. THENCE North 89°13'21"East,at a distance of 50.54 feet pass a 5/8"re-bar found for the southwest corner of Lot 2,of said McKinzie Acres,at a distance of 60.00 feet pass the east right of way of McKinzie Road,and in all a total distance of 902.48 feet to a 5/8"re-bar found for the southeast comer of said Lot 2 and for an inside corner of this survey. THENCE with the common line of Lots 1 and 2 of said McKinzie Acres and this survey, North 00°47'46"West, a distance of 250.23 feet to a 5/8"re-bar set in the south line of a 40 acre tract described in a deed recorded in Volume 1640,Page 446, Deed Records of Nueces County, Texas, for the common north comer of Lot 1 of said McKinzie Acres and of this survey. THENCE with the common line of said 40.0 acre tract and this survey, North 89° 11'31" East, a distance of 1,738.79 feet to a 5/8" re-bar found in the common tine of Abstract No. 555 and of the Beaty, Seale and Foiwood Survey 405,Abstract No. 567,Nueces County,Texas, in the west line of a 742.54 acre tract described in a deed recorded in Document No. 1998054743,Official Public Records of Nueces County, Texas,for the common east comer of said 40.0 acre tract and this survey. THENCE with the common line of Abstract No. 555,Abstract No. 567, said 742.54 acre tract and this survey, South 00°45'32"East,a distance of 1,974.62 feet to a 5/8"re-bar found in the west line of said 742.54 acre tract,for the northeast corner of a 30.41 acre tract called Tract"B"of Tract V in a deed recorded in Vol.2053, Page 302,Deed Records of Nueces County,Texas and for the southeast comer of this survey. THENCE with the common line of said 30.41 acre tract and this survey, South 89'25'11"West,at a distance of 2,589.38 pass a broken monument found and in all a total distance of 2640.00 feet to a point in the common line of a 69.50 acre tract described in a deed recorded in Documents No. 2008009771,Official Public Records of Nueces County, Texas, of the southeast quarter of Abstract No. 555 and the center of McKinzie Road,for the northwest corner of said 30.41 acre tract and for the southwest corner of this survey. THENCE with the common line of the center of McKinzie Road,of the southeast quarter of Abstract No.555, said 69.50 acre tract,said 5.0 acre tract and this survey.North 00°47'46"West,a distance of 1714,37 feet to the POINT of BEGINNING of this survey,and containing 114.205 acres of land,more or less. SAVE AND EXCEPT THE 70.572-ACRE TRACT DESCRIBED ON THE NEXT PAGES 3 70.572 ACRE TRACT NUECES COUNTY, TEXAS Page 1 of 1 DESCRIPTION FOR A 70.572 ACRE TRACT A DESCRIPTION FOR A 70.572 ACRE TRACT WITHIN THE CITY LIMITS OF CORPUS CHRISTI, TEXAS, IN THE SOUTHEAST QUARTER OF THE ADAMS, BEATY & MOULTON SURVEY 409, A-555, NUECES COUNTY, TEXAS, SAID 70.572 ACRE TRACT BEING PART OF A CALLED 114.205 ACRE TRACT AS CONVEYED TO BOOTSTRAP ENERGY, LLC, RECORDED IN DOCUMENT NO. 202208479, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.). SAID 70.572 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "BRISTER SURVEYING" FOUND AT THE NORTHWEST CORNER OF SAID 114.205 ACRE TRACT, LYING IN THE SOUTH LINE OF A CALLED 40 ACRES CONVEYED TO WM MICHAEL MULVEY, CATHOLIC DIOCESE, RECORDED IN VOLUME 1640, PAGE 446, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.) AND RECORDED IN DOCUMENT NO. 2010015615 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.)AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89011'31" E, ALONG THE NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID 40 ACRE TRACT,A DISTANCE OF 1,738.79 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID 114.205 ACRE TRACT, SOUTHEAST CORNER OF SAID 40 ACRE TRACT, LYING IN THE WEST LINE OF A CALLED 742.54 ACRE TRACT CONVEYED TO BRAMAN RANCHES, LLC, RECORDED IN DOCUMENT NO. 2008044426, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS (O.P.R.N.C.T.) AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 00045'32" E, ALONG THE EAST LINE OF SAID 114.205 ACRE TRACT AND WEST LINE OF SAID 742.54 ACRE TRACT, A DISTANCE OF 1,974.62 FEET TO A 1-1/2 INCH IRON PIPE FOUND FOR THE SOUTHEAST CORNER OF SAID 114.205 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OFA TRACT"B"OF TRACT V AND CALLED 30.41 ACRE TRACT, CONVEYED TO VALERO MANAGEMENT PARTNERSHIP, L.P., RECORDED IN VOLUME 2053, PAGE 302, DEED RECORDS OF NUECES COUNTY, TEXAS (D.R.N.C.T.), LYING IN THE WEST LINE OF SAID 742.54 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, S 89025'11" W, ALONG THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND NORTH LINE OF SAID 30.41 ACRE TRACT, A DISTANCE OF 395.66 FEET TO A CALCULATED POINT LYING IN THE SOUTH LINE OF SAID 114.205 ACRE TRACT AND THE SOUTHWEST CITY LIMITS LINE OF THE CITY OF CORPUS CHRISTI AND BEING THE SOUTHERN SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; 70.572 ACRE TRACT NUECES COUNTY, TEXAS Page 2 of 1 THENCE, OVER AND ACROSS SAID 114.205 ACRE TRACT AND ALONG SAID CITY LIMITS LINE, THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. N 53034'22" W, A DISTANCE OF 1,087.17 FEET TO A CALCULATED POINT; 2. N 54003'21" W, A DISTANCE OF 1,137.56 FEET TO A CALCULATED POINT; 3. N 51009'29" W, A DISTANCE OF 500.00 FEET TO A CALCULATED POINT; 4. N 46057'36" W, A DISTANCE OF 66.60 FEET TO A CALCULATED POINT; 5. N 00050'32" W, A DISTANCE OF 8.80 FEET TO A CALCULATED POINT; 6. N 49044'09"W, A DISTANCE OF 16.43 FEET TO A CALCULATED POINT LYING IN THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF LOT 2 OF MCKINZIE ACRES, RECORDED IN VOLUME 42, PAGE 6, MAP RECORDS OF NUECES COUNTY, TEXAS (M.R.N.C.T.) AND BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 89013'21" E, ALONG THE SOUTHERN NORTH LINE OF SAID 114.205 ACRE TRACT AND SOUTH LINE OF SAID LOT 2, 28.90 PASSING A 1/2 INCH IRON ROD WITH CAP FOUND AND CONTINUING FOR A TOTAL DISTANCE OF 880.92 FEET TO A 5/8 INCH IRON ROD LEANING FOUND AT AN INTERIOR CORNER FOR SAID 114.205 ACRE TRACT, SOUTHEAST CORNER OF SAID MCKINZIE ACRES AND BEING AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, N 0004746" W, ALONG THE EASTERN WEST LINE OF SAID 114.205 ACRE TRACT AND EAST LINE OF SAID MCKINZIE ACRES, A DISTANCE OF 250.23 FEET TO THE POINT OF BEGINNING AND CONTAINING 70.572 ACRES OF LAND. (� .0F. rF :9LA �................. l J.M. TUCKER 03/03/2022 Surveying and Mapping, LLC :qo 5202 +.. ) J.M. Tucker Date 11111 Katy Freeway, Suite 200 �i�,� SEs s���,-�� Registered Professional Land Surveyor Houston, Texas 77079 SUR �� No. 5202—State of Texas TX. Firm Reg. No. 10064300 ��� +9J- 4" 2 '9 Y ,p 39.22 acre-tract so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of March 29, 2022 1852 Second Reading for the City Council Meeting of April 12, 2022 DATE: February 25, 2022 TO: Peter Zanoni, City Manager THRU: Neiman Young, Assistant City