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Agenda Packet City Council - 11/01/2022
o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, November 1,2022 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 Guajardo to call the meeting to order. B. Invocation to be given by Deacon Armando Botello, Our Lady of Guadalupe Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by John "Pancho" Lawson, Senior at Richard King High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 22-1899 Staff Announcement: Michael Rodriguez, Deputy City Manager 2. 22-1900 2022 United Way Campaign Kickoff, presented by Libby Averyt, President and CEO of United Way Corpus Christi 3. 22-1902 Distribution and Overview of the Procurement Policy and Procedures Guide, presented by Joshua Chronley, Assistant Director of Finance and Procurement 4. 22-1901 Upcoming Events: City of Corpus Christi Page 1 Printed on 10/31/2022 City Council Meeting Agenda-Final-revised November 1,2022 • 59th Greek Festival of Corpus Christi - Friday, November 4 thru Sunday, November 6 • Voices of South Texas - Saturday, November 5 • Walk to End Alzheimer's - Saturday, November 12 • Keeping Diabetes at Bay 5k Walk/Run - Saturday, November 12 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. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 5 - 20) 5. 22-1818 Approval of the October 25, 2022 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 6. 22-1733 Case No. 0922-01 Ryan Thurman (District 3): Ordinance rezoning property at or near 7017 Ayers Street, located along the west side of Ayers Street, south of Greenwood Drive, and east of the Crosstown Expressway (TX-286 N), from the "FR" Farm Rural District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the zoning change from the "FR"Farm Rural District to the "IL"Light Industrial District.)(Req u i res 2/3 Vote) sponsors: Development Services 7. 22-1734 Case No. 0922-02 HEP Javelina Company, LLC: (District 1): Ordinance rezoning property at or near 1230 McBride, located along the east side of City of Corpus Christi Page 2 Printed on 10/31/2022 City Council Meeting Agenda-Final-revised November 1,2022 McBride Lane, north of Interstate 37 and south of Up River, from the "IL" Light Industrial District to the "I H" Heavy Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval of the zoning change from the from the "I L" Light Industrial District to the "IH" Heavy Industrial District.)(Requires 2/3 Vote) sponsors: Development Services 8. 22-1735 Case No. 0922-03 Douglas N. and Jove Posey (District 1): Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive, from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission recommend approval of the zoning change to the "CG-2" General Commercial District. Staff recommends denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit) (Requires 2/3 Vote) sponsors: Development Services 9. 22-1566 Ordinance adopting the North Beach Drainage Improvement Project Plan and repealing Ordinance No. 031970 authorizing a previous drainage solution.(Requires 2/3 Vote) sponsors: Engineering Services 10. 22-1778 Ordinance authorizing the acceptance of a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of$206,608.00 for the FY 2022 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department to partially fund the purchase of 445 tasers as part of a previously approved five-year supply agreement; and appropriating $206,608.00 in the Police Grants Fund with $103,304.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $103,304.00 to be used by the City.(Requires 2/3 Vote) sponsors: Police Department 11. 22-1779 Ordinance accepting a grant in the amount of$94,500.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human-trafficking, drug smuggling, and other organized crime; and appropriating $94,500.00 in the Police Grants Fund.(Requires 2/3 Vote) sponsors: Police Department 12. 22-1787 Ordinance accepting a grant in the amount of$20,000.00 from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Corpus Christi Police Department for the purchase of 40 additional pieces City of Corpus Christi Page 3 Printed on 10/31/2022 City Council Meeting Agenda-Final-revised November 1,2022 of rifle resistant body armor; and appropriating $20,000.00 in the Police Grants Fund.(Requires 2/3 Vote) sponsors: Police Department 13. 22-1737 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District (CCNCPHD) to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide prevention and control services for Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS); and amending the operating budget.(Requires 2/3 Vote) sponsors: Health Department 14. 22-1750 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $48,348 with a City match of$9,670 for Tuberculosis Prevention and Control - Federal Grant Program to provide tuberculosis prevention and control services for the period January 1, 2023, through December 31, 2024; and amending the operating budget.(Requires 2/3 Vote) sponsors: Health Department 15. 22-1650 Ordinance authorizing a professional services contract with Hanson Professional Services Inc. in the amount of$143,057.50 for the Northwest Blvd Drainage Feasibility Study, an FY 2022 budget intitiative; appropriating $143,057.50 from unreserved fund balance in 1020 General Fund and amending the FY 2023 Public Works Operating Budget; Council District 1.(Requires 2/3 Vote) Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement 16. 22-1700 Ordinance authorizing Amendment No. 5 to the service agreement with Sec-Ops, Inc., for citywide security guard services in an amount not to exceed $410,904.13, with FY 2023 funding from various funds.(Requires 2/3 Vote) sponsors: Finance &Procurement Consent- Capital Projects 17. 22-1742 Motion awarding a construction contract to A. Ortiz Construction & Paving, Inc., Corpus Christi, Texas, for reconstruction of Strasbourg Drive from Grenoble Drive to Marseille Drive with new asphalt pavement and utility improvements, located in Council District 5, in an amount of$2,199,873.32 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, and Water Capital Funds.(Requires 2/3 Vote) City of Corpus Christi Page 4 Printed on 10/31/2022 City Council Meeting Agenda-Final-revised November 1,2022 Sponsors: Engineering Services, Public Works/Street Department and Finance & Procurement 18. 22-1687 Motion authorizing a professional services contract with Hanson Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for Cefe F. Valenzuela Landfill Sector 2A cell development in the amount of$803,479.40, located nine miles west of Corpus Christi on FM 2444 and CR 20, with FY 2023 funding available from Solid Waste Capital Fund. (Requires 2/3 Vote) Sponsors: Engineering Services, Solid Waste Operations and Finance & Procurement General Consent Items 19. 22-1808 Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Right of Way for sections of County Roads 18 and 43, allowing for the annexation of the Caroline Heights subdivision, by Cypress Point Capital, LLC. Sponsors: Planning Department 20. 22-1890 Resolution appointing a replacement at-large member to the ad hoc nominating committee to review and recommend candidates for the position of City Auditor. Sponsors: Chief Financial Officer J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEM 21) 21. 22-1773 Case No. 0822-03 Flint Hills Resources Corpus Christi, LLC (District 1): Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit.) (The Texan) (Requires 2/3 Vote) Sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22 - 23) 22. 22-1809 Resolution adopting the specific park Master Plans for Labonte Park and Cole Park. Sponsors: Parks and Recreation Department 23. 22-1820 Motion authorizing the purchase of an Airspace Easement and Restrictive Covenant from 8321 Weber, LLC and Weber-Oso Investments, LLC for $1,482,855, Located in the Clear Zone of NOLF Cabaniss Field, with City of Corpus Christi Page 5 Printed on 10/31/2022 City Council Meeting Agenda-Final-revised November 1,2022 funding available from the Texas Military Preparedness Commission Certificates of Obligation and the Community Development Grant Fund. (Requires 2/3 Vote) sponsors: Intergovernmental Relations M. BRIEFINGS: (NONE) N. EXECUTIVE SESSION: (ITEM 24) 24. 22-1790 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 potential purchase of Airspace Easement and Restrictive Covenant covering approximately 50 acres of property located in the south-most clear zone (approximately 3000'x1000') of Cabaniss Field between Weber Road and Oso Creek and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. O. ADJOURNMENT City of Corpus Christi Page 6 Printed on 10/31/2022 Cit`' of Corpus Christi 1201 Leopard Street x City Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, October 25,2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:44 a.m. B. Invocation to be given by Chaplain Charles Antwine, Corpus Christi Police Department. Chaplain Charles Antwine, Corpus Christi Police Department, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Norma Duran, Management Assistant, City Secretary's Office. Norma Duran, Management Assistant, City Secretary's Office, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. 1. 22-1863 Introduction of Dr. Fauzia Khan, Director of Public Health for the Corpus Christi-Nueces County Health District City Manager Peter Zanoni introduced Director of Public Health for the Corpus Christi-Nueces County Health District Dr. Fauzia Khan. Dr. Khan has over 16 years of experience in government and non-profit organizations. 2. 22-1813 Introduction of Al Arreola Jr., newly appointed CEO of the United Corpus Christi City of Corpus Christi Page 1 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Chamber of Commerce City Manager Peter Zanoni introduced newly appointed CEO of the United Corpus Christi Chamber of Commerce Al Arreola Jr. A meet and greet will be held on Wednesday, October 26 from 5:30 p.m. to 6:30 p.m. at the Solomon Ortiz Center. 3. 22-1865 Making Strides Against Breast Cancer- Awareness Walk on Saturday, October 29, 2022 City Manager Zanoni reported on the Making Strides Against Breast Cancer-Awareness Walk on Saturday, October 29, 2022 at 9:00 a.m., Texas A&M University Corpus Christi. Free parking is available at the university. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period at 12:00 p.m. William Beckett, 7518 Miriam Vale Court, spoke regarding the annular solar eclipse on October 14, 2023. The following citizens spoke in support of the North Beach Drainage Improvement Project Plan: Carrie Meyer, 4401 Gulfbreeze Blvd.; Ron Graban, 202 Surfside Blvd.; Barbara Johnson, 3938 Surfside Blvd.; and Barbara Welder, 202 Reef Avenue. The following citizens spoke regarding political signs at city-owned facilities: Jim Klein, 3501 Monterrey St.; Sylvia Campos, 4410 Fir St.; and Armon Alex, 1610 La Joya St. Dr. Nancy Vera, 4405 Carlton St., invited the City Council to attend the Dia de los Muertos kick-off fiesta at the Antonio Garcia Arts and Education Center on Thursday, October 27 and spoke about the prohibition of political signs at city facilities. Barbara Baker, 334 Ohio Ave., spoke regarding animal control and animal cruelty. Adam Rios, 7301 Tangled Ridge Court, thanked Council for their support of the skate park and announced the Cole Park Skatepark Ribbon Cutting on Thursday, October 27, 2022, at 10:00 a.m. Sierra Barnard, 16110 Bromsedge St., spoke about a proposal for a splash pad on North Padre Island. Christopher Phelan, 3806 Kingston Dr. and Frank Van Horn, 5348 McBride Lane, spoke regarding Item #15. Benard Gottschalk, San Antonio, TX, spoke regarding Item #11. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) City of Corpus Christi Page 2 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 I. CONSENT AGENDA: (ITEMS 4 - 13) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 10, 11 and 12 for individual consideration. A motion was made by Council Member Molina, seconded by Council Member Lerma to approve the Consent Agenda with the exception of Items 10, 11 and 12. 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 4. 22-1799 Approval of the October 18, 2022 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 22-1649 Ordinance authorizing the acceptance of a grant from the Commission on State Emergency Communication under the Texas 9-1-1 Entity subrecipient subaward grant contract in the amount of$317,845.60 for the implementation of the NexGen 9-1-1 system; and appropriating $317,845.60 in the Police Grants Fund.(Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032894 6. 22-1684 Ordinance authorizing the acceptance of a grant from The Hartford in the amount of$10,000.00 to the Corpus Christi Fire Department to support community-wide fire safety education efforts and programming; and appropriating $10,000 into Fire Grant Fund. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032895 7. 22-1681 Ordinance authorizing a Water Arterial Transmission Grid Main Construction and Reimbursement Agreement ("Agreement") for up to $67,917.98 with MPM Development, LP ("Developer") for the construction of a water arterial transmission grid main line for a residential development located on Farm Road 43 (Weber Road) and West of County Road 33, East of Digger Lane, with a completion date of within 24 months; appropriating future revenues of $67,917.98 from the Water Arterial Transmission & Grid Main Trust Fund to City of Corpus Christi Page 3 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 reimburse the developer in accordance with the agreement. (District 3) (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032896 8. 22-1682 Ordinance authorizing an amendment in the amount of$1,801,799.00 to the Wastewater Lift Station, Gravity, and Force Main Line Construction and Reimbursement Agreement with The Mostaghasi Investment Trust, DBA Sun George Contracting Company, to construct the Wastewater Lift Station for River Ridge Unit 4; transferring $39,694.18 from the Wastewater Collection Line Trust Fund, $163,925.70 from the Water Distribution Main Trust Fund, and $615,966.67 from the Water Arterial Transmission & Grid Main Trust Fund to the Wastewater Trunk System Trust Fund; authorizing appropriation of $1,609,387.00 from the Wastewater Trunk System Trust Fund and transferring future revenues in the amount of$192,412.00 to reimburse the developer per the amended agreement. (District 1) (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032897 Consent- Contracts and Procurement 9. 22-1638 Motion authorizing a one-year service agreement with Carahsoft Technology Corporation of Reston, Virginia in the amount of$80,689.33, for the purchase of DocuSign Electronic Signature and Contract Routing Tool and related Support through the DIR Cooperative for City departments with FY 2023 funding available in the Information Technology Fund. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-156 Consent- Capital Projects 10. 21-0485 Motion authorizing a professional services contract with Freese and Nichols, Inc., Corpus Christ, Texas, to provide design, bid, and construction phase services for Wesley Seale Dam Instrumentation Rehabilitation in an amount not to exceed $358,005.32, with FY 2023 funding available from Water Capital Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 10. A Council Member and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: a Council Member's concern that Freese and Nichols received a perfect score; and a Council Member's request for a fair objective process for all companies. City of Corpus Christi Page 4 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Council Member Hernandez made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: M2022-157 11. 22-0960 Resolution rejecting the bid of American Abatement, LLC as non-responsive and authorizing execution of a construction contract with Camacho Demolition, LLC Corpus Christi, TX as the lowest responsive, responsible bidder in the amount of$3,052,008.30 for the Broadway Wastewater Treatment Plant Demolition project, located in City Council District 1, with FY 2023 funding available from the Wastewater Capital Fund. (Requires 2/3 Vote) Mayor Guajardo referred to Item 11. Council Members, Assistant Director of Finance and Procurement Josh Chronley, Assistant City Manager Neiman Young and City Manager Peter Zanoni discussed the following topics: the City has been spending about $81 M a year on utilities on the Broadway Wastewater Treatment Plant which affects utility rates; staff does not recommend hiring American Abatement because they do not believe the company's bid is accurate due to an error in pricing; the owner admitted that there was an error in a line item; and Council Member's request for a local preference ordinance. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Nay: 2- Council Member Hernandez and Council Member Smith Abstained: 0 Enactment No: 032898 General Consent Items 12. 22-1711 Motion approving the 2022 Property Tax Levy of$163,012,950.99 based on the adopted property tax rate of$0.620261 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Mayor Guajardo referred to Item 12. Council Members and Director of Finance and Procurement Heather Hurlbert discussed City of Corpus Christi Page 5 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 the following topics: the 3.5% tax rate applies to the maintenance and operation for existing properties; the 7% includes new construction and improvements to existing properties; a Council Member's concern about the tax rate increase; and a Council Member's request for the rate increase above the no new revenue rate. Council Member Pusley made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Hunter Abstained: 0 Enactment No: M2022-158 13. 22-1181 Resolution authorizing outside city limits water contract with MPM Development, LP to provide public water to Gemini Acres Unit 1. (Developer will work to achieve voluntary annexation for all future Units of Gemini Acres.) (Requires 2/3 Vote) This Resolution was passed on the consent agenda. Enactment No: 032899 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:18 p.m. Executive Session Items 25 and 26 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:07 p.m. K. PUBLIC HEARINGS: (ITEMS 14 - 16) 14. 22-1733 Case No. 0922-01 Ryan Thurman (District 3): Ordinance rezoning property at or near 7017 Ayers Street, located along the west side of Ayers Street, south of Greenwood Drive, and east of the Crosstown Expressway (TX-286 N), from the "FR" Farm Rural District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the zoning change from the "FR"Farm Rural District to the "IL"Light Industrial District.)(Req u i res 2/3 Vote) Mayor Guajardo referred to Item 14. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; analysis and recommendation; and planning commission and staff recommend approval. City of Corpus Christi Page 6 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 15. 22-1734 Case No. 0922-02 HEP Javelina Company, LLC: (District 1): Ordinance rezoning property at or near 1230 McBride, located along the east side of McBride Lane, north of Interstate 37 and south of Up River, from the "IL" Light Industrial District to the "IH" Heavy Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval of the zoning change from the from the "IL" Light Industrial District to the "IH" Heavy Industrial District.)(Requires 2/3 Vote) Mayor Guajardo referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; and staff analysis and recommendation. Mayor Guajardo opened the public hearing. Representative for Howard Energy Partners, Frank Van Horn, 5348 McBride Lane, stated that Howard Energy is a midstream oil and gas company. The purpose of Howard Energy is to deliver positive, affordable and reliable energy. Roger Harris, 14606 Juniper Forest Lane, Houston, TX, stated that this project would construct a clean hydrogen facility; the facility would produce renewable energy by converting hydrogen and carbon dioxide. This would be the first facility of its kind in the country. Mayor Guajardo closed the public hearing. Council Members, Director Raymond, and Mr. Harris discussed the following topics: a Council Member's concern about zoning this property Heavy Industrial "IH" due to its proximity to a residential area; and this project's investment is tens of millions of dollars and would diversify the City's economy. Council Member Hunter made a motion to approve the ordinance, seconded by Council City of Corpus Christi Page 7 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Member Lerma. This Ordinance was passed on first reading 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 Smith Nay: 1 - Council Member Pusley Abstained: 0 16. 22-1735 Case No. 0922-03 Douglas N. and Jove Posey (District 1): Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive, from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission recommend approval of the zoning change to the "CG-2" General Commercial District. Staff recommends denial of the zoning change to the "CG-2" General Commercial District and in lieu thereof approval of a "ON/SP" Neighborhood Office District with a Special Permit)(Requires 2/3 Vote) Mayor Guajardo referred to Item 16. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; public notification; staff analysis and recommendation; and special permit conditions. A Council Member spoke in support of staffs recommendation to protect the surrounding neighborhood. Council Member Lerma made a motion approving the ordinance with a special permit, seconded by Council Member Pusley. Mayor Guajardo opened the public hearing. Owner of Riverside Veterinary Clinic, Dr. Doug Posey, requested that his property be zoned CG-2. He said the special permit bisects his property. The area in question should have been zoned CG-2 when the property was annexed. Council Member Lerma rescinded his motion to approve the ordinance with a special permit, seconded by Council Member Pusley. Murray Bass, Bass & Welsh Engineering, stated that when the property was rezoned, the city limit was along the north line so the subject property could not be zoned correctly at that time. Mayor Guajardo closed the public hearing. City of Corpus Christi Page 8 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 A Council Member stated that a special permit does not address the owner's needs and is in support of the CG-2 zoning. Council Member Lerma made a motion to approve the ordinance approving the CG-2 zoning, seconded by Council Member Pusley. 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 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 17) 17. 22-1566 Ordinance adopting the North Beach Drainage Improvement Project Plan and repealing Ordinance No. 031970 authorizing a previous drainage solution.(Requires 2/3 Vote) Mayor Guajardo referred to Item 17. Council Members, City Manager Peter Zanoni, and Senior Civil Project Manager with MIG Nathaniel Riedy discussed the following topics: this project was based on the 2021 budget; LAN's study included culverts for the crossings; a Council Member's request for conveyances to replace culverts; the type of bridge structure will be considered after the design consultant is chosen; and the importance of using every source of funding for this project. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Martinez Abstained: 0 M. FIRST READING ORDINANCES: (ITEMS 18 -24) 18. 22-1778 Ordinance authorizing the acceptance of a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of$206,608.00 for the FY 2022 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department to partially fund the purchase of 445 tasers as part of a previously approved five-year supply agreement; and appropriating $206,608.00 in the Police Grants Fund with $103,304.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $103,304.00 to be used by the City of Corpus Christi Page 9 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 City.(Requires 2/3 Vote) Mayor Guajardo referred to Items 18-22. Council Member Pusley requested that Items 18-22 be approved with one vote. Mayor Guajardo asked for public comment. There were no comments from the public. Council Member Pusley made a motion to approve Items 18-22, seconded by Council Member Lerma. 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 19. 22-1779 Ordinance accepting a grant in the amount of$94,500.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human-trafficking, drug smuggling, and other organized crime; and appropriating $94,500.00 in the Police Grants Fund. (Requires 2/3 Vote) See Item 18. 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 20. 22-1787 Ordinance accepting a grant in the amount of$20,000.00 from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Corpus Christi Police Department for the purchase of 40 additional pieces of rifle resistant body armor; and appropriating $20,000.00 in the Police Grants Fund. (Requires 2/3 Vote) See Item 18. 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 21. 22-1737 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District (CCNCPHD) to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide prevention and control services for Sexually City of Corpus Christi Page 10 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS); and amending the operating budget.(Requires 2/3 Vote) See Item 18. 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. 22-1750 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $48,348 with a City match of$9,670 for Tuberculosis Prevention and Control - Federal Grant Program to provide tuberculosis prevention and control services for the period January 1, 2023, through December 31, 2024; and amending the operating budget.(Requires 2/3 Vote) See Item 18. 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. 22-1650 Ordinance authorizing a professional services contract with Hanson Professional Services Inc. in the amount of$143,057.50 for the Northwest Blvd Drainage Feasibility Study, an FY 2022 budget intitiative; appropriating $143,057.50 from unreserved fund balance in 1020 General Fund and amending the FY 2023 Public Works Operating Budget; Council District 1.(Requires 2/3 Vote) Mayor Guajardo referred to Item 23. Assistant Director of Engineering Project Management Ratna Pottumutha presented information on the following topics: project location; project scope; and project schedule. Council Members, Assistant Director Pottumutha, and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: a Council Member's concern about the scoring process when selecting an engineering firm and a request for more consistency; and Assistant Director Chronley had earned a Texas Certified contract Developer certification. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. City of Corpus Christi Page 11 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 24. 22-1700 Ordinance authorizing Amendment No. 5 to the service agreement with Sec-Ops, Inc., for citywide security guard services in an amount not to exceed $410,904.13, with FY 2023 funding from various funds.(Requires 2/3 Vote) Mayor Guajardo referred to Item 24. Assistant Director of Finance and Procurement Josh Chronley requested a three month extension to the existing security contract and to amend the total contract for an amount not to exceed $410,904.13. Council Members and Assistant Director Chronley discussed the following topics: the security guards are responsible for patrolling and monitoring all spaces within the various locations and surrounding parking areas to ensure safety; and about 50% of security guards are armed. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEMS 25 -26) Mayor Guajardo referred to Executive Session Items 25 and 26. The Council went into Executive Session at 1:18 p.m. The Council returned from Executive Session at 2:07 City of Corpus Christi Page 12 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 p.m. 25. 22-1789 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 case of in Lina Monique Garza, Richard Mojica, Individually and on Behalf of the Estate of Emilio Mojica, Deceased v. City of Corpus Christi, Texas; Phillip Peterson, in his individual capacity;Antonio Contreras, in his individual capacity; Zakquery Rodgers, in his individual capacity; and Jimmy Leal, in his individual capacity including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the execution of all documents necessary to settle the lawsuit of Lina Monique Garza, Richard Mojica, Individually and on Behalf of the Estate of Emilio Mojica, Deceased v. City of Corpus Christi, Texas; Phillip Peterson, in his individual capacity; Antonio Contreras, in his individual capacity; Zakquery Rodgers, in his individual capacity; and Jimmy Leal, in his individual capacity in exchange for the City funds previously authorized for attorneys, experts, and service providers to assist in this lawsuit plus an additional City-provided amount not to exceed $50,000 Council Member Smith made a motion to approve the motion, seconded by Council Member Molina. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2022-159 26. 22-1801 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 case of Graham Construction Services, Inc. v. City of Corpus Christi, Xylem Water Solutions and Atlas Copco Compressors v. Carollo Engineers, PC, Travelers Casualty and Surety Company, Control Panels USA, Inc. and Fluid Components International LLC, and City of Corpus Christi v. Carollo Engineers, P.C. including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. City of Corpus Christi Page 13 Printed on 1012812022 City Council Meeting Minutes October 25, 2022 This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal, engineering, and other professional consulting and expert witness services and associated court reporter, copy, travel, data, and other costs for the lawsuit of Graham Construction Services, Inc. v. City of Corpus Christi, Xylem Water Solutions and Atlas Copco Compressors v. Carollo Engineers, PC, Travelers Casualty and Surety Company, Control Panels USA, Inc. and Fluid Components International LLC in a total added amount not to exceed $1,500,000 with the law firms of Kilpatrick Townsend & Stockton, LLP and Hartline Barger, LLP and authorize carry-over of unexpended funds into the following fiscal years. Council Member Molina made a motion to approve the motion, seconded by Council Member Smith. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: M2022-160 P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 3:26 p.m. City of Corpus Christi Page 14 Printed on 1012812022 SC G� O1k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of October 25, 2022 xss2 Second Reading for the City Council Meeting of November 1, 2022 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning for Property at or near 7017 Ayers Street. CAPTION: Case No 0922-01 Ryan Thurman (District 3): Ordinance rezoning property at or near 7017 Ayers Street from the "FR" Farm Rural District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. PURPOSE: The purpose of this request is to allow for a boat repair facility that will operate between the hours of 8:00 AM and 5:00 PM with a total of 8 employees, accompanied by a marine construction services office. BACKGROUND AND FINDINGS: The subject property is 1 .592 acres in size. To the north, the adjacent property is zoned "RS-6" Single-Family 6 District. To the east and west, the properties are zoned "FR" Farm Rural District. There is no property south of the site. Ayers Street merges with Crosstown Expressway (TX-286 N) south of the site; and immediately north is the city's limit. The property is surrounded by Public/Semi-Public uses. As detailed in the attached report, the applicant is seeking a rezoning to allow a 9,800- square-foot boat repair facility that will also accommodate office space for marine construction services. The facility would operate between the hours of 08:00 AM and 05:00 PM during the weekdays with a total of 8 employees. West-adjacent of the site is the approximately 155-acre J.S. Elliott Landfill currently zoned "RS-6" Single-Family 6 District and "FR" Farm Rural District, and to its east and north the over 940-Acre Cabaniss Naval Outlying Landing Field zoned "FR" Farm Rural District. The location on Crosstown Expressway for the proposed development is appropriate as industrial uses are typically located along major transportation routes. The proposal is also compatible with the surrounding uses as they are categorized as industrial. The proposed rezoning for an industrial use is inconsistent with the Future Land Use Map (FLUM) designation of Agriculture/Rural Enterprise and would require an amendment to the map. *The Development will have an approximate Floor Area Ratio (FAR) of 0.14. A maximum Floor Area Ratio of 0.11 is prescribed within the Accidental Potential Zone 1 (APZ-1) of the recently adopted Military Compatibility Area Overlay District (MCAOD) and 0.22 within the Accidental Potential Zone 2 (APZ-2) with development prohibited in the Clear Zone (CZ) for a repair type of use. The site is not within the clear zone (CZ), Accident Potential Zone 1 (APZ-1), or Accident Potential Zone 2 (APZ-2) of the Cabaniss Naval Outlying Landing Field (NOLF), however is within its Light and Vertical Obstruction subzones. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposed approval of the change of zoning. ALTERNATIVES: 1 . Denial of the change of zoning from "FR" Farm Rural District to "IL" Light Industrial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District on September 7, 2022. Vote Count.- For: ount:For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommended approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0922-01 Ryan Thurman (District 3): Rezoning a property at or near 7017 Ayers Street from the "FR" Farm Rural District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. 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 1 .592-acre tract out of Lot 4, Section 4, Bohemian Colony Lands, as shown in Exhibit "A" and "B": From the "FR" Farm Rural District to the "IL" Light Industrial District. The subject property is located at or near 7017 Ayers Street. Exhibit A, which is a metes and bounds description of the property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance. 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 Exhibit A STATE OF TEXAS COUNTY OF NUECES Fieid Notes of a 1.592 acre tract being out of Lot 4,Section 14,"13oltemian Colony Lands"as shown on the plat recorded in Volume A,Page 48,Map Records Nueces County,Texas.Said 1.592 acre tract being more particularly described as follows: BEGINNING at a broken monument found in the intersection ofthe northwest right of way of Ayers Street,also known as State Highway 286 and Chapman Ranch Road,and the southwest right of way of Greenwood Drive,and for the cast comer of this survey,from"WHENCE a 519"re-bar found in the northwest right of way of Ayers Street,for the east corner of the United States of America 50.81 acre tract,known as Tract C•20,as described in a deed recorded in Volume 2182,Page 781,Deed Records Nueces County,Texas,bears North 28°54'28"East,a distance of 2219.93 feet. THENCE with the common line ofnortbwest right of way of Ayers Street and this survey,South 26°29'38"West,a distance of 264.81 feet to a TxDot monument found In the intersection of the northwest right ofcvay ofAyers Street and the southeast right of way of State Highway 286,also known as Crosstown Expressway,for the east comer of the State of Texas 19.70 acre tract as described in a deed recorded in Document No.8804 L0,Deed Records Nueces County,Texas,and for the south comer of this survey. THENCE with the common Line of the right of way of State Highway 286,said 19-70 acre tract,and this survey,North 61°18'28"West,a distance of 225.41 feet to a drill hole set in the southeast right of way o£State Highway 286,for an inside corner of said 19.70 acre tract,for a point of curvature of a curve to the left with a radius of 5929.58 feet,and for the Avast comer of this survey. THENCE with the common curve of the southeast right of way of State Highway 286,said 19.70 acre tract,and this survey,a chord bearing of North 10°04'03"East,a chord distance of 276.02 feet,and a total are distance of 276.04 feet to a power pole found in the intersection of the southeast right of way of Stale Highway 286 and the southwest right of way of Greenwood Drive,forthe northeast corner of said 19.70 acre tract,and for the north comer ofthis survey, THENCE with the common line of the southwest right of way of Greenwood Drive and this survey, South 61°53'01"East,a distance cf 303.42 to the POINT of BEGINNING of this survey,and containing 1.592 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar=re-bar set with yellow plastic cap labeled Brister Surveying. 1,Ronald E.Bristcr do hereby certify that this survey of the property legally described herein was made on the ground this day hftL1.2022 and is correct to the best of my knowledge and belief. aw Ronald E.Brister,RPLS No.5407 Bate:May 12,2022. ��►+wa Qr•k�p RONa'4D E taRISTER ...........0.. $ilia / Sob No.220980 V Page 4 of 5 Exhibit B RS-6 2 x Q F Qy�Rsr ysy1s61A �?86 00 Ayf_R'6141k a� s a v ' y y SUBJECT �; �;/PROPER-TY N N F g N Z O CASE: 0922-01 N SUBJECT PROPERTY WITH ZONING corpus ® -- -.__Christi 5 Rcli_i<�wn Subject Property A-1 Apartment House Dis[na -1 limited lndus[nal Dis[nct A-1A Apartment House Dion a -2 ❑ghtlntlusfial Distnot A-2 Apartment House Distrist -3 Heavy Industrial District AB Professional Office District PUD Plunned Unit D evelopment AT Apartment ..atDian-i,t R-rA Ono FamilyD�uingDism" SUBJECT\ - inelgnenfi00dansnessDisnia R-1a On,FamilyD uingDisma PROPERTY &1A Neighborhood Brain—Distna R-1c On e Family Dwelli ng"'Ho' B2 Bayfront Busness Distna R-2 MAPlo Dwelll ng District B-2A Barn o IsI a nd Bu sin ess DiAn A RA Ona Family D—Ili ng Distrix B-3 Business District RE Residential Estate Distia who, E4 -en era l Business DlsPl[Y F-TH 1-101se Clwelling olstrl¢ PryPrimary Business Drstrist SP Special Permit B Primary B usoess core Distrix TIA Travel Trailer Park Distrix City of BD corpus chnsti Beach Design Dist. T-B Manufactured Home Park District F-R Farm R-1 Distriat T-rc Mznufactured Home Subdwision Corpus Esri,HERE, He Histerca2culturalLandmark Dfs<ria Christi LOCATION MAP Pre—atian Page 5 of 5 ZONING REPORT Case # 0922-01 Applicant & Subject Property City Council District: 3 Owner: Ryan Thurman Applicant: Ryan Thurman Address: 7017 Ayers Street Location: Along the west side of Ayers Street, south of Greenwood Drive, and east of the Crosstown Expressway Access Road Legal Description: 1 Acre out of Lot 4, Section 4, Bohemian Colony Lands Acreage of Subject Property: 1 .592 acres Pre-Submission/Early Assistance Meeting: 02/24/2022 Zoning Request From: "FR" Farm Rural District To: "IL" Light Industrial District Purpose of Request: To allow for a boat repair facility that will operate between the hours of 8:00 AM and 5:00 PM with a total of 8 employees accompanied by a marine construction services office. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agricultural Agriculture/Rural Enterprise North "RS-6" Single-Family 6 Public/Semi-Public Government South OCL OCL OCL East "FR" Farm Rural Public/Semi-Public Transportation West "FR" Farm Rural Public/Semi-Public Agriculture/Rural Enterprise Plat Status: Property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): Yes. The property is within the Light and Vertical Obstruction Subzones of the MCAOD overlay of the Cabaniss Naval Outlying Landing Field (NOLF). Code Violations: None. Transportation and Circulation FOR Crosstown Expressway (TX-286N), Ayers Street, and Greenwood Drive Crosstown Designation-Urban Section Proposed' Section Existing' Expressway Street (TX-286 N) 3 Lanes, (Texas Tropical Access Road - 100 Feet TRL) FAyers Street Design e 'Urban Street' Section Proposed' Section Existing' (Chapman "Cl" Minor Residential2 Lanes Ranch Road) Collector 60' R.O.W. Approx. 130 Feet Designation-Urban Section Proposed' Section Existing' Greenwood Street Drive Local 46' R.O.W. 2 Lanes, Approx.130 Feet Bicycle Infrastructure Distance to Bicycle Network 2 Segment Segment Proposed Existing2 Approx. 1 mile: Off Holly & Kostoryz Roads Off-Road Multi Use Trail - Transit: The Corpus Christi RTA provides transit services via Bus Route 19 Ayers at Saratoga Blvd and Ayers Street, half a mile north of the site. 'City of corpus Christi Urban Transportation Plan 2Strategic Plan for Active Mobility Utilities Gas: No service line exists. Stormwater: A 96-inch SBC Storm pipe exists along the east side of Crosstown Expressway Access Road (TX-286 N). Wastewater: The nearest line (8-Inch Clay Pipe) is approximately 3,000 Feet north of property, and per the Unified Development Code Article 8.2.7 Wastewater, is not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City Wastewater Standards. Water: An 8-inch PVC waterline exists along the west side of Ayers Street and jogs to its east side at the northeast corner of the site, as well as a 6-inch PVC waterline along the north side of Greenwood Drive. There are abandoned water lines along the northern and eastern boundaries of the property. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: A 48-Inch water line is proposed along the east side of Ayers Street. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 2 within a 200-foot notification area • 2 outside 200-foot notification area In Opposition . 0 inside notification area 0 0 inside notification area Zoning Report Page 3 • 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: September 7, 2022 City Council 1St Reading/Public Hearing Date: October 25, 2022 City Council 2nd Reading Date: November 1 , 2022 Background: The subject property is a 1 .592-acre-tract bounded to the west by Crosstown Expressway (TX- 286 N), to the north by Greenwood Drive, and to the east by Ayers Street, and about half a mile north of the city's limit, the Oso Creek, and the London Area. There is no property south of the site; Ayers Street merges with Crosstown Expressway (TX-286 N) south of it. West-adjacent of the site is the approximately 155-acre J.S. Elliott Landfill currently zoned "RS-6" Single-Family Residential and "FR" Farm Rural, and to its east and north the over 940- Acre Cabaniss Naval Outlying Landing Field (NOLF) zoned "FR" Farm Rural. The applicant is proposing a 9,800-square-foot boat repair facility that will also accommodate an office space for marine construction services. The facility will operate between the hours of 8:00 AM and 5:00 PM during the weekdays with a total of 8 employees. The proposed use has the characteristic of the Light Industrial category, "...engaging in the manufacturing, assembly, repair, or servicing of industrial, business, or consumer machinery, equipment, products, or by-product mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off- site," which allows Limited or Heavy Vehicle Services. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Avoid development that is incompatible with the operation of military airfield and the airport. Future Land Use Map Consistency: The proposed rezoning for an industrial use is inconsistent with the Future Land Use Map (FLUM) and would require an amendment: o Designated Future Land Use: Agriculture/Rural Enterprise. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: o The proposed rezoning is inconsistent with the Future Land Use Map (FLUM); however, it is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o Industrial uses are typically located near major transportation routes and are small-to- medium in scale. The site is appropriate. o The proposed development is compatible with the surrounding uses. The Unified Development Code (UDC) allows landfill and landing field uses under a Light Industrial District. o The site is within the Cabaniss Naval Outlying Landing Field (NOLF) Military Compatibility Area Overlay District's (MCAOD) Light and Vertical Obstruction subzones. o The Light Subzone regulates lighting to prevent visual interference during training and operation. o The Vertical Obstruction Subzone regulates the height of structures for safe flight approaches, departures, and pattern operations. o The proposed development, although outside of the Clear Zone (CZ), Accident Potential Zone 1 (APZ-1), and Accident Potential Zone 2 (APZ-2), would have an approximate Floor Area Ratio (FAR) of 0.14. A repair type use is allowed with a maximum FAR of 0.11 in the Accident Potential Zone 1 (APZ-1), and a maximum FAR of 0.22 in the Accident Potential Zone 2 (APZ-2), however development is prohibited in the Clear Zone (CZ) of the Cabaniss Naval Outlying Landing Field (NOLF). After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (September 7, 2022): Approval of the change of zoning from the "FR" Farm Rural District to the "IL" Light Industrial District. Attachments: 1 . Attachment A: Location Map (Existing Zoning and Notice Area) Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA RS-6 N y� v� P Ay��s''Oy�2.getP ?gG CO APER 2 ?°s v 0 y SUBJECT ROPER, Y N N 1 FR g H 0 Q CASE: 0922-09 N Zoning and notice Area „I I)rIS w E RM-1 Multifamily) IL Heavy Indusia) Rr',I]eiGv:t1 —hr ISO RM-2 Multifamily2 IH Heavy IndustrialRM-3 Multif—I" PUD Planned Unit Dev.Overlay K� I ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT R" Single Fam ly 5 CN-1 Neighborhood Commercial RS 45 Single-Famly4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate »(1. CG-1 General Commercial RS TH Townhouse CG-2 General Commercial SP Special Permit all CI Intensive Commercial RV Recreational Vehicle Park SUBJECT\ CBD Downtown Commercial RMH Manufactured Home PROPERTY CR3 Resort Commercial FR Farm Rural H Historic i Overlay BP Business Park 0 swiuo'eoh200Oufier7Z=y O owners r favor 4Own",wnntn200'"ned- y owrs 01V of ettecnee ownership lege Xmneopposmoo c pAS Esn,HERE, Christi LOCATION MAP Zoning Case 0922-01 " Ryan Thurman DISTRICT 3 Rezoning for a property at 16 � 7017 Ayers Street .