Manager NeimanY@cctexas.com (361) 826-3898 FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Acceptance and appropriation of a $100,000 donation from NextEra Energy and authorizing the City of Corpus Christi Gas Department to provide gas pipe plumbing services to eligible low-income city residents through the Plumbers to People program H 11 CAPTION: Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000 from NextEra Energy and authorizing the City of Corpus Christi Gas Department to provide gas pipe plumbing services free to eligible low-income city residents. SUMMARY: NextEra has granted the City of Corpus $100,000 for fiscal year 2022 so that the City can provide gas pipe plumbing services through the Plumbers to People program for free to eligible low-income residential customers needing repairs to gas lines. This program is designed to address an emergency situation involving an unsafe condition for customers who own and live in their homes. BACKGROUND AND FINDINGS: In recognition of NextEra and the City's shared long-standing commitment to community safety, NextEra has offered to make a $500,000 total contribution through 5 annual $100,000 donations to the City of Corpus Christi Gas Department's Plumbers to People program in order to support the City's efforts to provide gas pipe plumbing services to eligible low-income city residents. NextEra will make the annual donation on or before August 15th of each fiscal year within the current 5 year contract. There are seven criteria used to qualify residents for program assistance: 1 .) The resident must be a City of Corpus Christi Gas Department account holder 2.) Meet household income requirements —Family Size Annual Household Income 1 <$32,000 2 $44,000 3 $56,000 4 $68,000 5 $80,000 6 $92,000 7 or more $104,000 3.) Value of the home must not exceed $300,000 based on the Nueces County tax appraisal 4.) Single-Family home residences only 5.) Renters are eligible with permission and waiver of damage signed by property owner 6.) Must use a licensed plumber through a contract, who has experience repairing and/or replacing gas lines. 7.) Must complete an application and be approved prior to services rendered. The Gas Department estimates that the funds will assist 20-25 homes per year. ALTERNATIVES: The alternative is not to accept the donation. This would remove funds that could be used for assistance to residents. FISCAL IMPACT: The City will receive $100,000 from NextEra Energy and disburse the funds to those residents who qualify for assistance through the Plumbers to People program. Funding Detail: Fund: 1053 Gas Grants Fund Organization/Activity: 800022L Mission Element: 022 Gas Distribution System Project # (CIP Only): N/A Account: 208200 Unearned Revenue RECOMMENDATION: Staff recommends accepting the donation and authorizing the release of funding to assist qualifying residents. LIST OF SUPPORTING DOCUMENTS: Ordinance, Contribution letter Ordinance authorizing acceptance and appropriation of a donation in the amount of $100,000 from NextEra Energy Marketing, LLC to be used for plumbing services for low-income gas customers through the Plumbers to People Program to be created by the Gas Department. WHEREAS, the City's gas purchase agreement with NextEra Energy Marketing, LLC ("NextEra") included a pledge from NextEra to donate $100,000 to the City for use in a program to provide residents with plumbing services that help to protect the City's gas lines through a new Plumbers to People Program to be created and managed by the City's Gas Department; and WHEREAS, the City wishes to accept and appropriate the $100,000 donation and create a program to either (1) reimburse low-income residents for necessary plumbing services up to $2,000 per household or (2) contract for the provision of necessary plumbing services to low-income residents in an amount to exceed $2,000 per household. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept a $100,000.00 donation from NextEra Energy Marketing, LLC to be used for plumbing services for low- income gas customers through the Plumbers to People Program to be created by the Gas Department. SECTION 2: $100,000.00 from NextEra Energy Marketing, LLC is appropriated in the Gas Grants Fund No. 1053 to be used for the Plumbers to People Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor NExTer- energy- PARTNERS nergy- PARTNERS P odoW June 28,2021 City of Corpus Christi,Texas Bill Mahaffey Director of Gas Operations 4225 S.Port Avenue Corpus Christi,TX 78415 Re: NextEra Charitable Contribution to City of Corpus Christi Gas Department's Community Program "Plumbers for the People" Dear Mr.Mahaffey: South Shore Pipeline,L.P.,on behalf of itself and its affiliate NextEra Energy Marketing,LLC (collectively, "NextEra"),values its historical relationship with the City of Corpus Christi and appreciates the parties'joint efforts to procure and deliver safe natural gas to the City's residents and businesses. In recognition of NextEra's and the City's shared long-standing commitment to community safety,NextEra is pleased to offer to make an annual$100,000.00 contribution to the City Gas Department's Plumbers for the People program in order to support the City's efforts to provide gas pipe plumbing services to eligible low-income City residents. NextEra will make the annual donation on or before August 15 of each fiscal year that the August 1,2021 Natural Gas Supply Contract continues in effect. NextEra welcomes the opportunity to partner with the City in this worthy cause. Yours truly, I.cueP /' J Dmlr.Ic<e.i ice .Nall,Jr. President South Shore Pipeline,L.P. a NextEra Energy Partners,LP 700 Universe Boulevard,Juno Beach,FL 33408 Plumbers to People Developed in Partnership with Nextera® March 29, 2022 What is Plumbers to People? The Plumbers to People Program is dedicated to the safety of Corpus Christi residents,by helping with repairs and/or replacement of leaking or aged gas lines for their homes. The safety and well-being of our residents is of utmost importance.The City of Corpus Christi Gas Department, along with Nextera®,have partnered with local plumbers to offer residents support in repairing and/or replacing leaking gas lines. What will be repaired or replaced? Plumbing work will be focused on repairing and/or replacing leaking gas lines. r -AAAL Repairs not covered: P � • Pool plumbing Va f • Replacement of gas appliances "; • Appliance installation cost 2 Community Rebates Direct to Plumber Direct to Customer The City of Corpus Christi Gas Department has contracted Customer pays a plumber of their choice to with local licensed plumbers,who are experienced in doing make repairs and the Gas Department gas line repairs and replacements.Customer may elect to provides a reimbursement. have one of these plumbers come to your home. This option is best if: This option is best if: • Customer does not have access to a trusted plumber. Customer knows or has access to a • Customer cannot afford to pay a plumber&wait for trusted,certified plumber. reimbursement. Customer willing pay a lumber and yP wait 6-8 weeks for a rebate. Customer must apply for the program and receive verification of eligibility based on financial needs prior to submitting any reimbursement paperwork to the City of Corpus Christi Gas Department.DIY work or work not completed by a licensed plumber is not eligible for a rebate. Application Process • Apply Online Call Apply In-Person 3 Pilot Program f Obj ective: • Identify 5-10 homes with leaking gas lines needing repairs • Evaluate estimated cost vs.actual,to determine rebate cost limits • Compare plumber fees to determine flat hourly rate for all plumbers • Determine qualifications • Average cost by square footage • Average cost by age of home • Median household income requirements Current Program Partners Plumbing Companies • Roto Rooter • Drum Plumbing Current Progress: • 2 homes ready Partnered with Neighborhood Services • 5 homes in review Partnered with Department of Social Services • KRIS-TV ready to promote when we give the okay 4 Plumbers to People Questions ? so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of March 22, 2022 DATE: February 25, 2022 TO: Peter Zanoni, City Manager FROM: Andrea Gardner, Assistant City Manager Andreaga@cctexas.com 361-826-9506 Briefing on Public Improvement Districts (PID) as an Economic Development Tool, review of Corpus Christi Public Improvement District policy, and initial overview of the Whitecap Preserve Project in City Council District 4 Name Title/Position Organization 1. Stephanie Liebe Bond Counsel Norton, Rose, Fulbright ISSUE: Provide educational information to the policy makers of the City of Corpus Christi to allow sufficient time for review and questions prior to presentation(s) on specific economic development project proposals. BACKGROUND: In March 2020 the City Council adopted a PID policy to guide the creation City PIDs. A PID allows for an additional amount to be assessed on properties within the district which can be used to pay for the cost of infrastructure or amenities that benefit the properties within the district. These costs can be reimbursed on a pay-as-you-go basis, or the City can issue bonds secured by the assessments. Stephanie Liebe, attorney with Norton, Rose, Fulbright (the City's bond counsel) will provide information on PIDs and how PIDs and tax increment reinvestment zones (TIRZ) can be utilized together or independently to serve as a powerful economic development tool. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Public Improvement Districts Resolution adopting a Public Improvement District Policy offering an alternative development financing tool to developers and amending City Council Policies WHEREAS, per Texas Local Government Code Chapter 372, Public Improvement Districts provide the City of Corpus Christi an economic development tool that permits the financing of qualified public improvement costs that confers a special benefit on a definable part of the City, including both its corporate limits and its extra-territorial jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council Policies is amended to add City Council Policy 30 to read as follows: 30. - Public Improvement District Policy. OVERVIEW Public Improvement Districts ("PIDs"),per the Texas Local Government Code Chapter 372 (the "Code"),provide the City of Corpus Christi (the"City") an economic development tool that permits the financing of qualified public improvements which confer a special benefit on a definable part of the City, including both its corporate limits and its extra-territorial jurisdiction. A PID can finance capital costs and fund supplemental services to meet community needs which could not otherwise be constructed or provided. The costs of the capital improvements and/or supplemental services are paid entirely by property owners within the PID who receive special benefits from the capital improvements or services. A PID is a defined area of properties, whose owners' have signed and submitted a petition to the City to form a PID. The City Council establishes a PID by adoption of a resolution after a public hearing. The public hearing is publicized per the Code and written notification of the hearing is published in a newspaper of general circulation in the municipality, or a newspaper ofgeneral circulation in the part of the extraterritorial jurisdiction in which the district is to be located or improvements undertaken. Written notice must also be mailed to all property owners in the proposed PID. By petition, the owners understand that they will be paying an assessment to receive enhanced services and/or improvements within the PID. A PID must grant a special benefit to the properties within the PID and a general benefit to the "public" which includes the City. The purpose of this PID policy (the "Policy") is to outline the issues to be addressed before the City Council can support the creation(or consent to creation) of a PID. This Policy outlines such things as petition requirements, qualified costs, financing criteria, information disclosures to property owners, and the determination of annual plans of services, budgets and assessments. To the extent of a conflict between the terms of this Policy and the Code,the Code shall prevail. GENERAL 1. Proposed PIDs must be located entirely within the City limits or in the City's 0320-'77 SCANNED extraterritorial jurisdiction(ETJ) before consideration will be given to establish the PID. The City will only consider the creation of a PID that consists of, or includes, land in the City's ETJ if such property is subject to a development agreement or other concrete and binding plan for the voluntary annexation of all land within the PID with a schedule for annexation agreed to by the City. 2. PIDs must be financially self-sufficient and not require the City to incur any costs associated with the formation of the PID, bond issuance costs, PID administration, or the construction of PID improvements. 