� G qy From "FR" to "IL" FRsroystiw zasTA !► � �, `,�, ' P�Eas"ti-rA y� 1w a+�•�•n�;1,:",�' ,1f'a�", Corpus u r. Christ �, y�.�,� .� ��.• Robstwm • 'Y 't SUBJECT\ 9 � s p�lAyy PROPERTY m,li E"',HEaE, LOCATION MAP .� City Council October 25, 2022 Zoning and Land Use Proposed Use: X0099877 Boat Repair Facility with a Marine Construction Office RS-6 " Area Development Plan: 3 55 Southside (Adopted March 17,2020) m c 4yeRsr�PSNLh- in y� 206 =��o Military Compatibility Area Overlay District: Light and Vertical Obstruction Subzone (Effective ae August 22, 2022) /suerEcr ®9/99/99w m /?ROPER-TY Future Land Use Map: Agricultural/Rural Enterprise Existing Zoning: FR X999999 "FR" Farm Rural F p Adjacent Land Uses: N • North: Public/Semi-Public w South: Outside City Limit t • East: Public/Semi-Public • West: Public/Semi-Public Public Notification 2 Notices mailed inside 200' buffer 2 Notice(s) mailed outside 200' buffer RS-6 4 >° 2 S �y5 Notification Area 4 mps yS TOy�HK�' PYE IsC� Opposed: 0 (0.00%) Z Separate Opposed Owners. 0 W o � �SUBdECP N /PROPER,T.Y In Favor: 0 (0.00%) ROPES FR F C "Notified property owner's land in SQF/Total square o N footage of all property in the notification area = w Percentage of public opposition. Analysis And Recommendation o The proposed rezoning is inconsistent with the Future Land Use Map; however, it is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. o Industrial uses are typically located near major transportation routes and are small-to-medium in scale. The site is appropriate. o The proposed development is compatible with the surrounding uses. The Unified Development Code (UDC) allows landfill and landing field uses under a Light Industrial District. (Adjacent to the site are the J.S. Elliott Landfill and the Cabaniss Naval Outlying Landing Field) o The site is within the Cabaniss Naval Outlying Landing Field (NOLF) Military Compatibility Area Overlay District's (MCAOD) Light and Vertical Obstruction Subzones. o The Light Subzone regulates lighting to prevent visual interference during training and operation. o The Vertical Obstruction Subzone regulates the height of structures for safe flight approaches, departures, and pattern operations. o The proposed development, although outside of the Clear Zone (CZ),Accident Potential Zone 1 (APZ-1), and Accident Potential Zone (APZ-2), would have an approximate Floor Area Ratio (FAR) 0.14. A repair type development is allowed with a maximum FAR of 0.11 in the APZ-1 zone and 0.22 in the APZ-2 zone with structures prohibited in the CZ zone. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning request from "FR" Farm Rural District to "IL" Light Industrial District. N N Or CM 00 Oy '286i 1,IiAv Ilk Q //.� �~ . *..• ,s .fir.�� OL NSUBJECT 40i s PROPERTY .' r . �* � s" x>r Ali•x r �.r Jr. •� r�. CO 4 pli«� � dt�+� CASE: 0922-01 N Corpus WE Aerial ViewChristi s Subject Property SUBJECT\ PROPERTY City of Corpus ;�i HEFE, Christi LOCATION MAP so �o o� A P AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 10/25/2022 Second Reading Ordinance for the City Council Meeting 11/1/2022 µCORPOR I 1852 DATE: October 25, 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 1230 McBride Lane CAPTION: Case No. 0922-02 HEP Javelina Company LLC (District 1): Ordinance rezoning property at or near 1230 McBride Lane, located along the east side of McBride Lane, north of Interstate 37 and south of Up River Road from the "IL" Light Industrial District to the "IH" Heavy Industrial District; Providing for a penalty not to exceed $2,000 and publication. SUMMARY: The proposed use is the deployment of a small-scale, commercial demonstration project to showcase Infinium technology for the conversion of carbon dioxide and hydrogen into cleaner synthetic fuels and chemicals. BACKGROUND AND FINDINGS: The subject property is 17.49 acres in size. To the north, properties are zoned "IL" Light Industrial with light industrial uses. To the south, properties are zoned "IL" Light Industrial with light industrial and vacant land uses. To the east, properties are zoned "IH" Heavy Industrial with heavy industrial land uses. To the west, properties are zoned "IL" Light Industrial with light industrial and public/semi-public land uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map. Public Input Process Number of Notices Mailed 16 within a 200-foot notification area 4 outside notification area As of September 13, 2022: 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 change of zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "IL' Light Industrial District to the "IH" Heavy Industrial District on September 7, 2022. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the change of zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0922-02 (District 1) Ordinance rezoning a property at or near 1230 McBride Lane from the "IL" Light Industrial District to the "IH" Heavy Industrial District; Providing for a penalty not to exceed $2,000 and publication. 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 17.49 acres consisting of various tracts of Dunn Tract, Ehlers Garden Tracts, and Best Addition as submitted by metes and bounds, as shown in Exhibit "A" From the "IL" Light Industrial District to the "IH" Heavy Industrial District. The subject property is located at or near 1230 McBride Lane. Exhibit A, which is a subject property map and deeds of titles with the metes and bounds incorporated,is 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 by a fine not to exceed $2,000.00 for each offense; 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 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Exhibit A S- TF IH S•-.6 !H SUBJECT i i IH CASE: 0922-02 `"" � SUBJECT PROPERTY WITH ZONING ® Portland Subject Properly A-1Apaltr—T Hmuse D%M1 -1 LuTi m nd..01al U.M'1 A-1A Ppaltrl�trl'�Eilrt HO Dle= -2 Lwin InduWW Dl,.w 1hris A-2 ApaltM—e D%Mi 1-3 H-g lmllEtrldl DhWd AB Mo(m oml OMI D15md PLl❑ PtiIned Urot DeMpmern AT Apaltr—t-7-151DlEtdd R-1A CrreFainlyDwellrtyMhid Rva stown El-7 NB'.ghbWwW13u5—Dlsrld R-1B CmF3mtyDAefIrXgUsIMt SUBJECT-, &1A NNgNWh—d Bu91—IAM R-1C one Famly DIM ng rime PROPERTY E}2 BaI7rullt and 955 L.D FIA Mlftlple DwLD-DNtrld &24 Barrlg I61afA Buttress LYstrlct RA one Fainly DApllr�g LYsmcl B-3 Ewlress D%= RE RENdHltlal E=E Us= Bd Gen EY21 Bmelress DIEVIc1 R-TH Td'Arlllalue Dwelling D16111d &5 PM-ry IMMr EE❑16tr1d Sp 3Spedal Pemlll Bi FVnwry BLA—Core M&M T-1A Travel Trailer Park DW-trld — — SD Cnlpos Chris Bead)D%W DIa TAH Mamfaelred Hame Pa11 UsM LI.4 L 4L F-R Farm R-1 DMM TAC MwLirad1red Flom SubWgm Col P11, He HwmM.acuhralLanomark o16md C'hri [i Lri.FERE. LOCATION MAP' Re6LYY.1. Exhibit A The following pages are an accounting of all properties associated change of zoning and consist of multiple parcels creating a total area described as 17.49 acres consisting of various tracts of Dunn Trat, Ehlers Garden Tracts, and Best Addition subdivisions. VOL 2302 PAGE NO P'RA31'Vr' 1009 WARRANTY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NO. 26, acting herein by and through its duly authorized officer, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto 3AVELINA COMPANY, a Texas general partnership, of the County of Nueces and State of Texas, all of the following described real property in Nueces County, Texas, to--wit: TRACT I: Lots One (1) , Two (2) and the West forty feet (W 401) of Lot Three (3) , Block One (1) , BEST ADDITION, a Subdivision of the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume 10, Page 21, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. TRACT II: Lot Six (6) , EHLERS GARDEN TRACTS, an Addition in the City of Corpus Christi, Texas, as shown by the map or plat thereof recorded in Volume 41, Page 188, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. TO HAVE AND TO HOLD the above described premises, together, with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee, its successors and assigns forever; and the undersigned grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular tyre said p,cemi sea 4ntc t -a said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance and the warranties made herewith are made and accepted subject to those reservations, conditions and other matters set forth herein and on an instrument attached hereto as Exhibit "A"" and incorporated herein by this reference for all purposes. ROL-43b °r10 0 , Taxes for the year 1991 having been prorated, the payment thereof is hereby assumed by Grantee. EXECUTED on this day of 1991. INTERNATIONAL LONGSHOREMEN'S ASSOC11ATION LOCAL NO. 26 13Y By Ge❑ ge M. Polinard William C. Ooiron ITS Business Agent Its_ President Mailing Address of Grantee: Name: .SAVELINA COMPANY Address:7 M,T, Arnold 9 Greenway Plaza Mouston, Texas 77046 STATE OF TEXAS COUNTY OF NUECES w ,ems This instrument was acknowledged before me on this ��day of P 1991, bye C . �Orr)�-L_. Of INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NO. 26, in said capacity. 'a, NMCY BLUKEK MmryPulrfic Notary Publ' , State of Texa ,�1 fL 1l/` SIATE CF TOM ar�+r` MY Con EM SWL 11.1992 AFTER RECORDING RETURN TO: SAN JACINTO TITLE COMPANY 600 Leopard Street Corpus Christi, Texas 78401 GF No. 9109003NB WARRANTY DEED FROM INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NO. 26 TO ,7AVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP /wd/javelina.wd VOL 2302PAGE �6i ROLL434l4rF foil VOL 2302PAGE 162 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this Ilth day of September, 1991, by George M. Polinard, Business Agent of International Longshoremen's Association Local No. 26, in said capacity. WNer eL ,NOTARY PUBLI STATE OF TEXAS RdM ** i StAll OF YOM R 431 lyrr IM EXHIBIT "A" (To Warranty Deed from International Longshoremen's Association Local No. 26 to .7avelina Company, a Texas general partnership) PERMITTED EXCEPTIONS AS TO TRACT I ONLY: 1. OIL, GAS AND MINERAL LEASE dated .lune 1, 1965 between United Steel Workers of America C.I.O. Local #5022 and Coastal States Gas Producing Company, File No. 686950, Volume 215, Page 395, oil and Gas Records of Nueces County, Texas. Together with all rights incident to the owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 2. OIL, GAS AND MINERAL LEASE dated December 21, 1935 between D. H. Best and wife, Estelle M. Best and B. A. Wilkinson, Trustee, File No. 97271, Volume 25, Page 267, Oil and Gas Records of Nueces County, Texas. Together with all rights incident to the Owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 3. ASSIGNMENT OF OIL, GAS AND MINERAL LEASE dated September 30, 1936 between D. H. Best and wife, Estelle M. Best and State National Bank of Corpus Christi, File No. 106474, Volume 30, Page 528, Oil and Gas Records of Nueces County, Texas. Together with all rights incident to the owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 4. MINERAL DEED dated December 1.8, 1935 between D. H. Best and wife, Estelle M. Best and George Taylor and V. D. RIngwald, File No. 96841, Volume 24, Page G2, Oil and Gas Records of Nueces County, Texas. Together with all rights incident to the owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 5. OIL, GAS AND MINERAL LEASE dated August 1, 1939 between D. H. Best and wife, Estelle M. Best and Paul M. Sieck, File No. 140734, Volume 54, Pages 178--181, inclusive, Oil and Gas Records of Nueces County, Texas. Together with all rights incident to the Owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 6. OIL, GAS AND MINERAL LEASE dated September 19, 1939 between D. H. Best and wife, Estelle best and Paul M. Sieck, File No. 141879, Volume 54, Page 336, Oil and Gas Records of Nueces County, Texas. Together with all rights incident to the Owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. 7. OIL, GAS AND MINERAL LEASE dated December 1, 1981 between United Steel Workers of America, C.I.O. Local #5022, a corporation and 1�ohert C. "inclair, File Ido. :53184, Volume 351, Page 242, oil and Gas Records of Nueces County, Texas. Together with all rights incident to the Owners and Lessees of the minerals; Title to said interest not checked subsequent to date of aforesaid instrument. s. 5' utility easement across the rear of subject property (Northerly side) ; 15' building line along the Westerly property line (as to Lot 1) ; and a 30' building line across the front of subject property (Southerly side) , all as shown by the map or Plat thereof recorded in Volume 10, Page 21, Map Records of Nueces County, Texas. 9. Restrictive covenants filed for record under Clerk's File No. 37077, Deed Records of Nueces County, Texas. Page 1 of 2 Vol2302PAGE 163 43� 19.3 vO L 2302 PAGE 164 �,r AS TO 'TRACT II ONLY: 1. Pipe line Right of Way claimed by Continental Pipe Line Company by deed from Continental Oil Company, dated December 30, 1939, recorded in. Volume 255, Page 2, Deed Records of Nueces County, Texas. 2. Reservation oil warranty Deed from Claude Eden and wife, Laura Eden, to A. H. Masiran, dated March 10, 1941, recorded in Volume 269, Page 71, Deed Records, Nueces County, Texas, of an easement for a gas line along the Eastern edge of subject property. (We note that in this same deed the grantors granted to the grantee therein an easement for gas line along the Eastern boundary line of the remaining unsold portion of lots 1, 2, and 3 of Ehlers Garden Tracts, which would have extended North from the NE corner of subject property.) 3. Reservation of all oil, gas, and other minerals by grantors in Warranty Deed dated April 25,. 2972, fledMarch 8, 1972 from Lucille Vickers, a widow to Local Union 5022, Unzted steelworkers of America recorded under County Clerk's File No. 880592, Volume 1430, page 712, Deed Records of Nueces County, Texas. Together with all rights incident to the owners -and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument. 4. Oil, Gas and Mineral Lease dated September 7, 1977, filed March 28, 1978 from Lucille Vickers to Welton E. Cox, recorded under County Clerk's File NO. 85255, Volume 320, Page 511, oil and Gas Records, Nueces County, Texas. Together with all rights incident to the owners and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument. 5. Oil, Gas and Mineral Lease dated September 17, 1984, filed December 12, 1985 from Lucille Vickers, a widow to Somco Corp. , recorded under County Clerk's File No. 467617, Volume 383, Page 314, Oil and Gas Records, Nueces County, Texas. Together with all rights incident to the owners and lessees of the minerals. Title to said interest not checked subsequent to date of aforesaid instrument. 6. 5' utility easement along the Southwest line of Lot; 10' utility easement across the rear of subject property; 20' building line across the front of subject property, as shown by map or plat thereof recorded in Volume 41, Page 188, Map Records of Nueces County; Texas. 7. Use Privilege Agreement dated 1989, filed October 22, 1990 executed by the City of Corpus Christi to Javelina Company, a Texas General Partnership recorded under County Clerk's File No. 732591, Volume 2225, Page 988, Deed Records of Nueces County, Texas. SIGNED FOR IDENTIFICATION: INTER14ATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL NO. 26 By W 1 '�l �4 its Geong� Mf�©I�na►�[ r Page 2 of 2 ■ 1014 SSP a IN rlf�_ a `"� Anyp:ce::rc++h+re:nalrictirest�fclslimS�k,Rertfatauset vS 3'e d:FR;,x3 Fcl"J'1 F3+3FSRT1t h:Cause aS ftecerr��Color, � {Samy � scsr��+>;a ui.!sr iE9x rRA1 LAWE3/1�IB9. STI.�E s1f 7E��t i;CUriTY C'F I:E;E;� Iy b lrct Ccrtit'tthis iuSiru wes FILED on the fie:°rrer a4!!*e lire oaF1:ar,,:ad Ira:e�+r .4,4L end was dvlY RCrA326t?.urr�val:arzar.3Po ctSmnar+cdft€G}NA Nr;:tts i:Ogf.:;,TL'xi15 95 i'•c.".4gi�crl:u.9 by nr8,vn SEP 1 1 1991 ? NUECrr CLERKhIfECEs�LUHTY,;ExAS An Proels e,her^ iP OP,F.T,ta rrx sale, Pac,i Lr use VOL�2FACE � df the ducrib.�d REAL f'7'�P:FTY t`�c,.,�K;a of Racy,Color. e RieCl�lofl,$Cx,liElr�+lcajl,fiCliil:�i3urJiett9:r81Orrgirl,h fY IMUI end unenlwceabte uirdcr FEDERAL LAW,3112/84. iw:�r �nrI+urartrnr..MiainraMune.. 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UNION DRIVE goo' so• n .+aa' Paa' SnalR in F¢af STATE OF TO :KAS COUNTY OF Nl M-CES THOS FI IITED STEEL 'rFiPKERS VF AJILRICA, LOCAL 5022, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND DEVELOPMENT' a+;°I T F _D,_l,D qlF$ QF IPE Fi")RLrOjNC PLAT; SUBJECT TO A LIEN IN FAVOR OR FIRST STATE SW OF .'=T[; TINT UE. HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN HEREON; THAT ALL STREETS AS THIS 7F I I�FRETOFORa BEEN DEDICATED, MAT EASEMENTS. AS SHOWN ARE DEOICATEO TO THE PUBLIC USE FOREVER; I 'c_RT 15 IYADE FOR. THE PURPOSE OF DESCRIPTION AND DEDICATION. i STATE OF TO 1,11_ )___`.DAY OF� 19 .• ✓' ( y c..� COUNTY OF PR �7.. TCN 91NGUEZ - ESIDEN hll5 F ay y CORPUS CHR Ir J IJEROS�RECOROING SE RV VALENTINE EL[2OFlClq, JR. - TR�kSURER wITM "� '' . yAr � • Tk115 TII . IuECES ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PER50NALLY APPEARED TONY DOHINGUEZ, VALENTINE NR„ MJb RAYflOND CISNERDS, KNO41 TO HE TO BE THE PERSONS AND OFFICERS WHOSE NAMES ARE SUBSCRIBED :GOING STATE OF TEk W57RUNENT AND ACKNOWLECGED TO NE THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSID- STATE F NU ERCIN EXPRESSED AND IN THE CAPACITY STATED, UDDER MY WkNO AHD SEAL OF OFFICE, 141 S THE tk�vt�' Y I, I1ARIt GOING IORD11FOR RECORD 11 ,17C7TARY rllJRL I C/TII AND r.4,R wEaq TY, TEXAS DAY OF PAGE WITNESS THE DAY AND I f [; *;: !117Nr. Or CORPUS CHRISTI, HEREGY CERTIFY THAT WE ARE THE HOLDER OF A LIEN ON THE LAW .'?+I•t i�Ir: I?'.'l r +rT+.I r+ OF THE I-GRCGp 1 N[; MAP, OF WHICH UNITED STEEL WORKERS OF AMEBY. RICA, LOCAL 5022, y!. -1) 'HAT WE APPROVE THE SUBDIVISION AND DEDII;ATIM[IF SM1E FOR THE PURPOSES AND CONSID- If ar l'; EWR' -SSEO. NO. J FIR i �RP CHRI I � AT 1 --� , .u—ECES / MA? i !+E THE UNDERSWNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED 266b,,_ 2). �kcabgLwCk CL6 TATE BAIJK OF-CORPUS CHRIST], KNOWN TO W TO BE THE PERSON AND OFFICER SE NAI1E IS 5UBSCRIRED TO NUE ING INSTRLX/ENT, AND ACKIJOWLELYED TO I1E THAT THE SAIF WAS THE ACT OF THE SAID FIRST STATE BANK OF BY. IST], /M TWAT HE EXECUTED THE SAME AS THE ACT OF THE SATO FIRST STATE BANK OF CORPUS CM ISTI FOR ES AI4D CONSIDERATIONS THEREIN EXPRI=ESLD Nla IN THE CAPACITY TKLREIH STATED. �I LNDER MY HAND ANO SEAL OF OFFICE, 7H15 THE DAY OF_4& PLAT OF � NOPUBLIC LOT 6 ECES EHLERS GARDEN TRACTS ROAN R. HE17KNtP, REGISTERED I'ROFE5510144L EI.'Glf Ltk uF ?V1VI BEING 2,677ac.,MORE OR LESS, BEING THE OREGOR 6 PLAT WAS PREPARED r•ROM SURVEYS MAuL ON THE 1,ROUlN1 SOUTH 184' OF LOT 3.ENLER GARDEN TRACTS, ICK. ENGINEERING COMPANY HAS BEEN ENGAGED UNDER CONTRACT TC AS SHOWN IN VOL. 61 RAGE 33 NUECES rI"K 100 T"",r FY P COUNTY MAP RECORDS, NuEcEs COUNTY,Texas Lo t 4 -Eh kqs 6Wen1 .s I, �9.6V 40 E/oc, "T,y� f A, '7�o qt7 t f N y ( 0 A� � r7 C t + �•FT. G f 9 �D?x I A e � Q 7 n J ` 7 nh q 7A 9, 73 ^i ti 7 AC Y PS° 'Yl i IJ µ Iu ALJ + , , Vri ' I 1 ,,, E r f r � r C.VArl1trrf Pcr��• I rl) a- ,T RD , .j 13�2TI9 #a( 4;f-3J 7 /2 y •3c.y5 ^ 7G3.18 12 •SG AC !� 4 7 �d'fe3. 1' J 0681-2_NO + 60 AJ L0� ' oT a� �•877,f� a� �' ..N. � ��7 6fJ a,tc e resv�ne n e° r! 4-R I'� a J �IGhR.6yt/Yid r I rbr. Z y r'CAvrj m M&PLM I el , ..tom-�,gi�ew..i,:Fr'�`•.=4r ..-- ,.� _.. . . ... - •, - kL1 a. 792985VOL 2356 PAGE 340 WAY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, 1, MARIE RACKLEY WARE, not joined by my husband because the property herein conveyed does not now nor has it ever constituted any part of our homestead, as Grantor, for and in consideration of the sum of Ten and NO1100 Dollars ($10.00) and other goad and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: The East Ten Feet (E. 101 ) of Lot Three (3) and all of Lot Four (4) , Block One (1) , BEST ADDITION, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said addition recorded in Volume 10, Page 21, Map Records of Nueces County, Texas. TO HAVE AND To HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby kind herself, her heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. i + 1 This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1992, taxes for 1992 having been assumed by Grantee. EXECUTED this ,r_ day ci February, 1592. 7r Marie ley Wa e Mailing Address of Grantee: Coastal Javelina, Inc. Coastal Tower Nine Greenway Plaza Houston, TX 71046-6995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the f�7� day of February, 1992, by MARIE RACRI,EY WARE. NWKW Q G �� �,� ntary Public�Statie, exas 404' ftwh tma to Kj�f•7�Ilar.tq 1493 yo{2356 PAU 341 2 r� d:/word/javeware.pm.ry COMPAREU N G� 3 CA ri 'r �7 00 n_s 0 a o� �n p r ❑ I � � 0 o! Q o r a a ° t W f e p c D Lil %IJ tu 0 a ti 94 I f V LUT 6 EHL-ERS GARDEN TRACTS VOL, 41,PC-,. i88, H.R.N.G.T, forteR,JAYELINA WH7PARV t VOL.22Pp,Fe-fl6i,D.R.H.G.T, ________ __ 5'78'22W,E 50.00`— se T sm7 P. w 5161.9. -------- --------- ---- -------- AME ._w—___ -----_ __ _ __ AME BE _ zjy 2 LOT in q BEING AN APtf NpI,vG ^t 6,"52SO Sd,Fr co n �� — & — d A MAP OF wHIC,-+ +S RE O ¢ Q N< RFCORp5 or" Iti ECF z n y H 41 THE RECEIVIN,, IS THE CCRP11E ARE. NOT C!a AQUATIC LIFE e•.ET 51P�'I R.. y N.7b°22'00'H 50,00' t r (A V UNION DRIVE %V .._OE: a n" sV a •E%A 5 t Fl�F.�e. t R HIO t+�REB+' CERTIFY YHaT IT r5 iFIE OVYIIER Of THE A H H BOUT, I nt THE fOREGOWG PLAT. THA- rt HqS, Nan $,aln tAHpS /} �jt,. 14" �• C I[.E n SVO a T-1+' -BEETS SHOWN ARE CPEO c.gp TO TME F`UBLC LSE oEu 4' S Sw:Oa, f - ntE J -I E. OU6VC IT- FOR 'KE INSTALLATION, 'SE i�LC ,!il T nr.- r .T TH i-I.A[•�AS 1A ApE FOR T'NE PURPOSE OF LfL T t ,vF'=.we-.- .At VE B+ IVES FAVa APr a- ,'CE-PPESInENT E. ,P V.5191.190 -��� of Cots#-(�(4)840cJ,l C7P.#aS" yL' v LITS d. S'.= r..-. RIN ' - ,t. I LOCATION MAP N.T.S. STATE OF TEXAS COUNTY OF NUCCES 4 I, JUAN J. 5AWAR, REGISTL�- 4{._.'.�.:�:n_ LAND 5UR.EYOR FOR W?SAN ENGINEEkING�, HpvE t PRE OAREDTHr EOREGOINC NAT' Fr,j,M R yUN`i E+' NAVE ON THE GROVNO UNDER VY C•IRECTIDN A'i 15 "RIJF ANO C:C,HRCCT VI Tr.E EIEST OF LL41' v,Np'k:.EDGE. NFOR.MATION AND BELIEF: P HAVE �•--Sr_ ADDITION, A BEEN ENGAGED I]r4CEP CO'NTRnC' TO SET ALL LCT ANO VLOCK �ORNFRS AS SHOWN HEREON AND L 21, K,IAP . CON=LETL 5(C CPFRAT'iCNS WITH DUE ANO REASONALILE DOGE`10E CONS;STENT W'TM SOUND P RO F ES$1ONAI. 1PRACTICE TMs THE _-�,� DAY OF _L.0 b.Cil�.r.,f-W T4_dj�iOF Y' 1t1W1 JOSE SiigiaR r� JUAN J, AlA2AR, R P.L., TEXAS LICENSE NO. 4909 ' f�Arr96,44 Off, , SURV SO.FTIOF LAND. STATE Of TEXAS =-,VENT COUNTY OF NuECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPRMO BY THE DEPormENT OF - R UAP DF ENGINEEAINC SERHCES OF THE CITY OF CORPUS CHRISTI. TEXAS. -� RECORDS OF 11415 THE DAY OF _r:._,_.rY_.�. 14—�_. RdM THIS PROPRTY E RECEIVING WA ERS - Av+NG EXCEPTICINAC R,H SNACxElI`ARD, o.E DIRECTOR OF ENGINEERING SCkACCSJCrTr ENGPNFER STATE OF TEXAS COUNTY OF NUECES THIS FINAL PLAT OF THE HEPON PESCRIBED PROPERrY WAS APPROVED ON BEHALF Of THE CITY OF CORPUS CHRISTI, TEXAS BY TAE Pk.AAfNNING'COMMISSION, tl THIS THE _ _� DAY'OF_.+•'_8 r 19,_9.a 4 CI / w MICHAEL N.GUNNING f_ RICHARD 0.SERNA GISTECTOR OF PLA^WING CHAIRMAN [��'�►] "+ N 5, CLFPK CC THE COUNTp' LCI IAT IN AND FO{7 SAID COUNTY, DO IiERLRY CFRFIFY THAT _ Car OF rC'l`hn' _ _ 19Ct KrIH{ ITS CER"rF TE OF IN iA" rJFGI^.E DAr or 1 .1�. to ✓ Al 4i r aFCr1H.ice[, I` DAY OI �+ 'cap) ... P u _ :il 'r. :0Tva+L _, PAGE .__�._.._. MAP RCCORD5- '-;AL OF CIILIAT, TN AND FOR SMO C D'•N-. Al OFFICE IN CORPUS CwQi5TI, TE%AS,'7l E DarAND YEAR LASI�WRRTEH FI,.ECFna F:ECORD .ERNEST SRrDNES, COUNTY CLERK .vlECES COL+HTr, rExnS _ O'CLOCK f9—I f DEPUTY j T;�IcvEs �Tu.an►'�a. PiaiY+Ef'e�. :CIF`, NVECES CUUN'TY, TEXAS D[Purr — — (T V DATE: 1-21-98 �L;an,'�a Ramirez ENGINEERING SCALL, 1'= 20' 7T s ewuTNEa JOB NO. 33516.98.01 F Duca 199 16845 NAME OF PLAT: G4"U _e� L OWNERS: DATE: FILED BY: .� A RETURNED TO: PLAT (MAP) poYlsb�br �rhkhfistzktAltuS+leftennldruse VOIU`9-E- CABINET# eppd�wrd�f—.-y 9�EAL Ng6PUM bac�ufe of ftA Culp, — �ri1 a��le pdR i i/oft%is PAGES SLIDE# 3 Eo Dock 1998016845 N Pages z I Date i 04-23-1999 STATE OF t" Time z 02139:02 P.M. OMN"OFMuca Filed & Recorded in IwdyCwtowV ateA Lmftmd asfltwwl1w N=64 Official Records ssorwtotk*da *;Wdtmtwmmpwhvwbxsww of HUECES Countyy Tx. +,n defy Rlwaft w"gnk�ol puw hoonm of ERNEST M. PRIDNES� we=4b*,low COUNTY CLERK Rec. 0 46.40 Lii7ilt CalAftr,iFxkS _ .7 5,0 Ll I p V ry J ti Fj v r F5' ! T) c 'r r ` s. °� f\ 1 f sr D v , ty vs. a � r Pq ��s 0 f� �1 V 1 h Q 4o! . 4 q /V3 LI 3 oo, �[sy r �•r .9 9 c Ij W Y DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES � THAT, I, CHARLES C. SPEED, JR. , a married man but not joined herein by my wife for the reason that the property herein conveyed does not now nor has it ever constituted any part of our homestead, as Grantor, for and in consideration of the sum of Ten and N0/100 Dollars ($10. 00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVE.LINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: Lots Eight (8) , Nine (9) , and the West Forty Feet (W. 40r ) of Lot Ten (la) , Block one (1) , BEST ADDITION, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said addition recorded in Volume 10, Page 21, Map Records of Nueces County, Texas, TO HAVE AND To HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind himself, his heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its VOL 2ROPAGE 147 r VOL 230 PAGE 148 successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1991, which have been prorated to this date. EXECUTED this 3&914 day of � � 1991. arles C. spe , J ' Mailing Address of Grantee: Coastal Javelina, Inc. Coastal Tower Nine Greenway Plaza Houston, TX 77046--0995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of �-- 1991, by CHARLES C. SPEED, JR. .,•y'���11ii11}131il�,,�rf �� ••`� �•""�..,y 9'`'`�r�' �.•_ "taryliCMate of Texas G I n~ WARRANTY DEED FROM CHARLES C. SPEED, JR. TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP AFTER RECORDING RETURN TO: NICOLAS, MORRIS & BARROW 505 South water Street 545 ,Klee Square Building Corpus Christi, TX 78401 rAkbmshttiftsoe.R04W vIg n w, �p , herauea of Racy y� DER 4 aUW,g eti89. OrTEX4 COUNIC al MEW flrcer5ycc►iihtlwtth!airst���iif.EDiaf��fk� Ca f!d JnAs tn4 a!f :IM ittr4wig fx`d f►Wlit1 ow idtgy Elcn CMCin thxu�4*Rmds d REAL p�RtM cOMPARED Qcl 3 1 1 � ERK m t�� TI,I d: /wvrd,lcoastspd.pm.ry tE J ` VOL 2310PAGE 149 �` r 854961 SILL OF SALE THE STATE OF TERAS (? COUNTY OF NUECES {} KNOW ALL MEN BY THESE PRESENTS: THAT JAVELINA COMPANY ("Seller"y, a Texas general partnership, for and in consideration of the sum of $900.00 paid by ("Buyer"), the receipt of which is hereby acknowledged, has bargained, sold and delivered, and by these presents does bargain, sell and deliver, all of Seller's right, title and interest in and to the following described personal property in Nueces County, Texas, to wit: improvements located on Lots 8 & 9, Block 1, of the Best Addition, Nueces County, Texas. Also known as 5418 Union Street. Seller does hereby bind itself, its successors and assigns, to forever Warrant and Defend the title to the aforesaid property unto the said Buyer, his heirs, successors and assigns, against the lawful claim or claims of any and all persons whomsoever by, through or under it and not otherwise. SELLER DOES NOT IN ANY WAY WARRANT THE MERCHANTABILITY OF THE GOODS SOLD HEREBY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACS HEREOF. The goods conveyed hereby have been purchased by Buyer AS IS and WITH ALL FAULTS and no warranties of any kind are to be implied in this transaction. Buyer hereby agrees to remove all of the above described personal property on or before May 30, 1992 , time being of the essence. Failure of Buyer to timely remove the above described property shall result in the immediate termination of this agreement and the forfeiture of all consideration heretofore paid to Seller as liquidated damages. Buyer shall obtain all necessary permits and authorizations to the Seller prior to commencement of the removal of said personal property. Buyer shall remove all improvements from the premises, including without limitation, sidewalks, driveways, culverts, and foundations, and all debris shall be removed by Buyer. Buyer agrees to pay any and all damages of every kind and nature suffered by Seller, its successors and assigns, caused by or rising in whole or in part out of Seller's or Buyer's negligence, strict liability or breach of any term or condition of this Bill of Sale occurring during Buyer's possession and removal of the above described personal property. Buyer further agrees to reimburse, indemnify and hold Seller, its agents, employees, partners, successors, and assigns harmless from any and all .claims, demands,. causes of action, liability, loss, damage or expense of every kind and nature, including but not limited to, attorney's fees and costs, which are caused (in whole or in party by or arise out of Buyer's negligence, strict liability, breach of warranty, express or implied, or breach of any term or condition of this Bill of Sale, or any of Buyer's agents, contractors, employees, invitees or licensees, occurring during the possession and removal of the above described personal property. It is expressly understood and it is the intent of the parties hereto that Buyer's indemnity and hold harmless agreement extends to indemnification of Seller, its agents, employees, partners, successors and assigns, even if the s claims, demands, causes of actions, liabilities, losses, damages or expenses are caused or contributed in whole or in part by seller's negligence or that of its agents, employees, partners, successors and assigns. EXECUTED this day ow( r 1992. SELLER: JAVELINA COMPANY A Texas General Partnership, By COASTAL JAVELINA, INC. , A Partner By: Carl Ragd 3,v Title: Senior Vice President rPRdf p e�: BUYER, ` Title: NSA t� STATE OF TEXAS 5 COUNTY OF HARRIS 5 f This instrument was acknowledged before me on the day of QsspA��s ,1992, bypp= r e e es ❑e Aj"- , of COASTAL JAVELINA, INC. on behalf of JAVELINA COMPANY, a Texas general partnership, as the act and deed of JaVelina Company. W EDWfNA E MORRIS; Fk:aryPuhiic,S9teolT■,�, Notary Public, State of Texas Mr COmmluion ElOms W29195 0° F7dwiria E. hldrri$ Print Name My Commission Expires: 10/29/1995 FILED FOR RECORD DOC# 804967 $9 05-13--194 02-: 44: 33 ERNEST M. SRIONES STATE OF TEXAS 5 . NUECES COUNTY COUNTY OF NUECES 5 This instrument was acknowledged before me on the � day of lr — , 1992, by 9'�`e Yll /� � Iffy S 'er�tr ADAM VALADEZ JR. i Notary Publfo a; state o1 Taus Notary Publ c, 6 at of Te. s My Comm.Exp-12-17-03 nt game Adan a a ez, r, My Commission Expires: of thea ddWrr"REAt PPOPIRTT batt of Rote,Color, Rai�o'on,Std FianGiup,Fuaraf St�twsrrltationaltlri�w�1a I�sre[tl erd wnan Mal la under{FDfH{t LAYI,311�1l� S"4?S OF TEt>; L+ REISTHN TO: �� 7 Inrreklrs�rSilylhntth73Fr.7L^_r.+d?Cur?sFf xu ddy ai Iho d ED'in'I tli5 time tErm9"�fh:ra�In ttP O1k Md Right of way t Y RCG.i6.Q,!n Iha OrfcN1 Pvalrc i4-%dt Of REAL - ,• -.-..._ _ _ _ FPflaiRlY r{wrcYy COvn'r.Iat,t on (bastal Co 5ration Coastal r eEMAY 7 3 7992 Nlne i:way Plaza ywn, rn�as 77045 L +`' C+OUHiY CLfR{( i NUECF< COUNTY,IOW" 1 J 1 ri r. RELEASE DO, 8019461 OF LIEN THE STATE OF TEXAS COUNTY QFKNOW ALL MEN BY THESE PRESENTS: Nueces THAT the undersigned,of the County of Nueees........I............... and State of"I`exa.s. the legal and equitable owner and holder of that one certain promissory note in the original principa[sum Of ....Thirty Thousand and No�lOfl***+t* ***** * * ******,rt,t **,t***,>sr**I3o11ars(�..3��49.4,.QR) dated :..Oetobes 1Q,19$8 .............executed by ...Charles.-C Speed,]r,._..._ t ........................ .................................................................. .._..............•...... ............... • ...• .... ............................. ............................ . payable to the order of..G4liPl]5...�FtBL&Tl..ktATI0N61...7d�Nxf�k�at�9NK.CDReU�--CH7�ISTI,I3.A...................... Deed of Trust y 22yy more fully described in a............................................................................................duly recorded in V61............... page 251-258 of the Deed of Trust .......... _ Records of............Nueces........ County.Texas: said note being secured by ...n eu. °` T.ruyt against the following described property,to-wit: I/ Lots Nos. Eight (8). Nine (9) and the West Forty Feet (W40') of Lot5No. I Ten (16), Black No. One (I), BEST ADDTTIdN, an addition in the City of Corpus Christi, Texas as shown by map or plat thereof, recorded in Volume 10, page 21, Map Records of Nueces County, Texas. for and in consideration of the full and final payment of all indebtedness secured by the aforesaid lien or liens, the receipt of which is hereby acknowledged,has released and discharged,and by these presents hereby releases and discharges,the above described property from all liens held by the undersigned securing said indebtedness. EXECUTED this .......35th day of..ARr3!...... A.D. 19..92...... . CORPUS C1lRI NATIO S flkt! S..CQ.RRJJS CHRISTI.N.A. LARRY HALE,sf IDR VICE, PRE1,IUE'_V7 I � ,Acknow ledgmencr THE STATE OF TEXAS i COUNTY OF Before me,the undersigned authority,on this day-personally appealed knnwn to mr to be the person----------------whose name .............. subscribed to the foregoing instrument.and acknowledged to me that he.—.......executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of A,D-19 ...... . ......' '"............................................................... Notary Pub..lic_in annddfor Coanry,Texas, (Acknowledgment) THE STATE OF TEXAS COUNTY OF I+ Before me.the undersigned authority,on this day personally appeared known to me to be the person I—,'.,'--whose name .............. subscribed to the foregoing instrument,and acknowledged to me that ---he .......executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office on this the day of A.U. 19 ................•........................................................ Notary Public in and for Coun[y,Texas. 5� 7' y D Q o w x V) JS w et a {Corporate acknowledgment} THE STATE OF TEXAS COUNTY OF NUECES Before me,the undersigned authority.on:this day personally appeared Larry Hale Senior Vice President of Corpus Christi National Sank a corporation.known tome lobe the person whose name issubsrribed to the foregoing instrument,and acknowledged tomr that he exrcuted the same for the purposes and consideration therein expressed,in the capacity therein stated and as the act anddred of-said cnrfrnration. Given under my hand and seal of office on this the 15th day of April A,n.1992 La ANNETAFEOf WE (}f.-!�.1 . ..------- .............. Notary Fulalic in and Ear C nuttyTexas. uMy CO ,14W RefloM Sex,Handicap,Familfar Statin 4c Rational Shilin,'13 innN unenforceable under FEaERAt.LAW,3112/89. STATE OF TEM — --�_ rouxtr OF tarp fhmbycentleyt dithstruplenlm MIDInF&NwOer smis ice on Me lots t nd it ft Wm stamped h"m by nm,and its duly RMORDEO, in the 06 631 Pubk Reawds of REAL PROMT1'Num+;w".Tears" IPPR 2 2 1992 couch CLW NAM pp►rftTr,TEXILS FILED FOR RECORD DOCS# 801890 $9 04-22-1992 01 019.- 49 ERNEST M. GRIbNES NUECES COUNTY MOOL",MORRIS &BARROW SM South Water 5tr,:3t 645 Kle^Sar,are Buifcing C©rPJ2 ;!tr?iii,Texas 7MI UJ ci ELI, ll'JA fK•lJa. S X0.00• , w. ijo-as 4 w N o G � Jai , nC ..7Gr� C I IJ alp. E o � 4 h 01 TIR E � ° h O a o N o i � I S. 13a.OS` sa.oo' O i N i s.1 3.4, +.170.}L• F ti G II+ ,]!..14' RL .30' ..?r c'•,.fS' 1.11.1.r' Lnhll 1 ,tip �• ` ` • r` � l +I :tJ IV /3 0 n , /3 ti Spg 1 2 30.vs a 1� F Igo - r w � OAJi 22�c-O. o 57 e .4 R I 0 Z � 5( R S 4. O r 'fig n Li It D til 7'�AC7f 'a � � i.�a-• ��PL 497 CIS or ' X75 3 13 DOC# 811521 ', ABBANTY ❑EE❑ DATE: June 1992 GRANTORS: Francisco Lopez and wife Irmalinda Lopez GRANTORS' MAILING ADDRESS (INCLUDING COUNTYI: 161 Citrus Bay _ Pharr, Hidalgo County, Texas 78577 GRANTEE:,_., Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY): Nine Greenway Plaza Houston, Harris County, TX 77046 A'TTN: Right of Way Department CONSIDERATION: The sum of Ten and NO/100 Dollars($10.00) and other good and valuable consideration,the receipt and Sufficiency of which Is hereby acknowledged. PROPERTY. Tract Number 12, Francisco Lopez, and wife Irmalinda Lopez; 5410 Union Street; Being the East Ten (10)feet of Lot 10 and the West Forty- Five (45) fest of Lot eleven (11), Block One, BEST ADDITION, a subdivision of the City of Corpus Christi, Nueces County, Texas as shown by map or plat thereof, recorded In Volume 10 at Page 21, Map Records of Nueces County, Texas, ENVIRONMENTAL WARRANTY: Grantors hereby represent and warrant to Grantee as follows: (a) That Grantors' occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the subject property. (b) Grantors agree to fully indemnify and hold Grantee harmless from all-losses, _ costs and damages resulting from Grantors' breach of this express warranty and Grantors understand and acknowledge that without this express warranty Grantee would not consummate this transaction. I RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) Deed restrictions for "Best Addition" recorded Volume 333, Page 156, Deed Records, Nueces County, Texas. (2) 5' utility easement across the rear of subject property; 30' building line across the front of subject property, as shown by map or plat thereof recorded in Volume 10, Page 21, Map Records of Nueces County, Texas. {3} Any othor easements, exceptions or reservations affecting these lands and of public record in Nueces County, Texas, to the extent they are valid and in effect. (4) Outstanding oil &gas leases; but only to the extent they are valid and in effect. [5) Ali zoning, platting and use ordinances and requirements of the City of Corpus Christi,Texas, and the 1992 ad valorem taxes, which having been prorated are hereby assumed by the Grantee. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantors hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF,this instrument was executedat Corpus Christi,Texas, as of the date above written. By: Francisco Lopez J" By: ,,. 4 a.- Irmalinda Lopez STATE OF TEXAS § �}l rlaF 1`4✓� § COUNTY OFA § � . _ �7#�IIS lN§TRUMENT WAS ACKNOWLEDGED 13EFORE ME on this ` � day of Jii�iet;'T5r�r.ixrrancisco Lopez. Notary blic, State of Texas IxXA5 § COUNTY OF*b� § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this a 'day of June, ),992, by Irmalinda Lopez. r l Notary Pu c, State of Texas AFTER RECORDING RETURN TO; NICOLAS, MORRIS & BARROW 505 South Water Street '100 545 Klee Square Building Corpus Christi, TX 78401 p4i'p C:iMDF£DUnpn:-1 74 WARRANTY DEED FROM FRANCISCO LOPEZ and wife IRMALINDA LOPEZ TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP FILED FOR RECORD DOC# 81152 . $9 06-29-1992 04: 01 : 41 ERNEST M. B,RIONES NUECES COUNTY �r vrorhian Anr�n nhlch nsgkti the Se1�Ilwrtalause C4 ft dela ikl PUL PROPERTY hVA=of Reco Color Ser.fhrdiap.Fara1�KS�sarkatiomln,a ion end unealemU*abler PEOERAL MY(,V091 STArE Cr r€ a l7D LWY or FluECES Segue do chid u+d st me � e.`a�*WAW ■a duh RECORXV ip the pvfipyf Fye Rr�arCt et lruece�Caumr.TIE"on JUN 2 9 1992 7 D2-,4 V '00 OY rv'orr M,er.v aw � I � I � c D ° h N � h o � c 1 0 �n h lou 43 � h ° I I n ,n•ar � b .JFCI['—777.7 v 1� � �"�� •�. � �tri r '"+ •ter � 4 dV LV CIA M v n � .a 40 u p n cs 7 V �'Su V s � v v u m 44 y a r � 0/ O +� v `O why V rn 0 4 o A .� h :1 �r � ► � ry '� u "y� v at A n �ia a� 3 Y �,I t. ave F �'c 9.4. tA V � IY F T r DOC# o12546 WARRANTY DEED DATE: July 0, 1992 GRANTORS: Jay Dean Peters, Cheryl D. Mulcahy, nee Peters, and William Cedric Peters. GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): 5406 Union Street Corpus Christi, Nueces County,Texas 78407 GRANTEE: Javelins Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY): Nine Greenway Plaza Houston, Harris County, TX 77046 ATTN: Right of Way Department CONSIDERATION: The sum of Ten and NO/100 Dollars($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: The East Pive,(5) feet of Lot Eleven 01) and all of Lot Twelve (12), Block One (1), BEST ADDITION, a subdivision of the City of Corpus Christi, County of Nueces, State of Texas, as shown by the map or plat thereof, recorded in Volume 10 at Page 21 Map Records, Nueces County, Texas. ENVIRONMENTAL. WARRANTY: Grantors hereby represent and warrant to Grantee as follows: (a) That Grantors' occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts,conditions and circumstances, if any, pertaining to the subject property, (b) Grantors agree to fully indemnify and hold Grantee harmless from al! losses, costs and damages resulting from Grantors' breach of this express warranty and Grantors understand and acknowledge that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) There is reserved to the Grantors for the period of time hereafter stated, the right to occupy the property and improvements and use them for residential purposes, and to remove from the property the residence and other improvements located thereon. This option for occupancy and removal shall terminate One Hundred and Twenty (120) days from date of this deed. Failure of Grantors to exercise this option, or to thereafter remove all improvements within the specified time shall render this option null and void and the ownership of said improvements shall revert to the Grantee, who without notice,may sell,remove and/or demolish said improvements,as Grantee deems necessary. Grantors during the option period shall be solely responsible for all damages, including vandalism, fire, wind, blowing rain, falling debris, or any other damage to said improvements or the property of others of whatever kind and nature occurring to said property. Grantors shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against all claims, losses and damages to persons or property,including costs and attorney's fees, Incident to or in any manner resulting from Grantors's performance of their rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole and/or concurrent negligence of Grantors, or Grantors' agents,employees,or licensees. Grantors further covenant and agree that they will comply with all municipal ordinances of the City of Corpus Christi, including environmental permits and requirements,and shall secure any required moving or demolition permits. In connection with Grantors' possession of the improvements, Grantors agree that until the earlier of one hundred and twenty (120) days from date hereof, or such time as the improvements are removed from the property,Grantors shall keep in full force a liability insurance policy In the amount of $100,000.00 per person, $300,000.00 per incident and $50,000.00 property damage, and said policy naming Grantee as additional insured. (2) Deed restrictions for "Best Addition" recorded Volume 333, Page 156, Deed Records, Nueces County, Texas. (3) 5' utility easement across the rear of subject property; 30' building line across the front of subject property, as shown by map or plat thereof recorded in Volume 10, Page 21, Map Records of Nueces County, Texas. (4) Any other easements, exceptions or reservations affecting these lands and of public record in Nueces County, Texas, to the extent they are valid and in effect. (5) Outstanding oil &gas leases; but only to the extent they are valid and in effect. (6) All zoning, platting and use ordinances and requirements of the City of Corpus Christi,Texas, and the 1992 ad valorem taxes, which having been prorated are hereby assumed by the Grantee. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantors hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. NNW f IN WITNESS WHEREOF,this instrument was executed at Corpus Chrlsti,Texas, as of the date above written. L' o. De Peters Cheryl . Mulcahy . William Cedr eters STATE OF TEXAS § COUNTY OF § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this :p n day of July, 1992, by Jay Dean Peters. r „ ,ya',�`. Notary Public, State of Texas t:1 t r; Printed Name rn� F4-- ss'� My Commission Expires- STATE OF TEXAS § COUNTY OF § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this W day of July, 1992, by Cheryl D. Mulcahy. Notarryv P� lic, State of Texa Printed Name { +(]rn1 My Commission Expires: STATE OF TEXAS § COUNTY OF § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of July, 1992, by William Cedric Peters. r �� r.- G' Notary Pu ic, State o Tex ,� y s'-.dam-•t.�,-- iC7��o. •.:���.* 1 14 I V� �l. G.�SJ-J—r�rfr� .d Printed Name t �� /} -¢ My Commission Expires' F�U�' ! ';.13:; fhb`•q�.'•'�]�`?'�� AFTER RECORDING RETURN TO: NICOLAS, MORRIS & BARROW 505 South Water Street 545 Klee Square Building Corpus Christi, TX 78401 PMVnam CAPMLOE€bLPETERS WARRANTY DEED FROM JAY DEAN PETERS, ET AL TO JAVELiNA COMPANY, A TEXAS GENERAL PARTNERSHIP FILED FOR RECORD DOC# 812546 911 07-07-1992 01 : 26: 53 ERNEST M. 13RIONES NUECES COUNTY 0 wit An py n lxreS,v,u 1 rc r cr us cE r.-.colt. B�ds°' a .- .1.1,r��csK f:l�lizs I1lid and urunlotcrxG.a undo:"r C4 1'S l STATE Of Ton I bcmey acr•ir to bi oils IAsi»muni ess f IL ED i n FTU Numbo SequM an lhC dale and d W Wre shMPO kn M1 CY fm.asd was duly RECCR o.In wa Offi A&I PuCiK Eie.Crdi;at Hato ceurty.ren:an JUL 7 1992 K.A"j COfiTITY CtElitS hua cFsTr, 4. M Ys V E n DQ ax si'orf x,vr,rr r a � i 1 a � � or I ] a! 4 o � I` h •4 b O O nal s p { N � rV yl /! oc'q A � � U ti f `V a 41 7 ti pf�'Orf AI•Yr.11'S �I 000s r ou x,vr.ff ' h if rr!tI t7 s v v �;• �s a 13 r ' 7 � tr � b y fo 06$f_2,r'VQ '00 --------- 7-/ o N 2f T s �'qo 50 � e 34 ICEa •'L. � .ry � N � y 0 1.3Lai , .�..