3. PID petition signatures should reflect that a reasonable attempt was made to obtain the full support of the PID by the majority of the taxable property owners located within the proposed PID. 4. PID petitions will be more likely to be approved if the petition includes projects which provide one or more of the following benefits: a. new development,redevelopment, new infrastructure, and/or rebuilding existing infrastructure. Consideration will also be provided for projects increasing the City's tax base, and/or allow the City to influence growth in its ETJ; b. economic development benefits to the City (as defined by City Council)beyond what normal development would; c. improvements in the public right of way (e.g., entryways, landscaping, fountains, specialty lighting, art, decorative and landscaped streets and sidewalks,bike lanes, multi-use trails, signage); d. enhanced community needs (e.g., enhanced drainage improvements, land and infrastructure for re-irrigation of treated wastewater,parks, off- street public parking facilities,pedestrian connectivity, wastewater and/or water system improvements,new or enhanced public roads and streets, and creation of opportunities to redevelop older or underutilized areas of the City); e. development that meets or exceeds the development standards in the City's Unified Development Code and aligns with the City's growth and development goals; f. enhanced connectivity; g. increased recreation and open space opportunities for public use; h. the protection and preservation of natural amenities and environmental assets such as the bays,trees, creeks, ponds, floodplains, slopes, viewscapes, and wildlife habitats; and/or i. the protection and preservation of existing historical buildings, structures, features or places or would otherwise be of special benefit to the property users or community. 5. A PID's budget shall include sufficient funds to pay for all related administrative and/or operational costs, including costs associated with tasks undertaken by City staff. 6. All deeds conveying property within the PID area shall contain language notifying each owner of the PID and the assessments and annexation required pursuant to the PID creation/finance documents to notify any prospective owner of the existence or proposal of special assessments on the property. It will be the developer's and landowner's responsibility to ensure that all closing statements and sales contracts for lots with homebuilders, home purchasers, etc., must specify who is responsible for payment of any existing PID assessment or a pro rata share thereof. If the PID is located in the City's ETJ, it will be the developer's and/or landowner's responsibility to ensure that all closing statements and sales contracts for lots with homebuilders, home purchasers, etc. must specify the future voluntary annexation of the property within the PID. 7. The boundaries of a PID must be clearly identified as such by signage along the main entry/exits located at the boundaries of the PID. All signage shall be clearly visible to all motorists entering and exiting the PID. 8. Assessments, if any, for property owned by the City and located within the boundaries of the PID, may be apportioned pursuant to the City's findings when PID is created. 9. No PIDs will be allowed to be created that overlap the boundaries of another PID. 10. The boundaries of existing PIDs may be modified. However, a boundary change during the existing term of a PID may only be considered if no PID bonds have been issued and a new petition of the entire proposed PID area(both current boundary and areas to be added or excluded, as applicable) is submitted that meets the minimum criteria for creation/renewal and application fee, along with public hearing process as described herein. 11. Annual Service and Assessment Plan updates shall be adopted, as required by the Code. 12. The Service and Assessment Plan may contain procedures for the termination of the PID without imposing unintended costs on the City. A PID cannot be dissolved without a petition from property owners and must be sufficient as for creation or renewal in accordance with section 372.005(b) of the Code. PETITION REQUIREMENTS In accordance with section 372.005(a) of the Code the petition must state: 1. the general nature of the proposed improvements; 2. the estimated cost of the improvements; 3. the boundaries of the proposed assessment district; 4. the proposed method of assessment, which may specify included or excluded classes of assessable property; 5. the proposed apportionment of costs between the proposed PID and the City as a whole; 6. whether the proposed PID will be managed by the City, by the private sector, or by a partnership of the two; 7. that the persons signing the petition request or concur with the establishment of the proposed PID; 8. that an advisory body may be established to develop and recommend an improvement plan to the City Council; and 9. that the petitioner has read and understands this Policy and will adhere to all language herein. Additional requirements include: 1. PID petitions shall include this additional note: "With respect to community property, the City may accept the signature of a spouse as a representation of both spouses that they support the creation or renewal of the PID, absent a separate property agreement. However, if City staff is made aware of any disagreement among owners of community property, those signatures will not be counted." 2. Signatures for PID petitions must be gathered not more than six months preceding submittal of the PID petition. For a PID to be established, a petition shall include the following: 1. Evidence that the petition's signatures meet the state law requirements, or the petition must be accompanied by a reasonable fee to cover the City's costs of the notary/signature verification. 2. Map of the area, metes and bounds with a survey (all signed by a licensed engineer), and a"commonly known" description of the area to be included in the PID. 3. Statement that the petitioners understand that the annual update, including any annual costs, for the PID is subject to review by City staff with final approval by the City Council. In addition, the following issues must be addressed before the City Council will consider a petition: 1. A non-refundable application fee of$15,000 will be required to create, modify the boundaries of, or renew a PID. This fee is regulatory in character and approximates the costs of administering the PID through creation or renewal by City staff. 2. A petition will include a current tax roll with the signatures of the owners' registering support of the petition next to the account for the owner's property on the tax rolls, or other evidence that the petitioner(s) are the current owner(s) of taxable property within the PID. 3. A copy of the preliminary plan for the anticipated financing of the construction of the authorized improvements in the proposed PID (the "Financing Plan") shall be submitted with the Petition. This Financing Plan shall include at a minimum: a. Targeted gross bond amount; b. Estimated annual assessment revenue generated; c. Annual installment per unit; d. Estimated number of bond issuances; e. Proposed maturity dates for PID bonds; f. Proposed timetable of the development; and g. Any other such supporting information related to the success of the PID. 4. A copy of a Feasibility Report (as referenced in section 372.007 of the Code) which demonstrates the economic feasibility of the project and includes the following information: a. An assessment revenue pro forma for the proposed project; b. A financial review of the development projections and absorption schedule; c. Analysis of above describing the timing and amount of PID assessment revenue which will be generated based upon varying levels of assessments; and d. Comparison of the project with other similar projects in the area that will not have an assessment. e. Proposed and estimated reserve amounts, if any. f. Projected revenue on all other applicable taxing jurisdictions (school, county, etc.). PID ADMINISTRATION 1. The City may provide for the administration of a PID through in-house resources or contract with a qualified third-party company to manage and administer the PID, subject to appropriate oversight by City staff. 2. If the City agrees to the hiring of a third-party administrator, the City will provide authority for the administrator to: a. Coordinate the annual development of the budget and update to the Service and Assessment Plan which will be submitted to the City Council for consideration in accordance with the Code and any other applicable Texas law. b. Provide for the calculation of the assessment and allocation to the respective parcels in the PID and shall provide for the billing of the assessments to the property owners or provide information to the County Tax Office. The contractor and developer will coordinate to ensure that the billing/assessment information provided to the tax office includes all pertinent properties. c. Prepare annual reports reflecting the expenditure of PID bond proceeds or the reimbursement of developer expenditures, as appropriate. d. Prepare annual reports reflecting the imposition and collection of the assessments and the balances in the various accounts related to the PID to be provided to the City Council on a quarterly or other periodic basis as may be required by the City. e. Prepare and provide any other reports or information required of the City or the project under the Code. 3. Provision for the costs associated with the provision of the administrative services, whether the services are provided by third parties or the City, shall be included in any budget proposed by the developer and may include but is not limited to allocation of interest on the assessment to the extent authorized under the Code. 4. If the City agrees to the hiring of a qualified third party PID administrator to administer the PID, the costs for such administration shall be paid for with revenues generated within the PID. 5. The City may request an audit by the City's Auditor at any time and/or an independent audit at any time if the City Auditor finds irregularities. BOND SIZE LIMITATIONS The following limitations and performance standards shall apply to a PID debt issue approved by the City: 1. Minimum appraised value to lien ratio: 3:1 2. Maximum annual permitted increase in annual assessment installment: 2% 3. Maximum years of capitalized interest for each bond issue: 3 4. Maximum maturity for each series of bonds: 20 years The aggregate principal amount of bonds required to be issued shall not exceed an amount sufficient to fund: (i) the actual costs of the qualified public improvements (ii) required reserves and capitalized interest during the period of construction and not more than 12 months after the completion of construction and in no event for a period greater than 3 years from the date of the initial delivery of the bonds and (iii) any costs of issuance. Provided, however that to the extent the law(s) which limit the period of capitalized interest to 12 months after completion of construction change, the foregoing limitation may be adjusted to reflect the law(s) in effect at the time of future bond issuances and applicable federal law pertaining to the issuance of tax-exempt bonds. FINANCING CRITERIA 1. Bond issuances in advance of construction of an individual phase of a PID will be subject to compliance with these standards. 2. No General Obligation or Certificate of Obligation bonds will be utilized by the City to fund or support the PID improvements. 3. The City shall not be liable for any debt associated with the creation of a PID and issuance of PID bond(s). The PID and PID assessment will be solely liable for debt associated with formation and bond issuance. 4. All subsequent PID bond issues, if any,will be subject to approval by the City Council. The City Council will consider evidence that(i)the value of the property within the PID and the City as a whole will be significantly increased by the projects financed with the PID bonds; (ii) no financial risk or burden will be imposed on the City; and (iii) development in phases will be self-sustaining and financially sound. 5. Additional special assessments may be levied or special assessments may be adjusted in connection with subsequent bond issues if an agreed-upon maximum annual assessment rate is not exceeded and the special assessments are determined in accordance with the Service and Assessment Plan and the Code. 6. Special assessments will bear a direct proportionate relationship to the special benefit of the public improvements received. In no case will assessments be increased for any parcel unless (a)the property owner of the parcel consents to the increased assessment and (b) no bonds secured by such assessment have been levied. 7. The City shall not be obligated to provide funds for any improvements (regular City improvement projects excluded) except from the proceeds of the PID bonds and PID assessments. 8. Each PID bond indenture will contain language precluding the City from making any debt service payments for the PID bonds other than from available special assessment revenues. 9. A PID developer will be responsible for payment of all the City's reasonable and customary costs and expenses, including the cost of any appraisal, subject to reimbursement from PID bonds or PID assessments, if any. 10. Improvements funded with PID proceeds will be exempt from any public bidding or other purchasing and procurement policies in accordance with section 252.022(a)(9) of the Texas Local Government Code which states that a project is exempt from such requirements if"paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements." 