� .e +zr7s Gb _ v �v r *765190 r yr l F �'-Q�21 iM��� 1395 WARRANTY DEET] DATE: , 1991 GRANTOR: MILLICENT MARGARET ROBISON BUETTNER GRANTOR' S MAILING ADDRESS: 135 West Belleview #308 Engle ood, olorado 80110 County GRANTEE: JAVELINA COMPANY, a Texas General Partnership GRANTEES' MAILING ADDRESS: Nine Greenway Plaza Houston, Texas 77046 Attn: Right of Way Department Harris County CONSIDERATION: TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Lot 13, Block 1, Best Addition, An Addition to the City of Corpus Christi, Nueces County, Texas, recorded in Volume 10, Page21A, Map Records of Nueces County, Texas. GRANTOR, for the consideration stated, GRANTS, SELLS and CONVEYS to GRANTEE the property, together will all and singular the rights and appurtenances thereto in any wise belonging To HAVE AND TO HOLD unto GRANTEE, its successors and assigns forever; and GRANTOR does hereby bind herself, her heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular ..the said premises herein conveyed unto the said JAVELINA COMPANY, its successors- and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF this instrument was executed at Englewood, Coloradd, as of the date above written. Millicent Mar aret Robison Buettner va ?268 FAGS 665 421 t3% uat 226SPAGE 666 THE STATE OF COLORADO COUNTY OF This instrument was acknowledged before me on the day of , 1991, by MILLICENT MARGARET ROBISON BUETTNER. , ;;hiee•a;oy,. �� a❖•c�."�,,�'.,:r� i{ Notary Public State of Colorado N. N f..i!^ After recording return to: NICOLAS, MORRIS& BARROW 505 S. Water, Suite 545 Corpus Christi, TX 78401 A"praWAO heredn which rester me Sate,Rand W use of ft d"Obed REAL PROPERTY because of Ram Cow. Sex,ftendap,FamIJW Status yr Nationalh MvM and srnenfettaable under FEDERAL LAW,3/12/89. S FATE GF TEV.S C4way%NUECE.S I perety certify that this insftulprnf nes FEED an the data and et t:?+e hmc stamped hc:evP by me,and+res duty R EcoRokt3,i n tha Vo;ua,a ap.,°aga at rha n-Ined RECORDS of Rues s Cosa:r,iexi:4s Sh' c?"her'":s try ma,Ca JUL i g X991 eG. 6 �`� . .�Af'�- Imo►✓ e" �;,_ RJECE5 t:ct,,aay,TEW -- n rn \word\pm\javlina.pm.jpt ► a v � e r 1J5ni ► �` r � � d • ,rI vrr .. f'S.2rF ti 1 J N Y o ,00 qS Fi WI N.or.lr r I •o a p o a ` l cl � � P 1 lLJ�11 ti � a It , u � 1r �I y y E R• '! { to �J ti azz� u e � J r ti qE ti `V l by u 'VL- 9;Oro ,0e`A►'Orr if,7+r.Ir•1' �� ,Qv'Ol' r olr• ,�r.rr n YY V 'Ar/ h rY J� 'moi- 'y� p .sr�or •!� �--`_` '~�--.�. �, _..-•tom"- or Fri 6 on, ® St[t! If -Lb 7d� � � •ver o ,q�' �°��r � SW s,Vv�Qafd cam- ^ v- 4 -�_ C Aw 0,9 `1890 c 1, i 11 SVC z u/AFG - MA P A P P 0 A r 6 A I- Q rs-tt2r'c.T �T1?..#5l� WARRANTY DEED DATE: September 2, 1993 GRANTORS: D. J. Shield, also known as Danny J. Shlelds, and wife, Lori Shields DOC# 873142 GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): 5429 Eden Lane Corpus Christi, Nueces County,Texas 78407 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY):. Nine Greenway Plaza Houston, Harris County, TX 77046 ATTN. Right of Way Department CONSIDERATION: The sum of Ten and N01100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion o Lot Three (3), EHLERS GARDEN TRACTS, in Nueces County, Texas, according to map or plat recorded in Volume 6, Page 33, Map records of Nueces County, Texas, and being described by metes and bounds as follows: COMMENCING at the point of intersection of the S. Boundary line of Lot 3 and the E. boundary line of a 40 ft. public road along the W. side of Lot 3, said road being now commonly known and called "McBride Lane"THENCE, N. 19 deg. 30' E. along the said E. boundary fine of McBride Lane, a distance of 269 ft. to a point in the NW corner of the certain tract of land conveyed by Claude Eden and wife, Laura Eden, to Jack Eden by deed dated March 19, 1943, recorded in Vol. 291, Page 51, Deed Records of Nueces County, Texas, being the SW corner of this tract and point of beginning;THENCE, N. 19 deg. 30' E. continuing along the E. boundary of McBride Lane for a distance of 151.25 ft. to a Y2 inch iron pipe at the intersection of the E. Right of way line of McBride Lane and the S. right of way line of Eden Lane for the NW corner of this tract; THENCE, S. 78 deg. 34' E. along the S. right of way line of Eden Lane for a distance of 85.77 ft; to a 5/8 inch iron rod for the NE corner of this tract; THENCE, S. 19 deg. 39' W. for a distance of 154.17 ft. to a 518 inch iron rod in the N. line of the aforementioned Jack Eden Tract for the SE corner of this tract; THENCE, N. 76 deg. 39' W. along the N. line of the Jack Eden Tract for a distance of 85 ft. TO THE POINT OF BEGINNING, together with all improvements thereon, and also know as 5429 Eden Lane. ENVIRONMENTAL WARRANTY: Grantor hereby represents and warrants to Grantee as follows: (a) That Grantor's occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, If any, pertaining to the subject property. (b) Grantors agree to fully indemnify and hold Grantee harmless from all losses, costs and damages resulting from Grantor's breach of this express warranty and Grantor understands and acknowledges that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) There is reserved to the Grantors the right to remain on and occupy premises herein conveyed for a period of 30 days after execution of this deed. During the period of occupancy reserved by Grantors, Grantors shall be solely responsible for all damages,including vandalism,fire,wind,blowing rain,falling debris,or any other damage to said improvements or the property of others of whatever kind and nature occurring to said property, Grantors shall save and hold Grantee, Its successors and assigns, harmless and indemnify Grantee against all claims, losses and damages to persons or property, including costs and attorney's fees, incident to or in any manner resulting from Grantor's performance of their rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole and/or concurrent negligence of Grantors, or Grantor's agents, employees, or licensees. (2) Any easements, exceptions or reservations affecting this property and of public record in Nueces County, Texas, to the extent they are valid and in affect. (3) All zoning, platting and use ordinances and requirements of the City of Corpus Christi, Texas. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty,GRANTS, SELLS,and CONVEYS to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever; and Grantors hereby binds themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF,this instrument was executed at Corpus Christi,Texas, as of the date above written. D. . Shields Lori Shlelds STATE OF TEXAS § COUNTY OF NUI=CES § HI _INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of -:P,. e`Jef erA§93, by D. J. SHIELDS and LORI SHIELDS. Notary Public, tate of Texas AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 S. Water Street, Suite 545 505 S. Water St., Ste. 545 Corpus Christi, TX 78401 Corpus Christi, TX 78401 5121883-6341 512/883-6341 f . WARRANTY DEED FROM D. J. SHIELDS AND LORI SHIELDS TO FILED FOR RECORD JAV ELINA COMPANY, A TEXAS � 3 ERNEST M. BRIONES NUECES COUNTY r parWdpOr hwete�4kh evstrka n.a seva f r FILED FOR RECORD w n,e low"ed RM PR MTY aetwse IN Rate:Doter, DOC# 873142 $10 09-03-1993 03:12:57 EAST M. BRIONES SLATE OF Taus NUECES COUNTY COU4"Of r olm heyr6foertRytla!Mea rrueurduaaFRfUtofiiRumb a SMorjca 0 the data and at Use time riampad herein by me,artd was CWT WGROED.in the Offu:W Pub',,c Beearda Of Hueces county,Teen" ,5EP 3 193 (34=":Ty JYCLLERK )tutus COUNTY,TM 6Y-. c;Wrnf deeds lshieldslmy EXH!® 40 �Oda •Vi v�- f i r � ! � `�='•sicrer h 1 � I r r ��e• 9.7Z s.2 3s r f b r ! 68¢ rx � r V 4 l 609-0.7.z r: it 1 �trf r q i T r i 6 e r � � 1Ir-6 � r e r ti 0 t1�41 ©w r Q y ss sr hl 4 r = rp CJ VLEI° `. aor t 0 K•ly V r �. ti�:y.J n`1 r ~y Q 'IV 55 6f. �Is�acs. aor I�t[s L.._. �r1l�i7 N 3 C7 3 o � a L �•� 48 C"] G c, VL ?«e 3 N s�� O � � � � P aLl ;/,�i'A,!"''.:7�•1rF f S3. ✓..J�};�!'•�iL rt ® o ��•ry�� i A a r�' � JL J }'Y C7�, n, 5rr n Plk J s 6:-r f q 1�1_ No NN CL a � s -+a _9?AA �4dr7 DOC# 19960312/5 WARRANTY_DEED DATE: August 12, 1996 GRANTORS: Clovis A. Johnson and wife, Azalee Johnson GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): c/o Webb & Salyer, P.C. 710 Mesquite Corpus Christi„ Nueces County, Texas 78401 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY): Nine Greenway Plaza Houston, Harris County, TX 77046 ATTN: Right of Way Department CONSIDERATION: The suns of Ten and NO/100 Dollars($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a portion of Lot Three (3), EHLERS GARDEN TRACTS, in Nueces County,Texas, according to the map or plat thereof recorded in Volume 6, Page 33, Map Records of Nueces County, Texas, and described by metes and bounds as follows: BEGINNING at 518" iron rod set in a fence line on the North boundary of a one-half 1!1121 acre tract of land conveyed by Claude Eden and wife, to Jack Eden by peed dated March 19, 1943, recorded in Volume 291, Page 51, Deed Records of Nueces County, Texas, WHENCE the Northwest corner of said Jack Eden Tract, which lies on the ;East boundary of a 40 foot public road, known as McBride Lane, bears North 76 deg. 39 min. West, 85.0 feet; said point of beginning, being the Southwest corner of the tract herein being described; THENCE, North 19 deg. 39 min. East, 154.17 feet to a 518" iron rod set in the South boundary of a public road, known as Eden Lane, for the Northwest corner of this tract, WHENCE a 112" iron pipe set at the intersection of the South boundary of Eden Lane and the East boundary of McBride Lane, bears North 78 deg. 34 min. West, 85.77 feet; THENCE, with the South boundary of Eden Lane, South 78 deg. 34 min. East, 100.00 feet to a 5/8" iron rod for the Northeast corner of this tract; THENCE., South 19 deg. 30 min. West, 157.49 feet to a 518" iron rod set in a fence line on the North boundary of the aforementioned Jack Eden Tract for the Southeast corner of this tract; THENCE,with said fence on the North boundary of said Jack Eden Tract, North 76 deg. 39 min. West, 100.00 feet to the Southwest corner and PLACE OF BEGINNING of this tract. ENVIRONMENTAL WARRANTY: Grantors hereby represent and warrant to Grantee as follows: (a) That Grantors' occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Cornpensation, and Liability Act of 1980 ("CERCLA'), the Resource Conservation and Recovery Act of 1976 ("RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the subject property. (b) Grantors agree to fully indemnify and hold Grantee harmless from all losses, costs and damages resulting from Grantors' breach of this express warranty and Grantors understand and acknowledge that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY; (1) Easements, exceptions or reservations affecting these lands and of public record in Nueces County, Texas, to the extent they are valid and in effect. (2) Oil, Gas and Mineral Leases of Record, but only to the extent they are valid and in effect. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever;and Grantors hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee,Grantee's successors and assigns,againstevery person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural, IN WITNESS WHEREOF,this instrument was executed at Corpus Christi,Texas, as of the date above written. Clovis A. Ja son AzPe Johnso STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of August, 1956, by CLOVIS A. JOHNSON and wife, AZALEE JOHNSON, J. RA c a`pA Piny INtary Publi State of xas 9128i9g 7 • A AFTER RECORDING RETURN TO: NICOLAS, MORRIS & GILBREATH 5928 South Staples, Suite A-2 Corpus Christi, TX 78413 C;%FILES%PMIDEEDSLJOHNSOM.WDIc j WARRANTY DEED FROM CLOVIS A. JOHNSON and wife AZALEE JOHNSON TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP DocM 15196031!15 # Pages: 3 Date 1 08-13-1996 Time a 02:49:22 P.K. Filed & Recorded in Official Records of HUECES Countyy TX. €RNEST M. BRIONES COUNTY CLERK Rec. 1 13.00 Anyprovhmhmtnwhich nm 6e0e16bWerwe at the desartbed REAL PROPERTY b0:8 use of Row, =Saxe H�ndktp.ramak�l SY�tutOF Neti9nAl Cig, nd unenkmutAs under fUMI1AW.31vi9b STArE OF rtM COUNrY Or RAW I bereby Wtiry thatmisinstruroentrasflLEDln WffumEo Sequence on the date and at Iho time sump herein by me,sad Was duly RECORDED,in Is ONklat Public Retards of Nueces County,Teras NU ECU COUNTY.roes J T N 7d'' J r� 1 r �r r `trAerpf 5 M� r f r ,*x 6 r z,.• F 9.Z f�36 r �s' •, f 77• 1 r M + y 10 zit Crr r M r � b t wo rt l � g� 5 f 6g¢• 7� J� P n� h r q ' f 78 x rz 1 t rm v o � 1 Lor ,/ 0 25.98 A C � rat.54 P9.S7 1 6 61 z �q Jam, u d.4O 1 14 ` Ir 'D l�� :i ka n. U N � V ��5�-. •SpA � 31 19 Z �:l . � O /30 e � 5 � •9 W 3D .'' 34AC 87)q V �M1 C��� Loc l9aGp112�3 Y c rr. p 3 , a � �Pc1 C�jCJ�y 9>�c�6 a� qr Jp /f 4r0.rT1 vC��l�F - q L 0/j/ V/ j �4110 '` '/ WAR12WTY DEED 856GS DATE: December )3 , 1991 GRANTORS: Jesse Flores also known as Jesus P. Flores, a single man, and Senaida Flores, a femme sola, both of Corpus Christi, Nueces County, Texas GRANTORS' MAILING ADDRESS (INCLUDING COUNTY) : 5419 Eden Lane Corpus Christi, Nueces County, TX 78407 GRANTEE: Javelina Company, a Texas General Partnership GRAN'TEE'S MAILING ADDRESS (INCLUDING COUNTY) : Nine Greenway Plaza Houston, Harris County, TK 77046 ATTN: Right of Way Department CONSIDERATION: The sum of Ten and N0/100 Dollars ($16.00) and other good and.. valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Lot Three-A (3-A) , EHLERS GARDEN TRACTS, a subdivision in the City of Corpus Christi, County of Nueces, State of Texas, as shown by the map or plat thereof, recorded in Volume 28 -at Page 34,. Map Records, Nueces County, Texas and being the same real property described in Warranty Deed datc:;l November 17, 1971 from Murry Garner and wife, Helen Mcgryde Garner to Jesse Flores and wife, Senaida Flores, recorded in Volume 1416 at Page 297, Deed Records, Nueces County, Texas. ENVIRONPIFATAL WARRANTY: Grantors hereby represent and warrant to Grantee as follows: (a) that Grantors' occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCL.A") , the Resource Conservation and Recovery Act of 1976 (RCRA") , the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the subject property. (b) Grantors agree to fully indemnify and hold Grantee harmless from all losses, costs and damages resulting from Grantors' breach of this express warranty and Grantors understand and acknowledge that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS To CONVEYANCE AND WARRANTY: None. VOL 2332rA6E 741 :1 FP VOL 2332pc't 742 Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantors hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all -and singular the said premises herein conveyed unto Grantee. Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF, this instrument was executed at Corpus Chris ' , Texas, as of the date above written. r se 1 res a/k/a Jesus .e az a Flores P. Flores STATE OF TEXAS COUNTY OF NUECES X1111 H tC INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this a 3day -�� o b , 1991, by JESSE FI ORES also known as J:?SUS P. F'LORES FLARES. Notary Pu lico State of 'Texas AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOI,AS, MORRIS & BARROW 505 South Water Street 505 South Water Street 545 Klee Square Building 545 Klee Square Building Corpus Christi, TX 78401 Corpus Christi, TX 78401 WARRANTY DEED rROM JESSE FLORES A/K/A JESUS P. FLARES AND SENAIDA FLARES TO JAVELINA COMPANY, A TEXAS GENERAL PART'N'ERSHIP /dW3/pm/javedeed.pm .j t �r 2 2 Cil FILED F�?R RECORD 53 zColl O 4— "Mmlorlml al Ram QW, FKa 'c.Sex 14 mrmlSutusorNaWwlOfWAls ,AW ad 6 wJUMMILLAW.NIM MAN RL'a DEC 2 4 191 GO fitAus CWNTY.TM 2332rp-,;F 743 TR w:;.. �,r.ayd' .�r7d Qui a� L o� 3, �/ers .CFgr'e�en ���s � rWC41 Clea i/7 //o All"4' �, e 33 /77e7 r�ordS .,e-&e c es 41910 1he Eoe,7 tllf Amore frac C ®vl 0/14e Ilai5c�e ,�y�� - rew stn ro rrxu Allf-�0'41. 74W rum fa APt �•6(/. GDI. or 3 w Tac X*n Dllp 41,ler6 e�--.dem Tm��m T," Oe SFR/AR'e ff 7-1 P 7r. 51 C mafa rrvr.� .,_ Q h Q v �n,re up�. CdfRrr.Y flrxM. V'1 •:res rf..n W51 '3o'Ge1 irSG.a' e�� lsva a raa clrr a n1e to f f �3 • � Tar ar.n m mN Ll l +we.M r T err+. .- 6; ws n vc�rrr, �a rwq a t pfC I urrrru n>wrs.�s C}F�:'!R>•i,TOA' IVO•dSd17 num 05.mrr 1."TV, TIDE STATE OF TEXAS � THE STATE COUNTY OF771'sCOUNTY OF 1 ,r 'BEFORE ME, THF, UNDERSIGNED AWHORM, ON THIS DAY PERSUHALLY APF'UJUM THAT WE, K MURRY R. GARKER AND EFLEN MCBME GARNER, HIS WM, KNOWN TO ME TO 13E TILE GARNER H= PERSONS WHOSE NNM>;S ARE SUSSCM= TO TEE FOREGOING INSTRLR4F;NIr kND ,ACKNOWLEDGED THE LAND SI TO W- THAT T'HRf t)SP.CVTF.D TIM ShK2 FOR TIE PURPOSES THF REIN EXPRESSED AND IN THE IDERT'IFIED CAPACTT'Y STATED, fM TMSAID MUM MCBRYDE GARNER, WIFE OF SAID MUIRRY R, GARNER 00 PROPeM HAVIM BEEN nU1,VUNED BY ME PRIVILY AND APART FROM HER HUSBAND AND HAVM THE SPECIPICA1.I SANE F'IILLY EXFLAINSD TO HER BY KE, SHE, THE SAID HFI2N MCBRYDE GARNER ACK.NOWLEAGE) ALL ar"Et SUCH INSTRU(Mr TO BE H R ACP iA TD DEED AND SHE DnCLkRED THAT SHE WILLINGLY SIGHED AS LOCATED T88 SAME FOR THL PWU:O ES THEREIR DLPRESSED A14D THAT SHE DID NOT WISH TO RETRACT THIS IKSTRI IT PURPOGE ,OF �7 L l y� ry�n yr cr.•r np, F'�I C,3/ IDERTIFYIW C l7�e S�rf3lE�Li DAY OF TO OR I r ti � a' h `S-'T 4c �` lCtCJ 71, r r 9 Ty if 36 Sz I r � 1 � b I r r 6e4 y� k 42r 6s¢• � n4 n r q t •�!7 ��9.7x '1 1 t 0 q o n r ,V. ,J:89•� �9z.s � r (5,/ ti J Ss r 14 J 6t. R' ss ,! ;.zc - cor r BIN v7- N 3 Cl vt 1 b Ot a' eyee N Ld N J C1. 1Y ry \ il ss-Y � 4 � O � • �`� M�� � 4 u /� 'SII M Q •1 0 q �, General Warranty Deed Date: November , 1999 Dare 1999049747 Grantor: H.C. Cale d/b/a H.C. Cole Trucks;` jbiried_"peoforma_.tyr my.wife,.Rosalie Cale Grantor's Mailing Address: Route 1, Box 164G4, Mathis, San Pawicio County, Texas Grantee: Coastal•IaveRml Inc. Grantee's Mailing Address. c/o 9 Greenway Placa, Room 2$02, Harris County, Texas Consideration: Ten and No/100 Dollars ($10.00) and other good and valuable consideration. Property(includ.ing any_improvements)? =I of Tutee C(3=C),Ehlers Garden Tracts;an Additioh to the City.of Corpus-.Christi;Nueces Comity, Texas;as sh,own by reap or.plat'-recorded-in Volume 41,,Page 39, Map Rccords.of Nueces Catinty,;Tcxas. Reservations from Conveyance: None Exceptions to Conveyance and Warranty: Validly existing easements, rights-of-way, and prescriptive rights,of record; all presently recorded and validly existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests outstanding in persons other than Grantor, and other instruments, other than conveyances of the surface fee estate,that affect the Property; any discrepancies,conflicts,or shortages in area or boundary lines; any encroachments i or overlapping of improvements; and taxes for current year,which Grantee assumes and agrees to pay, and subsequent assessments for that and prior years due to change in land usage, ownership,or both, the payment of which Grantee assumes. k Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs,successors.and assigns against every person whomsoever lawfully claiming or to claim the sante or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. r By: C. Cole d/b/a H.t. Cole Trucks Return to: Janet Karr Ctticaflo 71tie BY. ON FaMin 0200 asalie tole Houston,TX 77010 Zq7q 3 v i STATE OF 9—)( l l § COUNTY OF N],rrC-P5 § /�� Before me, ����� [)t,p�i C�'a notary public,on this day personally appeared H.C. Cole, mown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the rime for the purposes and consideration therein expressed. Given under my hand and sea]of office this 5" day of QVE-YALe._ 1999. k and wife, Rosalie Cole ` N1 '6k'O- Notary Public Signature y+ =OFTUAS S.D. Avalos Notary Public Typed Name IPD1.999049747 ales"c Dater 1119199 4.24:53 PM Filed d Recorded in OfIM CW ani Kft EFKST 11. LIMES Comm Fees#11.00 GF# u a AMOUNT: PAGES: SAN JACI NTO Tl�Ct7WANY iyy� herds wrdch dMt1ICb�r sal.,tisedtl a tn► of ore dma od REAL PROPERTY tataeuse at Awc Cote, Reigfan,Sex,Nandkap,FemftSMO orlld wW0*.Is Inref4 end wwtdEiw*We KOERAL LAW,VIVO STATE OF TEW COLAIf Y QF F0.XW r w.+..r. .�... i hgrebyeertllyfritt7�Is k+stnrne�R wn F1LEQ9n FIe Hotr� Sequtnoe on Dra deAe End ettru tint etemped txaeln by rnr.told was duly REGI.in to O&W Publk Reeo*d Ncresee Cmwdy,Teust 1 4:TV'CUAX M*M COLOITY,rm V i i i i E T ?as 5/8" IRON 861"G .50 ACRES OIIT OF Lot 3, £NLM GARvEm TRACTS, 'XN ADD I T I ON To THE C I Tr OF 'u4 NUEOCS COUNTYy T[xA@, A8 RECORDED, IN THE CGUkTY MAP RECORDS, I'M VOL. b, PA4E 33 BRtOE LANE 211, 10,'. STREET lK68RIDE LANE IOA'1 1 U 184. N 17030' E 85.1 SW CORNER OF LOT 3, s 6fl EHLERS GARvm TRACTS 85.1 , _ SCALX 21j, r CARL L. '[£ CARL VICKERS CLAUDE (DEH P` 0. 8C 34 1OH Q; 0. Ci ! TI Lar 3-A , w r VOL. 78, Pc, 34 CARLi ;A N 5 yY 5! U,-E u's 81770301 w 6 l CLAUDE EDEN s MOBRIDE LANE GRAPHIC SCALE e` W 3ui .-C a ILIA STATE of TxxAS COUNTY Of NUEC£S 1. CARL L. DUA INF, A REG IBYLKED HEREBY CERTI't`Y THAT I HAVE BEEN MTIDN MAP FLAT THE LANDS DESGR(SED ABOVE, SEEN DONE ANT) THAT THIS WAAS T. THE Prtq DAY OF MARCH, 197$. �8 ,ARL : 'CEO 'ROVED BY THE PLANNING COMMISSION Of THE CITY OF COAPUB STATE or Tgus 8, THIS &thpAy OF APRIL, 79751- PROVIDED HOWSVFR THAT COUNTY OF HUECEO SHALL BECOME NULL• ANA VOID 1F THIS PLAT I9 NOT FILED THIS PLAT APPROVED BY THE DEPART TY CLERK FOR R600ADING WITHIN SIXMONTHS OF THE DATE AND PNVOICRL I]EVFLOPMENT Of THE �y TEXAS, THIS DAY OF �L, 19' 1f !. !,ry C AAll - � O 4A iRmAN SECRETARY f OTOR 75-03r .STATE or TExAa Eg COUNTY Oi, NUECE9 + I7D. HEREBY OERTIFY,THAT' I A1A THE BQL OWER D T ;.,n. E, '1'H T;.� HA u.n "" l lLrfLi—]L� k 40 �� rQ r YAR P 9!] I r d�` 11�o• S�,q��s � � a ! 0 r T,d 7 ��� � 6 r -Ao:2;z f r, ep n r Qi 5 ° r 6ev. t q 1 q 1p I f P IV. 1 ,r. me•F 69z.� � i r / i f r d I i ��L��S o Lr..•�R�Z�-JY ,,���4 C'TSS .,., I 1 I ASTAL Lor 1 25.98 AC 1 � roLA - 54 T ar. w .•'�"4 114u •� Ap qC. �[1R f � i -� "'�HLE'rgs C-0RpEN35 27 -1470 C ! o. 22ry2 I l s.r �.a : „ 2� •so ac fly f ,�• y`�. 0-r 5 edFC��r7�E, J�1 Al Ac 0. r ti 2Yf.cs Sr p$ '�CJIVIU •' ,, ❑ 4 m 1, 2�,� A L4 ��2_0 2� � r , A• � �x'/•.74 s or ] 27 T T, 2iyd v 7�;�S�n{='•rIwtZV.D Jaz�r ,:�a . "39, V v/3n Pac r739.44000R, e pa 2 C Yr raa rr /°. f0 5• •h:i I S b Rc ry f � V. 4D.,1!'8t s 3 3 9 LgwQcN u xCC.i I'sI .d /4 ~9 r r y r J 1 SPECIAL WARRANTY DEED AND SILL OF SALE THE STATE OF TEXAS § � i Document Number: 2007037790 Recording Date: July 25, 2007 COUNTY OF NUECES § This Special Warranty Deed and Bill of Sale ("Special Warranty Deed"), effective JulyMk2007 ("Effective Date"), is by and between Otilio Barrientos, 9623 County Rd. 505, Mathis, TX 78368, Santos O. Barrientos, 10415 Solo St., Norwalk, CA 90650; Olga Q. Young, 1789 River St., Conyers, GA 30012; and Lydia B. Garcia, 310 Genoa St. Apt. B, Arcadia, CA 91006-6663 (collectively referred to as "Grantor"), and MarkWest Javelina Company ("Grantee"), with an address at 1515 Arapahoe Street, Tower 2, Suite 700, Denver, CO 80202. I. PROPERTY This Special Warranty Deed relates to that certain property, and all appurtenances and improvements owned by Grantor as of the Effective Date (collectively, the "Property") and located at: 5417 Eden Lane, Corpus Christi, TX 78407, and more particularly described as: Deed type: small estate Deed page: C919-3/SM estates Legal description: Dunn tract 100'x261' out of Ehlers tract Assessor's parcel # : 2197-0000-4130 II. CONSIDERATION For one hundred thousand dollars and no/100 ($100,000.00), the premises set forth herein, the mutual benefits to be derived and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. III. SPECIAL WARRANTY DEED AND BILL OF SALE Effective as of the Effective Date, Grantor hereby transfers, assigns and grants to Grantee all of Grantor's real or personal right, title, and interest, if any, which Grantor may have with respect to the Property as of the Effective Date, with Grantor specially warranting title for all claims arising by, through or under Grantor, but not otherwise, and subject to all matters of record. Upon execution of this Special Warranty Deed, neither Grantor nor any of Grantor's successors, heirs or assigns will have, or will have the right to claim or demand, any right, title or interest in and to the Property or any part thereof IV. EXCLUSION OF WARRANTIES EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION II1. AS A MATERIAL PART OF THE CONSIDERATION FOR THIS SPECIAL WARRANTY DEED. GRANTOR AND GRANTEE AGREE THAT GRANTOR'S INTERESTS IN SUCH PROPERTY, IF ANY, BEING TRANSFERRED TO GRANTEE HEREUNDER ARE TRANSFERRED "AS IS," "WHERE IS," "WITH ALL FAULTS," WITH ANY AND ALL LATENT AND PATENT DEFECTS, AND THAT THERE IS NO WARRANTY THAT THE PROPERTY HAS A PARTICULAR FINANCIAL VALUE OR IS FIT FOR A PARTICULAR PURPOSE, EXCEPT THAT GRANTOR AGREES TO TRANSFER THE PROPERTY, OR APPLICABLE PORTIONS THEREOF, FREE AND CLEAR OF ANY MORTGAGES, MECHANICS' LIENS, TAX LIENS AND OTHER FORMS OF SECURITY INTERESTS OR FINANCIAL ENCUMBRANCES OR PAST DUE PAYMENTS OF ANY KIND CREATED BY,THROUGH AND UNDER GRANTOR BUT NOT OTHERWISE (AND GRANTEE SHALL NOT PAY GRANTOR ANY PURCHASE PRICE UNTIL BEING REASONABLY ASSURED THAT THERE ARE NO SUCH ENCUMBRANCES). EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION 111, AND AS OTHERWISE DESCRIBED ABOVE IN T1IIS SEC'T'ION IV. GRANTOR MAKES THIS SPECIAL WARRANTY DEED TO GRANTEE WITHOUT RECOURSE (EVE'N AS TO THE RETURN OF THE PURCHASE PRICE), AND WITHOUT ANY COVENANT OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. GRANTEE ACKNOWLEDGES AND STIPULATES THAT GRANTEE IS NOT RELYING ON ANY REPRESENTATION, STATEMENT, OR OTHER ASSERTION WITH RESPECT TO THE PROPERTY OR THE PROPERTY CONDITION BUT INSTEAD IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. FURTHER, GRANTOR AND GRANTEE AGREE THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION III, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, GRANTOR EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, DESCRIPTION, DESIGN, QUALITY, CONDITION, CONFORMITY TO PLANS OR DRAWINGS, OPERATION, PRESSURE INTEGRITY, COMPLIANCE WITH SPECIFICATION, COMPLIANCE WITH LAWS OR REGULATIONS (INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO HEALTH, SAFETY, AND THE. ENVIRONMENT), SUITABILITY OF THE PROPERTY FOR GRANTEE'S USE, OR ABSENCE OF PATENT OR LATENT DEFECTS OR DESIGN FLAWS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE. FACE OF THIS SPECIAL WARRANTY DEED. GRANTEE TAKES GRANTOR'S INTEREST IN SUCH PROPERTY, IF ANY, WITH THE EXPRESS UNDERSTANDING AND STIPULATION THAT, EXCEPT TO THE EXTENT OF THE SPECIAL WARRANTY OF TITLE CONTAINED IN SECTION 111, AND AS OTHERWISE DESCRIBED ABOVE IN THIS SECTION IV, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES. AL1. WARRANTIES THAT MIGHT ARISE BY COMMON LAW ARE EXCLUDED AND ARE SPECIFICALLY DISCLAIMED• Grantor and Grantee agree that, to the extent rewired by the applicable law to be operative, the disclaimers of warranties contained in this Special Warranty Deed are "conspicuous" disclaimers for the purposes of any applicable law, rule or order. DECEPTIVE TRADE PRACTICES - WAIVER OF CONSUMER RIGHTS. AS A MATERIAL PART OF THE CONSIDERATION FOR GRANTOR AND GRANTEE AGREEING TO ENTER INTO THIS SPECIAL WARRANTY DEED, EACH PARTY COMPRISING GRANTOR AND GRANTEE EACH CAN, AND DO, EXPRESSLY WAIVE THE PROVISIONS OF THE TEXAS DECEPTIVE TRADE PRACTICES CONSUMER PROTECTION ACT, ARTICLE 17.41 ET SEQ., TEXAS BUSINESS AND COMMERCE CODE, A LAW THAT GIVES CONSUMERS SPECIAL RIGHTS AND PROTECTIONS, AND ALL OTHER CONSUMER PROTECTION LAWS OF THE STATE OF TEXAS, OR ANY OTHER STATE, OR OF THE UNITIED STATES OF AMERICA, APPLICABLE TO THIS TRANSACTION, IF ANY, THAT MAY BE WAIVED BY THE GRANTOR AND GRANTEE. IT IS NOT THE INTENT OF THE GRANTOR AND GRANTEE TO WAIVE, AND THE PARTIES SHALL NOT WAIVE, ANY APPLICABLE LAW OR SUB-PART THEREOF WHICH IS PROHIBITED BY LAW FROM BEING WAIVED. THE GRANTOR AND GRANTEE AGREE THAT THEY HAVE HAD AN ADEQUATE OPPORTUNITY TO REVIEW THE PRECEDING WAIVER PROVISION, INCLUDING THE OPPORTUNITY TO SUBMIT THE SAME TO LEGAL COUNSEL FOR REVIEW AND COMMENT AND, AFTER CONSULTATION WITH AN ATTORNEY OF THEIR OWN SELECTION, VOLUNTARILY CONSENT TO THIS WAIVER AND UNDERSTAND THE RIGHTS BEING WAIVED. V. INDEMNITY, RELEASE, AND ASSUMPTION OF LIABILITIES From and after the Effective Date, Grantee expressly agrees to assume, perform and discharge all duties, obligations, and "LIABILITIES" arising out of or related to the ownership, operation, administration,and eventual abandonment of the Property. GRANTEE EXPRESSLY AGREES TO PROTECT, DEFEND, INDEMNIFY, AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL "LIABILITIES," INSOFAR AS PERMITTED BY LAW, WHICH ARE INCIDENT TO, OR ARISE OUT OF, SAID OBLIGATIONS, COVENANTS AND "LIABILITIES" OR THE OWNERSHIP, OPERATION AND ABANDONMENT OF THE PROPERTY ARISING OR ATTRIBUTABLE TO ACTS OR CONDITIONS AT OR AFTER THE EFFECTIVE DATE, EXCEPT TO THE EXTENT THAT ANY SUCH OBLIGATIONS, COVENANTS AND "LIABILITIES" ARE THE RESULT OF THE NEGLIGENCE OR WILLFUL MISCONDUCT OF GRANTOR, OR ITS OFFICERS, EMPLOYEES, CONTRACTORS,AGENTS OR REPRESENTATIVES. "LIABILITIES" FOR PURPOSES OF T141S SPECIAL WARRANTY DEED SHALL BE DEFINED AS ALL LIABILITIES, DAMAGES, CLAIMS, DEMANDS, JUDGMENTS, COSTS, EXPENSES, LOSSES, OBLIGATIONS, DUTIES, COVENANTS, INDEMNITIES, OR WARRANTIES OF ANY KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, EXPENSES, COSTS, FINES, PENALTIES, AND NATURAL RESOURCE DAMAGES, INCLUDING BUT NOT LIMITED TO ANY "LIABILITIES"UNDER ANY LOCAL, STATE, FEDERAL, OR OTHER GOVERNMENTAL LAWS,RULES OR REGULATIONS. Grantor and Grantee agree that, to the extent required by the applicable law to be operative, the indemnities contained in this Special Warranty Deed are "conspicuous" indemnities for the purposes of any applicable law, rule or order. From and after the Effective Date, Grantee expressly releases Grantor from all duties, obligations and "LIABILITIES" arising out of or related to the ownership, operation, administration, and eventual abandonment of the Property whether arising from acts or canditions arising or existing at or after the Effective Date. VI. TAXES Any real estate, ad valorem, personal property or other taxes levied or assessed on the Property shall be paid by Grantee as of the Effective Date based upon the most recent property tax assessments and most recent certified tax rates, up to and not to exceed $3,000; rop vided, that in the event any of the real estate, ad valorem, personal property -or other taxes levied or assessed on the Property exceeds $3,000, such excess shall be paid by Grantor. In addition to the consideration paid hereunder for this Special Warranty Deed, Grantee is responsible for paying, or reimbursing the Grantor for, any sales tax applicable to the sale of the Property, if any, in this Special Warranty Deed. All such real estate, ad valorem, personal property and other taxes with respect to the Property at and after the Effective Date shall be the responsibility of Grantee. VI1.GENERAL TERMS This Special Warranty Deed shall 'bind and inure to the benefit of Grantor and Grantee and their respective successors and assigns. THIS SPECIAL WARRANTY DEED, AND THE RIGHTS AND OBLIGATIONS OF THE GRANTOR AND GRANTEE HEREUNDER, SHALL BE CONSTRUED, INTERPRETED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCLUDING ANY CONFLICT OR CHOICE OF LAW RULES OR PRINCIPLES WHICH, IF APPLIED, MIGHT PERMIT OR REQUIRE THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. ALL DISPUTES RELATING TO OR ARISING OUT OF THIS SPECIAL WARRANTY DEED SHALL BE EXCLUSIVELY RESOLVED IN THE STATE DISTRICT COURTS OF HARRIS COUNTY, TEXAS, LOCATED IN THE CITY OF HOUSTON. Counterparts: This Special Warranty Deed may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. GRANTOR and GRANTEE have executed this Special Warranty Deed and Bill of Sale in duplicate originals to be effective for all purposes as of the Effective Date. [Signature page to fallow] C I i i E t i GRANTOR: GRANTEE: Mark ina C&pan� By: Qtilio Barrientos By: Title. 04 ,w4ov ^ Date: Date: 7 PY-00-7 By: Santos Q. Barrientos Date: By: Olga U. Young Dal . r` Jk* `� By: Lydia B. Garcia Date: SIGNATURE PAGE TO Special Warranty Deed and Bili of Sale by and between Grantor and MarkWest Javelins Company dated , 2007. I II F i I STATE OF TEXAS § COUNTY OF § With respect to the signature of Otilio Barrientos, this instrument was acknowledged before me on this the day of , 2007, by a notary public of the State of Texas. Notary Public My Commission Expires: STATE OF CALIFORNIA § COUNTY OF § With respect to the signature of Santos O. Barrientos, this instrument was acknowledged before me on this the day of_, 2007, by a notary public of the State of Texas. Notary Public My Commission Expires: �r�►+►t r rrlrry '• S1'A'I'E OF GEORGIA § = �y COUNTY OF koct[lete,. § -40x09 A �� C �+� With respect to the signature of Olga O. Young, this instrument was ac fore me on this the 10.0h day of:16hL 2007, by &&hAw-m & �'�}�ir , a notary public of the State of Georgia. Notary Public My Commission Expires:. STATE OF CALIFORNIA § COUNTY OF § With respect to the signature of Lydia B. Garcia, this instrument was acknowledged before me on this the day of , 2007, by , a notary public of the State of California. Notary Public My Commission Expires: ILLO STATE OF TEXAS § � ,RONALDNot a Cnsc: Nrrtgry Pu6fiC STATE OF TEXAS COUNTY OF W4£efr-.�— § My Comm.Exp.04-24.-10 With respect to the signature of Grantee, this instrument was acknowledged before me on this the I?t"day of44are4, 2007, by a notary public of the State of Texas. .1 wly Notary Public My Commission Expires: GRANTOR: GRANTEE: MarkWest 3avelina Company By: Otilio Barrientos By: 6z Title:. Date: 997-a 9- 'r Date: By: Santos O. Barrientos Date: By: Olga 0. Young Date: By: Lydia B. Garcia Date: SIGNATURE PAGE TO Special Warranty Deed and Bill of Sale by and between Grantor and MarkWest Javelins Company dated_127 X2007. i I� STATE OF TEXAS § COUNTY OF Ivaeoex § With respect to the signature of Otilio Barrientos, this instrument ways acknowledged before me on this the —9W day of, 2007, by a notary public of the State of 64Womia. 7"'eK4-" Notary Public My Commission Expires: LIU.lAN ORTIZ A-IEFFE! 4otuy pu*,am'1 Tans ...f-- -_eZ/2 1iy Commi�iois Eras O7 05- 10 STATE OF CALIFORNIA § COUNTY OF § With respect to the signature of Santos O. Barrientos, this instrument was acknowledged before me on this the day of____, 2007, by , a notary public of the State of Texas. Notary Public My Commission Expires: STATE OF GEORGIA § COUNTY OF § With respect to the signature of Olga O. Young, this instrument was acknowledged before me on this the day of , 2007, by , a notary public of the State of Georgia. Notary Public My Commission Expires: GRANTOR: GRANTEE: MarkWest 1avelina Company By: Otitio Barrientos By: Title: Date: Date: By: Santos O. Barrientos Date: By: Olga O. Young Date: B- I ydia B. Garcia r Date: 7 r U- 0 -7 SIGNATURE PAGE TO Special Warranty Deed and Bill of Sale by and between Grantor and MarkWest Javelina Company dated�u� 2007. i I i i t E i� 1 J i i STATE OF CALIFORNIA § COUNTY OF § With respect to the signature of Lydia B. Garcia, this instrument was acknowledged before me on this the _U_day of jj� 2007, by '" i( ` , a notary public of the State of California. Notary Public My Commission Expires: Vb �rh ¢ 21 cam,wrian 0 teearM Nalarr r+u�c-C�lanb STATE OF TEXAS § � § COUNTY OF NUECES § With respect to the signature of Grantee,this instrument was acknowledged before me can this the day of March, 2007, by , a notary public of the State of Texas. Notary Public My Commission Expires: l i i GRANTOR: GRANTEE: MarkWest Javelina Company By: Otilio Barrientos By: Title: Date: Date: B : Santos O. Barnentos Date: ff ? By: Olga O. Young Date:: By: Lydia B. Garcia Date: SIGNATURE PAGE TO Special Warranty Deed and Bill of Sale by and between Grantor and MarkWest Javelina Company dated 2007. i s STATE OF TEXAS § COUNTY OF § With respect to the signature of Otilio Barnentos, this instrument was acknowledged before me on this the day of_, 2407, by , a notary public of the State of Texas. Notary Public My Commission Expires: STATE OF CALIFORNIA § COUNTY OF t.-Q:? q i § With respect to the signature of Santos U. Barrientos, this instrument was acknowledged before me on this the !t__ day ofSjjh 2007, by Ttp�jjti , a notary public of the State of TAwzr W Notary Public My Commission Expires: 1 VANk t DW Gom"No n 116"124 STATE OF GEORGIA § �MVWN cI § MVL�anwn des Mar 16,201 COUNTY OF § With respect to the signature of Olga O. Young, this instrument was acknowledged before me on this the day of_, 2007, by , a notary public of the State of Georgia. Notary Public My Commission Expires: RELEASE AND WAIVER THIS RELEASE AND WAIVER(hereinafter"Release")is by and between Ms.Tammy Castillo, and on behalf of her heirs,assigns, and estate (collectively, "Ms. Castillo"),and MarkWest Javelina Company, its affiliates, successors and assigns, and their respective officers, directors, employees and agents (collectively "MarkWest"). Ms. Castillo and MarkWest may be individually referred to herein as a "Party" and collectively as the"Parties". This Release sets forth the terms and conditions of MarkWest's agreement to pay an amount certain to Ms. Castillo,as described below, to assist Ms. Castillo's relocation from that certain property located at 5417 Eden Larne,Corpus Christi,Texas,78107(the"Property"). 1. COVENANTS A. Consideration. In settlement and satisfaction of all claims of any nature, or related in any manner to the Property or to Ms.Castillo's residence on the Property,whether existing now or arising in the future,and contingent upon: (1) MarkWest's receipt of the original of this Release, executed by Ms. Castillo, without modification or revocation, (2) MarkWest's receipt of an executed Special Warranty Deed and Bill of Sale to the Property from the Property owners(the "Owners"), MarkWest agrees to pay to Ms. Castillo, within 15 days of tate occurrence of the last of items(1)and(2)above, the total sum of Ninety-nine Thousand Dollars,($99,000.00),as a single cash, lump sutra payment("Cash payment"),and (3)Ms.Castillo agrees to vacate the Property within sixty(60)days after receipt of the Cash payment. S. leo t: ber Payments. The payment set forth in patagFaph LA, shall discharge all obligations of MarkWest to Ms. Castillo, and serve to waive all rights to other compensation and benefits of any kind and nature, for any event,incident or act of omission or commission occurring prior to the effective:date of this Release. C. Release of Claims Against MarkWest. As a material inducement to MarkWest to enter into this Release, Ms. Castillo,as a free and voluntary act,hereby: I. forever waives, releases and discharges MarkWest from, and covenants not to sue MarkWest for, claims which Ms. Castillo has asserted or could have asserted against MarkWest in any judicial, administrative or other proceeding prior to the effective date of this Release including, but not limited to, claims by Tammy Castillo Release and Waiver reason of any matter,cause, or thing whatsoever which may have occurred between Ms.Castillo and any director, officer,employee, independent contractor,subcontractor, vendor,shareholder,agent,or representative of MarkWest prior to the effective date of this Release; and any claims arising because of continued effects of any acts that occurred on or before the effective date of this Release and this Release shalt cover any and all damages, liabilities, costs, losses, and expenses arising out of or related to such claims. Ms. Castillo expressly agrees that this Release covers, in addition to any injuries or damages which have already occurred, all injuries or damages which may herta.fter become manifest or hereafter occur arising out of noise, vibration, or other nuisances or trespasses, associated with or related to operations,activities and/or equipment of MarkWest or its agents; 2. warrants that none of the claims that are released and discharged in paragraph I.C.I.have been assigned or transferred in whole or in part,to any other party; 3. agrees to indemnify and hold harmless MarkWest for any attorney fees, costs, loss, settlement, or monetary judgment incurred by MarkWest, in the event Ms_ Castillo pursues any released or discharged claim against MarkWest. D. Can&dgntiality. 1. Ms. Castillo expressly agrees to keep the substance of settlement negotiations and the terms and conditions of this Release confidential, and shall.not disclose, publish or communicate the same,or any part thereof, to the media, any person,judicial or administrative agency, business entity or association, or anyone else, for any reason whatsoever, without the prior express written consent of MarkWest, unless the disclosure, publication or communication is compelled by law, or is to an attorney, accountant, or financial advisor, and is necessary for the rendition of professional services or advice to Ms. Castillo (in which event the restrictions and provisions of this paragraph I.E.and its subparagraphs("Confidentiality Provision")shall automatically apply to the attorney, accountant,or financial advisor,and Ms.Castillo shall be held responsible for any attorney's,accountant's, or financial advisor's compliance with this Confidentiality Provision.) If compelled, Ms. Castillo shall give the Partnership notice and opportunity to object to the requesting authority prior to such disclosure. 2. In the event of a breach of the Confidentiality Provision, the Party so breaching the Confidentiality Provision agrees to pay the other Party's costs and attorney fees incurred in any legal action or proceeding taken to enforce the Confidentiality Provision or to remedy any breach of the Confidentiality Provision, E. Eftetive JDate of Phis Agreement The effective date of this Release shall be the last of the following* (1) 2 MarkWest's receipt of the original of this Release,executed by Ms. Castillo or her duly authorized representatives, (2) MarkWest's receipt of the Special Warranty Deed and Bill of Sate to the Property, executed by the Owners or their duly authorized representative. F. Free and Voluntary Act. Ms. Castillo represents that she has had an opportunity to or has consulted with legal counsel regarding the terms and conditions of this Release, has carefully read its contents and clarified any point not fully understood, and understands and has given full consideration to all terms and conditions of this Release_ Ms. Castillo further represents that she has voluntarily signed this Release as her own free act, and is acting under no coercion or duress. Ms. Castillo further represents that no representations, promises, agreements, stipulations, or statements have been made by any director, officer, employee, agent, or other representative of MarkWest,to induce this settlement,beyond those contained herein. H. ADDIT1i0NA)L PRQV�SIQIYS A. Severability. In case any one or more of the provisions of this Release shall be found to be invalid, illegal or unenforceable in any respect,the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or 'impaired thereby. Further, any provision found to be invalid, illegal or unenforceable shall be deemed, without further action on the part of the Parties, to be modified, amended and/or limited to the minimum extent necessary to render any such provision valid and enforceable, with the complete understanding that Ms. Castillo's intent and desire to release and forever discharge MarkWest shall remain in effect forever. g. Entire Agreement. This Release supersedes all prior written and verbal promises and agreements between the Parties. This Release constitutes the entire agreement between the Parties and may be amended, modified or superseded only by a written agreement signed by the Parties. No oral statement in the future by any director, Officer,employee,agent,or other Mark West representative shalt modify or otherwise affect the terms and provisions of this Release. C. Governing Marv. This Release shall be construed in accordance with the laws of the State of Texas without regard to conflict of Iw rules or provisions therein that might otherwise apply the law of another jurisdiction. D. Admissibility. The Parties agree this Release shall not be admissible in any proceeding,except proceedings to enforce this Release or for a breach of this Release. SIGNATURE PAGE TO 2007 RELEASE AND WAIVER BY AND BETWEEN M5. TAMMY CASTILLO AND MARKW ST JAVELINA COMPANY FOLLOWS ON NEXT PAGE 3 IN WITNESS THEREOF,and intending to be legally bound,the Parties have executed this Release and Waiver. MS.T Y ASTILLO Da STATE OF TEXAS } COtJNT'Y OF NUECES } SUBSCRIBED AND SWORN to before me this day of � 2007, by Tammy Castillo. WITNESS my hand and official seal. Notary Public: �.. CHRIS F, LOLVtO My Commission Expires: I' 1 Nmry Public,State of Toxas My Commission exores Sepftanil,ar 02,ZflQg MARKW LINA C Y BY: ITS:MART � W7_ DATE: r / Zoo 7 STATE OF TEXAS } COUNTY OF�fIiIWEE } LIBSCRIBED AND SWORN to before me this _ day of, 2007, by of Mark Westlavelina Company. WITNESS my hand and official seal, Notary Public: �--� My Commission Exp r Y-z a 1 SIGNATURE PAGE TO !/I_, 2007 RELEASE AND WAIVER BY AND BETWEEN MS. TAMMY CASTILLO AND MARKWEST dAVELINA COMPANY LQ�'w!'WAI--INNRONAL:A. ASTILLONobllcSTATEXASmy Com0d-24-10 WARRANTY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, I, ?'CARIE GOIN, not joined by my husband because the property herein conveyed is my separate property and estate, and. constitutes no part of our homestead, as Grantor, for and in consideration of the sum of Ten and N01100 Dollars ($10.00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVELIHA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: Lot Three E (3-E) , EHLERS GARDEN TRACTS, being 0.453 acres as recorded in Volume 1635, Page 33, Nueces County Deed Records, and being a portion of Lot Three (3) , EHLERS GARDEN TRACTS, as recorded in Volume 6, Page 33 of the Map or Plat Records of Nueces County, Texas; Plat of Lot Three E (3-E) appearing of record in " Volume 48, Page 93, clap Records of Nueces County, Texas to which record reference is here made for a complete description. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind herself, her heirs, executors and administrators to WARRANT AND FOREV`R DEFE" all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1991, which have been prorated to this date. QL 2R8PAGF 359 JI + - IK va 2" t9 n,f 364 EXECCITED this day of November, 1991. Marie Goin Mailing Address Annprari wWr&eahm*khUleSARenalaM of Me 6wdWd REAL PMPfF ry Rdsx11'0 of R"44 Calan, of Grantee: gas,Hal,r;iwy.fonr'�!S�iu:atfClmsfUryNth inn 'd nor!LT.eS.;,dCot:•.rx�v 1'::7`'Y::tCY,]Ii2169. COASTAL 7AVELINA, INC. Coastal Tower STATE OF TEYAS Nine Greenway Plaza CCI1nTY0'NJEGFt Houston, TX 77045-8995 tlr ray-e4::fth,:16`.isinslrar"mwnFlLEDm1bNor* Sequsnce rI the d&a;jL't 1%.4)Cn+a skimped herein 11 me,rw .n duly fiE;CMD. In Iha Ol c O rubh.:R,*rmdj 0 REM PROPERYY Huwm CdanlF,[xus ca NOV 11 B 10 STATE OF TEXAS ^'t covmTY CLERK NUEUS CMNIY,TM COUNTY OF NUECES This instrument was acknowledged before me on the tLi� day of November, 1991, by MARIE GOI . x:Y �u Yr+ar�lrir,# Notary Pub]. late of Texas ori` ¢}• ti f�'<,^,�' WARRANTY _DEED FROM MARIE COIN TO JAVELINA COMPANY, A TEXAS GENERAL PARTURracs Ip AFTER RECORDING RETURN TO: NICOLAS, MORRIS & BARROW 505 South Water Street 545 Klee Square Building Carpus Christi, TX 784pa1137aAIN Rp4 /dw3/pm/javdeed,pm z � w r H! / . � I l e I W 1 1 ` (FoP�oaaul7� • t i'lf]C"❑ Abet w wit- rroin m s•3 y[ 4 3 �° ai rry M ai e04 Q l 1 h l 4 �,IS'6Fz ,F9'6bZ --7.9!;,IS•LI N x SOIN3lUbV9 '9 SO1NVS has Lu q 1 ti UA '3n D 4 I x V 1 � 90 /A �j y 1 .v 7,p 4 ��3 p �� t z W I f ,+ � � c~rs f 4cr�r h 1 0 f � f �fx 6 f �,a• I I � 3 r I 1� C1' f t� a �. J- ti terra• "1 1 - � A v. - � 4i e !� y h ur Zlwx.) aQF Z Y CQ+ I cc y � + SS + 6t {s rc 3Nti7 /V 3 Q 3 \ i Qb- o- ezee p� N P a � r,, .if Ci,a•n- • ,.�eU� � a . 0 ti h J jj I() r1r YI a ,C" 94 N J a• ,,,� t{ �l v���� ',r 7 0 ry v• I�V 3 55 ttY,� 4 ol� o cr 6� f v SFr to � t rg sr 7'79931 23,A PAGE 520 W.4RRAnY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, We, GABE G. HERNANDEZ and wife, AURORA HERNANDEZ, as Grantors, for and in consideration of the sum of Ten and NO/100 Dollars ($10.00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOUS AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto SAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: Portion of Lot Three (3) , EHLERS GARDEN TRACTS, in Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 6, Page 33, Map Records of Nueces County, Texas, and being described by metes and bounds as follows: E. 1/2 of a tract of land out of Lot 3, Ehlers Garden Tracts, in Corpus Christi, Nueces County, Texas, which said tract of land is described as being 1 acre of land, more or less, out of Lot 3, Ehlers Garden Tracts, situated West of Corpus Christi, Texas, and being W. 165 ft. of that certain tract of land conveyed to Mable Anderson Rutherford by deed recorded in Volume 294, Page 113, Deed Records of Nueces County, Texas and being the same property conveyed to Hubert C. Walters et ux by deed recorded in Volume 314, Page 610, Deed Records of Nueces County, Texas; said 1 acre tract being described by metes and bounds as follows: COMMENCING at point of intersection of W. boundary line of roadway along E. side of Lot 3 and S. boundary line of Lot 3, the SE corner of Lot 3; THENCE N. 17 dog. 30' E. along W. boundary line of said roadway, the same being E. boundary line of Lot 3, a distance of 448 ft. to a point, the NE corner of Mabel Anderson Rutherford Tract, THENCE, N. 78 deg. 22' W. along N. line of said Mabel Anderson Rutherford Tract, the same being parallel to S. boundary line of Lot 3, a distance of 165 ft. to a point in same, the NW corner of that certain tract of land conveyed to Lloyd Magee by deed recorded in Volume 314, Page 613, Deed Records of Nueces County, Texas, for NE and beginning corner of this tract; THENCE, S. 17 deg. 301 W. along W. boundary of Lloyd Magee Tract, a distance of 264 ft. to a point, the SW corner of Lloyd Magee Tract for SE corner of this tract, the same being located in N. boundary line of that certain tract of land conveyed to A. H. Masiran by deed recorded in Volume 269, Page 71, Deed Records of Nueces County, Texas; THENCE, N. 78 deg. 22' W. along N. boundary line of A. H. Masiren Tract a distance of 165 ft. to a point, the 5W corner of Mabel Anderson Rutherford tract and of this tract; THENCE, N. 17 deg. 30' E. along W. boundary line of Mabel Anderson Rutherford Tract a distance of 264 ft. to a point the NW corner of said Mabel Anderson Rutherford Tract and of this tract; THENCE, S. 78 deg 22' E. along N. boundary line of Mabel Anderson Rutherford Tract a distance of 165 ft. TO PLACE OF BEGINNING. To HAVE AND To HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantors do hereby bind themselves, their heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the: said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1993, which have been prorated to this date. EXECUTED this [� day of November, 1991. Gabe G. Hernandez Aurora Hernar � � Mailing Address of Grantee: Coastal Javelina, Inc. Coastal Tower Nine Greenway Plaza Houston, TX 77046-0995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of November, 1991, by GABE G. HMRNANDEZ and wife, AURORA HEBNANDEZ. 6»nna <vr'p�ARY 4ip r Notary Pu blxc ate of Texas jjj 1314 t. ,....,�.�;..:4; vet ��r� a;�i 2314wt act 522 WARRANTY DEEM PROX GABS G. HERNANDEZ AND WIPE, AURORA BERNANDEZ TO ITAYSILMA COMPANY, A TEXAS GENERAL PARTNERSHIP AFTER RECORDING RE'T'URN To: NICOLAS, MORRIS & BARROW 545 South hater Street 545 Klee Square Building Corpus Christi, TX 78401 /dw3/pm/herndeed.pm Any al a dr 4 P* ERTY b=km cbba of�Color, RaN�5u,firrPrFxp,Femi:�l$tatusarNatraraldh n,q invaW&M tbuml.=aW uncu MEtiM1.lAW,3112189. MATE OF TSM M Mi'F OF MVECES ibelelllperahm�tJrSrlmtnu+NnlruaFM.4�&t�iMll�elrrr � � � PRMT 3tgegap M Shr do.a KE h the tJma�+o/ad ha!six 4!me,arvd .Ms Y wzs E M[I'AltOEO,In t;w 11tTr�at►t9fR MeaanM of AFIk MVem Cr a y,Tawas as � � rr NOV 710 ♦;"t1�HTr�If F� x MUfOSG01�ffYY,�� CG O• 0 e`�.ir se + 3 h 6'Z 69' IP u t �r ! ra Or ! ! r •L4 ! a ! Aow - r r a y o� vow dt�/vbvo l �—= f �A cr s t YIVV7- /V 3 Q s h [� Ir, U 1 Q� h C16` 2z 0- 2Z r `lr ;'' ry 1, j � � '� �• s _ F- o tiff co o � `r' `Sra•���y � rr '� .1 � ? r AI O.fV 46f- Jt a fr wj 3 55dt5 �Ole t d CJ 6. c 41 p VA. s K Qj b� 4 Q h Q1 .� Qc c I r .. - DOC# 849228 —r WARRANTY DEED DATE: April 2, 1993 GRANTORS: Billy J. Anderson and wife, Elma L. Anderson GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): Route 3, Box 481 Corpus Christi, Nueces County, Texas 78415 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY): Nine Greenway Plaza Houston, Harris County, TX 77047-0995 CONSIDERATION: The sum of Ten and No/100 Dollars (510.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY (including any improvements): TRACT 7 Lot 3"D", Ehlers Garden Tracts, a subdivision in Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 47 at Page 181, Map Records of Nueces County, Texas, reference to the retard of which is here made for a complete description. IRA-L That certain tract or parcel of land situated in Nueces County,Texas and being 55 feet by 145 feet out of Lot 3, Ehlers Garden Tracts according to a map thereof recorded in Volume 6, Page 33 of the Nueces County Map Records and more commonly known as 5405 Eden Lane, Carpus Christi, Texas 78407, and described by metes and bounds in a Warranty Dead dated December 10, 1984, from Ann Blake Gonzales, a widow as Grantor to Billy J. Anderson and wife, Elma L. Anderson as Grantees, recorded in Volume 1945, Pages 351-354, Deed Records of Nueces County, Texas, reference to the record of which is here made for a complete description. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1, Grantee accepts the property in its "AS IS" condition, without warranty of use for any particular purpose. Nothing in this sentence, however, shall effect or limit the warranty of title set forth in this deed. 2. There is reserved to the Grantors for the period of time hereafter stated, the right of Grantors, to occupy the property and improvements and use them for their present purposes. This right to occupy shall terminate one hundred eighty (180) days from date of this deed. While in possession of the property the Grantors agree to maintain insurance in the amounts currently maintained on �7) o =P+18 r the property including fire, windstorm and extended coverage,and the liability insurance described below in this paragraph, naming the Grantee as an additional insured. Buyer agrees to indemnify and bold the Grantee Javelina Company harmless of and from any and all causes of action for injury to persons or property on or about the premises whether arising out of their occupancy or not, excluding acts of God, war, plant explosions, catastrophes or strike. Grantors further agree to pay all utility bilis and to suffer no liens or encumbrances to maintain the premises in the present condition and to permit no damage or waste, reasonable wear and tear accepted, Grantors shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against aft claims, losses and damages to persons or property, including costs and attorney's fees, incident to or in any manner resulting from Grantors's performance of their rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole and/or concurrent negligence of Grantors, or Grantors' agents, employees, or licensees. Grantors further covenant and agree that they will comply with all municipal ordinances of the City of Corpus Christi that require moving permits, and will make no illegal use of the property. In connection with Grantors'possession of the improvements, Grantors agree that until the earlier of one hundred and eighty(180) days from date hereof, or such time as the Grantors vacate the property, Grantors shall keep in full force a liability insurance policy in at least the amount of 5100,000.00 per person, 5300,000.00 per incident and $50,000.00 property damage, said policy naming Grantee as additional insured. 3. Taxes for the year 1993 and subsequent years. 4. This conveyance is further made subject to any and all restrictions, covenants, conditions, visible or known or recorded easements and reservations, if any, relating to the hereinabove described premises, or as shown of record in the Office of the County Clerk of Nueces County, Texas. 5. Tract 1 is subject to reservation of oil, gas and.other minerals in warranty deed dated December 3, 1981, from Jerry Jolliffe and wife, Loraine D. Jofliffe as Grantors to Billy J.Anderson and wife, Elma L.Anderson.as Grantees, recorded in Volume 1808, pp. 527-528, Deed Records, Nueces County, Texas, and there is excepted from Tracts 1 and 2 all oil, gas and other minerals or interest in same, if any, heretofore reserved by Grantors'predecessors in title as shown by the records of the Nueces County Clerk. WARRANTY: Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever;and Grantor hereby binds herself, her heirs,executors,administrators,successors and assigns,to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF,this instrument was executed at Corpus Christi,Texas, as of the date above written. 6-721, 13 y J, rson Elma L. Anderson STATE OF TEXAS • COUNTY OF NUECES AP,ei 4- This instrument was acknowledged before me on the day of40aft+, 1993 by BILLY J. ANDERSON and ELMA L. ANDERSON. EC SHE RYL A MANN 11 Wy'Ahk$TATE 8F TEXAS+ My Comm E*Wv%:hTo.1W Notary P lic, State of Texas AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 S. Water Street, Suite 545 505 S. Water Street, Suite 545 Corpus Christi, Texas 78401 Corpus Christi, Texas 784071 WARRANTY DEED FROM BILLY J. ANDERSON and ELMA L. ANDERSON TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP c:omWeeds tarldersonlpar FILED FOR RECORD DOC# 8442.28 $10 04-05-1993 04: 39: 11 ERNEST M. SRIONES NUECES COUNTY r Any plors:ion herein whish nastr!eh tha Sege,Rental or vita of V*described RFAL PRsaFcFli;�eausa cr ane Cotdr, ft Sex,HerrG:rAp,Fa.alaiSx:usw'1:tilal7rr{In.rs Po and—fotta"wader rED,RAI LAW,3/12/a. M REU p p COUNT OF Ft COUNTY OF HifECF5 I h ere by cerliy tw Iyis inatrumtnt was Fl LEB in rua Numi>4r S&QuWedothe daMand alIhBUmaaamNe6hereinbyv. ,and was duly PFC.0ROTO,in Ma D,yic1at Public Ree alds a! Nue tits Wunly,Texas on NF R 5 1953 (9-44-- /l��G"--iY NUECES COUm'Y.rF.1LAS E:XH I BIT A C•w' r r I Lam}° , ri t h f + 7t,• le f �rz f ID��.-.prrrs ro f b Cr h y M ! 61C 1-55 Ps c ti * r d q f 6� T. I r 6 e o n f 7" 'c r cs fih '':'�' '• I J. BB•�: b9z.9 b - ' dui v ss - r • �:. r � DC7/ !J')A2 '}�m�" . d o � p• � � .. v � I y e . HRr n n r r n`kl r r " � g ou N a' N �.� f P A 1J � � � •t/.!I+[•A,!'w-"7In vJ: f 3. .,,;�.',/�• �t J r h r j-- p � - �' � .• r * 7 p O J, 4 ti rtl a s a ti y,y�M1, lu A �rl - • �z Ab.� • tis .� o �.�•� o- nr r � Zr K _ �- ►; CJ r1'y � �W � ❑ i In w � _ Qc a o -93Al4do 310 -7 d31 V,?dam' "WLu -- -zggo//-p dU w $i t cvf JIAZ i ti 4 Cdr Y D = ��ee. •v J' In � O �°. J u �Yr Vi U) : I i `pll* _l f �. I• 1 r����• N 1 � " � N hF RI -4QK3; 0) I P _ K. ons rC Y /V .3Q � LO '�► D6--0- ?za cw 414 CIV lu I•-� �� . . . Liz �a� , --s 41 06 `IV U 14 y fir• lk + �► ` —� - — J /, '�- a v L D sy �Ole I a u 6F JL 0 ( J t � 33 E Xtj IB I TT h 40P � R Rogo cA 1 � r Ir � ''fes✓9creJ h 1 r r �fz f 7y ' �s r rs7 i 1 !re 1 1 � 1 �0 r � G h � fei YV g r! I 69yc• T2 n� � I A� qT i q r c 1 f m 7 Ac r-ens t, 1 nf71, �t'r 69•x. 6 r 1:954 w4i 945 401935 GENERAL WARRANTY DEED] THE STATE OF TEKAS f 9NOW ALL MEN 13y THESE PRrSENTS: COUNTY OF NUECES i THAT I, ANN BLAKE GoNZALES. a .icor ari h (hereinafter called Grantors, whether one or more) of Jefferson 1,ouiniana for and in consideration of the sum of TSN AND NO/100 DOLLARS ($10.M and other good and valuable consideration to me cash in hand paid by J. ANUeRSON and wife, EZ,VM 1_ ANDERSON Whose Address is 5409 Eden Lane, Corpus clhriati, Texas 76407 (hereinaft(-r called Grantees, whether one or more) of Nuecea County, Texas, the receipt and sufficiency of which is hereby acknowledged and confessed, AND FURTHER, the consideration of ttie execution and delivery of the said Grantees of their one certain promissory note of even date herewith for the prin- Cipal sum of THIMEN THOUSAND FIVE HUNDRED AND NO1100--------------------- Dollars ($ 13,500.00 ), payable to the order of THE INTERNATIONAL SANK OF CORP'U'S CHRISTI said Payee having advanced such sum of money toward the purchase of the here- inafter described property at the request of the Grantees herein, such note con- taining the usual and customary default, acceleration of maturity and attorney's fee clauses, and being further sec'ored, in addition to the vendor's lien retained herein, by a Deed of Trust or even date herewith to ALLAN J. CHEATUM, Trustee, on the hereinafter described property, HAVE GRANTED, SOLD And CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto the said Grantees all that certain tract or parcel of land situated in Nueces County, Texas, described as follows, to-wit: (see Legal Description an EXHIBIT "A" ATTACHEM rl I 1 This conveyance is made and accepted subject to all restrictions, reserva- tions, covenants, conditions, rights of way and easements now outstanding and of record, it any, in Nueces County, Texas, affecting the above described prop- erty. TO HA V S AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantees herein, their heirs, successors and assigns, and we do hereby bind ourselves, our heirs, executors, administrators, suc- cessors and assigns to Warrant and Forever Defend all and sSngular the said j premises unto the said Grantees, their heirs, succesaors and assigns, d against every person whomsoever lawfully claiming or to claim the same or any part thereof. DEED RECORDS YOL 1945 ia.i 351 ia�fv/Sy- Det F i= 7 0 ,,n,e L(0aaP, rIr -,0 ee-d �r fi EXHIBIT "A" pi(L954 wku 946 VQt 29 5 FACE 352 All that certain tract or parcel of Land situated in Euetes County, Texas and being 55 feet by 145 feet out of Lot 3, Ehler's Garden 'Tracts according to map thereof recorded in Volume 6, Page 33 of the Nueces County Map Records and described as follows: BEGINNING at the southeast corner of Lot 3, Ehler's Garden Tracts and thence N. 17 deg. 30' E. 448 feet to an Iron pin, THENCE N. 78 deg. 22' W. 55 feet to an iron pin which in the northeast corner of this tract and place of beginning; THENCE S. 17 deg. 30' W. 145 feet to an iron pin the southeast corner of this tract; THENCE N. 78 deg. 22' W. 55 feet to an iron pin the southwest corner of this tract; THFNCE N. 17 deg. 30' E. 145 feet to an iron pin In south line of Eden Lane for northwest corner of this tract; THENCE S. 78 deg. 22' E. along the south line of Eden Lane 55 feet to the place of beginning and being the same property conveyed by Cosme Gonzales and wife, Ann B. Gonzales by deed dated January 30, 1963, recorded in Volume 989 Page 122 of the Nueces County Deed Records. i I +:1.9 �y'd•E 907 13UT it is expressly agreed and stipulated that the Vendor's Lien and the Superior Title are retained and reserved against the above described property, premises, and improvements until the above described note and all interest thereon is fully paid according to its face and tenor, effect and reading, when. this Deed shall become absolute: and the Vendor's Lien and the Superior Title are hereby transferred, assigned, sold, and conveyed to THE INTERNATIONAL t3M OF CORPUS CVRISTI the Payee named in said note, its successors and assigns, without recourse. Taxes for the year 1984 having been prorated, the payment thereof is here- by assumed by Grantees, EXF' CUTFD this 10th day of Oecembex 1�G f^ f ON SLAKE GONZALES LAUI5IARA THE STATE OF 7tlf5W-va } -&W6 OF Aim 1 BEFOR E ME, the undersigned authority, on this day personally appeared ANN SLAKE GONZALES known to me to be the person whose name is subscribed to the foregoing in- strument, and acknowledged to me that ahu executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this,/ day of. CiirA�'•t'w;, 1984. h Otar Public in and for 3imecvwMAN FeraCfy [MM Louisiana THE STATE OF TEXAS I COUNTY OF NUECES i 13EFORE ME, the undersigned authority, on this day personally appeared i known to me to be the person whose name subscribed to the foregoing in- strument, and acknowledged to me that executed the same for the purposes and consideration therein expressed, y GTVF:N under my hand and seal of office on this day of 19 t I Notary Public in and for Nueces County, Texas f f YOL 2945 -i 353 ji i i 954 141a 909 DEED RFCQRD5 0.'1945 4,L 354 31A1f OF TEXAS =MTV OF MOEOES V 1��CWh th!toil insTrarea�R ws FRED nn tIM data aid d N 1[m�Wnpd hnwm mf:Md�p doh RfIAFtDED,r Vr a1 esaa�r7l 0 of oko y ffuL e FFfAAO9 w'"OcuMf. DEC 18 1984 "+ COUNTY CLERK K MUECES COON"TEXAS w tj Ld C15 . m gZT 5 � V/ ~ F F C (i] m o . W 0 o r 444 . ..... � � • a z I a I a C7 ❑ u m � � i t i Prepared by tho State Bar of Texas 6)r use by lawyers only. Rt:visc 10-85 ®iR1G1NA[ "W.y-� r. WAS WARRANTY DEED AQ E- Bate; April to 1990 CB+Ntrr Ct tk�411 rOGMry tx Grantor: ,john R. Padilla and Gallie Joreene Padilla, Individually and as Independent Executrix of the Estate of Arthur C. Padilla, Deceased Grantor's Mailing Address{includingcounty): c/o John R. Padilla 702 MBank Center North Corpus Christi, Nueces County, Texas 78471 Grantee: Javelina Company, a Texas General Partnership Grantee`s Mailing Address(including county): Nine Greenway Plaza Houston, Texas 77046 Attn: Right of Way Department Harris County Consideration: Ten and Nc/100 Dollars ($10.00y and other good and valuable consideration, the receipt and 'sufficiency of which is hereby acknowledged, Property(including any improvements): A tract of land being 55' x 150' , more or less, out of Lot Three (3) , of the EHLERS GARDEN TRACTS in Nueces County, Texas, more particularly described by metes and bounds in Substitute Trustee's Beed dated November 6, 1962, from Robert Lee Bunting, Jr. , Substitute Trustee, as Grantor, to Arthur Padilla, as Grantee, recorded in Voltune 981, Pages 218-221, Deed Records of Nueces County, Texas; together with all improvments thereon. Reservations from and Exceptions to Conveyance and Warranty: 1. Present restrictions, if any, existing against said property. 2. Existing Building and Zoning ordinances, if any 3. Rights of parties in possession 4. Delinquent tax judgment in Cause no. 88--6796-C. 5. Mineral reservations and easements of record and all municipal ordinances and other matters of record affecting the property herein conveyed. 6. The property and improvements are sold "AS IS", WHERE IS", without warranty of condition or suitability, express of implied. Grantor.for the consideration and subject to the reservations from and exceptions to conveyance and warranty.grants,oils. andconvcys to Grantee the property.together with all and singular the rightsand appurtenances thereto inany wise belonging.to have and hold it to Grantee.Grantee's heirs.executors,administrators,successors,or assigns forever.Grantor binds Grantor and Grantor's heirs,executors,administrators,and successors to warrant and forever defend all and singular the property 10 Grantee and Grantee's heirs,executors.administrators,successors.and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof.except as to the reservations from and exceptions to conveyance and warranty. When the context requires.singular nouns and pronouns include the plural. Signed this 6th day of April, 1990, <7��`.'"� A .�,'� 1,�1 r_��c'�'�S�c.v ��•C.E�Y..d-�. ?c.f'_ C:r" _ 'C� JChn R. Padilla Billie JQre ne Padilla, Individually, and as Independent Executrix of the Estate of Arthus C. Padilla, Deceased (Acknowtet picel) STATE OF TEXAS COUNTYOF NUECI S This instrument was acknowledged before me on the 9th day of April '1990 by JOHN R. PADILLA. ffm AMON Notary Pu c.Slate of Texas Pulik Notary's name(printed):TUMOd 1Q IM Notary's commission expires: (Corporate Acknawtedament) STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of �� .1990 by BILLIE JOREENE PADILLA. No. t'ublir.St [ifTCxas 1 Notary's name(printed): j+ �.-xz w•.reµ Notary's commissionexpires; i'R�.�#LE9t11341V�[f@��f�: �RITI#&I�i1�6� STATE OF TEXAS COUNTY OF TAF WR WT Thij instrument was acknowledged before me an the +��` day of , 1990, key BILLIE JOREENE PADILLA, as Independent Executrix of he Estate of Arthur C. Padilla, eased, in the capacity therein �4y{ .-r_r.,^i'h.r.•>,�:' ..'' Notary PuID11C, State of `�'eX�gy t r• r •p.r3 . f t-tv r. AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE C)F NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 South Water, Suite 545 505 South Water, Suite 545 Corpus Christi, Texas 78401 Corpus Christi, Texas 78401 (512) 883-6341 o q[a W� r 1 n ! 0 r 1 r �1sz f ». 1 r b I Q • n ai 0 r t q D b rt �9crrs I 'iii 1�!?•w r aA P)dV, , o Or .._• �- 25.98 A C L A T /��� 1i4 -9® YS d 5 IP d c t C 0 22 247.19 9 151 T'eQ_ as Y piv ' h / ely � p�►r �, 13137 Z�gRS �� 4 a LQ 40' uu k ?-0 34 AC �/L' D T y`1. Bac r996Oi try 3. 3q D+, �q nage 2i g�2?tl6 3�` x v.CI a tiCe 0-/o 1 3?n 4' N '4' T C) 9/ J/ STATE OF TEXAS X LORI INAL WAS X COUNTY OF NUICES X RELEASE OF JUDGMENT On duly 14, 1989, City of Corpus Christi and Nueces County, as Plaintiffs, recovered a judgment in Suit No. 88-6796-C, against Arthur Padilla, Defendant(s), seeking foreclosure of the tax lien against: Acct. No. 2197-0040-0240, A tract of land being fifty-five feet by one hundred fifty feet (55' X 150% more or less, out of Lot 3 of the Ehlers Garden Tracts in Nueces County, Texas, as shown by map recorded in Volume A, Page 41, Map Records of Nueces County, Texas Said judgment has been paid, settled and satisfied, only as to the above named Defendant(s) and property, all costs of suit have been paid, and a release of judgment is necessary to clear the title to such property. In consideration of the payment of all taxes in such judgment against such property and all costs of court in such suit, City of Corpus Christi and Nueces County, hereby recite payment and satisfaction of said judgment and authorizes their release of record as to such property only. Dated this the 1 day of April, 1990. LYRbA D. HELTON STATE BAR #09405700 ATTORNEY FOR Plaintiffs STATE OF TEXAS X X COUNTY OF NUECES X Before me, a notary public in and for the State of Texas, on this date personally appeared Lynda D. Helton, tax attorney .for the City of Corpus Christi and Nueces County, Plaintiffs known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein stated. Given under my hand and seal of office this the day of April, 1990. Ida Parker i 10A 4 AC ItCli Notary Public, State of Texas yf JUly 29, 1993 Commission Expires: 07129193 12-14-'07 16:23 FROG!- T-430 P002/008 F-928 THE STATE OF TEXAS § COUNTY OF NUECES § 1, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Resolution No. 027500 passed and approved by Corpus Christ] City Council on November 20, 2007 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seaf of the City of Corpus Christi, Texas, this 26th day of November 2007. Armando Chapa City Secretary Corpus Christi, Texas (SEAL) C. � � 00 00 P 12-14-'07 16;25 FROM- T-430 P003/008 F-928 page I of 3 AN ORDINANCE ABANDONING AND VACATING A 30,887,54-SQUARE FOOT PORTION OF THE EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF LOTS 3, 3A, 4, & S, EHLERS GARDEN TRACTS, LOCATED EAST OF THE MCBRIDE LANE STREET RIGHT-OF-WAY, AND NORTH OF IH37; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Javelina Refinery is requesting the abandonment and vacating a 30,$87,54-square foot portion of the Eden Lane public right-of-way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of the McBride tans Street right-of-way, and north of IH 37; and WHEREAS, it has been determined that It is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easements, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 30,887.54-square foot portion of the Eden Lane public right-of- way, out of lots 3, 3A, +4, & 5, Ehlers Garden Tracts is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of-way until the existing utilities in each easement are relocated or abandoned. The plat of the subdivision is recorded in Volume 6, Page 33, Volume 37, Page 124, and Volume 31, Page 69 of the Map Records of Nueces County, Texas. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of$23,186.00 within 30 days of the adoption of this street closure ordinance, on a one-time payment basis, for the abandonment and vacation of a 30,887.54-square foot portion of the Eden Lane street right-of-way. 2) Owner must retain the entire 30,887,54-square foot portion of the Eden Lane street right-of-way proposed for closure as a utility easement for the continuous maintenance of all existing public and private utilities within the right-of-way, by the appropriate private and public utility companies. 3) No additional vehicular traffic by refinery tracks will be allowed on the Edea Lane right-of-way, only for utility maintenance purposes or as an emergency entrance or exit. 02750 u•u gra.rtE[arcnaron,ra„r�lanP,ra�ann711I-1'►nRn-anondon-vacale.lavaiinaRBflnerv-L1tilEasement.doc 12-14-'07 16:25 FROM- T-432 P0041008 F-928 Page 2 of 3 4) Owner will be allowed to construct a chain-link fence with gate across the right- of-way with a sign and 24 hour emergency number for utility maintenance access. 5) The relocation of any existing City or private utilities will be done at owner's expense. 6) Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of hlueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. uAl=r. n�necti.,, ,���o,,�yansnrla�7nf17114.1�'1llRllahnnrfnn.vsrrafa.lavafin� rlinervUtil�asement.doc 12-14-'07 16:25 FROM- T-430 P005/008 F-928 Page 3 of 3 That the foregoing ordin.qrice was rea4 for the first time and passed to its second reading on this the �� day of 'IE� , 2047, by the following vote: Henry Garrett Priscilla G. Leal 65fil'4 Melody Cooper Jahn L. Marez Aix�� Larry Etizondo, Sr. Nelda Martinez Aor Mike Hummel) Michael McCutchon Bill Felly At That the fgregoing ordinance was read for the second time and passed finally on this the day of ' , 2007, by the following vote Henry Garrett AtAL Priscilla G. Lea} Melody Cooper Aue. John E. Marez Garry Elizondo, Sr. WIG_ Nelda Martinez A(- Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the eS day of 2007. ATTEST: &i�r� Armando Chapa u4nry City Secretary Mayor APPROVED as to farm: November 7, 2007 By: ti .) G ry M Smith Assistant City Attorney For City Attorney 027500 H:1Lr=G.Di R\SharedlGary5lavenda12007\11-131ORD-abandon•vaealojavelinaRefineq-LltiiEnsement.doc 12-14-'07 15:27 PROM- T-430 P006/008 F-928 ENUI:BIT B PIELI7 NATES FV" KIM9 SMUT CLOSURE AND UTIUDLE—AMMENT Boing a 30,887.54 square foot street of varying with known as Eden Lane out of L sot 3, F'hlers Garden Tracts as shown on plat recorded in Volume 6,Page 33 of the Map Records of Nuects County,Texas,also being all of the dedicated street right of way as shown on plat ofNucces County,Texas and a portion of the dedicated street right of vAy as shown on plat of Lot 5,Pfilcrs Garft Tracts recorded in Volume 31,Page 69 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows; BEGINNING at a point an the southerly right of way of Eden Lane,the easterly line of a called 0.5 acre tract of land described in Volume 2314, Page 524, Deed Records Nueces County Texas and the northwesterly corner of said Lot 3D,Ehlers Garden Tracts recorded in Volume 47 Page 181 of the Map Records ofNueces County,Texas,and also being the northeasterly corner of a called 0,99 acre tract decd to Costal .1avelina, Inc., for tho POINT OF BEGINNING of the herein described street closure and utility easement; TI91 NCE N 780 22'00"W,with the south right of way lute of said Eden Laney being the:north line of said 0,99 acre tract,at a distance of 165.04 feet pass a point fur the northeast comer of said 0.99 acre tract,being the nm1hwest comer of a called 1.12 acre tract deeded, to Coastal lavclina, Inc. Document number 2007037790 Deed Records of Nueces County, Texas; continuing with the south line of said Eden Lane, being the north line of said 1.12 acre tract;at a distanoe of 72.69 float to a point for the northwest corner of said 1.12 acre tract, and being the northeast corner of Lot 3-A Ehler Garden Tracts, deeded to Coastal Javelina,Inc.Document number 1996031225 of the Deed Records ofNueoes County,Texas;at a distance of 9995 feet to a point for the northwest corner of said Lot 3-A,and being the northeast corner of a called 0.30 acre tract deeded to Coastal davelina,Inc,Document number 873142 Deed Records ofNueoos County. Texas;in all a distance of 525.74 AW to a point on the west right of way line of McBride Lane,same being the northeast corner of said 0.30 acre tract, for the southwest corner of the herein described street closure and utility easement; THENCE N 170 46'21"B,with the west right of way line of said McErWa Lane,a distance of 59.09 feet to the southwest corner of a called 0.53 acro tract, deeded to Coastal Javelins, Inc. Document number 1998020296 of the Dced Records of Nueces County, Texas; fur the northwest corner of the herein described street closure and utility easement; THENCE S 780 22'00"E,with the north right of way line of said Eden Lane,being the south lint of said 0.53 acre tract, a distance of 172.14 #bet to a point for the southeast corner of said 0.53 acre tract, $erne being the southwest corner of Lot 4 Ebler Garden Tracts recorded in Volume 37,Page 174 of the Map Records of Nucces County,Texas;continuing along the said north right of way line of said Eden Lane,at a distance of 157.43 feet to a point for the southeast coater of said Lot 4,some being the soutbYrast corner of Lot 5 Ehler Garden Tracts recorded in Volume 31,Page 69 of the Map Records ofNueces County,Texas; in all a distance of 525.74 feet to a point on the south line of said Lot 5, for the northeast comer of the herein described street closure and utility easement; THENCE S 176 46' 21- W, a distance of 59.09 feet to the POINT OF BEGMING containing 30,887.54 square fret of land more or lees. Thisfield note description was rom*ed with my[trot supee&lon and available radar& VICTOR S.MEDINA,RPLS#3419 070820,doc August 28,2407 i lrr,3cc� tO r ul� 12-14-'07 16:28 FROM- T-430 P007/008 F-928 411 # � vis 11 a ntt lie 4W so 1 p`N � sil Ly�J44: •'o a'ac fill" 1 Q �1 { gig T 12-14-'07 16:29 FROG- T-939 P008/008 F-928 PACIFIC 4u, [IIVI0 o MARGARET Lliya `� N .� THOMAS U) 37 uj ERIN w HAMPSHIRE SAVAGEE HALL a 35 n LEOPARD 407 ol FraW G m m �0 L PROPOSED LANE STREET S.MR£ SITE MAP CoLosm gNall Eolmo ave , wc+ 05420-00� 17, 1 a as EXHIBIT C 2250 Prepared by the State Bar of Texas For use by Iawyersunty. Revised 10.85. O 19A 5 b.ft syr yu„!T'. QUITCLAIM DEEM Date: Apri1990 Grantor: Bawl R. Burden and wife, Margie J. Burden Grantor's Mailing Address(including county): 5401 Eden Lane Corpus Christi, Nueces County, TX 78408 Grantee: Javelina Company, a Texas General Partnership Grantee's Mailing Address{including county): Consideration- `?eri Ind N01100 Dollars ($10.00) and other good --anclwvaluab,le consideration. Property(including any improvements): A tract of land being 55' x 150' , more or less, out of Lot Three (3) , of the EHLERS GARDEN TRACTS in Nueces County, Texas, more particularly described by metes and bounds in Substitute Trustee's Deed dated November 6, 1962, frorn Robert. Lee Bunting, Jr. , Substitute Trustee, as Grantor, to Arthur Padilla, as Grantee, recorded in Volume 981, Pages 218 -221, Deed Records of Nueces County, Texas; together with all improvements thereon.. For the consideration Graatorquitclaims to Grantee a)I of Grantor's right,title,and interest in and to the property,to have and to hold it to Grantee.Grantee's heirs,executors,administrators,successors,or assigns forever.Neither Grantor not Grantor's heirs,executors,administrators,successors,or assigns shall have,claim,or demand any right or title to the property or any parl of it. When the context requires,singular nouns and pronouns include the plural. David R. Burden M rgi J. !;den (Ac&awkdgmeati STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of April ,19 9 0 by DAVID R. BURDEN and wife, MWIE J. BURDEN Not Public.S of Tea '� Notary's name(printcd): SNEiiy -:sq �5 Notary's commission expires: • ([.'nrpnraee ArknnwlMgrneee� rernssnl`�•• STATE OF TEXAS COUNTY OF I'hiS inS[roment was acknowledged be=fore me on the day of '19 by of a corporation•can behalf of said corporation. Notary PUblic•State of'iezas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS & BARROW 505 South slater Street 545 Klee Square Building Carpus Christi, TX 78401 L• V RELEASE OF ALI,, CLAIMS STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES That the undersigned, DAVID RAY BURDEN and wife, NSARGIE JOYCE BURDEN, of Corpus Christi, Nueces County, Texas, for and in consideration of the sum of TEN THOUSAND AND N01100 DOLLARS ($10,000.00) , in hand paid by JAVELINA COMPANY, a Texas General Partnership, receipt of which is hereby acknowledged, voluntarily and knowingly execute this release with the express intention of effecting the transfer of all of their right, title and interest in and to the property described below, and the extinguishment of all obligations, claims and causes of action of any nature whatsoever, against JAVELINA COMPANY, the partners composing said partnership, their agents, employees, contractors, successors and assigns. The undersigned, with the intention of binding themselves, their heirs, executors, administrators and assigns, do hereby convey to JAVELINA COMPANY, its successors and assigns, all of the undersigneds' right, title and interest in and to the property at 5401 Eden Lane, Corpus Christi, Nueces County, Texas, described in the Quitclaim Deed, a copy of which. is attached to and made a part of this release, and do further expressly RELEASE AND DISCHARGE, JAVELINA COMPANY, a Texas General Partnership, the partners of JAVELINA COMPANY, and their successors and assigns, from all claims, demands and causes of action which the undersigned ever had or now has or may have or which the undersigned' s heirs, executors, administrators or assigns may have or claim to have, against JAVELINA COMPANY, its partners, its successors and assigns, creating or arising out of the operations conducted by JAVELINA COMPANY, its partners, agents, servants, contractors, sub-contractors, and all persons working under them, for damages and injuries to property real or personal, and for all personal injuries to the undersigned, known or unknown, caused by or arising out of that certain construction taking place on the property of JAVELINA COMPANY, adjacent to the residence occupied by the undersigned at 5401 Eden Lane, Corpus Christi, Nueces County, Texas. DATED this 4th day of April, 1990. DavidRay �Buden �Marlei c 2 • f r STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority on this day personally appeared DAVID RAY BURDEN and wife■ MARGIE JOYCE BURDEN, who acknowledged to me that they executed the above and foregoing Release of All Claims for the purposes and considerations therein expressed and in the capacities therein stated. ,tip :;�-• Notary Public, State of Texas \dw3\pm/release.pm 3 771423 L vc;t 2297PAGE 354 WARRANTY DEET] STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, We, JUAN VELA VILLARREAL and wife, GUADALUPE VILLARREAL, and PETRA V. VIILARREAL, a widow, as Grantors, for and in consideration of the sum of Ten and NO1100 Dollars {$10. 00} and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: All of Lot Two (2) , and the West Twenty-Three Feet (W. 231) of Lot Three (3) , Block Two (2) , BEST ADDITION, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said addition recorded in Volume 1, Page 21, Map Records of Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantors do hereby bind themselves, their heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in . the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1991. EXECUTED this day of Sf- m , 1991. Q�C�V-L W" 2 - Juankyela Villarreal Guadalupe Villarreal Petra V. Villarreal, a widow Mailing Address of Grantee: Coastal Javelina, Inc. Coastal Tower Nine Greenway Plaza Houston, TX 77046-0995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of September, 1991, by JUAN VELA VILLARREAL and wife, GUADALUPE V IAARREAL 00 �... Not ry P blitat of Texas y l`�!: hlai3ry Public.51ata of Tek as ,; + !Mp Cornmi;sion Lxpires 16.12 92. e 6• vi112297PAGE 355 r � VOL 22.97PAGE 356 STATE OF TEXAS COUNTY OF NUlCES This i ru en_ t �as acknowledged before me an the �4 day of , 1991, by PETRA V. VIrL.bRRR�Lr a widow. N tary u c, to Texas My ptavisien cbd7 which Rshicts ft Ue,f"U?of uw of ttSc dascrit►sf F1FRL P&aPERTY boeamse❑!Race.Cakr, Re��Ean,Ses,tlnndi€x�,ft.ti'i21 States or?.stiR'�1 Grigbn.ss InmWand uneA, TAc*udaFECEPALL.L.M.3112M. ,,V+° 1FlRILE R. COLLIER �4� t TAffmm ���Cfry r � ; F!atary Pub ic,State of Texas .1 p.°Fp;F,'�•.. . . s •o.s` My Gammiss}nn Expires 10-12.92 f rsrcls�ckr>�T?R;�?tis i+rtrmr'1 vae f;i ExfnfrFs Hrahb� §C4fetm ar ;J.I:tcG"Id,a V r-c AAX.rhl h.O%r1 by rre,and wn 4,jly rQa:AbLifY, i1; we K;da Fund; Rc wft �'f RL4L WARRANTY DEEB FROMITY thovit wkp{lt rages in .SEP. x 7 1M FROM JUAN VErA VILLARREAL, ET AL ,� TO JAVELINA COMPANY, A TEXAS GOAL PARTNELSHIP AFTER RECORDING RETURN TO: NICOLAS, NORRIS & BARROW 505 South Water Street 545 Klee Square Building Corpus Christi, TX 78401 xt,. ode d:/ward/coastwd2.pm.ry 3 .rr-ICI s•S'.4 r1^ ^f i .°o ,00 os ,rs•on x.ef.r+r o •a � lli P o ° I � ` O N w •o A �.. ° a Ur- aw 13 ` - h t t4i ti ;oF 1 y 4!'Cf1 ]Y.Oir.11'f m� � �I�I 1. .. •66F sLo�f p612 � rr� !b7 - 017-i o 4' s D l W ti 7 4 V -4.o -7 S �+ Y•. '. b G �I I L i f i — � J t J I arf WARRANTY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT, I, CAROLINE B. HINNANT also known as CAROLYN B. HINNANT, widow of M. E. Hinnant, Deceased, as Grantor, for and in consideration of the sum of Ten and NO1100 Dollars ($10.00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto .TAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: The East Twenty-Seven Feet (E. 271) of Lot Three (3) and the: West Thirty Six and Five-Tenths Feet (W. 35. 51 ) of Lot Four (4) , Block Two (2) , BEST ADDITION, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said addition recorded in Volume 10, Page 21, Map Recards of Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind herself, her heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. VOL 2311 p4GE 55 VOL 2311 PAGE 56 This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1991, which have been prorated to this date. TNCECUTED this L day of , 1991. y Caroline B. Hinnan A/K/A Carolyn B. Hinnant Mailing Address of Grantee: Coastal Javelina, Inc. Coastal. Tower Nine Greenway Plaza Houston, TX 77046-0995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the + day of 0 CZ4-a,, , 1991, by CAROLINE B. HINNANT. ' ar `r+ r Notary Pubi c, tate of Texas ti ;ww:. ..... :r fin,. ,..yr` ;#���•.,,�. 2 r WARRANTY DEED FROM CAROLINE 8. HINNANT TO JAVELINA COMPANY, A TEXAS GEffERAL PARTNERSHIP AITER RECORDING RETURN TO: NIC©LAS, NORRIS & BARROW 505 South Water Street 545 Klee Square Building Corpus Christi, TX 78401 Ir w C7 V Any provisfem ketM trMch resWctx the Sale.ReWff m c3 the desccribod KAL PROPERTY because at Race,Cato►, �e?��iuti scx,tiar,�i�p,Fsmiiiaf 5lc^?nx ar katlara!0 1a l;rva.14 and crenfa-c-We undri FEM LAIN, _ , ..,...... ._ T",iE���.rEinFi�hcnrl►tr :frz:a h7 m,and Ji. r,t i? '4r 1'_' i; rtccrdl cf REAL CC OCT 3 1 10M :1) d: /word/coasthin.pm.ry Y cc 3 -���` ACES Cdilt4f'1.SExILS 7.. 7 v ot. 2311 PAGF 57 Iy +Zr � r11('I 1 � ry a ,00'x.P S!''CC1?N,111r.7'1 O � or j r tV It y O KS rq lkt R ° o � f i� l ,oc m. 0 ■ _° e I N h lb I N ti yr pro 0 II t f,ell • F � � n iy �+ �7 .rte"6►(' -�.PF'.dI ' "'„'.�`...�� faG b t r v h 19 c� R u 7C.3. - ' w - - W �z o n �r y ^� 06$1 2-/g0 Aj -.a � �•er' �i 128 r' -,5o 4-R I� a �� .� r3 . r J L O-r 1 7 7 O /3cJ. a ZEp44r �I.IS r rra7 S.h f r2�75 A ar � DOC# 802239 TRLLSTEE'S I)LED (131'SUBSTLTI-7E TRL'STE-E], County:NUECES Deed Date: April 7th,1992 Date of Sale: April 7th, 1992 Grantor: Jim Hovey as Substitute Trustee Grantee: .1AVELINA COMPAM, A TEXAS PARTNERSHIP CIO NICOLAS, MORRIS & BARROW, ATTORNEYS 505 S: Water Street, Suite 545 Corpus Christi, Texas 78401 Consideration: S 19,310-00 Property: THE EAST 1350F LOT FOUR (4),AND ALL OF LOT FIVE(5),BLOCK TWO(2),BEST ADDITION, A SUB1D1 VISION OF THE CITY OF CORPUS CHRISTI,TEXAS,AS SHOWN BY THE MAP OR PLAT THEREm RECORDED 1N VOLUME 10,PAGE 21,MAP RECORDS OFNUECES COUNTY,TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT PURPOSES,AND OTHERWISE KNOWN AS 5429 UNION STREET,CORPUS CHRISTI,TEXAS 7840-1409 WHEREAS,on December 8, 1980, Nicolas G.Llanes,Jr,A Baron Sole granted,sold and conveyed the property described above(thc"Property")to Jess Hay as Trustee,his/her/thea SucC::S�nrS or substitutes,in trust,to have and to hold,together with all and singular the rights and appurtenance thcrr.to ir. dny +6sc belongine to secure the payment of a note(s) pursuant to a Deed of Trust record cd s[ CI-rRK'S rl"_(yji-l5, VCILUjME 1(,7--, 1'ACilr ZbO in the Real Property Records of Nueces County,Texas to 1,vhich reference is made for.1 detailed description of the note(s) and the terms and conditions of the Deed of Trust; WHEREAS,LOMAS MORTGAGE USA,INC. as the legal owner and holder of the note(s) and beneficiary(the"Beneficiary/)under the Deed of Trust declared a default in the payment obligations of the oote(s)and Deed of Trust; WHEREAS,the declared default was not cured; WHEREAS,the Beneficiary accelerated the maturity date of the note(s)and declared all stuns secured by the Deed of Trust to be immediately due and payable; WHEREA1 ,the Bcnefici;,r} removed the original Trustee and any preliousiy appointed Substitute Trustee and appointed and retlues[cd UT-WItOr w sen•e a5 Sui stitute Trustee and sell tae prr7pertv in accordance with the Deed of Trust and apply the:pros eds of the s<G'.: tc the wdebtedaess in accordanceµitb the Dc--d of Trust; WHEREAS,IXT111--n Noticc of Accelcratioo and of Trustee's Sale was mailed to a'.l debtors obligated an the debt, filed with the County Clcri .end postal at the Courthouse door (and in rwo other public places if required)of Nueces County,Texas,at!cast Iwrn[% one dav, prior to the date of sale indicated abovc; W 4EREA5.on The dliIc of s.i,e indicated above,between the hours of 10:00 AM and 4:00 PM and within three hours of the notice t,,e...tYi:st tine:t.,f sale,Grantor proceeded to seii the property at public auction at the covered area at the Lipan Street entrance of the County Courthouse of Nueces County,'hcxas and a[ m-struck off the properly to the Grantee nama ab+n;; 'c r the consideration described aha�e,it hems;the highest 1[d; NOW,THEREFORE,by vir[ur of the authorityeonferrcd bythe Beneficiary upon C;ramor as Substitute Trustee as authorized by the Deed ul Trust. :tnrs inn the consideration described a}.o:e, C'rt:!ntor zrawu , sclfs and conveys the property, together with all and singii:ar tP n4,hts and appurtenances thereto in any vise bclonf rfe.,tu Grantee and its hairs, cx,.cutors,administrators,successors or assigns forever,to have and to hold it to Grantee,and Grantor binds Nicolas G.Llanes,Jr.A Baron Sole hisfhcr/their heirs, t,ssiKns, excCutcars, administrators and successors to warrant and forever defend all and singular the. property to(;ranl(:e.and Grantee's heirs,executors,administrators,successors and assigns insofar as is authorized by the Deed of Trust, :against every person,whomsoever lawfully claiming or to claim the same or any part thereof. �c�c�p�r;911i „ ! "IRI)F F F)- -1 rustee's Deed by Substitute Trustee Revised 1119/91 Case Number LH-A-65552 Loan Number 07-10-27541 File Number 4567-M-6746 When the context requires,singular nouns and pronouns include the plural, Jim H Sues% ULC T PSIce This instrument was acknowledged heCare me this day of April, 42 by Jim Hovey,Substitute Trustcc. Not blit K F4VFh.TRQY ARY Pl18LIC ate of Texas m.Ecy.Q2.1096 Return to7 Riddle& Brown, P.C. 1499 Bryan Street,Suite 2100 Dallas,TX 75201 aA Attn: Foreclosure Department OA Any pruris:aa herein WKIth roaw'-is the Sale.Rental Crum of tha described RUL P"PERfY h=11s9 of Roce,Calor, Relrftlr,Sex,Ffandicap,Farr.'E11 SIN I a or N 560n 11 Origin,is irnmGd and unenforceaLls under FEDERAL LAW,31121$9. STATE Of TM COISHLY OF NISECES 1 htrehylenitythat IriiInstru'vemen FILED ii?FM►lumber Smence on the data and at 1144 tfrns stnv hmcia by gx and was duly RECORDED,In the OttioW Nu he Rontrds W REAL, FROPERTY Nuaces CmiI.y,Tema on APR z 4 1992 COI t-y CLERX FILIECES COUNTI',YMS -1 LED FOR RECORD DOC F10223C 04--24---1992 Gi; 37: C1 HEL T N. E-FtIt"iPJLS' &E-CE3 COUNTY t4lC0F'�'d LIQ- Z TRDEFD -Trustee's Deed by Substitute Trustee Reused 11/19/91 Case!Number LH-465557. Loan Number 07-10-7.7541 File Numhcr 4567-ht-6746 � +,' .SC•vx h .OE'oLf .5' ^�+ � � ea � •}'► ICI V ,nE y � a fl � mow `'loo O-P o to fl y oh V N a n � 14-3 ` Z u 14 `. ' QD t x � d V � j nj �i a ti Q, CO n ra Q ti �ol t'osF Ck W o �' i ap -7 "d rl a f i �• 'rJ (Y � 0�Y9 09- \o �• r ,.