11. Any PID bond issued will include a Reserve Fund in an amount equal to the lesser of (i) the maximum annual debt service on the bonds, (ii) 10 percent of the principal amount of the PID Bonds, or(iii) 125 percent of the average annual debt service and that such Reserve Fund will be funded from bond proceeds at the time bonds are issued, subject to the regulations of the Internal Revenue Code related to tax-exempt bonds. 12. Improvements to be funded by the PID are limited to those defined as Authorized Improvements under section 372.003(b) of the Code, including, but not limited to: a. Landscaping and irrigation in public rights of way; b. Erection of fountains, distinctive lighting, and signs; c. Acquiring, constructing, improving, widening, narrowing, closing or rerouting sidewalks, streets or any other roadway or their rights-of-way; d. Construction or improvement of pedestrian malls; e. Acquisition and installation of pieces of art; f. Acquisition, construction or improvement of libraries; g. Acquisition, construction or improvement of public off-street parking facilities; h. Acquisition, construction, improvement or rerouting of mass transportation facilities; i. Acquisition, construction or improvement of water, wastewater or drainage improvements; j. The establishment or improvement of parks; k. Projects similar to those listed in a. through j. above; 1. Acquisition, by purchase or otherwise, of real property in connection with an authorized improvement; in. Special supplemental services for improvement and promotion of the PID, including services related to advertising,promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and culture enhancement; n. Payment of expenses incurred in the establishment, administration, and operation of the PID, including expenses related to the operation and maintenance of mass transportation facilities; and o. The development,rehabilitation, or expansion of affordable housing. 13. Any trails, parks, streets or other public amenities that are located within a gated community or otherwise inaccessible location may not be funded or reimbursed by the PID. 14. All public infrastructure within the PID that is to be reimbursed will be subject to City inspection at any time and verification of eligible costs. Public infrastructure must be built to meet or exceed City specifications as provided in the City's Unified Development Code and Code of Ordinances. 15. All current and future landowners will be required to undertake continuing disclosure obligations associated with the issuance of PID bonds in accordance with the provisions of a regulatory agreement which meets the requirements of federal securities law PROJECT CRITERIA Prior to forming a PID for which bonds will be issued to fund the costs of qualified public improvements,the following requirements must be satisfied: 1. The property owner or developer must demonstrate to the City that it has the expertise to complete the proposed development. 2. The property owner must provide the City with its sources of funding the public improvements not being funded by the PID. 3. The proposed development must be consistent with the entitlements on the property. All required zoning, other required land use approvals or other required permits must be in place for the development prior to the issuance of any PID bonds. 4. The property owner must provide evidence to the City that the utility service provider has sufficient capacity to provide all necessary utility services. 5. All reasonable estimated costs must be identified before a decision is reached on a request to issue bonds for a PID. Costs to be identified include costs related to establishing the PID; costs for construction and/or the acquisition of improvements,the maintenance and operation of PID projects (if any) and PID administrative costs. 6. If the City agrees to the hiring of a qualified third party PID administrator to administer the PID, the costs for such administration shall be paid for with PID assessment revenues. The PID administrator will be required to prepare the annual update to the Service and Assessment Plan. 7. The developer will submit a final Feasibility Plan(and other applicable PID documentation) for review by the City,which clearly identifies the benefit of the PID to the affected property owners and to the City as a whole (i.e., public purpose) and evidence of insurance. 8. The Service and Assessment Plan shall describe, if applicable, all City-owned land within the PID as well as its proposed share of project costs. 9. Improvements constructed in the public right-of-way will be dedicated to the City (or other political subdivision of the State with the City's consent) and maintained by the developer, an owner's association or other third-party mutually agreed upon by the City and the developer. Any signs, structures, or improvements proposed to be built in the public right-of-way must be approved by the City in writing before any costs are incurred. Developer Reimbursement 1. The Developer will submit expenses for reimbursements pursuant to the terms of an agreed upon PID reimbursement agreement with the City. 2. The City's appointed designee (which may be the PID Administrator) will verify expenses' and eligibility for reimbursements pursuant to the provisions of the PID reimbursement agreement. 3. Subject to the availability of assessment revenues, reimbursement payments will be processed within thirty (30) days after the date on which the costs were verified. Miscellaneous 1. If any section, subsection, sentence, clause,phrase, or word of this Policy is declared unconstitutional or invalid for any purpose,the remainder of this Policy shall not be affected. 2. Subject to all applicable State Laws,the Petitioner(s)may seek other economic incentives for the Project in conjunction with the PID. 3. The City in its sole discretion may engage the following professionals, including but not limited to: 1) PID Administrator; 2) Appraiser; 3) Underwriter; and 4) Trustee. 4. Any waivers to this Policy must be approved by the City Council of the City. 5. The City shall, upon reasonable prior written notice to the developer and during normal business hours, have the right to audit and inspect the developer's records, books, and all other relevant records related to reimbursable amounts under this agreement. The parties agree to maintain the appropriate confidentiality of such records, unless disclosure of such records and information shall be required by a court order, a lawfully issued subpoena, State Law, municipal ordinance, or at the direction of the Office of the Texas Attorney General. 6. In the event of a default by the developer under a negotiated PID reimbursement agreement, the City shall, after providing the developer notice and an opportunity to cure, have the right to recapture all prior reimbursements. 