(F N IN i� rrte�,, Y 'i `'� • ~ °� oar oi. q n, �-� `[J Q z ov, r �' �I Y V � - h � c� n �V 4' fby e•i�' l!'l7 •'�j 4� ti 9.57. (n � I Yu 23dl�aPaGE 254 775290/ WARRANTY DEED DATE: September 3, 1991, GRANTORS: JOB M. RAYMOND, JR. and wife, BERTHA RAYMOND GRAN'T'ORS' MAILING ADDRESS: P. 0. Box 1690 Corpus Christi, Texas 78403-1594 Nueces County GRANTEE: JAVELINA COMPANY, a Texas General Partnership GRANTEE'S MAILING ADDRESS: Nine Greenway Plaza Houston, Texas 77046 Attn: Right of Way Department Harris County CONSIDERATION: TEN AND 90/100 DOLLARS ($10.00) and other goad and valuable considerations, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Lot Six (6) , Block. Two (2) , and Lot Five (5) , Block One (1) , BEST, an addition to the City of Corpus Christi, Nueces County, Texas, recorded in Volume 10, Page 21, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: There is reserved to the Grantors for the period of time hereafter stated, the right to remove the residence and other improvements from Lot Six (6) , Block Two (2) . ".1nis option for removal shall terminate February 3 , 19,92. Failure of Grantors to remove all improvements within the specified time shall render this option null and void, and the ownership of said improvements shall revert to the Grantee, who without notice, may sell, remove and/or demolish said improvements, as Grantee deems necessary. Grantors, during the option period, shall be solely responsible for all damages, including vandalism, fire, wind, blowing rain, falling debris, or any other damage to said improvements of whatever kind and nature occurring to said property, and shall, at their sole cost and expense insure the improvements until the same are removed from said property and/or revert to Grantee, as set out herein. Grantors shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against all claims, losses and r damages to persons or property, including casts and attorney's fees, incident to or in any manner resulting from Grantors' performance of their rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole, and/or concurrent negligence of Grantors, or Grantors' agents, employees, or licensees. In the event Grantors exercise grantors' option, Granters will be solely responsible for the taxes attributable to the improvements for the year 1991. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, have granted, sold and conveyed, and by these presents do GRANT, SELL and CONVEY unto Grantee, JAVELIHA COMPANY, the property, TO HAVE AND TO HOLD the above described premises herein conveyed together with all and singular the rights and appurtenances thereto in anywise belonging unto ,Javelina Company, its successors and assigns forever; and Grantors do hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto the said Javelina Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject only to the limited right to remove improvements as set out above. IN WITNESS WHEREOF this instrument was executed at Corpus Christi, Texas as of the date above written. J04)M. aymond� -ZrrQ Bertha Raymond ` 2 VOL 2300 WE 255 r � voL 2300 PAGE 256 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of September, 1991, by JOE M. RAYMOND,, JR. and wife, BERTHA RAYMOND. Notary Publtc, State of Texas ,'G,�t�•► •`+ice,;,,.�.ig,� ��'` WARRANTY DEED FROM JOE M. RAYMOND, JR. , ET UX. TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP AFTER RECORDING RETURN TO: R NICOLAS, MORRIS & BARROW 505 South Water Street A"ProriOonkerelnwhich mfttthe Sale.Rertlxfnrase 545 Klee Square Buildingof Wdiscribedd REAL PNPOTY beam of Race,Color, RsFigion,Sex,Hat&ep,Familial Stttusor fd2t oul Dri&,is I Carpus Christi, Texas 78401 ha slid and amenlonmble ander FEDEML UW,3/12/89. (l ,A VAn OF TUM WtNM OF NL)ECES tMrebrteryf vtA1t hirs't,tuntwssrilECinFik lumber SW- on Uu dwte ar+1 et tine L'r.3a eimpid txrei�-1 by me,arrd `� wo dft REC�tlRDID. in 'he 01k,,lai Public RecOn31 of REAL V� _ Pilt>pEN'IY NVK43 CWntT 1`043 Un a: wa OCT 3 1991 J`� Xmonwd.pit.ry Li Q~•3 ��o e . p� 3 CwNlY CLERK A NUEaS CUL'HiY,lfll� ■52 2 »Sq Prepared by the State Bar of Texas for use by lawyers Only. Revised IDBS. r - O 1405 11r dm 5. N.a r,— z= RELEASE OF LIEN r• _ Date? September 3, 1991 c. °p Note Date: December 31, 1980• Original Amount: Twenty Thousand Light Hundred and NO/100 Dollars ($20,800.00) Maker: Joseph M. Raymond, Jr. and wife, Bertha Raymond payee Harry B. Ahrens and wife, Mary Agnes Ahrens Date of Maturity: December 31, 1995 Holder of Note and Lien: Mary Agnes Ahrens, Individually and as Community Survivor of the Estate of Harry E. Ahrens, Deceased Holder's Mailing Address(including county): 19422 Lazy Valley Dr. Katy, Harris County, TX 77449 Nolo and Lien Are Described in the Following Documents•Recorded in: Warranty Deed dated December 31, 1980, recorded in Volume 1765, Page 89, Deed Records, Nueces County, Texas. Deed of Trust dated December 31, 1980, recorded in Volume 1.675, Page 50, Deed of Trust Records, Nueces County, Texas. Property(incltiditig'any iritprovenientsj!obkt io Lien: Loi `Six, (6), -Block ,Two::(l) BEST ADDITION, an addition to the ,City..'of Corpus °Christi, Nueces County, Texas, according to .the;'map or,.plat.'recor�ed in Volume 10, Page 21, Map Records• af•Nueces-County`, Texas. Holder of the note acknowledges its payment and releases the property from the lien.. When the context requires,singular nouns and pronouns include the plural- VUt;' pAuE 259 2300PAG,, 260 Mary Agne Ahre., , Individually and as Community Survivor of the Estate of Harry E. Ahrens, Deceased (Ackrsawle"i t) STATEOFTEXAS COUNTY OF This instrument was acknowledged before me on the 2727Z day of September '199, by MARY AGNES AHRENS, Individuallyand as Community Survivor of the Estate of Harry E. AhrenE, Deceased. ��j,ffifJWC1' Notary Public,Starecxas Ndwy Ptb k Notary's name(primed): ]'`7�GAL 2. STATE OF TEXASI e s Rotary's commission expires: e0vow".Ew.Awl,t" (Corporate Acknowledpamu STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of '19 by of a corporation,on behalf of said corporation. Notary Public,State of Texas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURNTO: PREPARED IN THE LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 South Water Street 505 South Mater Street 545 Klee Square Building 545 Klee Square Building Corpus Christi, TX 78401 Corpus Christi, TX 7B401 Any envision kereln rrrith utricle the Sa'e,RontaS or use of rie ftvi!ed W;.!,FROFFR.TY twmear.of Rate,Color, i Re gon,5c;lSar.4:tsAiatai1id3talQrVRasm:atGripin,is �, invelld erd wientuca3C a lrrttEr FFBERJtI iAYI,311Pd891 nrATE OF T"ks rl V CDWM OF HGKS W• q tnetehfccni`;Ih;1tsS,r ry: rrtrs;=liflln.lfSf jnLW r �,s yrque�tcb on t1!CeM trC^t 1?Et:i,.. Y. rnA renin Ay nee and Ln V Mn !edl REUAVE6,:7:1 GF;,- ?0!r ltwnlr of REAL ei � L PROPOM ktevc C viv.lcc:,:n "' .� OCT 3 1991 � s o > WO� ®R)-, ccurnrc�xaK HCE�:.'i C6tiPiCY,Tt'Y!S 'er"7 77lowr.rd � Y d � � .al•os� 5E I to ,7y ov • loc.IIS c� n I n an'as ft orl A's r.rl's c — wl o k .ti a o I af � ti k ij i [ h TrI y a, u n :r LU _ I O ry� O V v I1 Ar ti 1 N n ly V r•/Ly,� ti lir y- ,YC'AP r rI ti e] r �11.�►�s.�� � ��� � add � dew r �6n1 � 1 � + r _ 1 N ` A � f i3�_fi�- � .3uj say l �G3,l8 e i C3 AJ r78 r; a-p 1_0 ',i �i 247• C-Q,tY o 'C 50 �8 _3 q 7'fAC7! O �a3p.' a �p[q CIS .rr•rFr ,s'�'2,F" DE'rL/ ^ ox Ili d-a 0t r► ►tr ' ,96•'crl '�•,NF.II ,00 O-P Si'aFr A,86rlr-r Nb � o M o� � •d C w � � 4 b a O IZ) o � d a `TO y y!u a eo � � 1. a � --- !' ; •a 1 � I V) k op fes"' i a H i ,oao-r s 'OU fif fir.N A � i n � h nJ -706 ' k o seg to �10 l► IN. � / M a , � V h 4' Iti n ��-•I.y t7� � r 1 os;. OT r a r D K , =� N o on 1'0 a 19Na� n u o,ry i v. D� C v co X Y 41 C, � + i O = I qk 10 Q ° � v •� o tJ `� 7 °' o N (00 oor h' 6 '+ V N3 LI -3 t r.2 (a � �� Dr � 7 •LC � � �f. � � Ir}• .w_. L ry 1 I WARRANTY DEED njTl-DATE: September 2—, 1993 DOC# 876740 GRANTORS: Juan C. Garza and wife, Hortencia M. Garza GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): 5425 Union Street Corpus Christi, Nueces County,Texas 78407 GRANTEE: Javelins Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY), Nine Greenway Plaza Houston, Harris County, TX 77046 ATTN: Right of Way Department CONSIDERATION: The sum of Ten and NO1100 Dollars(51().00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.. PROPERTY: Lot Seven (7), Block Two (2), BEST ADDITION, a subdivision, City of Corpus Christi, County of Nueces, State of Texas, as shown by map or plat thereof, recorded in Volume 10 at Page 21, Map Records, Nueces County, Texas. ENVIRONMENTAL WARRANTY: Grantor hereby represents and warrants to Grantee as follows: (a) That Grantor's occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the- Resource Conservation and Recovery Act of 1976 ("RCRA"),the Texas Water Code and the Texas Solid Waste Disposal Act, and this re pros entatior,and-warranty would continue to be true and correct following disclosurewtvjhe applicable, governmental authorities of all relevant facts, conditions and_circurnstances, ifs any, pertaining to the subject property. - (by Grantors agree to fully indemnify and hold Grantee harm less`fiorn-all-losses, costs and damages resulting from Grantor's breach of this expres's warranty and Grantor understands and acknowledges that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) There is reserved to the Grantors the right to remain on and occupy premises herein conveyed for a period of 60 days after execution of this deed. During the period of occupancy reserved by Grantors, Grantors shall be solely responsible for all damages,including vandalism, fire, wind, blowing rain,falling debris, or any other damage to said improvements or the property of others of whatever kind and nature occurring to said property. Grantors shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against all claims, losses and damages to persons or property, including costs and attorney's fees, incident to or in any manner resulting from Grantor's performance of their rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole and/or concurrent negligence of Grantors, or Grantor's agents, employees, or licensees. (2) Any easements,exceptions or reservations affecting this property and of public record in Nueces County, Texas, to the extent they are valid and in effect. (31 All zoning, platting and use ordinances and requirements of the City of Corpus Christi, Texas. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS, and CONVEYS to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee, its successors and assigns forever; and Grantors hereby binds themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF,this instrument was executed at Corpus Christl,Texas, as of the date above written. Pan�C. Garza Hortencia M. Garza STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on thisa,10, day of September 1993, by JUAN C. GARZA and wife, HORTENCIA M. GARZA, Notary Public, Statk of Texas � cul L*S 4 "�.-• — . c:Ipm f dQedSiparra Ipar AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 S. Water Street, Suite 545 505 S. Water Street, Suite 545 Corpus Christi, TX 78401 Corpus Christi, TX 78401 5121883-5341 512/883-6341 a _ M WARRANTY DEED FROM JUAN C. GARZA and wife, HORTENCIA M. GARZA TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP FILED F2R RECORD DOC# 8767401 $11 09--29-1.993 018: 17. 56 E:RNEST M. BRIONES NUEC ES COUNTY AccoTh�OrTbltseRswddcllresbkI U*Sal%Rertiv�e CR1ae doTttM RM PRDPM because u!Race,C*i, Sa+44lud1caR6rndWSbtnorRxkftlOti0n,is barer asld ur eslkacwflle utldc FEDERAL LAW,3!UM. STATE Of TFW coutm of Nutus IherabyeettirythatMthuine isiatwoPLEDlnFileRunW Sevuenp on The date and+I 1h time#m:ped herein by me,and was dutr RECORDED.in the O"kal Public Rnmds ai Humes Cduny,Texas an lEl 2 919$3 MUEM HUNT]'.TEXAS 4 ' f t t 1 i i s E •{ i ti� .a s�vs M J 4q� = I D ,00 OS •rens!A ir.if F I h 6 ry a � ,nE 5 LM i e l l I 4 ` � I I I t• `ry el a �rr�t o 3 h rI V a � � a v oIs V ti p ;CF lk— o u Fj 9,r nu M,or.rrr 01 PC Ap Y ■'/C! iY iN r O ■' ■ f h Y 0 ❑ Q � �d ��OFF' �� V y ZI m W F N Or m � o,� s o� I ! l 1-9 4 rn 1 'W a� ❑ !� 06 ❑ 'ZI e cil 101 v" Fn n 7 4 a 0q) r ol (14 ! 4 /V3� s. 01 i J WARRMTY DEED DATE: December 31, 1992 DOiC# 841742 GRANTORS: Esther Pauline Pineda, a widow (sometime erroneously called "Anther Pouline Pineda) GRANTORS' MAILING ADDRESS (INCLUDING COUNTY) : 4501 Hamlin Corpus Christi, Nueces County, TX 78411 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY) : Nine Greenway Plaza Houston, Harris County, TX 77045 ATTN: Right of Way Department CONSIDERATION: The sum of Ten and NO/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Lot Eight (8) , Block Two (2) , BEST ADDITION as shown by map or plat recorded in Volume 10 at Page 21, Map Records of Nueces County, Texas ENVIRONMENTAL WARRANTY: Grantor hereby represents and warrants to Grantee as follows: (a) that Grantor's occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof) have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") , the Resource Conservation and Recovery Act of 1975 (RCRA") , the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts, conditions and circumstances, if any, pertaining to the subject property. (b) Grantor agrees to fully indemnify and hold Grantee harmless from all losses, costs and damages resulting from Grantor's breach of this express warranty and Grantor understands and acknowledges that without this express warranty Grantee would not consummate this transaction. RESERVATIONS FROM AND EXCEPTIONS To CONVEYANCE AND WARRANTY: (1) There is reserved to Grantor the right to remove all improvements from the premises herein conveyed. This right of removal shall terminate ninety (90) days from the date of this deed. Failure to remove all improvements within the special ed time shall terminate such right reserved by Grantor and tie ownership of the improvements shall pass to the Grantee, o without notice, may sell, remove and/or demolish that improvements as Grantee deems necessary. During the ninety (90) days reserved by Grantor for the removal of said improvements, Grantor shall be solely responsible for all damages, .including vandalism, fire, wind, blowing rain, falling debris, or any other damage to said improvements or the property of others of whatever kind and nature occurring to said property. Grantor shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against all claims, losses and damages to persons or property, including costs and attorney's fees, incident to or in any manner resulting from Grantor' performance of her rights, duties and obligations under this Warranty Deed, and caused by the willful acts, or sole and/or concurrent negligence of Grantor, or Grantor's agents, employees, or licensees. Grantor further covenants and agrees that she will comply with all municipal ordinances of the city of Corpus Christi, including environmental permits and requirements, and shall secure any required moving or demolition permits. In connection with Grantor's possession of the improvements, Grantor agrees that until the earlier of ninety (90) days from the date hereof, or such time as the improvements are removed from the property, Grantor shall keep in full force a liability insurance policy in the amount of $100,000.00 per person, $300,000.00 per incident and $50,000.00 property damages, and said policy naming Grantee as additional insured. (2) Any easements, exceptions or reservations affecting this property and of public record in Nueces County, Texas, to the extent they are valid and in effect. (3) All zoning, platting and use ordinances and requirements of the City of Corpus Christi, Texas. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANTS, SELLS, and CONVEYS to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantor hereby binds herself, her heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. IN WITNESS WHEREOF, this instrument was executed at Corpus Christi, Texas, as of the date above written. Esther Pauline P neda STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of February, 1993, by ESTBER PAULINE PINEDA. Notary Public, State bf T&Xatr•rC p, -7 a AFTER RECORDING PREPARED IN THE .,.�1��.�'4 . RETURN TOS LAW OFFICE OFt „,.:. . VICOLAS, MORRIS & BARROW NICOLAS, MORRIS 6 BARROW 505 S. Water St. , Ste. 545 505 S. Water St. , Ste.545 Corpus Christi, TX 78401 Corpus Christi, TX 78401 512/883-6341 512/883-6341 2 WARRANTY DEED FROM ESTHER PAULINE PINEDA TO JAVELINA COMPANY, A TERAS [GENERAL PARTNERSHIP 4 r�RECORD : 5-1 3©4: -2E4: NEST M. BRIOS4S NU NEST COUNTY Am ^ """"o rasbiatl t�e5�ld error n!e 01 Ces des AW REAL PROKM ber�Rse a1 RaC&Calor. gq,Hagiml mal UramOfMRAL li�lllM�31r1 � =ad NIIOI =o 1 STATE Of TEOZ cougY OF Nl1ECE5 Iheren}c0INf halihisimtlaasesdrs2F1 oi���bX $6puen%on lbs dote and el She ume*rn*R was duly 9F:CORu0.In Ihs O(kb[PubHC RecaCf of Hu",CouhtY,TExis on FEB 5 1853 4cmt,,'TV W�RdKl■ PM/my c:1Pm\javelina\pineda.034 3 DOC# 841743 AF'FFpAVIT C7F FC3EIelTFTR' STATE OF TEXAS § COUNTY OF NUECES § Esd*r Pauline Garza, of lawful age, and being; first duly sworn, upon her, oath disposes and says: That her name is F-sthe.r Pauline Garza, that she was formerly known as Esther Pauline Pineda, that she is presently 45 year= of age, and is now and has been over her lifetime thoroughly and intimately acquainted with Esther Pauline Pineda, her mother, a current resident of Nueces County, Texas.. That she is familiar with the land situated in Nueces County, Texas, described as follows: Lot Eight (8), Block Two (2), BEST ADDITION, a subdivision,, City of Corpus Christi,. County of Nueces, State of Texas as shown by the map or plat thereof, recorded in Volume 16 at Page 21, Map records, Nueces County, Texas. That Esther Pauline Pineda, now or formerly the owner of or having interest in the above described lands in one and the same person as Asther Poulin Pindea. That affiant is informed that the name of the person hereinabove mentioned appears in the records of said county relating to the above described lands a follows: As_ Asther Pauline Pineda,in that certain instrument recorded in Volume 891 at Page 412 ,Deed Records, Nueces County, Texas; T As Asther Pauline Pineda, in that certain instrument recorded in Volume 213 _ at Page 496 Oil and Cas Records, Nueces County, Texas; w T Further affiant sayeth not. Esther Pauline Garza, Affiani 4027 Brenner Ct. Sugarland, Texas 77478 r' Subscribed and sworn to before me thislL day of December 1992, 1, gx6jFlAdit OS TBYab i r my can r•=A' Notary P blic for State of Texas BRIDGgET F DUPLECRATN Ae11 ��� tb�tsu�se�a Ra�a�°I�°'r • ,�,•I STATE OF TEXAS t• 41N WL K sm HrndiuRi< �fS°f uW8 171df! diad'W&WW COUNTY OF NUECE5 § This instrument was acknowledged before me by Esther Paulin^ C;arza on L&day of December, 1992. Notary Public for Stafe of Texas N ICtlrf 6s rldrrl�, $ r5lg� .�'•� BRIDG�,T F DI7PLEC�IAIN My commissslon expires: (print or type nam l yL1•LL•CNAfN Ndery ` h1y Catr'm�rn Fx�� FILED FOR RECORD STAFB 6F Tuts AOU 8341743 $6 MURTT or Nutces Q2-i35-1993 Q4:24'4(1heAaarcrrttymrrmaisarv�ertrartlELkaFzaNus AEA''RNESSCTT H�.y��BFRI�4HE�;`��rr n€G ROFi',�ft ° amara NUECES CbUNTi pweteS Caanlr.fexet un of �WnOCILI FEB 5 1983 L r c3u)lrr CURK Nutct.s t; UNTr,tt]IA4 y . AF=P i"^y 1r C31- 1-iEIR5HIP STATE OF TEXAS § DOC* $41744 COUNTY OF NUECES § BEFORE M£, the undersigned authority, on this day personally appeared Esther Pauline Pineda Garza, known to me 10 be a credible person above the age of 21 years, who by me being duly sworn, deposes and says, to-wit: That her name is Esther Pauline Pineda Garza , that she was formerly known as Esther Pauline Pineda, that she is presently _45 years old and that she is now and has been over her lifetime thoroughly and intimately acquainted Leith ^h:a n•.,rrilal history and heirship of her father, Pablo Pineda, Deceased, and that she makes the folluw!r; -(,rr.,rzents from her own personal knowledge. That the decedent was married one tirn,� and one time only to Esther Pauline Pineda on or about the year 1947. To this marriage was born the following named children and only the following name chitdren and no other children were ever raised, claimed and/or adopted by Pablo Pineda and Esther Pauline Pineda. Esther Pauline Pineda Garza, a daughter, whom currently resides at 41727 Brenner Ct., Sugarland, Texas 77478 and; Pablo Pineda, Jr, a/k/a Paul Pineda, Jr, a son, whom currently resides at 517 Dixon, Corpus Christi, Texas 78408 That Pablo Pineda died on or about April 1U, 1965 survived by his wife, Esther Pauline Pineda and the above named children, all of whom are currently living and above legal age. That to the best of affiant's knowledge decedent died intestate and there were no unpaid debts or obligations due by decedent at the the time of his death. No administration proceedings of any type have been had on decedent's estate, as none were necessary. Further affiant,sayelh not. Esther Pauline Pineda Garza 4027 Brenner Ct. Sugarland, Texas 77,4478 Subscribed and sworn to before me this the /A day of 1992. My commi<siun expir�r .- 1,4dr; i'uhlir for Sial of P-d?i X'Li E, I)LITLECiLtIi1 ,.•r.or type name) -. rsr.v 6Fllt7C�:'i f,�J?EECHA[N 9 Hoary Pub .Santa or Texn a r• iAAFC:? 25.1898 STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me by Esther Pauline Pineda Carza on this the'//6, day of �k�L) , 1992. ptSPLECt�Alti hlotary Public, For State of Texas Stara at Texe, NEE Evheas 25.iW6 BRIDGFT F Di1 PELMA N h [ Iprint or type newel L,54"/3 �Ii pfGS� ftlOrrk'5r )4ri—OU) Q[3 �84 744 ECO RD T-1993 04: 24: 47 h1UEOES M. BRI ONES COUNTY Ao>r prorlsion hCreln ahieA risLrk4 tA�r Sate,RBrtsl ar IfSR d the descrIM4 REAL FROMTV tx wse a!Rasa Catae, Raby�'a1.11'u HQAdlCa FamdvJStatusorMaSM190F '0.b laaa�d a 4 ntlaatforceaEte Il!der fEDERAL LAW.3/12194. STATE OF YEW Ci1d W OF AILIECES _ l h-by eetlllY Lhat thB iastrl mectaaf FlLELL 6t flle FhanUenr Seauenre oe the date and at b,lime U po Ircteln by n 2M was duly RECORDED,fir Lhe f1>iEtLW Pt W,Rawrds W Nueiea C-Aty.Texas un 5 1993 .4".A44-"—) WUNTY CLERK MUMS DOUMTY.Tam a I c� 4 I A � I M M'.YA'W IJO. S .SO.OQ• lI'lp'W. mrd.{6 N a c li 4 3a O 4 # Ll n 1 � 0 n a 4 Zll 10 V M1 p o / 4 I I � o � � 1 o Jo e N o 4 S 1! JB'iK I]a..ts' Sa 00' a f r,. a 30+'...Iia.-rr' f L 1 JI.I4` A.v. n,• 4 Sd.A6' 4 I .3p' — Pr,�ar1 ca„ es l �� 6 6 CID cy ti '� C �C •Y w- � �V� �N � v Y V �A ��` �y • � V�� � i A 4 a b bin irc h � ., r `•�' 0 Irl, c ti I r esy y� ❑ w 110 y,� r• SO 7,a7 'fii •' �' v � � �c 6 soAj l 1 All flu v ru ! ' 1//• i39/a 28 - -- - - I� DOC# 8232M0 WARRANTY DEED STATE OF TEXAS * KNOW ALL MFN BY THESE PRESENTS: COUNTY OF NUECES THAT 1, BERTHA DR LA CRUZ f/k/a Bertha Benes, joined herein by my husband, FELIPE DE IA CRUZ, of the County of Nueces and State of Texas for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JA.VSLINA COMPANY, A GENWFAL PARTNERSHIP, of the County of Nueces and State of Texas, all of the following described real property in Nueces County, Texas, to-wit: Lot Nine (9) , Block Two (2) , BEST ADDITION, a Subdivision of the City of Corpus Christi, Texas, as shown by map or plat thereof, recorded in Volume 10, Page 21, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said grantee, its successors and assigns forever; and we do hereby bind ourselves, our heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: Any and all restrictions, covenants, conditions, rights-of-way, mineral reservations, mineral leases and easements, if any, relating to the hereinabove described property, but only to the extent they are still in effect shown of record in the hereinabove mentioned County and State, and to all zoning laws, regulations and ordinances of municipal and/or other governmental authorities, if any, but only to the extent that they are still -in effect, relating to the hereinabove described property. � I. The payment of taxes for the year 1992 is hereby assumed by Grantee. Felipe De La Cruz is joining in this document only to convey his homestead interest, if any. Felipe De La Cruz doer not assert any other ownership rights in the property and expressly recognizes that this property is the sale and separate property of Bertha De La Cruz. EXECUTED on this day of 1992. a De La Cruz Felipe De Ea Crux Mailing Address of Grantee: Name: Javelina Company Address: e"%1) STATE OF 'TEXAS COUNTY OF NUECES mh in>strume t was acknowledged before me on this day of 1992, by BERTBA E LA CIRUZ. tier rl� CAROLE R.HILDEBRAN n•A`i� too ary Fubl c, State of Texas Notary Public STATE OF TEXAS MI Comm.Exp.Oct 5.1993 STATE OF TEXAS COUNTY OF NUECES Th ins tome t was acknowledged before me on this le -' day o 1992, by FELIPE DE JA CRUZ. If 01"W"""'I. CAROLE R.HILDFORAN No ary Publ c, State of Texas STATE OF iEAAS T+11Caron.Eaa.Oct 5.1993 AFTER RECORDING RETURN TO: SAN JACINTO TITLE COMPANY 5926 South Staples Corpus Christi, Texas 78413 Gf No. 92-09-108—LH WARRANTY [TEED FROM BERTHA DE LA CRUZ AND HUSBAND, FELIPE DE LA CRUZ TO JAVELINA COMPANY, A GENERAL PARTNERSHIP d:\wd\delacruz.wd A4'j Wm kmb ww m*els the&kRanhi,w w 11 ft 61ROW REAL PRW RTY bxawa o!Reek Cake, W W Y+et�r�mmW under fU RAL W,311171$9: 57AT E OF TDW G9UHiY OF%ceStfi4lftmmwm@�rfYFllkf�l I hereb y +�TrtlY Septxac6 n+iha drte+nd N Ntt WAD mrp�d bads bf re.+� wit duly RECORDER.in Dr QrF'C d PVW Re[ur�d swm onnly.Taxes W SEP 2 2 1962 r.g tl r y a .. — COUNTY CRI[ A 4 JAG J-6 l i i F'.'i".,di h. t r' m. NVECES CGUfliI,IfYAB FILED FOR RECORD DOC# 823210 $9 09---22-1992 09: 32: 41 ERNEST M. 4tr1ES NUECES COUNTY .f'r-■�.r 3".S'orf.00.L/ .j � �: .tet•p,.. 7[ I ` A fl� � i a ,CrO�aS ji'orr Af,vF.dd s' � q � � I � I � o � i a I o hoz n h to � ry°I t•�� o Lk, ti y 1-3 � f � c I ;OE V II � rti7C' o I R D � C � y a N yt'vrr A,j?r.rl'S �_Jlf • R n d d V Of h9 d e w Q J � s a N 10 �� w y i `tip T - -: ' ' F a SZE I► �( -y f J lh o S J] a('� 1 0 5. v �❑ v� mob,s� �1 r n� �✓ � V LM 4. , r 1 of ;I g C-31 o VI ry Llr•yyr • /(.3(7 3 aor `U 9.p I +9" "} 779895 WARRANTY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY ❑F NUECES THAT, We, TOMAS G. GARCIA and wife, NORBERTA L. GARCIA, as Grantors, for and in consideration of the sum of Ten and NO/100 Dollars ($10. 00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to--wit: Lots Ten (10) and Eleven (11) , Block Two. (2) , BEST ADDITION, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said addition recorded in Volume 10, Page 21, Map Records of Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and i assigns forever; and Grantors do hereby bind themselves, their heirs, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. v a i 2314 ROE 305 o� 23MME 30b This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the Office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1991, which have been prorated to this date. $XECUTE© this 6th day of November, 1991. Tomas G. Carcik Norberto L. Garcia Mailing Address of Grantee: Coastal Javelina, Inc.. Coastal Tower Nine Greenway Plaza Houston, TX 77046-0995 STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of November, 1991, by TOMAS G. GARCIA and wife, NORSERTA L. GARC A.��%{1jj111„r,,, !, as �'�{A ♦ � No cry Pu ic, State of Texas WARRANTY DEED FROM TOMAS G. GARCIA AND WIFE, NORHERTA L. GARCIA TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP AFTER RECORDING M!'prarts)art hare!n p�hlch n�irb the Sale,ReAtrforam RETURN TO: at the deScr�Rc`Ci! F�PLidfy C�caasa ai Rack Solar, NICOLAS, MORRIS & BARROW ilte^.;dcsdar„<:a,x.hh ut�da;FEF+.'i7k:iAW.afl�l89. 505 South Water Street SFpTEBriEkA; 545 Klee Square Building Wmias Corpus Christi, TX 7840 lhaxPuy,er';ta3tlni�irsrarne�#�aatEGIeF,�Hw:�er wa veace on�Sis ua'a a"d 611110 bac 9 w--!d hwein Gy me,aM +vgj truly RECORDED. in t�" vas+w j'uiW ROmb of RF, PhOi'RTY kua+w�Caunry,i axes an NOY 61991 -� C"Ty CURN NVEMS mm.=a9 �0 rn d :/word/coastgar.pm.ry 2% c') -72 z ::0o 3 h VOL 2314 PAGE 307 4 ti •� 'rte o � V 00 OS' S►'pCl)K,9F.1!"f � O O � y k k + ti til�u b O 10 IT Q, O(N wI o D Is i 1.5 v + kzk i a pr ars «.Fr.li r tol ,pG p.f —YT Dfl•A.vr.it 1 1W b f I N � 13J }.b ; 13 3o.vs 263.16 to 0681- f 7 7 7- a ti 0 50 4 0 f_ .4�3Q. 7' Q - - - - hl JL i y M ww R n()e CIS 1 . - ' ��• o .moo- �� �E.P(gr I yloi 1.0 I; � IZT 7,5 � . 4 V ,gyp OS' ,If'PF/:1f.fP5 3' _ o t ar f A 3 l ° y h I U I tl J ry rr� �,II � h �•c i� t.�/ u� N 5 qv + LU � I T i `tlf° b ti it o f ' ° a 9f•ori �r-Vr.11'l �� "'0 os r -or. 5,or.it ' .ry iv v � _ rr ar f a E3 P Y3540 5 �L d 3o.ys ?C.J, F y a 0681_2� 4 d Aj i 4 '5 , C-S � 9 � 's Doc# 7 7381 WARRANTY DEED DATE: Cr'to-Ak GRANTORS: Willis dean Coon, acting by Randall Earl Coon, Attorney-in-Fact Randall Earl Coon, Individuaiiy Robert D, Coon Peggy Lee Matlock Joni Mae Crowdis Lori D. Baldwin Grantors are the surviving husband and children? of Bonnie Marie Coon, deceased. The property herein conveyed is the separate property of each Grantor, and is not part of any Grantor's homestead. GRANTORS' MAILING ADDRESS (INCLUDING COUNTY): c/o Randall Earl Coon 7505 Timber Ridge Court Fort Worth, Tarrant County,Texas 75179 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE'S MAILING ADDRESS (INCLUDING COUNTY): Nine Greenway Plaza Houston, Harris County,TX 77046 ATTN: Right of Way Department CONSIDERATION: The sum of Ten and NO/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged. PROPERTY: "5401 & 5405 Union Street, Corpus Chrlstl, Texas, described as Lots Twelve(12)and Thirteen 113), block 2,BEST Addition to City of Corpus Christi, in Nueces County,Texas,as shown by map in Volume 10, Page 21, Map Records of Nueces County, Texas." ENVIRONMENTAL WARRANTY: Grantors hereby represent and warrant to Grantee as follows: (a) that Grantors' occupancy, operation and use of the property (including the buildings, improvements, fixtures and equipment forming a part thereof have not violated any applicable laws pertaining to health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"), the Resource Conservation and Recovery Act of 1976 (RCRA"), the Texas Water Code and the Texas Solid Waste Disposal Act, and this representation and warranty would continue to be true and correct following disclosure to the applicable governmental authorities of all relevant facts,conditlons and circumstances, if any, pertaining to the subject property. (b) Grantors agree to fully indemnify and hold Grantee harmless from all losses, costs and damages resulting from Grantors' breach of this express warranty and Grantors understand and acknowledge that without this express warranty Grantee would not consummate this transaction. 3151, - 0,A� - -- q -7�2Al RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: (1) the restrictive covenants appearing In Volume 333 at Page 156 of the Deed Records of Nueces County,Texas. (21 Mineral Reservation In dead dated June 7, 1978. Recorded) in Volume 1589, Page 972, Deed Records of Nueces County,Texas,from Ruth Jones as Grantor to Willis D. Coon and wife Bonnie M. Coon as Grantee. (3) Oil and Gas Lease from Willis D. Coon to Welton E, Cox, dated August 17, 1977 and recorded in Volume 324 at Page 58 of the Cit and Gas Records of Nueces County,Texas, to the extent that such lease Is still valld and In force. All rights of Lessors are specifically conveyed to the Grantee herein. (4) Oil and Gas Lease from Willis D. Coon and wife Bonnie M. Coon to SOMCO dated October 29, 1984 and recorded in Volume 388 at Page 517 Corp.of the Ail and Gas Records of Nueces County,Texas,to the extent that such lease Is still valid and in force. All rights of Lessors are specifically conveyed to the Grantee herein. (5) Five foot(5') utility easement across the rear of Lots twelve 1121 and thirteen (13) of Block 2, BEST Addition, and a thirty foot (30') building line along the front of said lot,all as shown by map of record in Volume 10 at Page 21 of the Map Records of Nueces County,Texas. (6) Any other easements, exceptions or reservations affecting these lands and of public record In Nueces County, Texas, to the extent they are valid and In effect. (7) All zoning, platting and use ordinances and requirements of the City of Corpus Christi, Texas. (8) Ad valorem taxes for 1992 and subsequent years which are assumed by Grantee. Grantors, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT,SELL,and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging unto Grantee,its successors and assigns forever;and Grantors hereby bind themselves, their heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. 2 This deed may be executed In counterparts,each of which shall constitute an original. EXECUTED as of February Cpi 992. WILLIS DEAN COON s by: AdVi Coon. Attorney-ln-Fac andall Earl Coon, Individually Robert D. Coon Peggy Lee Matlock Joni Mae Crowdis Lori D. Baldwin STATE OF TEXAS COUNTY OFTARRANT § r THIS INST UMENT WAS ACKNOWLEDGED BEFORE ME on this day 1992, by RANDALL EARL COON as Attorney-In-Fact for WILLIS DEAN COON. Jj ,:tib=i�, •;�: tf�"-':;:�.= otary Public, State of 7egas 'OF'TARRANT § THIS INST UM ENT WAS ACKNOWLEDGED BEFORE ME on this UC day 1992, by RANDALL EARL CO N.in n s Individual apaclty. Diary Public, State pf To 8 1t1ECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by PEGGY LEE MATLOCK. Notary Public, State of Texas 3 r This deed may be executed in counterparts, each of which shall constitute an original. EXECUTFO as of February_, 1992. WILLIS DEAN COON by: Randy Earl Coon, Atto y-In-Fact Randall Earl Coon, Individually Robert ooh Peggy Lee Matlock Joni Mae Crowdis Lori D. Baldwin STATE OF TEXAS § § COUNTY OFTARRANT THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by RANDALL EARL COON as Attorney-in-Fact for WILLIS DEAN COON. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of . 1992, by RAN DALL EARL COON, In his individual capacity. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by PEGGY LEE MATLOCK. Notary Public, State of Texas STATE OF TEXAS § § COUNTS' OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of A 1992, by ROBERT d. COON. MARY ANN PARKER Notary Public State of Teras Notary P blic, ata of Texas `'� `• My Coma Exp. 7-18"5 STATE OF TEXAS § § COUNTY OF § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by JONI MAECROWDS. Notary Public, State of Texas STATE OF TEXAS COUNTY OF § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by LORI D. BALDWIN, Notary Public, State of Texas AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 505 S. Water St., Ste. 545 505 S. Water St., Ste.545 Corpus Christi, TX 78401 Carpus Christi, TX 78401 5121883-6341 5121883-8341 This deed may be executed in counterparts, each of which shah constitute an originai. EXECUTED as of February____, 1992. WILLIS DEAN COON by: Randy Earl Coon, Attorney-in-Fact Ran It Earl Coo , Individually Lb Robert D. Coon Peg gyUer Matlock Joni Mae Crowdis Lori D. Baldwin STATE OF TEXAS § 4 COUNTY OF TARRANT 4 THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by RANDALL EARL COON as Attorney-in-Fact for WILLIS DEAN COON. Notary Public, State of Texas STATE OF TEXAS § 3 COUNTY OF TARRANT § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by RANDALL EARL COON,In his Individual capacity. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by PEGGY LEE MATLOCK. k i .......... z!.... otary Pu ic,Mate of Texas ii... This deed may be executed in counterparts,each of which shalt constitute an original. EXECUTED as of February—, 1992. WILLIS DEAN COON by: Randy Earl Coon, Attorney-in-Fact Randall Eari Coon, Individually Robert D. Coors Peg y Lee Matlock ni Mae Crowdis Lor D. Baldwin STATE OF TEXAS § COUNTY OF TARRANT § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by RANDALL EARL GOON as Attorney-In-Fact for WILLIS DEAN COON. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by RANDALL EARL COON. In his Individual capacity. Notary Public, State of Texas STATE OF TEXAS § § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by PEGGY LEE MATLOCK. Notary Public, State of Texas STATE OF TEXAS 4 § COUNTY OF NUECES § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this day of 1992, by ROBERT D. COOT. Notary Public, State of Texas STATE OF TEXAS 4 COUNTY OF-TgggAh!"C" THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this y'dmy, ,:�ti•: of_ l''IA,ec.0 1992, by JrONI 9=9kJAW10. �� = �r•'' i'3�3'� 14 Nora Public, State xis y.'••�; STATE OF TEXAS § COUNTY OF—gr�'T' § THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME on this of tiAZO-0 1992, by LORI D. BALDWIN. Nottti�tt ary Fublro`Ha ®KA _�� AFTER RECORDING PREPARED IN THE RETURN TO: LAW OFFICE OF: NICOLAS, MORRIS & BARROW NICOLAS, MORRIS & BARROW 5015 S. Water St., Ste. 545 505 S. Water St., Ste.545 Corpus Christi, TX 78401 Corpus Christi, TX 784011 512/883-6341 51218x33-834 T - 4 - WARRANTY DEED FROM WILLIS DEAN COON, ET AL TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP EAWP5 I TMWAVEDEED A.mb Filed for Racard 03-23-199. 11 : 16: ❑1 Doc# 797381 21 r ❑O NUECES Count-A+ TX MWX n s =.wtw6wow flmm LAW.w1va st tf OF Tour 1 Q� �� �n«.tr�crr5�ausaY►1 .rAlEal�f mmw c3a �FMIAD. ,w.,o�w�a.�r qua MAR z 9 1992 mwmcm s cx,�am.Tf�At 'Xi a V I ,7i Ol f-l"Or ear y N o ti I � y � a i I � I 4i 40 V I . a ;or ti � a I ti C b u a ,oaoS s ort ,k,rr.1� 1 r � n 7y ra r SI'IL'/ w ' r .2W ^� i3 0 �n � �3 .� sds l '63.18 06 B/_ ' ? 7-/ D Aj Div 5� 4 RI p uej h 'L h r�ALTI rc m 3 �3� S$ , 4s } 4B ! i O lbfS%7 &YdJU C) ijW oialM �. /3 0 11 c3o.ys 4 f f a f 10 I r � ©681_2_�4a 1 toll, 0 �y 7-1 O N 63 AC ,ofR Ca 19 '! r 28 r.i -50 cow Gq�Q , h 7-t-4crrCIS nV .Y 1 Ar„ .r, Dugs 7T51A- JW3FV x nALvx x oV STATE OF TEXAS § COUNTY OF NIECES 5 BEFORE M6, the undersigned authority, on this day personally appeared Peggy Lee Matlock known to me to be a credible person above the age of 21 years, who by me being duly sworn, deposes and says, to-wit, That her name is Peggy Lee Matlock, that she is presently 42 years old and that she is now and has been over her lifetime thoroughly and intimately acquainted with the marital history and heirship of her mother Bonnie M. Coon, Deceased, and that she makes the following statements from her own personal knowledge. That the decedent was married one time and one time only to Willis D. Coon on or about the year 1949. To this marriage was born the following named children and only the following name children and no other children were ever raised, claimed and/or adopted by Willis D_ Goon and Bonnie M. Coon: Peggy Lee Matlock, nee Coon, daughter• • Robert A. Coon, son Randall Earl Coon, son Joni Mae Crowdia, nee Coon,, daughter Lori D. Baldwin, 'rtee Coon,,„r ughter That Bonnie M. Coon, died on or about Jdn[teit 1987 survived by her husband Willis D. Coon and toe above named children, all of whom are currently living and above legal age. ti That to the best of affJant,s knowled de` dent died intestate r� and there were no unpaid debts or oblg4tiorkj: p* by decedent at the the time of her death. No admf,hlstratian pr c . - 'Ings of any type have been had on decedent's estate, as none were necessary. Further affiant sayeth not. Peggy Lee Matlock 5405 Union Street - Corpus Christi, Texas 78407 1992,Subscribed and sworn to before me this the2ythday of February , My commission expires: j �.2 Notary Pukaic for Statedf Texas 70F?ACY M,REYNA + * 1(7 PuhNC. STATE OF TEXAS S ¢W T�. UP,Axe.5,1995 COUNTY OF Ni7ECES S This instrument was acknowledged before me by Pe Lee Matlock on this the 27th day of Februo-W, 1992. C L Not Sr}r Pgblic for Sta of Texas Oracy M. Rayna My commisssion expires: '-�.�.[� ity-oz'typa _ _- . -- -- •�/�/$'1- fop ��- �i �s�� 31SI' y;)-- FI'Le_ dAr6 �F1=�vAu+' � ��1��'rz��, A. ��rz .*�vj A171 Qf CvAl sP rv.(a�—�^t a4, &,/ 7� M p p� re�i¢�lAe Sala f1gW�ne elllr Easflra�+RS�a�M��DrY 6r�ar r�us �t�Watrw�ew+�F�IDw 1#e lwvuo*r yAR 5 i942 Filad for Ricard Q3-Q5-iq4� iD.37;�E, DocR 795"rtu4 i U-00 WECES Counts~ 7X r >DOCH 1998OP0296 WARRANTY DEED Effective Date: May 13, 1998 Grantor: VELMA AILEEN POLLOCK, a single person Grantor's Mailing Address (Including County): 624 Meadowbrook Drive Corpus Christi, Nueces County, Texas 78412 Grantee: COASTAL JAVELINA, INC. Grantee's Mailing Address (Including County): Coastal Tower Nine Greenway Plaza Houston, Harris County, Texas 77046-0995 Consideration: Ten and No1100 Dollars and other good and valuable consideration Property (Including Any Improvements): One (1) acre of land, more or less, in Nueces County, Texas, out of Lot Three (3), EHLERS GARDEN LOTS located about three miles West of Corpus Christi, on Lawrence Lane, said tract being out of the N.W. portion of 21.78 acres known as the Ehlers Tract, which is a portion of the 100 acres known as the Matthew or John Dunn Tract, which is a portion of the Villarreal Grant, Abstract /Il,and being described by metes and bounds as follows: BEGINNING at a point S 17 degree 30' W 802.5' from the South line of Up River Road on the E. side of a 40 foot road known as Lawrence Lane, for the Northwesterly and beginning corner of this tract; THENCE S 86 degree 12' E 330' to a point in the Easterly boundary line of a tract of land conveyed by Claude Eden and wife, to Sherman Eden by deed dated Manch 24, 1943, and recorded in Vol. 288, Page 93 of the deed records of Nueces County, Texas, for the Northeasterly corner of this tract; THENCE South 17 degree 30' West and along the Easterly boundary line of the one acre tract conveyed by Claude Eden and wife to Sherman Eden above referred to, 134 feet to the Southeast corner of said tract for the Southeasterly corner of this tract; THENCE N. 86 degree 12' West 330' to a point on the Easterly boundary line of Lawrence Lane the Southwest corner of a tract of one (1) acre conveyed by Claude Eden and wife, to Sherman Eden by deed dated September 20, 1940, recorded in Vol. 261, Page 260, Deed Records of Nueces County,Texas, for the Southwest corner of this tract;THENCE N. 17 degree 30' E. with the East line of Lawrence Lane, 132 feet to the place of beginning, containing one (1) acre of land, more or less, subject to that portion of said property along the South side used for road purposes, being the same land conveyed to Grantor by Warranty Deed dated April 24, 1964, from Robert L, Webb and Ruby Lee Webb recorded in Volume 1041, pp. 106107, Deed Records of Nueces County, Texas; SAVE AND EXCEP that portion platted as "Lot 4, E1 LERS GARDEN TRACTS", filed for record in Volume 37, Page 124, Map Records of Nueces County, Texas. Reservation from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: 1) Any and all restrictions, covenants, conditions, rights-of-way, mineral reservations, mineral ]eases and easements, if any, relating to the Property, but only to the extent they are still in effect and shown of record; 2) All zoning laws, regulations and ordinances of municipal andfor other governmental authorities, if any, but only to the extent that they relate to the Property and are still in effect; and 3) Taxes for the year 1998. and all subsequent years. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantce the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. i� VELMA AILEEN POLLOCK THE STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this 14Y�day of , 1998, by 'VELMA AILEEN POLLOCK. STEPHANIE L.9ARRIEVE.S 4 f Nauq pot,smis of texas My C"W40e"EVpw Nota ublic, State of Texas DEC.2,2600 Notary Public, RECORDING RETURN TO: PREPARED IN THE LAW OF'F'ICE OF: Pat Morris Pat Morris NICOLAS, MORRIS, GILBREATH NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. & SMITH, L.L.P. 5926 S. Staples, Suite A-2 5926 S. Staples, Suite A-2 Corpus Christi, Texas 78413 Corpus Christi, Texas 78413 QS 14W ACOA STJA Vl POLLOC-Y.W D 4lg WARRANTY DEED FROM .l:.•;t ci,-�_ ..,. VENA AILEEN POLLOCK r. TO COASTAL JAVELINA, INC. pRt<t&ff n fieteta Nhkh ru" tts ffier 0'or u:e oT a desar ' REAL MPEM because at Rat4 C*r, "I Sex Hattdzap Famitlalswworketbnnl b IvniW a rme o<orecihte under H0ERA I IAw,3r &4 STATE OF TWS COUNTY OF MUM I hereby teTWY that me i hstnrment yes fRED in File kumbe Sequence on the We a n d v The 1 no sta m ped herein try M&np tray duly RECARO%in Ve 0111c'.1 Public Retard&d M1laecex County,tcn$ 040�� � NUECESCOUNTY,iEEA,S Doc# 1996020296 # Pages; 3 Date a 05-14-1948 Time 03:54:3.0 P.M. Filed & Recorded in Official Records of NUECES CountTK. ERNEST M. RRfONA COUNTY CLERK Ree. $ 13.00 C, ,i 7`9454 WARRANTY DEED STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT we, CONGREGATION OF JEHOVAH fS. WITNESSES, HILLCREST ❑HIT, CORPUS CERISTI, NUECES COUNTY, TEXAS, by and through its undersigned trustees, TOM WEBB, TOMMY F. THOMPSON and WILLIE C. SATTERWHITE, as Grantors, for and in consideration of the sum of Ten and No/100 Dollars ($10. 00) and other good and valuable consideration, paid by Grantee herein, the receipt of which is hereby acknowledged, have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto JAVELINA COMPANY, a Texas General Partnership, as Grantee, its successors and assigns, all of the following described real property in Nueces County, Texas, to-wit: All of Lot Four (4) , EHLERS GARDEN TRACTS, an addition to the City of Corpus Christi, Nueces County, Texas, according to map or plat of said Lot 4 recorded in Volume 37, Page 124, Map Records of Nueces County, Texas. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantors do hereby bind the Congregation of Jehovah's Witnesses, Hillcrest Unit, themselves, their heirs, executors and administrators and successors to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person vat 2312RaGF 859 y VOL 23i2PAGE 560 whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made and accepted subject to any easements, restrictions and reservations affecting the hereinabove described property of record in the office of the County Clerk of Nueces County, Texas, and to ad valorem taxes accruing subsequent to January 1, 1992. EXECUTED this day of , nvem r /qq� CONGREGATION OF JMOVAH'S WITNESSES, HILLCREST UNIT �- By: TZ,),Zk Tom Webb, Trustee Tommy Fe Thompsonj Trustee Willie C. Satterwhite, Trustee Mailing Address Mailing Address of Grantee: of Grantor: Coastal Javeli.na, Inc. Congregation of Jehovah's Coastal Tower Witnesses, Hillcrest Unit Nine Greenway Plaza 3 o f_ t`7p tit,,L_ - k Houston, TX 77046-0995 2 r' STATE OF TEXAS * COUNTY OF NUECES This instrument was acknowledged before me on the day of /y v vein lic t" _ ► 1991, by TUM WEBB, TOMMY E. THOMPSON and WILLIE C. SATTERWHITE, Trustees of the CONGREGATION OF JEHOVAH'S WITNESSES, HILLCREST TWIT, CORPUS CHRISTI, TEXAS, on behalf of said congregation and in their capacity as Trustees. MIKE ELLIFF Notary Pub l State of Texas * } SUPE t1i 1EIru N1 ComL E*$q&I&19W . �1� ratR�sthe Salty IGe�lder Rte AFTER RECORDING of deu&0 REAM MKRTY WAuca of Race,Fo1or, RETURN TO: SOXHoel�0.Fa�iialStstuserbla�aialCnl 'u,b NICOLAS, MORRIS & BARROW STATE of IMS 505 South Water St. , Ste. 545 COi7wrebyOF UErS Corpus Christi, TX 78401 S IAere6y mdeftoty dattbethh fi sti apedhawabsPLED fn yNun e► P egvenra an ths 6ataana at�n�sttraAM�hueia by n.a, 512/883-6341 was duly RECORDED, to ft of*xiat Pubic Recamb of REAL pRflP' m No=cogft TO=on NOV 41BM WAF2R.ANTY DEED FROM M�lECECal1�11Y' CONGREGATION OF JEHOVAH'S WITNESSES, HILLCREST UNIT TO JAVELINA COMPANY, A TEXAS GENERAL PARTNERSHIP Xi A-'V00 sa33AN kaaiDAlano� /dw3/pm/j ehodeed.pm 16a Nd E£ h h ap Gd C� 080038 a()j a3lij va 23i2 w� 861 p 16or � �r ,l AM 4lJ�ur n -C7 4 � w %{rr N est a?W /71'.•9i• 17rdica ►�d it Sfna �-- `� � f !V L 4T 4 LKERS GARDEN T AC T.5 Berm afrocl of/and cofrrr,rh;7y of 0.47acrr ri?Share 3 Ehlers Garden Troela as s/+o&w'n by rnop of record rrr Yr/*nnr G Page r3 of the Map Recordr, Navices Cowiy rxas sy 8:sr INAW 1"l 7 Ctr/YNINCrYIlM .Fngl'nrdr ,Da to M4yr 1971 Scala 1.,fD fl o as for 610 bo S r'ATT OF T,Ex cov"7y ar Ive ...Ar, a /vnr aur•nar or the /orr0'errrhroted i�r Me est/ached WRO W ���CI5 divk eat to rs /ein held by I.L. Webb th4,11 Th,s t1na1 � �f yedarrd,fabdiiridwd 1=5Shncrrn, e.*dlI 6froels ordaorerrran x as if,aer.+ the Zvnirrqq ar '/c ,r,o,v" d/.ourn, fhol ffria ,rrrop r ros da for fit p4orpose al a6sarrphan Tex,prev 'd r , su un/srr dhrs rn• s. � 2+� wrYhrr1 Six C6. r, �r -v7j'pwM4IL l7rFrt-, .I.rrn r ■rr L f s do .STA r Ar r. Y• 3 9ned arrf°fori arr fl+rd day fiver ana I/y appesrsd B'J JNl+ldNcrfrCL Y6LI�fr4 CO[JNT Y W /V `C;.5, r.fs krrourrl ># me to hr, At oer7oj7s iuhd" nan7crs arc sabscrl�ad to eke al,owledyyed Ilial they aryned flee surras far Mrs purposrr therein dx�ssed Thri frnof �• / 'd and !/,e so4ter a AfB rI NRN having9 hien eranr- P-46ir Works : '•e rydrra her hvsbcLnoC 404'frav,-�qy fir ioms fv//y e,Cp/alhod 10 har bfr me &4a fn�r1'rartt evey/ingly for thepvepoArr ehr-nw expressed awd lha,/.Plan did not' and sea/ of a/fice, this S r4rC• Or 7;F 2 f COV/vrr OF' ! N7rr Hera ;• .E, •r5►ned rauMarlfyV on Ihis deq pdrao,9011 a�paorrod IZ..I. VYs66 jcrieurn fo Covn;yr ]"'e x4v yd nar+r!' it ai+6rrarl'bdW to the {or•oc3o rnatrvrrsenl and 4a rro40 '2/trd lrrrar,6 r fr Carta, a'r, 1 xrr77e for the purposes orra' /is 7�* Cvpaci/y �.frern at04d. o /. 71 and seal of afFrce th.r -�R day of �7 /97!A.ct Covn�,n VC. e ] W7 K"a M, y rc '�4 t. Christ-,, Te xas, c Hr ori re rn an +• •ec.r . Jt Q, 'epoAarad r9++frrriar+nl Xpr near,hrrr,rAy alaclWrH//,a/ ffii+/�v-t/�v�/not rs raleJo .4',V_f4 r I k pd" z•w`� 2.a o Ay r r � _el 4 r a � n 1 �,a• r r T 7..x ' r J7E 1 1 I IO�;err I la 1 r� 0 511 66'7e 72 + n " r r q 6$y � R 1 IVY.,`' , i r V , - - srAc. vELlNE LOT 1 _ 25.98 AC yut.54 l9 $1 ss � LA r 114 I J�_ 0-,10 • ,,� 21,9 • `Q rlS.f 1C G- S r5I J'Q Ac p_/0 gra . r r �9•�•. � rG � t�•,s�' �'S f. gi � c.'q o v r� UJ 8 cZA Lor t � 22T2'©2� � 2/ w R � ' '� �br �,q• ?. 877, ra r.oy SI13So ° .34AC w 8,A Deti"60srzla 2fga-0 iV5� ``nr _Gh . �3 219;±o_'2p0 g, SdRc 3vp - �t�t �A � �i E NCC U4 k / 0 —/0 -`9z DOC# 19vrt'01478e WARRANTY DEED Effective Date: 4yoRlc , 1998 Grantor: MARION F. HOWELL and wife, GRACE BRADSHAW HOWELL Grantor's Mailing Address (Including County): 474 University Drive Corpus Christi, Nueces County, Texas 78412 Grantee: COASTAL 7AVELINA, INC. Grantee's Mailing Address (Including County): Coastal Tower Nine Greenway Plaza Houston, Harris County, Texas 77046-0995 Consideration: Ten and No1100 Dollars and other good and valuable consideration Property (Including Any Improvements): Lot Five(5), EHLERS GARDEN TRACTS, a Subdivision of the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 31, Page 69, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. Reservation from and Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject to the following matters, to the extent same are in effect at this time: 1) Any and all res(rictions, covenants, conditions, rights-of-way, mineral reservations, mineral leases and easements, if any, relating to the Property, but only to the extent they are still in effect and shown of record; I 2) All xorvng laws, regulations and ordinances of municipal and/or other j governmental authorities, if any, but only to the extent that they relate to the Property and are still in effect; and 3) Taxes for the year 1998 and all subsequent years. I Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. M . H—AgO1i'LLL 4E SRADSHAW I3OWELL THE STATE OF TEXAS § COUNTY OF NUECES § This instnunent was acknowledged before me on this .�}�day of 9Ai2 , 1998, by MARION F. HOWELL and wife, GRACE BRADSHAW HOWELL. SHERYL A.MANN NIAVY Nbllc STAT UTEM31 Notary PulAic, State of Texas hry Comm.Exp.Mztcis 16,2061 AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Mark B. Gilbreath Mark B. Gilbreath NICOLAS, MORRIS, GILBREATH NICOLAS, MORRIS, GILBREATH & SMITH, L.L.P. &SMITH, L.L.P. 5926 S. Staples, Suite A-2 5926 S. Staples, Suite A-2 Corpus Christi, Texas 78413 Corpus Christi, Texas 78413 4SIP:lEnHpQ—WEL4M.WS71ram WARRANTY DEED FROM MARION F. HOWELL and wife, GRACE BRADSHAW HOWELL TO COASTAL dAVELINA, INC. Dae# t99af}14782 pages: 2 Date 04-09-1998 Time : 01:56936 P-M Filed & RecDrded in official Records of NUECES Countyy 71[. ERNEST P1. SRIONE§ 1 COUNTY CLERK Rec. E 11.00 -2- J 7068" 3 ..r..�Nw LLD'� f••y;�� � flrn rhn�I .q 4 LOT 5 V N J v rA�cr Err^ e.-r3 A1�uk O .,. a sr rir r LOE _�.�. � IWtr FRO'«[raNwcr v®b�Tr OF' ED �P, _ r,.._�. _.... rfm stAn Or MAS} f.urs..iCNR'r f.001101, ....�`:p•RING s-+�. �rv�Q�i'+i �._-.� COtJNTT DYTE' MCt8 I ,Cyytn+�rl d�h.C-.."ca.*Ln ••%42 . = w.s.e_•......ra�nv. m. b. 551 �r.�L,G��+•�I�ore�_.,,.�. --- IV? D 119.HENRY E. Gfl�Kw -//�J//y COUNT}[L[Ak.M,1rClr Nr'�' .4 1 r b �V a eOpl f r:Ske' 'vo-- 706WG —� F14p FOR RECO 1 80 0 100 ROOp 300 AIcJ1 ...�Q'AtlDldJr GRAPHIC 6CALE cr-ie' c-a LOT 5 EHLERS GAR EN TRACTS aF,' a �irae? of An ©ut V/ (of 3,eblerf RECORbEo +N Yar.—_._PA6L__ t�nrden Q[/S as showr7 h ma m of re4grd MAP RecoRas as MuC"s COUNrr in C/o/Nme F, a 93 of the Map Records of A'---- -____a'cbr►�In Nueces coun�l 7eaccrS. 4 4 f e-n/TVCIT� 40 r 1 f ,o. J �rx f J h b r � r � Q n � 4fa ti4f r I Of 1 7� r i I M PZa-4- V- V , — _ L()T I 25.98 A C k va.54 r9.SX LA" Ok w7 ID 4j 0 ;.>/ 0_ �s ��,•,� i 9O q ke6 f 21,9 p .11 bl," ar-an r tr r< •/�1�1 � - ow � HCt�"R,r CgR�f+V�S ud '��� aNf i o• 322,x2 .Q , - I ``51 SO AC ?�r 0` p Tk y C�Ig�qI � a' •y O 2 � U DUN, :a .� L07 1�J3S, • 34AC w 2Jg7_ "/oda T 1@to , 8-A .A . �■+�w�a+s `� I a 7 0 we�2�A y(15' SIL �.rr 50Rc Ir r b.�FPO azeg ,�, 3 2�rJ7rlg 2D ,�(L'q'``f� 1 I " I C. Nc� v'(J At. ' Y f 1 r s . • r ' �•itJi l�1� 1f�dEE � ��u�� � , Prepared by the State Sar of Texan for use bs I uwyers only. /;,ao0_0 Revised 10-95. a[Wq Md.-SWWB ••i r.•... WARRANTY DEED Date; November 20, 1989 Grantor: Delta Tijerina Mason 50373177 Grantor's Mailing Address(including county): 1202 Eden Lane Corpus Christi, Nueces County, Texas 78407 Grantee: Javelina Company, a Texas General Partnership Grantee's Mailing Address(including county)! c/o Coastal Javelina, Inc. Right of Way Department Coastal Tower, Nine Greenway Plaza Houston, Harris County, Texas 77046-0995 Consideration: Ten and IVa/100 Dollars ($10.04) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property(including any irnprovements): A portion of Tracts One (1) and Three (3), EHLERS GARDEN TRACTS, as shown by Map or Plat recorded in Volume 6, Page 33, Map Records of Nueces Countyr Texas, described by metes and bounds in exhibit "A", attached to this deed and incor- porated by this .reference as fully as though copied at length herein; together with all improvements and all rights and appurtenances attached thereto in anywise belonging. Reservations from and Exceptions to Conveyance and Warranty: 1. Gas line easement granted and reserved in warranty deed dated March 10, 1941 from Claude Eden and wife, Laura Eden to A. H. Masiran, recorded in Volume 269, Page 71, Deed Records, Nueces County, Texas. 2.- Oil and Gas Leases of recorded, but only to the extent they are valid and in effect. Grantor,for the consideration and subject to the reservations from and exceptions to conveyance and warranty.grants,sells• and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee,Grantee's heirs.executors,administrators.successors,or assigns forever.Grantor binds Grantur and Grantor's heirs,executors,administrators,and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs,executors,administrators,successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,except as to the reservations from and exceptions to conveyance and warranty. DEED REcolras. When the context requires,singular nouns and pronouns include the plural. vti12i82PaGE 761 MLL3J7 IVlai2i5 VDL 2MPAu 762 Signed at Corpus Christi, Texas this day of November, 1989. i Delia T aerina Mason E (Arkmwledpraem) i f STATE OF TEXAS COUNTYOF NUECES This instrument was acknowledged before me on the `_ day of November 19 89 ' by DELLA TIJERINA MASON /f1 Notary Public,State ofxas 14AHCY BLIIMBERG k-y Notary's name(;primed). h •�•,� } Noarr Pubft Notary's commission expires: STATE OF TEW kir Cameu Exp.Sept.11,1992 (Corporate Ac4nuwtrd,gment] 1 STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of ,19 by , of a corporation,on behalf of said corporation. Notary Public.State of Texas Notary's name(printed): Notary's commission expires: AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: SAN JACINTO TITLE COMPANY NICOLAS, MORRIS & BARROW 600 Leopard, Suite 101.0 P.O. Box 2310 Corpus Chriti, Texas 78401 Carpus Christi, Texas 78403 ATTN: Nancy Blumberg C a wr �f 6 A portion of Tracts One (1) and Three. (3) , EHLERS GARDEN TRACTS, as shown by the map or plat recorded in Volume 6, mage 33, Map Records of Nueces County, Texas, being a portion of the 21 .78 acre tract conveyed to Claude Eden and wife, Laura Eden by Deed dated March 1, 1921, recorded in Volume 135, Page 152, of the Deed Records of Nueces County, 'Texas, and being more particularly described by metes and bounds as follows, to-wit: Commencing at the Northeast corner of Tract One ( 1) of Ehlers Garden tots in the south line of Up River Road; Thence, South 17 degrees 30' West along the ,East line of said Tract One ( 1) . a distance of 595.5 feet to a point in said line, which point is the Southeast corner of a tract of land conveyed by Claude Eden and wife, Laura Eden to R. G. Hillman by Deed dated October 14, 1935, recorded in Volume 217, Page 481 , Deed Records of Nueces County, Texas, for the Northeast and beginning corner of this tract; Thence continuing South 17 degrees 30' Worst along said East line of Tracts One (1) and Three (3) of Ehlers Garden.. Tracts, a distance of 282 feet to a point In said line for the Southeast corner of this tract.; Thence, North 78 degrees 22' West, parallel with the North line of Tract Three (3) of Ehlers Garden Tracts, 154.47 feet to a point for the Southwest corner of this tract.; Thence, North 17 degrees' 30' .East., parallel with the East line of Tracts Three (3) and One (1) of Ehlers Garden Tracts, 282.58 feet a point in the South litre of the S. R. Wallace Two acre tract for the Northwest turner of this tract; I Thence. South 86 degrees 12' East, 34.05 feet to a point being the Southeast corner of a fraction of an acre conveyed by Claude Eden to S. F. Wallace by Deed recorded 1n Volume 216, Page 200 .- Deed Records of Nueces County, Texas; Thence South 75 degrees 531 East, 120.82 feet to a point in the East line of Tract One (1) of Ehlers Garden Tracts, and Place of Beginning, and containing 1 .004 acres of land, more or less. Exhibit „A" To Warranty Deed from Della Tijerina Mason To ,lave l i n a Company vo,L 2182P46E 763 L �ItL 30 iWct12i7 000001� DEED RECORDS tion 2182P4GE 764 d HEED FCR RECORD Kau D 4 n a .4iFHzs r.t r�,X a'�cv�;[at;vrTTx. s ATE OF TEXAS L COUNTY OF NUECES f I hemby cer6ty that this instrument was I ICED on the We and at the time Stamped hereon b}� me: and rro�es dui RECORDED, in the Volume ami Pane of the aamW REwa Of Nueces Caunly,ie.a5,as camped hi re on by me,on NOV 20 1999 ,r7 4 COUNTY CLERK NVEMS COUNty,TEXAS . -y t y 7 40 1r�a �9c 1r rrr -9crrr r a r r �,a• l � 7 r OP) � b r r 6 W AI f 4 J � J'-ep �cre.r y T !, 7-Z 1 V r AWN AW N M � f PAA 6a y r U• 6 Pq,33 a/q) ' 0 L.QT 1 { 25.98 A C � vbe'sw P7,SST ►` �� .. . _. �-. . der r y gD 114 s Lt fir. • 10, REPL fn ++ n• �q// {, r,e •so 9 �F. LO7• . `o c ' Q 6 h for rS •y� , 0 g � � ,�rq� � �j `x/19?.0, Q2�`�`c7-60 ti 14? ;w r, 34 11 4 05% 6uJi r v � rye ti�i ,�c ►O o �•�r+y� qtr*rp`I�{Y �. r a y C. LA ff �.r2S9e J+ + 92�, T�' � �- i �3 ,��as n�• D p. I .�. __A f� ��•r P 1 BA Al C IInS j mA-P ;4P paA-►_spa 4_ el),.5Tle f 7T jO�u� e ' DDC'# 847747 DATE: March 25, 1993 GRANTORS: Helen Heaney Wood, joined pro forma by her husband, .Hobert C. Wood GRANTORS' NAILING ADDRESS (INCLUDING COUNTY) : 5122 Cape Ann Corpus Christi , Nueces County, TX 78412 GRANTEE: Javelina Company, a Texas General Partnership GRANTEE"S MAILING ADDRESS (INCLUDING COUNTY) : Nine Greenway Piaza Houston, Harris County, TX 77046-0995 CONSIDERATION: The sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY (INCLUDING ANY IMPROVEKENTS) : A 1. 289 acre tract of land out of the 5.8 acre Kaler Tract at the SE corner of the intersection of Up River Road and McBride Lane, Corpus Christi, Nueces County, Texas, said tract being out of the NW corner of the Ehlers 21.78 acre tract, which is a portion of the Mathew or John B. Dunn Tracts, out of the original grant to Enrique Villarreal, and being described by metes and bounds in deed from R. W. Andrus, Jr. and wife, Alice Ann Andrus, to H. Gordon Heaney, of record in the Deed Records of Nueces County, Texas, under Clerk's File No. 799919, and being commonly known as 1220 McBride, Corpus Christi , Texas, Nueces County, Texas. BEGINNING at a 1 1/2" .iron pipe in the E boundary of McBride Lane, said pipe bears S 17 degrees 30` W 500 ft. from the intersection of the E right of way line of Mcbride Lane and the S right of way line of Up River Road; THENCE, S. 78 degrees 22' E 395. 30 ft. to a 1/2" iron pipe for corner; THENCE;, 5 17 degrees 30' W 115.10 ft. to a 3/4p' iron rod for corner; ca�Clwresc�arooa.swn�co oa-a3-ss f THENCE, N 86 degrees 12` W 404.70 ft. to a 3/4" iron rod in the E boundary of McBride Lane; 'THENCE, N 17 degrees 30' E 170.50 ft. with the E boundary of McBride Lane TO THE PLACE OF BEG1NNIAG, containing 1.289 acres of land, more or less. TRACT .2 LOT 2-E, EHLER GARDEN TRACT, an addition to the City of corpus Christi , Texas, according to map or plat recorded in Volume 25, Paye 61, Map Records of Nueces County, Texas . RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. There is reserved to the Grantors for the period of time hereafter stated, the right to remove from the property (subject to the rights of tenants) furniture, fixtures (including hot water heaters and electric fixtures) , plants, and shrubs. This option for removal shall terminate two hundred ten (210) days from date of this deed. Failure of Grantors to exercise this option, or to thereafter remove such property within the specified time shall render this option null and void and the ownership of said property shall revert to the Grantee, who without notice, may sell, remove and/or demolish same as Grantee deems necessary. Grantors shall save and hold Grantee, its successors and assigns, harmless and indemnify Grantee against all claims, losses and damages to persons or property, including Costs and attorney's fees, incident to or in any manner resulting from Grantors' performance of their rights, duties and obligations under this provision, and caused by the willful acts, or sole and/or concurrent negligence of Grantors, or Grantors' agents, employees, or licensees. Grantors further covenant and agree that they will comply with all municipal ordinances of the city of corpus Christi, and shall secure any required moving permits. 2 . There is hereby reserved unto Grantor, Helen Heaney Wood, her heirs and assigns, ail of the oil , gas, and other minerals that are in and under the property and that may be produced from it. However, Grantor expressly waives all rights to use the surface of the property for mining, drilling, exploring, operating, and developing the property for oil, gas and other minerals. This provision does not prevent Grantor from using directional or horizontal drilling methods to drill and develop the oil, gas and minerals under the surface of the property. If the interest reserved herein is subject to an existing lease for oil and gas or oil, gas and other minerals, Grantor is entitled to receive the royalties and other CNCN%MK\W00D.aWD\C0 03-23-93 2 benefits that are associated with the interest and payable under the lease. 3 . All easements, exceptions, or reservations affecting these lands and of public record in Nueces County, Texas, to the extent they are valid and in effect. 4 . Rights of the public to use and enjoy a portion of subject property lying within a public road. 5. Pipeline Easement dated July 27, 1990 from Helen Heaney Wood to `Favelina Company, a Texas general partnership, File No. 728539, Volume 2221, Page 435, Deed Records, Nueces County, Texas. 6 . All zoning, platting and use ordinances and requirements of the City of Corpus Christi, Texas, and the 1993 ad valorem taxes, which are hereby assumed by the Grantee. 7 . "Grantor is conveying, and. Grantee is accepting, the property in its "AS IS" , IIWHERE IS", physical condition, "yaJTH ALL 1;AULTS" . Absolutely no warranties, express or implied, are given by Grantor relating to the physical condition of the soil , the improvements, or any other physical component of the property, and to the extent any such warranties are nevertheless deemed given, Grantee hereby waives same except where such waiver is expressly prohibited by law. Nothing in this paragraph shall effect or limit the warranties of title set forth in this deed." WARRANTY: Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warranty, GRANT, SELL, and CONVEY to Grantee the property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its successors and assigns forever; and Grantor hereby binds herself, her heirs, executors, administrators, successors and assigns, to warrant and forever defend all and singular the said premises herein conveyed unto Grantee, Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. when the context requires, singular nouns and pronouns include the plural. CNC\WRK\WCPMD.SWD\CD 03-23-43 -3- •7. IN WITNESS WHEREOF, this instrument was executed at Corpus Christi , Texas, as of the date above written. -- - _ ._ Helen Heaney Wa Robert C. Woo STATE OF TEXAS § COUNTY OF NUECES t §. � ' .'- •. . ^�This�instrument �aasracknowiedged before me on the day of 4 ' ;'••=1993-,' Jpy HELEN HEANEY WOOD. r ► lWWCY 8L * • = Notary OTATEOF YM Y Pub C, tate of Tdxok W o 8apt t,E,460EI STATE OF TEXAS- § COUTNTY OF NUECES § This instrument-was acknowledged before me on the cy day of _ .. _ . 1993, by ROBERT C. WOOD. NMCY 6LUMBEFO ",ypQ* Notary P ic, State of k9kas STATE OFTM whi ac�.+��sips,r4'�ae AFTER RECORDING RETURN TO: E NICOLAS, MORRIS & BARROW '. 505 S. Water Street, Suite 545 j 8401 I PA,G, SAN IC— t rM-E CCMPAM AMOUNT: .°O PAGES-. .--- - t ---- SAN JACINTO TITLE COMPANY My pmo 1jw 4Wn which mst, t the Ssfe,Rentalor+w of the'"C"bW REAL PROPERTY because of Race,Cotes, pO'OCA Sex,Hank sp,Faclrf iit Stat inus or xer� lqn�ht,is rtid WAYrnerdar $�y FECAL t1lW�3/ jBR FILED FOR RECORD DOC# 847747 $14 03--25-1993 04 : 23 : 47 ERNEST Pl- DRIONE S NUECES COUNTY *13 daft oz+�hry�eaaxs:fgf0infile}� 1.arias on aLPic H of MAR T 5 Ins �X IB�T A ��- 1 r I 9 1 A f 1 r.7Z A 76 1 + � 1D�x.✓!errs +a r 1 ►� r J� d 1 tdi A f 0 Felt.ra �,�►� r f 4 1 r 6974 �. f V41 e TS I b � r J J: dd'F: E9x.9 s 4 � PAW e p—c ti �a at QUI �J"7.� �[;•� 'eF � ❑ 'ti � c � �`+� R ss is In D O V d ri r rY� - clu aor ��y J tFlf F � h 7 li J f �S1 4_,4h� in rl W C-11_ cr � .k? a ss t" J ' � !�J ry' •il •v A. ADT ' ` ' A ?E JV 7)Z . ny 8 AC. IVO/ In ,45e ` 5.8 Arrc 7,�-rct 1,4 a�rf.prr of {ire Zh/er5 217- 4s- 7racy, Altlece.s C av�ly 7�xas CAI SIE I�ZL/.5TE C �a�e �clne 1pGz _car/e 1 40' M: +a+eiy awww _ _ L ' .{f lF'e5-� �• ,w rYY�iree�[feCr'�v d//•'f f.' '� d,/a-//5 ¢�- � .n+s��.*a.unc u..c.s a.rwa.w wo a m cr 2Gor. 9a /dt1' e.ws-vm aa•n+.+nr,n ,wr„x wms o- A2"11 /,6! 1�fv�. ir7 onC. .�a were w w..�}^j ,.e:,.P•• Cai� f p-60 v>!..s iavimv v ti nm„i.•.o.na s ran.m,.vr, .U.�. Pf cp•.�y f' r.v��,v.w v.v mue vcaunw.m�a.m a w.+� vTi �} G !► nn..e-•lse� /� +��,w cm mnn...c..,� /c_ 1Sy ..a.,evs v w cmm nor a re.o raav o 1 Recorded Sept, 4V, 196z Mrs. Henn E.. Cru rle.� G. Na.60855I(waF4A's cm.7 Ste. Gdr'BA. pelor✓elf. d-moi �Jc, THE $FATE 9Y TEXAS STATS Cfa TV-45 0 Ccum cr NIUMS p Calm w H=M Q 8MWI ME, TEE [nPnRSIGRED AUT9)RM, Off TM DAY PER6MkLS.Y APPliARM TYAT X, C. N. M ALtSM, JR, AM TEE U C. K. 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Legal Description: 17.49 acres consisting of various tracts of Dunn Trat, Ehlers Garden Tracts, and Best Addition as submitted by metes and bounds. Acreage of Subject Property: 17.49 acres (40 individual lots) Pre-Submission/Early Assistance Meeting: 7/20/2022 Zoning Request From: IL" Light Industrial District To: "IH" Heavy Industrial District Purpose of Request: Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Light Industrial, Vacant Government North "IL" Light Industrial Light Industrial, Light Industrial, Heavy Professional Office Industrial, Commercial South "IL" Light Industrial Light Industrial, Vacant Light Industrial, Government East "IH" Heavy Industrial Heavy Industrial Light Industrial, Heavy Industrial Light Industrial, Light Industrial, Heavy West "IL" Light Industrial Public/Semi-Public Industrial Plat Status: Two of the approximately 40 lots are platted. The remainder is not platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR McBride Lane Designation-Urban Section Proposed Section Existing McBride Lane Street "Cl" Residential 2 Lanes 2 Lanes Collector 60' R.O.W. 28 Feet Transit: The Corpus Christi RTA provides transit services via Bus Route 27 Leopard with two bus stops near Sammons and Rhode approximately % mile to the south. Utilities Gas: 4-inch WS gas line along the southern end of the property on McBride Lane. Stormwater: Storm ditch along both sides of McBride Lane. Wastewater: 18-inch clay along the east side of McBride Lane. Water: 6-inch waterline along the east side of McBride Lane. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Westside Area Development Plan (Adopted February 21 , 1995). Future Land Use Map: Designated Light Industrial, Government. Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed: . 16 within the 200-foot notification area • 4 outside the 200-foot notification area Number Returned in Favor: . 0 inside notification area Number Returned in Opposition: 0 0 inside notification area PERCENT IN OPPOSITION: 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: September 7, 2022 City Council 1St Reading/Public Hearing Date: October 25, 2022 City Council 2nd Reading Date: November 1 , 2022 Background: The applicant is requesting a change in zoning for 17.49 acres consisting of various tracts of Dunn Trat, Ehlers Garden Tracts, and Best Addition as submitted by metes and bounds. Net Zero Carbon One, LLC ("Infinium"), has selected Corpus Christi for the deployment of a small-scale, commercial demonstration project to showcase Infinium technology for the conversion of carbon dioxide and hydrogen into cleaner synthetic fuels and chemicals. The proposed industrial facility is designed to produce approximately 50 barrels of product per day. Net zero is about `balancing' or canceling out the carbon we produce. We reach net zero when the amount of greenhouse gas we produce is no more than the amount taken away. Zero carbon concerns the emissions produced from a product or service — it means no carbons are given off at all. Carbon dioxide will be sourced from the Javelina Facility owned by Howard Energy Partners (HEP) and located in Corpus Christi, Texas, and from other largely anthropogenic sources. Hydrogen will be sourced from the Javelina Plant and from the electrolysis of water using primarily renewable energy. Zoning Report Page 3 The facility and offices will be constructed on property owned by Howard Energy Partners. Construction is expected to commend in 2022 and completed in 2023. The facility will be constructed in the form of a combination of modules and larger vessels. A total of ten fabricated modules will be installed on-site, along with tanks and process vessels. The tallest structure will be 65 feet in height. When operational, the site will employ approximately 22 employees, working in shifts. The employees will be housed in modular offices (1600 square feet) and a control room (400 square feet) of Parking for approximately 25 cars will be provided near the offices. The facility will operate 24 hours a day, seven days a week, 365 days a year, with operations staff on-site at all times of operation. Comprehensive Plan Consistency: PLANCC - The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Economy and Workforce o Corpus Christi has a diversified economy of well-paying jobs that build on existing industry strengths and technological innovation. o Promote the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. o Promote strong lines of communication between local government and businesses to ensure timely response to business needs. o Support investment of resources and capacity that support new venture startups and growth. • Future Land Use, Zoning, and Urban Design o Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. FUTURE LAND USE MAP (FLUM) - The proposed rezoning for heavy industrial uses is inconsistent with the FLUM and would require an amendment: • Designated Future Land Use: Light Industrial, Government. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning, it does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is not consistent with the Future Land Use Map. • However, the proposed rezoning is consistent with many broader elements of the Comprehensive Plan. • Industrial uses are typically located near major transportation routes and are small-to- medium in scale. The site is appropriate. • The proposed development is compatible with the surrounding uses. • Industrial uses are typically located near major transportation routes such as highways, in this case IH 37. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (September 7, 2022): Approval of the rezoning to the "IH" Heavy Industrial District. Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA RS- TF IH 14 10 7 13 12 11 R S--,6 9 8 4 15 6 I H5 SUBJECT PROPERTY 1-L o 3 16 IH i 2 CASE: 0922-02 °`' '11 wr. Zoning and notice Area { s RM-1 Multifamily1 IL Light Industrial RM-2 Muliifamily2 IH Heavy Industrial k Portland RM-3 Multifamily a PUD Planned Unit 13—Overlay ON Professional Office RS-10 Single-Family 10 _ RM-AT Muhifamily AT RS-6 Singlefamily 6 CN-1 Neighborhood Commercial RS-4,6 Single-Family 4.5 - CN-2 Neighborhood Commercial RS-TF TW.-Family CR-1 Resort Commercial RS-15 Single-Family 15 C.01 JAI S CR-2Resort Commercial RE Residential Estate CG-1General Commercial RS.TH Townhouse rim Sb CG-2 General Commercial Sp Special Pe rmit CI Intensive Commercial RV Recreational Vehicle Park SUBJECT\ CBD Downtown Commercial RMH Manufactured Home PROPERTY CR-3 Resort Commercial - FR Farm Rural H Historic Overlay BP Business Park S,4"tProperty O O�wiers with 200'ba7 r favor 4 owe xihn2b'rdon avme City'OI attached arvrrership table Xin opp vban Cor[)llti - Christi Esri,HERE, LOCATION MAP Zoning Case 0922-02 up k o.o HEP JAVELINA CORPUS CHRISTI LLC DISTRICT 1 Rezoning multiple properties Along McBride Lane, south of Up River Road & north of IH-37 4� From "IL" to "IH" 0 D� db PROPEWN PSS w Rob�twm _ hrlst s SUBJECT\ p I �, PROPERTY �� CI ri,li LOCATION MAP- k ON-VACC EW ROAD City Council October 25, 2022 Zoning and Land Use Proposed Use: RS-TF IH Small-scale, commercial demonstration project to 975 showcase Infinium technology for the conversion of carbon dioxide and hydrogen into cleaner synthetic fuels and RS. 6 chemicals. Area Development Plan: m IH Westside (Adopted February 21, 1995) Future Land Use Map: 975 , I` Light Industrial Existing Zoning: "IL" Light Industrial IH Adjacent Land Uses: • North: Light Industrial and Professional Office (Zoned: NIL) t • South: Light Industrial and Vacant (Zoned: IL) • East: Heavy Industrial (Zoned: IH) OH-37ACCE28mop^D • West: Light Industrial, Public/Semi-Public (Zoned: IL) Public Notification 16 Notices mailed inside 200' buffer IH 4 Notice(s) mailed outside 200' buffer 13 12 11 S-6 Notification Area 15 Opposed: 0 (0.00%) 6 I115 Separate Opposed Owners. 0 IL /.L U In Favor: 0 (0.00%) 16 3 1H 1 2 "Notified property owner's land in SQF/Total square N footage of all property in the notification area = Percentage of public opposition. Staff Analysis And Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map. • However, the proposed rezoning is consistent with many broader elements of the Comprehensive Plan. • Industrial uses are typically located near major transportation routes and are small-to-medium in scale. The site is appropriate. • The proposed development is compatible with the surrounding uses. • Industrial uses are typically located near major transportation routes such as highways, in this case, IH 37. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning request from "IL" Light Industrial to "IH" Heavy Industrial c S r 0 r T SUBJECT _ jROPER�TI� 1 VA "®*'� " �' —�-_" 17, a IR411 Mit1 + M � CASE: 0922-02 "' N WE S Aerial View Portland Subject Property Coypu s Rob Christi t,N..,...,_. _ SUBJ CE T\ PROPERTY 6W City of Corpus Esri, HERE, LOCATION MAP Christi so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 10/25/2022 1852 Second Reading Ordinance for the City Council Meeting 11/1/2022 DATE: October 25, 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 14446 Northwest Boulevard CAPTION: Case No. 0922-03 Douglas and Jove Posey (District 1): Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. SUMMARY: The purpose of the request is to bring the land use and zoning together in appropriate zoning classification. The request will allow for the Unified Development Code required buffer zones. The clinic does not and will not board animals overnight. BACKGROUND AND FINDINGS: The subject property is 0.47 acres in size. To the north, properties are zoned "RS-6" Single- Family 6 and are identified with a commercial use. To the south, properties are zoned "CG-2" General Commercial District with a commercial office building. To the east, properties are zoned "RS-6" Single-Family 6 District and "ON" Neighborhood Office District a residence converted to a law office and public/semi-public uses. To the west, properties are zoned "CG-2" General Commercial and "ON" Neighborhood Office with commercial and professional office uses including a restaurant and physician offices. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes denial of the change of zoning. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map. Public Input Process Number of Notices Mailed 9 within a 200-foot notification area 6 outside notification area As of September 13, 2022: 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 change of zoning from the "RS-6" Single-Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District and the "CG" General Commercial District to the "CG-2" General Commercial District on September 7, 2022. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends denial of the change of zoning from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District in lieu of the "ON/SP" Neighborhood Office District with a Special Permit. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0922-03, Douglas and Joye Posey (District 1). Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive, from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 0.468 acres of Lot 2, Nueces River Irrigation Park Annex 2, as described/shown in Exhibit "A" and "B": the "CG-2" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The subject property is located at or near 14446 Northwest Boulevard. Exhibit A, which is a metes and bounds description of the property, and Exhibit B, which is a subject property map, is 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 by a fine not to exceed $2,000.00 for each offense; 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 MURRAY BASS, JR., P.B..,R.P.LS. EXHIBIT A 3054 S.A1-AMFDA,ZIP 78404 NrxoN M. 'WFt-sx, P.E.,it.P.LS. 361 882.5521—FAX 361 882-1265 www.bass•welsh.com a-mall: m urraylr(+j13o1.cpm e•!halt: nixmw(0ao1.com SASS & WELSH EN GIN EERIn G TX Registration No. H-52 Survey Registration No. 140027-00 Y.U. }aux 63197 Corpus Christi, TX 78466-6397 August 9,2022 Proposed Rezoning Being a tract situated in Corpus Christi, Nueces County,Texas, over and across a portion of Lot 2 of the Nueces River Irrigation Park Annex No.2,as shown on the mapthereof recorded in Volume 41 at Page 53 of the Map Records of Nueces County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west boundary of the heretofore referenced Lot 2,whence the southwest corner of Lott bears S 05°02'38"W at 200.00 feet,said point being the northwest corner of thattract rezoned as B-4 in Ordinance No. 17487,for the southeast corner of this tract; THENCE N 05°02'38" E along the west property line of Lot 2 a distance of 101.95 feet to a point for the northwest corner of this tract; THENCE S 84°57'22"E across Lot 2 a distance of 200.00 feetto a point in the east boundary of Lot 2 for the northeast corner of this tract; THENCE S 05°02'38"" W along the east boundary of Lot 2 a distance of 101.96 feet to a point for the southeast corner of this tract; THENCE N 84°57'22""W across Lot 2 a distance of 200.00 feet to the POINT OF BEGINNING forming a tract embracing 20,392 square feet(0.468 acres). ................... BASS,JR. ............... ~ : Bass. R.P.LS. 'Y•�•aS a Isla y Note:Basis of gearing is the west line of Lot 2 from the referenced map of record. MBJ:sab 22015-Field Note-Rezoning.doc EXHIBIT "A" Page t of t Page 4 of 5 ltt1�1- BCH BIT B a `y c b,4y w4 R S- ����z cQ O SUBJEGr PROPERTY CG- 2 CN- CG-2 ON MOR.THWES T+BLVD F R. C-G-m-2 CASE: 0922-03 .. , ,. SUBJECT PROPERTY WITH ZONING ® Odem S Subject Property A-1 Apa MEMHM1 DVjkg ,1 - .:. .. Art Aq-t end House Debk AB Plllk"OM.DkiWd AT T1rn-l-T—I6tDMct SUBJECT-, B-1 rrelgmo-lmouHLSn a _ _ -_ -.: - .... PROPERTY B-1A WlghbGmoatl BLSf Glee'Ict B12 Baror.B'AlreM a159'Idl R-2 B-v Ba11er Isar?BUWre D%W BA cr;= ks k t., B-3 Hmness Gs-la BE F-1:;::=1::';_C':: B64 Genera BW reea CsTlot R-Ti TY'. BS Prmary BWlrESa I-Vot sP Ba PMTnr�BWI9EES Core-'MCt T-1A Tm.Y 177. BD Corps CMsIEea^9De gr E•E_ T-1B PAMUrcIL'=]_: Fax Farmljralaama T-1c raamraca�y-a-= wi.s.:r "1'." Es6,HERE, He HSlcrk-aFCdt"Lanchart cl m t Christi Wee-TIM MAP- Preservaum Page 5 of 5 Zoning Case No. 0922-03, Douglas and Joye Posey (District 1). Ordinance rezoning property at or near 14446 Northwest Boulevard, located along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive, from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "ON/SP" Neighborhood Office District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 0.468 acres of Lot 2, Nueces River Irrigation Park Annex 2, as described/shown in Exhibit "A" and Exhibit "B": the "CG-2" General Commercial District and the "RS-6" Single-Family 6 District to the "ON/SP" Neighborhood Office District with a Special Permit. The subject property is located at or near 14446 Northwest Boulevard. Exhibit A, which is a metes and bounds description of the property, and Exhibit "B", which is a subject property map, is 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 uses authorized by this Special Permit other than uses permitted in the base zoning district are veterinarian or animal hospital uses without outdoor runs and kennels. 2. Buffer Yard: Type A Buffers yards are required adjacent to single-family districts as described in the Unified Development Code §7.9 Required Buffer Yards. 3. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, Municipal, Building, or Health Department requirements. 4. Time Limit: In accordance with the UDC, this special permit shall expire 12 months after approval unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued, 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 MURRAY BASS, JR., P.B..,R.P.LS. EXHIBIT A 3054 S.A1-AMFDA,ZIP 78404 NrxoN M. 'WFt-sx, P.E.,it.P.LS. 361 882.5521—FAX 361 882-1265 www.bass•welsh.com a-mall: m urraylr(+j13o1.cpm e•!halt: nixmw(0ao1.com SASS & WELSH EN GIN EERIn G TX Registration No. H-52 Survey Registration No. 140027-00 Y.U. }aux 63197 Corpus Christi, TX 78466-6397 August 9,2022 Proposed Rezoning Being a tract situated in Corpus Christi, Nueces County,Texas, over and across a portion of Lot 2 of the Nueces River Irrigation Park Annex No.2,as shown on the mapthereof recorded in Volume 41 at Page 53 of the Map Records of Nueces County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west boundary of the heretofore referenced Lot 2,whence the southwest corner of Lott bears S 05°02'38"W at 200.00 feet,said point being the northwest corner of thattract rezoned as B-4 in Ordinance No. 17487,for the southeast corner of this tract; THENCE N 05°02'38" E along the west property line of Lot 2 a distance of 101.95 feet to a point for the northwest corner of this tract; THENCE S 84°57'22"E across Lot 2 a distance of 200.00 feetto a point in the east boundary of Lot 2 for the northeast corner of this tract; THENCE S 05°02'38"" W along the east boundary of Lot 2 a distance of 101.96 feet to a point for the southeast corner of this tract; THENCE N 84°57'22""W across Lot 2 a distance of 200.00 feet to the POINT OF BEGINNING forming a tract embracing 20,392 square feet(0.468 acres). ................... BASS,JR. ............... ~ : Bass. R.P.LS. 'Y•�•aS a Isla y Note:Basis of gearing is the west line of Lot 2 from the referenced map of record. MBJ:sab 22015-Field Note-Rezoning.doc EXHIBIT "A" Page t of t Page 4 of 5 ltt1�1- BCH BIT B a `y c b,4y w4 R S- ����z cQ O SUBJEGr PROPERTY CG- 2 CN- CG-2 ON MOR.THWES T+BLVD F R. C-G-m-2 CASE: 0922-03 .. , ,. SUBJECT PROPERTY WITH ZONING ® Odem S Subject Property A-1 Apa MEMHM1 DVjkg ,1 - .:. .. Art Aq-t end House Debk AB Plllk"OM.DkiWd AT T1rn-l-T—I6tDMct SUBJECT-, B-1 rrelgmo-lmouHLSn a _ _ -_ -.: - .... PROPERTY B-1A WlghbGmoatl BLSf Glee'Ict B12 Baror.B'AlreM a159'Idl R-2 B-v Ba11er Isar?BUWre D%W BA cr;= ks k t., B-3 Hmness Gs-la BE F-1:;::=1::';_C':: B64 Genera BW reea CsTlot R-Ti TY'. BS Prmary BWlrESa I-Vot sP Ba PMTnr�BWI9EES Core-'MCt T-1A Tm.Y 177. BD Corps CMsIEea^9De gr E•E_ T-1B PAMUrcIL'=]_: Fax Farmljralaama T-1c raamraca�y-a-= wi.s.:r "1'." Es6,HERE, He HSlcrk-aFCdt"Lanchart cl m t Christi Wee-TIM MAP- Preservaum Page 5 of 5 ZONING REPORT Case # 0922-03 Applicant & Subject Property City Council District: 1 Owner: Douglas and Joye Posey Applicant: Douglas and Joye Posey Address: 14446 Northwest Boulevard Location: Along the northside of Northwest Boulevard, south of Riverwood Drive, and west of River Hill Drive. Legal Description: Lot 2, Nueces River Irrigation Park Annex 2 Acreage of Subject Property: 0.468 acre Pre-Submission/Early Assistance Meeting: 7/15/2022 Zoning Request From: "CG-2" General Commercial District, "RS-6" Single-Family District To: "CG-2" General Commercial District Purpose of Request: The purpose of the request is to bring the land use and zoning together in an appropriate zoning classification. The request will allow for the Unified Development Code required buffer zones. The clinic does not and will not board animals overnight. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CG-2" General Commercial, Commercial Mixed Use "RS-6" Single-Family North "RS-6" Single-Family Commercial Mixed Use South "CG-2" General Commercial Commercial Mixed Use "RS-6" Single-Family, "ON" Public/Semi-Public, Low- East Neighborhood Office Density Residential Mixed Use West "CG-2" General Commercial, Commercial, Professional Mixed Use "ON" Neighborhood Office Office Plat Status: Subject property is not platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Northwest Street Boulevard "A3" Primary Arterial 6 Lanes 2 Lanes Divided 130' R.O.W. 95 Feet Median Median Utilities Gas: 6-inch WS gas line along Northwest Boulevard. Stormwater: Storm ditch along Northwest Boulevard. Wastewater: 18-inch clay along the west property line. Water: 12-inch waterline along Northwest Boulevard. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted January 9. 2001 ). Future Land Use Map: Designated Mixed Use. Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed: • 9 within the 200-foot notification area • 6 outside the 200-foot notification area Number Returned in Favor: • 0 inside notification area Number Returned in Opposition: 0 0 inside notification area PERCENT IN OPPOSITION: 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: September 7, 2022 City Council 1St Reading/Public Hearing Date: October 25, 2022 City Council 2nd Reading Date: November 1 , 2022 Background: The second building, the northmost on the site, was constructed in 1976 and rezoned in 1983 by Ordinance No. 17487. The 200 feet was along the city limit line at the time which left most of the building, all but about four feet outside of the rezoned area. The first building was built in 1982 and the second building in 2007, according to Nueces County Appraisal District. Comprehensive Plan Consistency: PLANCC - The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design o Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. FUTURE LAND USE MAP (FLUM) - The proposed rezoning's continued veterinarian use is inconsistent with the FLUM and would require an amendment: Zoning Report Page 3 • Designated Future Land Use: Mixed Use. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning, it does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map. • However, the proposed rezoning is consistent with many broader elements of the Comprehensive Plan. • The subject property has successfully been in use since the 1980s. • While the applicant is requesting the "CG-2" General Commercial District, the requested zoning district is incompatible with the adjacent "RS-6" Single-Family District. • To maintain compatibility with adjacent land uses, staff is recommending a special permit with the base zoning of "ON" Neighborhood Commercial with a Special Permit to allow veterinary uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning from the "CG-2" General Commercial District and the `RS-6" Single-Family 6 District to the "CG-2" General Commercial District. Staff Recommendation: Denial of the change of zoning from the "RS-6" Single-Family 6 District and the "CG-2" General Commercial District to the "CG-2" General Commercial District in lieu of the "ON/SP" Neighborhood Office District with a Special Permit. Planning Commission Recommendation (September 13, 2022): Approval of the change of zoning from the "CG-2" General Commercial District and the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA sA 9G �Q �� cy O,Q \V4o R 3 O N 7 Z Q 1 5 S BJECT 9 N- 2 ,,,,, PROPERTY 5 CG-2 8 CN- CG-2 ON NOR•T1jWEST,Bt,VD FR C-G-m-2 CASE: 0922-03 0. I. Zoning and notice Area RM-1 MultiiamilyiIL Light Industrial 4RClIR 5 RM2 Mukifamily 2 IH Heavy Industrial Ri Multifamily 3 PUD Planned Unit De,Overlay pry Professional Office RS-10 Sing Pe-Family 10 RM-AT Multifamily AT RS-6 SingeFamlly6 CH-1 Neighborhood Commercial RSA.5 Single-Family 4.5 C142 Neighborhood Commercial IRSTFTwo-Family CR-1Resort Commercial RS-15 Single-Family 15 CR2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial Ry Recreational Vehicle Park SUBJECT\ CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial PROPERTY FR Fame Rural l H Historic Overlay TJ:I1 BP Business Park 0 su[yecf worly O WV?200'bO& 0 fawarrersr . 