7. No public official or employee shall be personally responsible for any liability arising under or growing out of any approved PID. Any obligation or liability of the developer whatsoever that may arise at any time under the approved PID or any obligation or liability which may be incurred by the developer pursuant to any other instrument transaction or undertaking because of the PID shall be satisfied out of the assets of the developer only and the City shall have no liability. 8. All PID agreements shall include indemnification language as follows: Indemnification. Developer covenants and agrees to fully indemnify and hold harmless, City (and their elected officials, employees, officers, directors, representatives, and agents), individually and collectively,from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature brought by any third party and relating to Developer's actions on the project, including but not limited to, personal injury or death and property damage, made upon City or directly or indirectly arising out of, resulting from or related to Developer or Developer's tenants' negligence,misconduct or criminal conduct in its activities under this agreement, including any such acts or omissions of Developer or Developer's tenants, any agent, officer, director, representative, employee, consultant or subconsultants of Developer or Developer's tenants, and their respective officers, agents, employees, directors and representatives while in the exercise or performance of the rights or duties under this agreement, all without, however, waiving any governmental immunity available to City, under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the City and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Developer shall promptly advise City in writing of any claim or demand against City, related to or arising out of Developer or Developer's tenants' activities under this agreement and shall see to the investigation and defense of such claim or demand at Developer's cost to the extent required under the indemnity in this paragraph. City shall have the right, at their option and at their own expense,to participate in such defense without relieving Developer of any of its obligations under this paragraph. It is the express intent of this section that the indemnity provided to the City shall survive the termination and or expiration of this agreement and shall always be broadly interpreted to provide the maximum indemnification of the City and/or their officers, employees and elected officials permitted by law. 9. All PID agreements will stipulate that the developer, or its assign, will acquire General Liability and Property insurance which provides liability coverage at least equal to the liability coverage that the City maintains at the time the PID is approved. Note: 1) Owning taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal; and 1) who either constitute more than 50 percent of all record owners liable for assessment under the proposal or 2) who own taxable real property that constitutes more than 50 percent of the area of all taxable real property. PASSED AND APPROVED on the i5' day of� 2020: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez A�y Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI t,cRiy" WL. Rebecca Huerta Joe Comb City Secretary Mal Corpus Christi, Texas day of 1 , 2020 0 31". 0'7'7 Public Improvement Districts ( "PID" ) Introduction to Whitecap Preserve Project on the Island Presentation to City of Corpus Christi, Texas March 29,2022 NORTON ROSE FULBRIGHT -P-3 S 1 Public Improvements Districts Introduction • PID Policy was adopted on March 31, 2020 • Two PID application have been submitted to the City of Corpus Christi • Whitecap PID Petition was submitted on September 22, 2021 • The second PID application was submitted in February 2020 PID Overview ■ Authority: Chapter 372 of the Texas Local Government Code. ■ Purpose: Improvements which benefit a defined area are paid with special assessments. New development pays for itself. ■ Improvements: Improvements are paid from assessment revenues. Costs can be shared with TIRZ. ■ Financing Options: "Pay-as-you-go"or bond financed. Under either financing option,funding comes exclusively from special assessments..Special Assessment Bonds are non-recourse and are neither secured by nor payable from the City's general faith and credit 4 PID Authorized Improvements ➢ Pedestrian sidewalks, streets, ➢ Projects "similar" to this list any other roadways, or their rights-of-way ➢ Easements for publicly owned utilities ➢ Parks ➢ Expenses Incurred in ➢ Water, Wastewater or Drainage Establishing, Administrating, Drainage includes canals and and Operating the PID bulkheads (if publicly owned) PID Creation, Assessments, and Administration Owners of taxable real property within the proposed PID boundaries submit application for creation of PID to the City City Council adopts a resolution accepting the PID application and authorizes publication of notice of public hearing City publishes Notice of Public Hearing in newspaper City Council conducts Public Hearing concerning creation of PID • City Council adopts a resolution creatingthe PID City Council files a copy of the creation resolution with the County Clerk. Note that a PID is not a separate governmental entity;it is governed by the City Council City Council adopts an ordinance approving the levy of assessments on the land within the PID City Council adopts an ordinance approving a Service and Assessment Plan("SAP") _ Athird-party'PID Administrator"can assist with the billing of assessments to property owners,collection of the assessments,and administrative oversight of the PID 6 Working Group Members Developer'sCity Team City Staff Developer(Whitecap Underwriter(City) Preserve) Financial Advisor Developer's Counsel (Estrada Hinojosa & Underwriter's Counsel Company, Inc.) (Shupe Ventura, PLLC) Bond Counsel Developer's Consultant (Norton Rose Fulbright US (Steve Yetts) LLP) PID Administrator (P3 Works, LLC) **All costs, including professional services,are paid by the Developer or assessment revenues. Duties of City Team In addition to City Staff, the City Team includes the City's financial advisor, bond counsel and PID Administrator. All duties are facilitated by these City consultants. All professional fees are paid from special assessment revenues. ■ Create PID; ■ Levy Assessments; ■ Pay for Public Improvements; o May be paid on a reimbursement basis or through a bond issuance. U PID Bonds are non-recourse to the City. The bonds are payable only through special assessments and are not secured by the City's general faith and credit. ■ Collect Assessments (PID Administrator); ■ Update and Approve Service and Assessment Plan (PID Administrator prepares annual update); ■ Comply with all Continuing Disclosure Undertakings and filings related to the PID Bonds (PID Administrator prepares annual filings); ■ Foreclose for Non-Payment of Assessments o City will be required to covenant to foreclose on property with delinquent assessment s PID — Weighing Benefits and Challenges Benefits Challenges ➢ Development pays for itself ➢ Annual administration ➢ Enhanced public improvements ➢ Development Risk ➢ Community Benefit Fee ➢ Covenant to foreclose ➢ Accelerating development ➢ Financial market ➢ Increased ad valorem tax base Additional Funding ■ Authority:Chapter 311 of the Texas Tax Code. ■ Purpose:TIRZs are special zones created by City Council to attract new development to an undeveloped or underdeveloped area. ■ Financing Options: A new or existing TIRZ can be used on a "Pay-as-you-go"or bond financed basis. ■ Available Funds: Incremental revenue directly attributable to a property within a PID and TIRZ can be used to pay for the costs of public improvements. Public Improvements Districts PID Overview • Authority: Chapter 372 of the Texas Local Government Code. • Purpose: is to confer a special benefit on a defined area through "improvements" and to ensure that the owners benefited by these improvements bear their cost through "assessments". • Financing Options: "Pay-as-you-go" or bond financed. Whitecap Preserve e � � T ,, M1luylil rer P..arrrl��[ :e•r' '. �a a Whitecap Preserve Proposed Development Map r��T• � m�' t '+� ` � t r •4,S •'• a �B� �/ t.:'"�� 1R, ��A`,S" w� . +tµy r a w �� '�` + •tom a /'3 • t � ♦• �� ��,� r:. �"a""'�af ,T.,'� ` .,.` ► • q w `g ►�. i x `t ``"S a •�+ .1 t•• ' '1 ♦' qr •` ' .« w •s . + •w .1t . �r.i s �;,•s� `r. •.�';�1 � � _„c'r "'#` �'� �i► "� �• �.t 17 «x • r'd t•�•� V 'v.. r Y• r •! �Yici t 77: t., ra Draft INSET MAP - .. L 7— y J Map (red) with Property .� Location _ - r m a —f 0 1,37 2.350 5.500 A Feet PID/TIRZ Request — Whitecap Preserve KS Residential Details Commercial Values • 601 new SF residential units • 25 acres of Commercial/public land • —$605 million new • —$150 million new City/County/ISD/College ad City/County/ISD/College ad valorem valorem value after buildout value after buildout • Include specific-built short-term rentals Overall Prosect Details —$755 million new City/County/ISD/College ad valorem value after buildout • New hotel occupancy sales tax dollars • New retail/restaurant sales tax dollar • Includes hospitality/hotel, retail, entertainment, single-family residential, designated short-term rental units • PID to reimburse, after construction completed, significant costs of public infrastructure such as public canals/bulkheads, drainage, roads, public utilities • TIRZ#2 to reimburse (from this property increment only), over time as project develops, costs for public roadways and bridges, public canals/bulkheads, pedestrian walkways, public/open waterways Timeline for Project to Proceed Council Meetings Briefing Dates PID Action Items* • March 29 • April 26 • PID 101/High level briefing Resolution to accept PID Petition • April 12 and publish statutory notice and call Public hearing for PID creation • Whitecap Developer Presentation on May 17 • May 17 • Conduct Public Hearing • Consider creation of PID • Developer starts moving dirt *If council directs after April 12th meeting PID vs MMD vs Chapter 380 KS Public Improvement Municipal Management Chapter 380 District District Agreement • Created by City Created by Legislature when in Authorized by Chapter 380,but City • Action of Council required for each session; usually consent of does not authorize a district q City/County required step No action except approval of • Development Agreement between • Action ctho tof MMD Board required for Agreement by city Council City &Developer p • Monitoring of performance • Development Agreement usually • Financed via city issued PID bonds/ between City and MMD (once • Can be part of a TIRZ obligation repaid from assessment collected approved never goes back to City) property rope • Financed via City from AV or sales • New revenues to pay for • Financed via district bonds/tax on taxes collected from the project infrastructure property • Property has no additional assessment or • City keeps 100%of AV and sales tax City keeps 100%of AV and sales tax tax besides incremental growth revenues revenues • Ongoing Administrative cost paid by • Ongoing Administrative cost paid by • Ongoing Administrative cost paid by City assessments District • Can include TIRZ; City keeps 100% of • Can include TIRZ; City keeps 100% • Can include TIRZ; City keeps 100% of base of base base • Terminates based on term in agreement • PID terminates after paying off • Ongoing until Developer is reimbursed predetermined(up front at creation) everything contemplated or added in amount the future 19 PID Authorized Improvements ➢ Fountains, Distinctive Lighting and ➢ Parks Signs ➢ Water, Wastewater or Drainage ➢ Sidewalks, streets,any other roadways, or their rights-of-way ➢ Projects "similar" to this list such as: Bulkheads, Canals, and Bridges ➢ Pedestrian Malls ➢ Real Property in Connection with ➢ Installation of Pieces of Art an Authorized Improvement ➢ Off-Street Parking ➢ Expenses Incurred in Establishing, Administrating, and Operating the PID i Additional Funding ■ Authority: Chapter 311 of the Texas Tax Code. ■ Purpose: TIRZs are special zones created by City Council to attract new development to an undeveloped or underdeveloped area. ■ Financing Options: A new or existing TIRZ can be used on a "Pay-as-you-go" or bond financed basis. ■ Available Funds: Incremental revenue directly attributable to a property within a PID and TIRZ can be used to pay for the costs of public improvements. PID Creation, Assessments, and Administration Owners of taxable real property within the proposed PID boundaries submit application for creation of PID to the City City Council adopts a resolution accepting the PID application and authorizes publication of notice of public hearing • City publishes Notice of Public Hearing in newspaper • City Council conducts Public Hearing concerning creation of PID • City Council adopts a resolution creatingthe PID City Council files a copy of the creation resolution with the County Clerk. Note that a PID is not a separate governmental entity;it is governed by the City Council City Council adopts an ordinance approving the levy of assessments on the land within the PID City Council adopts an ordinance approving a Service and Assessment Plan("SAP") _ Athird-party'PID Administrator'can assist with the billing of assessments to property owners,collection of the assessments,and administrative oversight of the PID Questions?