4 G4 .,WM,270'listedon ov"M Cit\Of atfachedoumersNp table Xiri oAposrfion C(71lJLIti Christi Esri,HERE, LOCATION MAP Zoning Case 0922-03 DOUGLAS & JOYE POSEY DISTRICT 1 Rezoning a property at 14446 Northwest Blvd ' ® From "CG-2 and"RS-6" to "CG-2" w SUBJECT _ ....,,.,. _ SUBJECT\ PROPERTY rollr ym Rob stwru c1tv of y IND ColpUs Esri,HERE � o g n o p � Christi ' LOCATION MAP City Council w October 25, 2022 Zoning and Land Use Proposed Use: Veterinary Clinic (No overnight boarding) Area Development Plan: RS-6 Northwest (January 9, 2001) 0 ° Future Land Use Map: Mixed Use ON oQ Existing Zoning: "CG-2" General Commercial, "RS-6" Single-Family CG-2 Residential 6 11A 9 CG-2 Adjacent Land Uses: g ON • North: Commercial(Zoned: RS-6) • South: Commercial (Zoned: CG-2) • East: Public/Semi-Public, Low-Density ° o Residential (Zoned: RS-6 and ON) • West: Commercial, Professional Office (Zoned: CG-2 and ON) Public Notification 9 Notices mailed inside 200' buffer 6 Notice(s) mailed outside 200' buffer 9L !Q C 2cQ� N,pN'!!yo R Notification Area 3 vFc9 2 Opposed: 0 (0.00%) y�R Separate Opposed Owners: 0 6 - 9 In Favor: 0 (0.00%) 5 8 GN- CG-2 CG-2 ON "Notified property owner's land in SQF/Total square NORTNWESTiBLVD footage of all property in the notification area = Percentage of public opposition. Fa. G_G=2 Staff Analysis And Recommendation • Inconsistent with the Future Land Use Map. • Consistent with many broader elements of the Comprehensive Plan. • The subject property has successfully been in use since the 1980s. • Requesting the "CG-2" General Commercial District, however, the requested zoning district is incompatible with the adjacent "RS-6" Single-Family District. Staff Recommendation: Denial of the change of zoning from the "CG-2" General Commercial District and the `RS-6" Single-Family District to the "CG-2" District in lieu thereof approval of the "ON/SP" Neighborhood Commercial District with a Special Permit subject to the following conditions: Planning Commission Recommendation: Approval of the change of zoning from the "CG-2" General Commercial District and the `RS-6" Single-Family District to the "CG-2" General Commercial District. Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district are veterinarian or animal hospital uses without outdoor runs and kennels. 2. Buffer Yard: Type A Buffers yards are required adjacent to single-family districts as described in the Unified Development Code §7.9 Required Buffer Yards. 3. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, Municipal, Building, or Health Department requirements. 4. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a plat has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. If no building permit is required, a certificate of occupancy or UDC compliance has been issued. 5 "... . � 'Y�P y O RS - 6 00 OAe 4.4 Of N� SUBECT 4\w � p v ""!M 4. 44 .� CG - 2 N- ON -ON r + A NOR.THWES�T BLVD , CASE: 0922-03 N WE ° Aerial View QClr.11l S Subject Property SUBJECT\ PROPERTY Rc,h_town ►1 City of Corpus Esri, HERE, Christi LOCATION MAP �pUS C °° , Ili off' y 11 ,a AGENDA MEMORANDUM NCOAp 0 P p9E0 1852 First Reading for the City Council Meeting of October 25, 2022 Second Reading for the City Council Meeting November 1, 2022 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Hinojosa, P.E., Interim Director of Public Works gabrielh@cctexas.com (361) 826-1877 North Beach Drainage Improvement Project CAPTION: Presentation and Ordinance adopting the North Beach Drainage Improvement Project Plan and repealing Ordinance No. 031970 authorizing a previous drainage solution. SUMMARY: This item requests City Council repeal Ordinance No. 031970 authorizing a navigable canal on North Beach and adopt the North Beach Drainage Improvement Project with preferred drainage improvement projects to address the drainage issues at North Beach. BACKGROUND AND PURPOSE: North Beach has been a tourist destination for over 100 years. Located on the northern peninsula of Corpus Christi, North Beach provides the general public access to beaches, boat launches, shopping stores, restaurants, and tourist attractions such as the Texas State Aquarium and USS Lexington. However, North Beach experiences frequent flooding from a variety of sources to include tidal rises, rainfall, and drainage backflow. This flooding has a negative impact on the area's roadways and potential for economic development. On December 17, 2019, the City of Corpus Christi City Council passed an ordinance authorizing the design and construction of a navigable canal on North Beach in Corpus Christi, Texas. In addition, the City expended over $830,000 on various studies attempting to find a solution to the area's flooding issues. City staff has been working with MIG consultants to perform a comprehensive analysis of the previous studies' findings to determine the best solution to address the concerns on North Beach. On August 30, 2022, MIG briefed City Council on the North Beach Drainage Improvement Project and City staff requests the strategy be adopted. ALTERNATIVES: The Council can modify or provide direction to Staff to proceed with the North Beach Drainage Improvement Project. FISCAL IMPACT: The fiscal impact in FY 2023 and future fiscal years is dependent on the option City Council directs City staff to proceed with. Additionally, depending on the option, selected funding will need to be identified. RECOMMENDATION: Staff recommends City Council repeal Ordinance No. 031970 authorizing a navigable canal on North Beach and adopt the North Beach Drainage Improvement Project with preferred drainage improvement projects. LIST OF SUPPORTING DOCUMENTS: Ordinance-North Beach Strategic Development Plan Ordinance No. 031970- Authorizing a navigable canal on North Beach CC North Beach Drainage Improvement Project -Powerpoint Presentation 9/12/2022 Ordinance adopting the North Beach Drainage Improvement Project Plan and repealing Ordinance No. 031970 authorizing a previous drainage solution. WHEREAS, the North Beach Drainage Improvement Project ("Plan") with preferred drainage improvement projects was presented to City Council on August 30, 2022, by MIG, Inc.; WHEREAS, the Plan includes priority projects to improve drainage on North Beach; WHEREAS, the first priority project is to elevate Beach Avenue, Gulfspray Boulevard and the beach access parking with pedestrian access to the beachwalk; WHEREAS, the second priority project is to design and construct a linear open space channel and elevate Timon, Surfside and access to Eco and Dolphin Parks; and WHEREAS, other priority drainage improvement projects may include new outfalls, backflow prevention, stormwater pumps and additional elevations and channels. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance 031970 is hereby repealed. SECTION 2. The attached North Beach Strategic Development Plan, providing for preferred future drainage improvement projects on North Beach, is hereby adopted. 1 9/12/2022 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 9/12/2022 North Beach Strategic Development Plan l DrainageCORPUS CHRISTI NORTH BEACH Strategic Development Plan — Preferred ImprovementProject 1 CHALLENGES SEA LEVEL K, �p yl Direct Tidal Flooding Direct Backflow Flooding Groundwater Seepage Flooding Ground Sea Level ■ Elevated Sea Level F-- Gravity Flow Drainage Conduit Water Table and Resulting Floodwater Original Image from https://www.nature.com/articles/s4l598-020-60762-4/figures/1-Labels and photo examples have been modified) 2 2 3 _. :. � t Ih �- 11 CHALLENGES — RAINFALL AffMti w� _a r 9/12/2022 a Vulnerabilities R v� •dam vn.,, , 5 5 • Areas subject to tidal T\Q flooding at highest observed tide,elevation Additional areas are vulnerable to relative sea level rise and rainfall flooding. 6 6 5 VuInerabiIiti 1 / routes points .parks are vulnerable. Existing Roadway Flooding vulnerability Higher vulnerability Lower vulnerability 116 A Layered Solution A.DUNES(COASTAL BARRIER) B.SEAWALL(COASTAL BARRIER) C_TIDE GATES/VALVES(BACKFLOW) v Y 5 D.ELEVATE INFRASTRUCTURE E_ELEVATE PARCELS F_OPEN CHANNEL CONVEYANCE I- B_IMPROVE PIPED CONVEYANCE N_SEDIMENT MONITORING+CLEANING L STORMWATER PUMPS .w 9/12/2022 Intervention Effectiveness FloodingIntervention(s) Direct Tida I ... FloodingSeepage ... A.Dunes 0000 B.Seawa I I 0 00 0 000 C.Tide Gates/Valves 0000 D.Elevate Infrastructure 000 000 000 00 E.Elevate Parcels 000 000 000 OO F.Open Channel Convey. 00 G.Imp.Closed Convey. 00 H.Sed.Monitoring+Clean. 0 L Stormwater Pumps 000 000 #1.Stormwater Convey.+Ditch Imp."Option 1"G+H 000 #2.Linear Park"Option 2"A+D+E+F+G+H 00000 00000 00000 00000 #3.Nay.Canal"Option 3A"A+D+E+F+G+H 00000 00000 00000 00000 #4.Nay.Canal"Option 3B"A+D+E+F+G+H 00000 00000 00000 00000 #5.Storm Drains w/Elev.A+D+E+G+H 00000 00000 00000 00000 #6.Storm Drains w/o Elev.+Pumps A/B+C+G+H+I 00000 00000 00000 00000 9 Decision Criteria Priority 1 Priority 2 Priority 3 : #2.Linear Park"Option 2" $$ 000 00000 00000 00000 0000 A+D+E+F+G+H #3.Nay.Canal"Option 3A" $$$$ 00000 00 0000 00 A+D+E+F+G+H #4_Nay.Canal"Option 3B" $$$$ 0 A+D+E+F+G+H #5.Storm Drains w/Elev. $$$ $$$$ 000 0000 O 0 00000 A+D+E+G+H #6.Storm Drains w/o Elev.+ $$$ $$$$$ 0000 0000 O 0 00000 Pumps A/B+C+G+H+I *Delivery Timeframe category considers how quickly improvements can be implemented, including consideration of reliance on Public-Private agreements and interagency agreements. 10 10 7 9/12/2022 Decision Criteria #2 Linear Park'Option 2" $$ 000 00000 00000 00000 0000 A+D+E+F+G+H #3.Nay.Canal"Option 3A" $$$$ $$5 0 00000 00 0000 00 A+D+E+F+G+H #4.Nay.Canal"Option 3B" $$$$ $$$ 0 00000 00 0000 00 A+D+E+F+G+H #S.Storm Drains w/Elev. $$$ $$$: 000 0000 0 O 00000 A+D+E+G+H #6.Storm Dreinsw/o Elev+ 0000 0000 O O 00000 Pumps.,:B<,+.1+I I+1 *Delivery Timeframe category considers how quickly improvements can be implemented, including consideration of reliance on Public-Private agreements and interagency agreements. 11 Recommendation: Coastal Barriers (Dunes) 11 • Prevents direct seawater O� flow over land. ^ � Reduces tidal flooding. 12 12 8 9/12/2022 Recommendation: Elevate Key Access Routes • Prioritize improvements Q on along key access routes. O Reduces tidal flooding. 13 13 Recommendation: Upgrade Stormwater Conveyance wl Linear Park Canal • Reduces rainfall flooding. g Q 0 14 14 9 9/12/2022 Recornmendatt-01-in: Back low Prevention (Lower Elev. Potential • Elevation of private properties and some streets may not be feasible in some areas. Mobile or permanent pump systems would be required to manage rainfall during higher a tides. 15 15 Recommendation: Backflow Prevention (Higher Elev. Potential) • Phase additional infrastructure elevation with adjacent private property elevation. Short-term improvements include installing backflow prevention and eliminating low points of existing streets. 16 16 10 9/12/2022 1 1 • Confirm desired level of protection Q Identify long-term revitalization plan and multimodal transportation needs 4 �^o Implement short term elevation and conveyance design and phasing • Develop long term plan for low lying areas LEGEND � • Newootfall �, Implement Sediment * Potential SiormwaterPump Station �` / Piped Coonitoring and Cleaning onveyance Upgrades Elevate key access Program mutes ,.. Coastal Barrier \ Exrsting Park Linear Open Space with Open Channel *All Steps include Conveyance Upgrades o Areas of Lower Potential for Redevelopment communication with public and Elevation(lost)&I backflow prevention for low-lying areas) - �- and stakeholders Ej Areas of Higher Potential for Development or Redevelopment(install backflow 17 pmvenh-for low-lying areas) 17 Linear Open SpaceOpen Channel j _ t l Emerging Design Guidelines Pedestrian connectivity to the beach —r — Overall multi-modal connectivity Interest and attraction at varying tidal levels • Accommodation for kayaking and paddle boats #t Areas that could allow future expansion into canal • Water quality 18 11 9/12/2022 1 • Available Budget: $9.55M (Bond 2018 +ARPA+FY23 General Fund)* M First Priority(Gulfspray and Beach) M Second Priority (Design and Partial • Elevate Beach Ave and Gulfspray. Construction of Linear Open Space Elevate beach access parking and Channel provide pedestrian access to Elevate Timon and Surfside,Eco beachwalk. Park and Dolphin Park access (Sandbar Avenue). • Limited conveyance improvements along elevated streets. Install new north-end outfall and portion of linear open-space open channel. *Available Budget: Confirm compatibility with future ARPA $5.00M linear open-space open channel. Bond 2018-Beach Avenue $1.00M Bond 2018-Gulfspray Pedestrian Access $0.30M Bond 2018-NB Primary Access Project $1.25M FY 2023 General Fund $2.00M 19 19 Recommendation • Use a layered solution across the North Beach peninsula • Approve Linear Park(Option 2) and Storm Drains w/o Elevation (Option 6) • Install Coastal Barriers (Dunes) • Elevate Key Access Routes • Upgrade Stormwater Conveyance w/Linear Park Canal • Exercise Backflow Prevention • Next Step: Hire an engineering firm to design the linear park and reconstruct North Beach roadways utilizing available funds 20 20 12 ORDINANCE AUTHORIZING A NAVIGABLE CANAL ON NORTH BEACH WHEREAS, the term "Navigable Canal" in this proposed ordinance refers to the canal presented to the City Council on October 29, 2019 by Urban Engineering. Specifically, the term "Navigable Canal" refers to Option 3 presented to the City Council on such date, shown in the attached Exhibit A, as may be modified from time to time to provide the best engineering practices and changes necessary to secure required permits; subject to the limitations on any change that the canal must be (1) navigable and (2) substantially in the same footprint as proposed with the exception of the location of the channel connecting the Navigable Canal to Corpus Christi Bay; and WHEREAS,the City of Corpus Christi (the "City") understands that a Navigable Canal could positively impact economic development issues and drainage issues on North Beach to the benefit of all citizens and property owners on North Beach apart from future development; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS,TO HEREBY PASS THIS ORDINANCE TO ACHIEVE THE FOLLOWING: SECTION 1: Subject to funding appropriated by City Council, determination of suitable title, completion of a City-wide public input process, and completion of required permitting, the City will pre-design, design, and construct a Navigable Canal on the North Beach for an amount not to exceed $41,200,000 and with construction to be complete on or before January 1, 2025. SECTION 2: Funding for the Navigable Canal should come from various sources: debt by issuing revenue bonds (including such bonds from the revenue funds); HOT tax funds to the extent allowed by statute; TIRZ funds properly authorized by a Financing Plan approved by the TIRZ board; Seawall Fund to the extent allowed by the ballot language; Storm Water Capital Improvement Program; various grants; unassigned interest earned from operating budget and/or capital budget funds; Nueces County. SECTION 3: The City Manager or designee is directed and authorized to accomplish —through appropriate interaction with City Council, staff, and others—the presentation of an engineering and design contract for the Navigable Canal to City Council for consideration of approval. SECTION 4: The City Manager or designee is directed and authorized to take all steps necessary to identify funds and present items to City Council for consideration of approval to appropriate funds as described in SECTION 1 with certification made thereof. SECTION 5: The City Manager or designee is directed and authorized to negotiate with Nueces County to secure the county's full participation to procure all environmental studies (Phase 1, and Phase 2 (if necessary)) and permits as may be required to support construction of the Navigable Canal. 931970 SCANNED That the foregoing ordirWnce was read for the first time and passed on to its second reading on this the a Lday of = j 019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy _ Paulette M. Guajardo 4< Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 3y,, - 2019, by the following vote: Joe McComb Michael Hunter lx Roland Barrera Ben Molina T Rudy Garza Everett Roy Paulette M. Guajardo L4 Greg Smith z. Gil Hernandez PASSED AND APPROVED on this the day of QetP1144 , 2019. ATTEST: Re ecca HuertaJ e cComb City Secretary a or Exhibit A Navigable Canal Pages from City Council presentation of October 29, 2019 6--- Drainage Options (Continued) Option 3: Navigable Channel • Cost more than ditch • Easy to Maintain • Best hydraulic improvement Drainage Options Option 3: Layout 111111 a 11� 7. m T ry T y tl� urfUi ILI 1A 1A 411 CORPUS CHRISTI - NORTH BEACH Drainage Improvement Project Plan and Phase 1 Implementation M I G ............................. ... 000`0000000000000000��0000000000000000000��00000000•••..- \v a \\\ oo\\\ \oo\\\\ \ o\ \oo\\ w� \ \\\\\\O\\\\\\\\\\\\\\\\\\O \\\\\\\\\\\\\\�00000wv oow0000000000000y� . �� 000�� �� ,.A� A\�A� �. Amour, Tidal Flooding Reduction Elevate key infrastructure. Varies <6" to 4' sDQ�f Install backflow devices to prevent backflow to low lying areas.* l� Install Coastal Barrier (dunes). 6�SSP * Established areas of development will require long-term backflow prevention. Areas available for future development , could be elevated during development to eliminate need for long-term backflow prevention 2 Drainage Improvement Project Plan Rainfall Flooding Reduction Opportunities to widenY Install new open channel open channel for water- based recreation amenities conveyance system, JPO where right-of-way allows integrated within linear open space amenity.* Install new piped conveyance system, were New Northern * Install pump stations to New Southern ,��s provide drainage of low-lying ���� ae. Outfall I I Outfall infrastructure during high tides. a I 3 Drainage Improvement Project Plan • Comprehensive improvement plan will be implemented in phases Phasing will be determined based on timing of funding availability and bridge progress �� OO r„na O S`S�e ,. 00 z ry 4 1 1 1 T Porh I Existing �ru�avu���• B—H P—I< ❑ V16 Va V4 v2 Mi., �y 2'y �y. C' li C�. Parks Existing us-iai , Beach Woccted us-iai Parcels a V16 Va V4 Vz mi. la \ {1 � f tu Bridge se Path x., 4 µ Parks Bus Routes Beach � B«eshw.�lk ,w, . Parcels ExMs q sdewalks `,r \ aaaaa. � 7 o Vas Va Va Vz Rates 1{ � 1y� The.lexkr9ton. s _ � � F vIlla Del Sol Era Porks Las Brlsas sj Park -+ G. Llothouse gA44h The Breakers Pointe Pa Raiz, Tropical.Studlos Vllla Sorrento Apartments 8 Mi les Aquarium AD "A improvements t? Breakwater Histcry Plaza ShoreAne Blvd. • S°m Streetscape , Townflorm• T' �,r New Construction SO"FamNy Residence New Construction ¢ . Porks ' .11 �S.rN `., LJghthouse PQ me B—ch • New Construction Parcels �. DnIphln Park Playground and Boardwalk [?el SC.I nts 9 'J 116 1:lB 7`d 1/2 Miles Drainage Improvements Integration with Overall North Beach Revitalization z .�l `T s 1� Flood DepthotAreas Parks Flooded at 35' "r - Beach M 3-3.5 Ft Parcels _ 2-3R _ _ 1-2 k B-lfi II 11 o >ra Va Va V2 Fades ory y IF P.,h Existing Sidewalks ' B—H A4issing Sidewalks .--, Po Bels 12 O V16 ve 114 V2 MI. 'I r Linear park ann stormwater channel Improvements Stormwater plpa Improvements Parks Linecr Park Beach Piped Srarmwarer New sldewa lks///✓✓ Con—yams tonnectlan Impar Parcels sidewalk open spate and Imp--t. heackwalk Multi-use Trail 13 a V16 Vs Vd V2 Mild, Parks Priwte Infill " Beach Park Infill Parcels 14 a Vsb Va V4 Vz Aples What We've Heard So Far Design Guidelines for Build Out of Flooding Reduction Improvements • Increase pedestrian connectivity to the beach, closing gaps in missing sidewalks • Coordinate with overall North Beach multi-modal connectivity buildout • Provide interest and attraction at varying tidal levels • Accommodate water-based recreation, e.g. kayaking and paddle boats • Coordinate to ensure design that does not preclude future expansion of the open channel • Maintain water quality 15 Linear Open Space + Open Channel r a Y y i . +. v U i• Linear Park Inspiration 44. a�dA � _ ,w i ah �w �A Linear Park Inspiration 4 s .a I i R= Linear Park Inspiration . p. �� A+ �� -s�.��� i-��-- IIx �c � •,� � ��'y�e.�Y A � ��j�'.. t y � C T � �• ,,fit ���`y�' r W M y. �i � � t w i 1 Linear Park Inspiration 1 '0 a .- -1 . . % 1 i sF 4 _ pYIM K" " , !" loft -34 �v�r jF - . Y �y ✓ _ JIM Linear Park Inspiration t xi 010 f : ,r µ „ •M .. -� "'YID --. Phase I Projects o $4.5M = Surfside Park Improvements: o Elevating parking, restroom and active park areas 3 Joo Design-Build RFQ -Oct.2021 o O OoDesign-Build Contract Award - Mar.2022 O Design-Build Const.Start- Mar.2023 0 000 CO a� OOC�ao 22 Phase I Projects _ $3.51VI Gulfspray and Beach \ Reconstruction: Elevating roadways, elevating parking and pedestrian �3Joo improvements o��OOO Design RFQ - Est.Nov.2022 oQ Design Contract Award - Est.Apr.2023 Construction RFB - Est. Mar.2024 0 Construction Start- Est.Aug. 2024 0 O Oo O s-f0� OP � o0 'J �0 00 0� 0� 23 Phase I Projects $6M Linear Open Space and Channel: \ Elevating roadways, creating open \ channel, installing new northern \� \ outfall to Eco Park, temporary channel \ \\\ \ aeration/circulation system, redirect existing Gulfbreeze piped conveyance to linear open space channel with \\ �� backflow prevention, linear open \ space activation improvements, pedestrian improvements s� ♦ P Design RFQ - Est. Nov.2022 Design Contract Award - Est.Apr.2023 Construction RFB - Est.Jun. 2024 Construction Start- Est.Oct.2024 \ *Phase to include stakeholder outreach .r<\ regarding level of protection trade-offs(elevation ♦ and conveyance sizing), long-term multi-modal ` transportation build-out, linear park design standards. Phase to include sediment monitoring and maintenance plan recommendations. 24 InitialFunding Plan Available Budget: $14.05M Bond 2020/2023 $4.50M ARPA $5.00M Bond 2018- Beach Avenue $1.00M Bond 2018-Gulfspray Pedestrian Access $0.30M Bond 2018- NB Primary Access Project $1.25M (To be redirected to Gulfspray and Beach) FY 2023 General Fund $2.00M 25 Future Phase Projects $14M Elevating roadways, creating open channel, installing new southern outfall at Pearl Ave, temporary channel aeration/circulation system, new piped conveyance in Shoreline x..11 Blvd and adjoining streets with backflow prevention, linear open space activation improvements, pedestrian improvements $6M Elevating roadways, competition I/ of open channel, redirect existing piped conveyance to open channel with backflow prevention, complete linear open space activation J� improvements, pedestrian improvements $11M Elevate roadways, construct coastal barrier, install pump stations 26 Recommendation Staff recommends City Council adopt the North Beach Drainage Improvement Project, approve the Phase 1 construction of the proposed strategy, and repeal Ordinance No. 031970. 27 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of October 25, 2022 1852 Second Reading Ordinance for the City Council Meeting of November 1, 2022 DATE: October 10, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com 886-2603 Accepting and Appropriating the FY2022 Edward Byrne Justice Assistance Grant Award for the Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $206,608.00 for the FY2022 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department to purchase tasers; and appropriating $206,608.00 in the Police Grants Fund with $103,304.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $103,304.00 to be used by the City. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau of Justice Assistance for the purchase of equipment to enhance law enforcement efforts. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG), Corpus Christi has been declared a disparate jurisdiction by the Department of Justice and therefore the City has agreed to split the funds 50/50 with Nueces County. The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the County, yet the County is responsible for providing criminal justice services such as incarceration and prosecution for the City. This 50/50 agreement has been in place since 2008. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding must be completed, signed, and faxed to Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that the City will serve as the lead agency. The Nueces County Commissioners Court approved the interlocal agreement on July 6, 2022. The City Council approved the agreement on July 26, 2022. Each interlocal agreement is good for the grant award period of 3 years. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. With this award, the program has provided a total of$5,685,938 in grant funds to the City since the program began in 1996. The funds have been used to purchase vehicles and other law enforcement equipment. The 2021 JAG grant amount was $96,206.00 which purchased tasers, forensic laser and riot shields. The 2022 awarded funds will be used to purchase tasers. ALTERNATIVES: Do not accept the grant and not receive the funds. FISCAL IMPACT: The fiscal impact in FY23 is the acceptance of grant funds in an amount of$206,608.00 and appropriating $206,608.00 to the Police Grants Fund. There is no required match funding. Due to an interlocal agreement $103,304.00 will be distributed to Nueces County and the remaining $103,304.00 to be used by the City for the purchase of tasers. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Project: Account: 520090 Minor Tools RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award Interlocal agreement with Nueces County Ordinance authorizing the acceptance of a grant from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $206,608.00 for the FY 2022 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department to partially fund the purchase of 445 tasers as part of a previously approved five-year supply agreement; and appropriating $206,608.00 in the Police Grants Fund with $103,304.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $103,304.00 to be used by the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute all documents necessary to accept a grant from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in the amount of $206,608.00 for FY2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. $206,608.00 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $103,304.00 of the funds are to be distributed to Nueces County. 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor so �o o� A PH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 25, 2022 µCORPOR I Second Reading Ordinance for the City Council Meeting of November 1, 2022 1852 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance of a Grant from the State of Texas Governor's Homeland Security Grants Division for the reduction of human-trafficking, drug smuggling, and other organized crime CAPTION: Ordinance accepting a grant in the amount of $94,500.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human- trafficking, drug smuggling, and other organized crime; and appropriating $94,500.00 in the Police Grants Fund. SUMMARY: This ordinance accepts and appropriates $94,500.00 in grant funding to provide for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human-trafficking, drug smuggling, and other organized crime. BACKGROUND AND FINDINGS: This grant centers on the use of intelligence to increase the effectiveness of federal, state, and local law enforcement assets. The purpose of the program is to sustain interagency law enforcement operations and enhance local law enforcement patrols to facilitate directed actions to deter and interdict criminal activity. This grant will help fund the Corpus Christi Police Department's work as it relates to the execution of coordinated security operations in an effort to reduce criminal activity in Texas by decreasing the supply of drugs, disrupting and deterring operations of gang and other criminal organizations, and other related objectives. The Corpus Christi Police Department(CCPD)will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extra territorial jurisdiction (ETJ). The actions and operations will target known drug, currency, and human trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from Corpus Christi's boundaries). The funding provides for overtime and retirement for sworn officers. There is no City match required supporting the program. Funding is available from September 1, 2022, through August 31, 2023. The City has been receiving the grant since 2008. For FY 2022, the City received $59,000 for this grant. ALTERNATIVES: The alternative is not to accept the grant, but this will result in CCPD being able to provide less enforcement of criminal activity related to border security. FISCAL IMPACT: The fiscal impact for FY 2023 is accepting funds and appropriating $94,500.00 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: Police Grants Fund Mission Element: 151 Project # (CIP Only): N/A Account: 510000 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a grant in the amount of $94,500.00 from the State of Texas Governor's Homeland Security Grants Division for overtime and retirement for Corpus Christi Police Department sworn officers supporting law enforcement activities that help to reduce human-trafficking, drug smuggling, and other organized crime; and appropriating $94,500.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $94,500.00 from the Office of the Governor's Homeland Security Grants Division (HSGD) for funding eligible under the FY2023 Local Border Security Program (LBSP) grant. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $94,500.00 is appropriated in the No 1061 Police Grants Fund from the HSGD for eligible overtime and operational costs. SECTION 4. In the event of the loss or misuse of the HSGD funds, the City of Corpus Christi assures that the funds will be returned to the HSGD in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 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 the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs.By accepting the Grant Award in cGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Uniform Grant Management Standards (UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above.For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any, cited below: Grant Number: 3404806 Award Amount: $94,500.00 Date Awarded: 10/6/2022 Grantee Cash Match: $0.00 Grant Period: 09/01/2022 -08/31/2023 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2023 Grantee GPI: $0.00 Program Fund: BL-Local Border Security Program(LBSP) Total Project Cost: $94,500.00 Grantee Name: Corpus Christi, City of Project Title: Local Border Security Program Grant Manager: Lynne Crow Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: NIA Federal Awarding NIA-State Funds Agency: Federal Award Date: NIA- State Funds Federal/State Award 2023-BL-ST-0016 ID Number: Total Federal Award/State Funds $5,100,000.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Homeland Security Grants Division(HSGD) Name: Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds may Description: also support the humane processing of remains of undocumented migrants,when specifically awarded for that purpose. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of October 25, 2022 1852 Second Reading Ordinance for the City Council Meeting of November 1, 2022 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance of a Grant from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Police Department CAPTION: Ordinance accepting a grant in the amount of$20,000.00 from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Corpus Christi Police Department for the purchase of 40 additional pieces of rifle resistant body armor; and appropriating $20,000.00 in the Police Grants Fund. SUMMARY: Ordinance accepts and appropriates $20,000.00 in grant funding for the purchase of 40 additional pieces rifle resistant body armor. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) currently has 425 rifle-resistant pieces of body armor issued to officers. The grant will cover the next Police Academy which begins in July 2022 and graduates in March 2023. The July 2022 Academy currently has 25 cadets, and the October 2022 Academy has 22 cadets. The grant will provide up to 40 additional rifle resistant pieces of body armor and CCPD will provide the remaining seven pieces of body armor from the General Fund. To date, all other sworn officers have been issued rifle-resistant body amor through a previous purchase. The rifle-resistant body armor is issued to officers in addition to their regular field operations body armor. The rifle resistant body armor is rated at Level IV. Regular field body armor is rated Level II and is issued to cadets while they are in the Academy. This is the first year that the City has applied for the grant. The Police Officers Association purchased the original issue of 425 rifle resistant pieces of body armor in 2017. This is the first purchase of rifle-resistant body armor that the City has applied for because previously there was not a need since CCPD had enough pieces of rifle resistant body armor to issue to all officers. The project period is from September 1, 2022 through August 30, 2023. ALTERNATIVES: The alternative is not to accept the grant and not purchase additional rifle resistant body armor. However, this will result in a shortage of body armor once CCPD cadets graduate and begin their field training. FISCAL IMPACT: The fiscal impact to FY 2023 is accepting and appropriating $20,000.00 to the Police Grants Fund. Funding Detail Fund: 1061 Organization/Activity: Police Grant Fund Mission Element: 151 Project #: 822907S Account: 520090— Minor Tools & Equipment RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance accepting a grant in the amount of $20,000.00 from the State of Texas, Criminal Justice Division for Rifle-Resistant Body Armor for the Police Department for the purchase of 40 additional pieces of rifle resistant body armor; and appropriating $20,000.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager of designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$20,000.00 for the purchase of rife resistant body armor. SECTION 2. The City of Corpus Christi designates the City Manager or designee as the grantee's authorized official. The authorized official is given the power to apply for, accept, reject, alter or terminate the grant on behalf of the applicant agency. SECTION 3. That $20,00.00 is appropriated in the No 1061 Police Grants Fund SECTION 4. In the event of the loss or misuse of the funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division. 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs.By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the COG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards(UGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant fielding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 4441501 Award Amount: $20,000.00 Date Awarded: 10/6/2022 Grantee Cash Match: $0.00 Grant Period: 10/01/2022-09/30/2023 Grantee In Kind $0.00 Match: Liquidation Date: 12/29/2023 Grantee GPI: $0.00 Program Fund: BG-Rifle-Resistant Body Armor Grant Program Total Project Cost: $20,000.00 (BAGP) Grantee Name: Corpus Christi,City of Project Title: Rifle Resistant Body Armor Grant Manager: Shayla Smothers Unique Entity Identifier XETBTPKCL895 (UEI): CFDA: N/A Federal Awarding Agency: N/A- State Funds Federal Award Date: N/A-State Funds Federal/State Award ID Number: 2023-BG-ST-0025 Total Federal Award/State Funds $10,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: To equip law enforcement officers at risk of shootings with rifle-resistant body armor. so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of 10/25/22 1852 Second Reading for the City Council Meeting of 11/1/22 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveV(o-)-cctexas.com 361-826-3445 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District (CCNCPHD) to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide prevention and control services for Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS); and amending the operating budget CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services (DSHS) and the Corpus Christi-Nueces County Public Health District (CCNCPHD) to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide prevention and control services for Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS); and amending the operating budget. SUMMARY: The grant award is to be used to provide for personnel costs, supplies, and other expenses to offer STD services and associated activities related to the STD/HIV-DIS Prevention Services Program within the jurisdiction of the Corpus Christi-Nueces County Public Health District. This amendment will increase the grant award by $72,379.00 for 2022. The total amount of the 2022 grant award will increase from $105,208.00 to $177,587.00. Two assets will be purchased with the 2022 supplemental funding. An Arlington Scientific Evolution RPR Analyzer and a Piccolo Express Chemistry Analyzer machine. Supporting testing kits and supplies will also be purchased with these supplemental funds. Additionally, this grant will be renewed for 2023 in the amount of$105,208.00. The grant currently funds 1 FTE position. There is no change in FTE levels. BACKGROUND AND FINDINGS: DSHS has awarded an increase to an existing grant contract for the STD/HIV-DIS Prevention Services Program in the amount of$72,379.00 for 2022, and a renewal of the existing grant in the amount of$105,208.00 for 2023. This funding will provide for personnel costs, supplies, and other expenses to offer services and associated activities related to the STD/HIV-DIS Prevention Services Program within the jurisdiction of the CCNCPHD. The STD/HIV-DIS Prevention Services Program Grant is focused on communicable disease control. Reducing incidences of syphilis and ensuring communicable disease treatment is the grant's primary focus. ALTERNATIVES: Refuse the 2022 grant amendment and not purchase the two additional laboratory machines and the supporting supplies for the operation of the new laboratory machines. Refuse the 2023 grant renewal and cease providing STD/HIV prevention services. FISCAL IMPACT: No fiscal impact as the STD/HIV-DIS Prevention Services Program is 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831801 F Mission Element: 106 Project # (CIP Only): Account: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831802F Mission Element: 106 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001120300007 Ordinance COF Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $72,379.00 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide STD/HIV prevention and control services; and amending the operating budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to amend Contract No. HHS001120300007 (the "Contract") under the STD/HIV-DIS Prevention Services Grant Program with the Department of State Health Services ("DSHS") to increase the amount for calendar year 2022 by $72,379.00, and to add $105,208.00 for calendar year 2003 to provide STD/HIV prevention and control services. SECTION 2. That the grant in the amount of$177,587.00 is appropriated in the No. 1066 Health Grants Fund to continue the STD/HIV-DIS Prevention Services Grant Program in the Health Department. SECTION 3. The FY2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase revenues and expenditures by $177,587.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the grant contract that extend the contract period or increase or decrease the grant amount. SECTION 5. A copy of any executed grant amendment shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 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 the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS001120300007 AMENDMENT NO. 2 The DEPARTMENT OF STATE HEALTH SERVICES("DSHS" or"System Agency"), a pass-through entity, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) ("Grantee"), each a"Party" and collectively the "Parties", to that certain grant contract to control and prevent the spread of Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis under the STD/HIV-DIS Prevention Services Program effective March 1, 2022 and denominated DSHS Contract No. HHS001120300007 ("Contract"), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to extend the contract term; WHEREAS, the Parties desire to increase funding to the Contract for Calendar Year 2022 and Calendar Year 2023; WHEREAS, the Parties desire to revise the Statement of Work to update project objectives and reporting requirements to address the increase in statewide congenital cases and to comply with required activities; and WHEREAS, the Parties desire to incorporate certain terms for compliance with applicable law and policy, and to make other modifications as stated herein. Now, THEREFORE, the Parties modify the Contract as follows: 1. ARTICLE 111,DURATION, of the Contract is amended to reflect a revised termination date of December 31,2023. 2. ARTICLE IV, BUDGET, of the Contract is amended to: (1) increase the Calendar Year 2022 budget by $72,379.00, and (2) add $105,208.00 for expenditures during Calendar Year 2023. The total Contract value will not exceed $282,795.00. All expenditures must be in accordance with ATTACHMENT B-2, REVISED BUDGET (SEPTEMBER 2022), which also incorporates the indirect cost rate. 3. The Contract is amended to add ARTICLE IX, FUNDING AND NOTICE TO PROCEED, to the Contract: IX. FUNDING AND NOTICE TO PROCEED Funding for this Contract is dependent upon the approval from the Centers for Disease Control and Prevention. Grantee may not incur expenditures above $105,208.00 until DSHS issues a Notice to Proceed to Grantee. This Notice to Proceed may include an amended or ratified budget, which will be incorporated into this Contract by a subsequent amendment. Any expenditures made beyond the aforementioned dollar amount in this Article prior to the date DSHS Contract No.HHS001120300007 Page 1 of 5 Amendment No.2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC on the Notice to Proceed will be at Grantee's sole risk. DSHS written preapproval is required prior to Grantee redirecting any funds for activities associated with monkeypox. In addition, all expenditures for activities associated with monkeypox must be tracked separately. 4. PARAGRAPH 1 of SECTION II(A)in ATTACHMENT A-1,REVISED STATEMENT OF WORK, of the Contract is revised to add subparts f through i under PARAGRAPH 1 as follows: f. Ensure that pregnant women with syphilis are identified and treated appropriately and timely to prevent congenital syphilis. g. Ensure that all infants born to a woman with a history of syphilis in their jurisdiction are investigated and reported within 30 calendar days of receiving report of birth as outlined by DSHS HIV/STD Program POPS, Chapter 23, Congenital Syphilis, available at: htt2s://dshs.texas.gov/hivstd/pops/chap23.shtm. h. Provide technical assistance and guidance to providers and systems of care to ensure testing for syphilis is conducted, at a minimum, at first prenatal visit, during third trimester, and at delivery as testing in accordance with Section 81.090, Diagnostic Testing During Pregnancy and After Birth, of the Texas Health and Safety Code. i. Ensure that all people of childbearing capacity have a documented pregnancy status in the reporting database management system. Grantee shall ensure that people in the following population groups have a documented pregnancy status at or above the specified thresholds: 1) People of childbearing capacity with reactive syphilis labs. Reported percentage of a documented pregnancy status of people of childbearing capacity with reactive syphilis labs must be at or above 90 percent; and 2) People of childbearing capacity who have been identified by a person with reactive syphilis labs(e.g.,partners, suspects, and associates)with whom the Grantee is able to make contact. Reported percentage of a documented pregnancy status of people of childbearing capacity identified by a person with reactive syphilis labs and contacted by Grantee must be at or above 80 percent. If the reported percentage for documented pregnancy status is less than either of the percentages specified, then DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve reported percentage(s). Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. 5. SECTION VI, REPORTING REQUIREMENTS, in ATTACHMENT A-1, REVISED STATEMENT OF WORK, of the Contract is revised to add the following table for Calendar Year 2023 reporting requirements: DSHS Contract No.HHS001120300007 Page 2 of 5 Amendment No.2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC CALENDAR YEAR 2023 REPORTING: REPORT NAME PERIOD BEGIN PERIOD END DUE DATE 1"2023 Semiannual 01/01/2023 06/30/2023 07/31/2023 Report 2nd 2023 Semiannual 07/01/2023 12/31/2023 01/31/2024 Report Congenital Syphilis 01/01/2023 12/31/2023 Due thirty (30) calendar Case Investigation and days after period being Infant Syphilis Control reported. Records Note: This Report is submitted through THISIS and is subject to HIPAA and PHI data requirements. 1st2023 LRP Report 01/01/2023 06/30/2023 07/31/2023 2nd 2023 LRP Report 07/01/2023 12/31/2023 01/31/2024 1st2023 FSR 01/01/2023 06/30/2023 07/31/2023 2nd 2023 FSR 07/01/2023 12/31/2023 02/15/2024 6. ATTACHMENT B-1, REVISED BUDGET, of the Contract is deleted in its entirety and replaced with ATTACHMENT B-2, REVISED BUDGET (SEPTEMBER 2022), which is attached to this Amendment and incorporated into the Contract for all purposes. 7. ATTACHMENT C, HHS UNIFORM TERMS AND CONDITIONS—GRANT VERSION 3.0 AUGUST 2021, of the Contract is deleted in its entirety and replaced with ATTACHMENT C-1, HHS UNIFORM TERMS AND CONDITIONS—GRANT VERSION 3.2, which is attached to this Amendment and incorporated into the Contract for all purposes. 8. ATTACHMENT D, HHS CONTRACT AFFIRMATIONS V. 2.0 AUGUST 2021, of the Contract is deleted in its entirety and replaced with ATTACHMENT D-1,HHS CONTRACT AFFIRMATIONS VERSION 2.2, which is attached to this Amendment and incorporated into the Contract for all purposes. 9. ATTACHMENT F-1, FEDERAL ASSURANCES, is attached to this Amendment and incorporated into the Contract for all purposes. DSHS Contract No.HHS001120300007 Page 3 of 5 Amendment No.2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC 10. ATTACHMENT H-1, FFATA CERTIFICATION FORM, is attached to this Amendment and incorporated into this Contract for all purposes. Grantee is required to complete the Certification to meet the Federal requirement. 11. This Amendment shall be effective as of the date last signed below. 12. Except as modified by this Amendment, all terms and conditions of this Contract, as amended, shall remain in full force and effect. 13. Any further revisions to the Contract shall be by written agreement of the Parties. 14. Each Party represents and warrants that the person executing this Amendment on its behalf has full power and authority to enter into this Amendment. Signature Page Follows DSHS Contract No.HHS001120300007 Page 4 of 5 Amendment No.2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC SIGNATURE PAGE FOR AMENDMENT No. 2 DSHS CONTRACT No. HHS001120300007 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) By: _ By: Printed Name: Printed Name: Title: Title: Date of Signature: Date of Signature: DSHS Contract No.HHS001120300007 Page 5 of 5 Amendment No.2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC ATTACHMENT B-2 REVISED BUDGET(SEPTEMBER 2022) CATEGORICAL EXPENDITURES Calendar Year 2022: Calendar Year 2023: Budget Category March 1, 2022 — January 1, 2023 — December 31, 2022 December 31, 2023 PERSONNEL'S $64,270.00 $66,000.00 FRINGE BENEFITS $27,957.00 $28,710.00 TRAVEL $3,360.00 $0.00 EQUIPMENT $57,995.00 $0.00 SUPPLIES $16,205.00 $10,498.00 CONTRACTUAL $7,000.00 $0.00 OTHER $800.00 $0.00 TOTAL DIRECT CHARGES $177,587.00 $105,208.00 INDIRECT CHARGES $0.00 $0.00 TOTAL $177,587.00 $105,208.00 DSHS Contract No.HHS001120300007 Page 1 of 1 Amendment No.2 Attachment B-2 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC ATTACHMENT C-1 HHS UNIFORM TERMS AND CONDITIONS — GRANT VERSION 3.2 T EXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective— July 2022 Responsible Office: Chief Counsel DSHS Contract No.HHS001120300007 Page 1 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC ABOUT THIS DOCUMENT In this document,Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission(HHSC)and the Department of State Health Services(DSHS).These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted,as well as all applicable federal and state laws and regulations.Applicable federal and state laws and regulations may include,but are not limited to:2 CFR Part 200, Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS;Chapter 783 of the Texas Government Code;Texas Comptroller of Public Accounts'agency rules(including Uniform Grant and Contract Standards set forth in Title 34,Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts;and the Funding Announcement,Solicitation,or other instrument/documentation under which HHS was awarded funds.HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 2 of 29 DSHS Contract No.HHS001120300007 Page 2 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC TABLE OF CONTENTS ARTICLE I.DEFINITIONS AND INTERPRETIVE PROVISIONS...........................6 1.1 DEFINITIONS.........................................................................................................6 1.2 INTERPRETIVE PROVISIONS..................................................................................7 ARTICLE II.PAYMENT PROVISIONS.........................................................................8 2.1 PROMPT PAYMENT................................................................................................8 2.2 TAXES....................................................................................................................8 2.3 ANCILLARY AND TRAVEL EXPENSES...................................................................9 2.4 BILLING.................................................................................................................9 2.5 USE OF FUNDS.......................................................................................................9 2.6 USE FOR MATCH PROHIBITED..............................................................................9 2.7 PROGRAM INCOME...............................................................................................9 2.8 NONSUPPLANTING.................................................................................................9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III.STATE AND FEDERAL FUNDING.....................................................10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES.............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS..................11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS.................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS...........................................................................................................12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 3 of 29 DSHS Contract No.HHS001120300007 Page 3 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC ARTICLE VI.INTELLECTUAL PROPERTY.............................................................13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 15 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII.PROPERTY............................................................................................15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY.....17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. is 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX.GRANT REMEDIES,TERMINATION AND PROHIBITED ACTIVITIES......................................................................................................................19 9.1 REMEDIES............................................................................................................ 19 9.2 TERMINATION FOR CONVENIENCE.................................................................... 19 9.3 TERMINATION FOR CAUSE................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS....20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................20 9.6 POLITICAL ACTIVITIES.......................................................................................20 ARTICLE X.INDEMNITY..............................................................................................21 10.1 GENERAL INDEMNITY.........................................................................................21 10.2 INTELLECTUAL PROPERTY.................................................................................21 10.3 ADDITIONAL INDEMNITY PROVISIONS...............................................................22 ARTICLE XI.GENERAL PROVISIONS......................................................................22 11.1 AMENDMENTS.....................................................................................................22 11.2 NO QUANTITY GUARANTEES..............................................................................22 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 4 of 29 DSHS Contract No.HHS001120300007 Page 4 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC 11.3 CHILD ABUSE REPORTING REQUIREMENTS......................................................22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS..........................................................................23 11.5 INSURANCE AND BONDS......................................................................................23 11.6 LIMITATION ON AUTHORITY..............................................................................23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................24 11.8 SUBCONTRACTORS..............................................................................................24 11.9 PERMITTING AND LICENSURE............................................................................24 11.10 INDEPENDENT CONTRACTOR.............................................................................24 11.11 GOVERNING LAW AND VENUE...........................................................................25 11.12 SEVERABILITY.....................................................................................................25 11.13 SURVIVABILITY...................................................................................................25 11.14 FORCE MAJEURE................................................................................................25 11.15 NO IMPLIED WAIVER OF PROVISIONS ...............................................................26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................26 11.17 MEDIA RELEASES...............................................................................................26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS.............................................26 11.19 SOVEREIGN IMMUNITY.......................................................................................26 11.20 ENTIRE CONTRACT AND MODIFICATION...........................................................27 11.21 COUNTERPARTS..................................................................................................27 11.22 PROPERAUTHORITY...........................................................................................27 11.23 E-VERIFY PROGRAM..........................................................................................27 11.24 CIVIL RIGHTS......................................................................................................27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS.................................28 11.26 DISCLOSURE OF LITIGATION..............................................................................28 11.27 NO THIRD PARTY BENEFICIARIES.....................................................................29 11.28 BINDING EFFECT.................................................................................................29 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 5 of 29 DSHS Contract No.HHS001120300007 Page 5 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement,unless a different definition is specified,or the context clearly indicates otherwise,the following terms and conditions have the meanings assigned below: "Amendment"means a written agreement,signed by the Parties,which documents changes to the Grant Agreement. "Contract"or"Grant Agreement'means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables"means the goods,services,and work product,including all reports and project documentation,required to be provided by Grantee to the System Agency. "DSHS"means the Department of State Health Services. "Effective Date"means the date on which the Grant Agreement takes effect. "Federal Fiscal Year"means the period beginning October 1 and ending September 30 each year,which is the annual accounting period for the United States government. "GAAP"means Generally Accepted Accounting Principles. "GASB"means the Governmental Accounting Standards Board. "Grantee"means the Party receiving funds under this Grant Agreement.May also be referred to as"subrecipient"or"contractor"in this document. "HHSC"means the Texas Health and Human Services Commission. "Health and Human Services"or"HHS"includes HHSC and DSHS. "Intellectual Property Riehts"means the worldwide proprietary rights or interests, including patent,copyright,trade secret,and trademark rights,as such right may be evidenced by or embodied in: i. any idea,design,concept,personality right,method,process,technique, apparatus,invention,discovery,or improvement; ii. any work of authorship,including any compilation,computer code,website or web page design,literary work,pictorial work,or graphic work; iii. any trademark,service mark,trade dress,trade name,branding,or other indicia of source or origin; iv. domain name registrations;and v. any other proprietary or similar rights.The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment,by exclusive license,or by license with the right to grant sublicenses. "Parties"means the System Agency and Grantee,collectively. "Party"means either the System Agency or Grantee,individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DSHS Contract No.HHS001120300007 Page 6 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document"means the document executed by all Parties for this Grant Agreement. "Solicitation.""Funding Announcement"or"Request for Applications(RFA)"means the document(including all exhibits,attachments,and published addenda),issued by the System Agency under which applications for grant funds were requested,which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response"or"Application"means Grantee's full and complete Solicitation response(including any attachments and addenda),which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year"means the period beginning September 1 and ending August 31 each year,which is the annual accounting period for the State of Texas. "State of Texas Textravel"means the Texas Comptroller of Public Accounts'state travel rules,policies,and guidelines. "Statement of Work"means the description of activities Grantee must perform to complete the Project,as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product"means any and all works,including work papers,notes,materials, approaches,designs,specifications,systems,innovations,improvements,inventions, software,programs,source code,documentation,training materials,audio or audiovisual recordings,methodologies,concepts,studies,reports,whether finished or unfinished, and whether or not included in the deliverables,that are developed,produced,generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards"or"TxGMS"means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code,to promote the efficient use of public funds in local government and in programs requiring cooperation among local,state,and federal agencies.Under this Grant Agreement,TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency.Additionally,except as otherwise provided by applicable law,in the event of a conflict between TxGMS and applicable federal or state law,federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words"hereof.."herein,""hereunder,"and similar words refer to this Grant Agreement as a whole and not to any particular provision,section,attachment,or schedule of this Grant Agreement unless otherwise specified. C. The term"including"is not limiting and means"including without limitation"and, unless otherwise expressly provided in this Grant Agreement,(i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 7 of 29 DSHS Contract No.HHS001120300007 Page 7 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC (including this Grant Agreement)and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications,but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement,and(ii)references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating,amending,replacing, supplementing,or interpreting the statute or regulation. D. Any references to agreements,contracts,statutes,or administrative rules or regulations in the Grant Agreement are references to these documents as amended,modified,or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments,including those incorporated by reference,and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations,regulations,or policies to regulate the same or similar matters.All such limitations,regulations,and policies are cumulative. H. Unless otherwise expressly provided,reference to any action of the System Agency or by the System Agency by way of consent,approval,or waiver will be deemed modified by the phrase"in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement,Grantee must notify System Agency's designated contact in writing of any ambiguity,conflict,discrepancy,omission,or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict,discrepancy,omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement,Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement;and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement,relief,or time by reason of any ambiguity,conflict,discrepancy,exclusionary specification,omission,or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act.Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement,including,but not limited to,any federal, State,or local income,sales or excise taxes of Grantee or its employees.System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 8 of 29 DSHS Contract No.HHS001120300007 Page 8 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement,no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency.Ancillary expenses include,but are not limited to, costs associated with transportation,delivery,and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement,when the reimbursement of travel expenses is authorized by the Grant Agreement,all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines,which can currently be accessed at:https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement,Grantee shall bill the System Agency in accordance with the Grant Agreement.Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance.Unless otherwise required under the Grant Agreement,Grantee shall use Program Income,as provided in TxGMS,to further the Project,and Grantee shall spend the Program Income on the Project.Grantee shall identify and report Program Income in accordance with the Grant Agreement,applicable law,and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term,when earned,and may not carry Program Income forward to any succeeding term.Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned.The System Agency may base future funding levels,in part,upon Grantee's proficiency in identifying,billing,collecting,and reporting Program Income,and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing,new or corresponding programming and related activities.Grant funds may not be used to supplant(replace)existing funds that have been appropriated,allocated,or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review,among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.2 Effecrive July 2022 Page 9 of 29 DSHS Contract No.HHS001120300007 Page 9 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements.For subrecipients receiving federal funds,indirect cost rates will be determined in accordance with applicable law including,but not limited to,2 CFR 200.414(f).For recipients receiving state funds,indirect costs will be determined in accordance with applicable law including,but not limited to,TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation,the provisions of federal law or regulation will apply.Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance(UGG)and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation,without penalty to System Agency,either in whole or in part,subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subj ect to actions of the Texas Legislature.If System Agency becomes subj ect to a legislative change,revocation of statutory authority,or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary,the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section,System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation,and System Agency will not be required to give prior notice.Additionally,System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including,but not limited to,delinquent taxes,delinquent student loan payments,and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion,the System Agency may(i)withhold all or part of any payments to Grantee to offset overpayments,unallowable or ineligible costs made to the Grantee,or if any required financial status report(s)is not submitted by the due date(s);or(ii)require Grantee to promptly refund or credit-within thirty(30)calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DSHS Contract No.HHS001120300007 Page 10 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC B. "Overpayments"as used in this Section include payments(i)made by the System Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws,rules,or regulations;or(iii)that are otherwise inconsistent with this Grant Agreement,including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s)of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards(TxGMS)and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS,including the criteria for Allowable Costs.Additional federal requirements apply if this Grant Agreement is funded,in whole or in part,with federal funds. B. System Agency will reimburse Grantee for actual,allowable,and allocable costs incurred byCnantee inperformingthe Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement.At its sole discretion,the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup)from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles,audit requirements,and administrative requirements including applicable provisions under 2 CFR 200,48 CFR Part 31,and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form.If Grantee fails to complete the form within thirty(30)calendar days after receipt of notice,Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee,within Grantee's fiscal year,expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS($750,000)in federal funds awarded,Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DSHS Contract No.HHS001120300007 Page 11 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC threshold amount includes federal funds passed through by way of state agency awards. iv. If Grantee,within Grantee's fiscal year,expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS(5750,000)in state funds awarded,Grantee shall have a single audit or program-specific audit in accordance with TxGMS.The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200,Government Auditing Standards,and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS,as applicable,for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years.Grantee shall procure audit services in compliance with this section,state procurement procedures,as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit,must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year,Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal athttys://hhsl)ortal.hhs.state.tx.us/heartwebextr/hhscSauor, ii. Email to: single audit renortAhhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end,Grantees not required to submit an audit,shall submit one electronic copy of their financial statements via: i. HHS portal athttpsJ/hhsportal.hhs.state.tx.us/heartwebextr/hhscSau;or, ii. Email to: single audit renortAhhsc.state.tx.us. ARTICLE V. WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement,in the applicable trade, profession,or industry;shall conform to or exceed the specifications set forth in the Grant Agreement;and all deliverables shall be fit for ordinary use,of good quality,and with no material defects.If System Agency,in its sole discretion,determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement,the System Agency may require Grantee,at its sole expense,to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and,in conjunction therewith,require Grantee to accept the return of such work; and, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DSHS Contract No.HHS001120300007 Page 12 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 5.2 GENERAL AFFIRMATIONS Grantee certifies that,to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that,to the extent federal assurances are incorporated into the Grant Agreement,the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that,to the extent federal certifications are incorporated into the Grant Agreement,the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition,Grantee certifies that it is in compliance with all applicable federal laws,rules,and regulations,as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated,the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right,title,and interest in the Work Product,including all Intellectual Property Rights therein,is exclusively owned by System Agency.Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be"work made for hire"owned by System Agency,as provided by Title 17 of the United States Code.To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law,Grantee hereby irrevocably assigns and transfers to System Agency,its successors and assigns,the entire right,title,and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith,and in and to all works based upon,derived from,or incorporating the Work Product,and in and to all income,royalties,damages, claims and payments now or hereafter due or payable with respect thereto,and in and to all causes of action,either in law or in equity for past,present or future infringement based on the copyrights,and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DSHS Contract No.HHS001120300007 Page 13 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency,Grantee hereby grants to System Agency an exclusive, worldwide,royalty-free,transferable,irrevocable,and perpetual license,with the right to sublicense,to reproduce,distribute,modify,create derivative works of,publicly perform and publicly display,make,have made,use,sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises,and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works'),Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license,with the right to sublicense,to use,reproduce,modify,copy,create derivative works of,publish,publicly perform and display,sell,offer to sell,make and have made,the Incorporated Pre-existing Works,in any medium,with or without the associated Work Product. C. Grantee represents,warrants,and covenants to System Agency that Grantee has all necessary right and authorityto grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee,Grantee hereby grants to System Agency,or shall obtain from the applicable third party for System Agency's benefit,the irrevocable,perpetual,non-exclusive, worldwide,royalty-free right and license,for System Agency's internal business or governmental purposes only,to use,reproduce,display,perform,distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product,and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product,and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating athird party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written,binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI,Intellectual Property. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 14 of 29 DSHS Contract No.HHS001120300007 Page 14 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request,Grantee shall deliver to System Agency all completed,or partially completed,Work Product,including any Incorporated Pre-existing Works,and any and all versions thereof Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement.Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties,all data and information acquired,accessed,or made available to Grantee by,through,or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed,transmitted,or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"),is owned solely by System Agency. B. Grantee has no right or license to use,analyze,aggregate,transmit,create derivatives of, copy,disclose,or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt,Grantee is expressly prohibited from using,and from permitting any third party to use, System Agency Data for marketing,research,or other non-governmental or commercial purposes,without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency,including to System Agency's designated vendors,as directed in writing by System Agency.The foregoing shall be at no cost to System Agency. E. Furthermore,the proprietary nature of Grantee's systems that process,store,collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII.PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes,but is not limited to,System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers,cell phones,iPads or tablets,external hard drives,data storage devices,any System Agency-issued software,and the System Agency Virtual Private Network(VPN client)),and any other resources of System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DSHS Contract No.HHS001120300007 Page 15 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. E. During the time that State Property is in the possession of Grantee,Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear,and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope.Grantee shall fully reimburse such charges to System Agency within ten(10)calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract,at law,or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction,or damage to any System Agency or State of Texas owned,leased,or occupied property or equipment by Grantee or Grantee's employees, agents,Subcontractors,or suppliers,Grantee shall be liable to System Agency and the State of Texas for the full cost of repair,reconstruction,or replacement of the lost, destroyed,or damaged property. B. Grantee shall notify System Agency of the loss,destruction,or damage of equipment or property within one(1)business day.Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10)calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss,damage,or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment,whether acquired in part or whole with grant funds,until disposition occurs. H When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency,the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS,as applicable.Upon termination of this Grant Agreement,use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency,as applicable. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DSHS Contract No.HHS001120300007 Page 16 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D. Controlled Assets include firearms,regardless of the acquisition cost,and the following assets with an acquisition cost of$500 or more,but less than$5,000: desktop and laptop computers(including notebooks,tablets and similar devices),non-portable printers and copiers,emergency management equipment,communication devices and systems, medical and laboratory equipment,and media equipment.Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB,as applicable,full,true,and complete records necessary to fully disclose to the System Agency,the Texas State Auditor's Office,the United States Government,and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules,regulations,and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement,including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven(7)years after the Grant Agreement expiration date or seven(7)years after all audits,claims,litigation or disputes involving the Grant Agreement are resolved,whichever is later. 8.2 AGENCY's RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice,and for reasonable periods,work papers,reports,books,records,supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring,auditing,or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law,Grantee and any of Grantee's affiliate or subsidiary organizations,or Subcontractors shall permit the System Agency or any of its duly authorized representatives,as well as duly authorized federal, state or local authorities,unrestricted access to and the right to examine any site where business is conducted or services are performed,and all records,which includes but is not limited to financial,client and patient records,books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds,federal agencies that shall have a right of access to records as described in this section include:the federal agency providing the funds,the Comptroller General of the United States,the General Accounting Office,the Office of the Inspector General,and any of their authorized HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DSHS Contract No.HHS001120300007 Page 17 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC representatives. In addition,agencies of the State of Texas that shall have a right of access to records as described in this section include:the System Agency,HHS's contracted examiners,the State Auditor's Office,the Office of the Texas Attorney General,and any successor agencies.Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority,for the purpose of investigation or hearing,Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment,and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to,and examination of,sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSEXOMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors'compliance with all corrections necessary to address any finding of noncompliance with any law,regulation,audit requirement,or generally accepted accounting principle,or any other deficiency identified in any audit,review,or inspection of the Grant Agreement and the services and Deliverables provided.Any such correction will be at Grantee's or its Subcontractor's sole expense.Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services,Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT To AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement.The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor,under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the stats auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent,any System Agency information including but not limited to System Agency's business activities,practices,systems,conditions and services.This section will survive termination or expiration of this Grant Agreement.This requirement must be included in all subcontracts awarded by Grantee. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DSHS Contract No.HHS001120300007 Page 18 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC ARTICLE IX. GRANT REMEDIES,TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including,but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending,limiting,or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements;and x. imposing any other remedies,sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute,law,regulation or rule. B. Unless expressly authorized by System Agency,Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law.Additionally,no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance,waiver,or cure of Grantee's breach.Unless expressly authorized by System Agency,Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement,in whole or in part,at any time when,in its sole discretion,the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S.Bankruptcy Code,or any successor law,the System Agency may tenninate the Grant Agreement,in whole or in part,upon either of the following conditions: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DSHS Contract No.HHS001120300007 Page 19 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part,if the System Agency determines,in its sole discretion,that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws,ordinances, rules,regulations or orders of any public authority having jurisdiction,whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement.Grantee's misrepresentation in any aspect including, but not limited to,of Grantee's Solicitation Application,if any,or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency,in its sole discretion,determines that Grantee no longer maintains the financial viability required to complete the services and deliverables,or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified,the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause,the Grantee shall be responsibleto the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include,but are not limited to,the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities,such as proselytizing,scripture study,or worship.Grantees may engage in inherently religious activities;however,these activities must be separate in time or location from the grant- funded program.Moreover,grantees must not compel program beneficiaries to participate in inherently religious activities.These requirements apply to all grantees,not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes,including lobbying,advocating for legislation,campaigning for,endorsing,contributing to,or otherwise supporting political candidates or parties,and voter registration campaigns.Grantees may use private,or non-System Agency money or contributions for political purposes but may not charge to,or be reimbursed from,System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary,benefits,or any other compensation of an elected official. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DSHS Contract No.HHS001120300007 Page 20 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC C. Grant funds may not be used to employ,in any capacity,a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist.Additionally,grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable,Grantee will comply with 31 USC§ 1352,relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES,CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS,CLAIMS,DEMANDS,OR SUITS,AND ALL RELATED COSTS, ATTORNEYS'FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES,SUBCONTRACTORS,ORDER FULFILLERS,OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS,OR INFRINGEMENT OF ANY PATENT,TRADEMARK,COPYRIGHT,TRADE SECRET,OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; ii. ANY DELIVERABLE,WORK PRODUCT,CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR A SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of29 DSHS Contract No.HHS001120300007 Page 21 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS'FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES,COSTS,EXPENSES OR OTHER AMOUNTS,INCLUDING,BUT NOT LIMITED TO,ATTORNEYS'FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM.IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided,the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 No QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement.All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261.This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall use the Texas Abuse Hotline Website located at httys://www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DSHS Contract No.HHS001120300007 Page 22 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products,including but not limited to cigarettes,cigars,pipes,water pipes(hookah),bidis,kreteks,electronic cigarettes, smokeless tobacco,snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a"designated area,"which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place,as well as Grantee owned,leased,or controlled sidewalks,parking lots,walkways,and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area;and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards,it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract,Grantee shall acquire and maintain,for the duration of this Contract,insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance,in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required underthis Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy,upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract,Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires duringthe term of this Contract,Grantee must produce renewal certificates for each type of coverage.In addition,if required by System Agency,Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds,including applicable matching funds.The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity,above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors,if any.Grantee is responsible for ensuring its Subcontractors'compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement;no other authority,power,or use is granted or implied.Grantee may not incur any debt, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 23 of 29 DSHS Contract No.HHS001120300007 Page 23 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC obligation,expense,or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate,amend,or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program;or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However,upon System Agency request and with reasonable notice from System Agency to the Grantee,the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws,regulations,requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas,as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement.Notwithstanding Section 11.1,Amendments, above,System Agency reserves the right,in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance,as an agency of the State of Texas,with all applicable state and federal laws,regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts,if any, entered into by the Grantee shall be in writing and be subj ect to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement,Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s)of Grantee.In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense,Grantee shall procure and maintain for the duration of this Grant Agreement any state,county,city,or federal license,authorization,insurance,waiver, permit,qualification or certification required by statute,ordinance,law,or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement.Grantee shall be responsible for payment of all taxes,assessments,fees,premiums,permits,and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees,representatives,agents,Subcontractors,suppliers,and third-party service providers shall serve as independent contractors in providing the services HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DSHS Contract No.HHS001120300007 Page 24 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC under the Grant Agreement.Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf.The Grantee is not a "governmental body"solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement.Grantee shall have no claim against System Agency for vacation pay,sick leave,retirement benefits,social security,worker's compensation,health or disability benefits,unemployment insurance benefits,or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership,agency,or employment relationship between Grantee and System Agency. 11.11 GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas,without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County,Texas,unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity,such construction will not affect the legality,validity,or enforceability of any other provision or provisions of this Grant Agreement.It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid,legal and enforceable while preserving its intent or,if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective.All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination,or that is necessary to fulfill the essential purpose of the Grant Agreement,including without limitation the provisions regarding return of grant funds,audit requirements,records retention,public information, warranty,indemnification,confidentiality,and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in,or failure of performance,of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war,fires,explosions,hurricanes,floods,failure of transportation,or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid,and which,by the exercise of all reasonable due diligence,such party is unable to overcome. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DSHS Contract No.HHS001120300007 Page 25 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach,or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement,or disclosure relating to this Grant Agreement including any promotional material without first obtaining written consent from System Agency. The foregoing prohibition includes,without limitation,the placement of banners,pop-up ads,or other advertisements promoting Grantee's or athird party's products,services,workshops,trainings,or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general,no publication(including websites,reports,projects,etc.)may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency.Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate,control,are responsible for,or necessarily endorse,this publication(including, without limitation,its content,technical infrastructure,and policies,and any services or tools provided)"at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name,logo,or other likeness in any press release,marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity,or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent,and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish,at its sole expense,results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval,which the System Agency may exercise at its sole discretion. Any publication(written,visual,or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions,such as non-compete clauses or other contractual arrangements,that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity.This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges,rights,defenses,remedies,or immunities available to the HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 26 of 29 DSHS Contract No.HHS001120300007 Page 26 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC System Agency or the State of Texas.The failure to enforce,or any delay in the enforcement, of any privileges,rights,defenses,remedies,or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges,rights,defenses,remedies,or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges,rights,defenses,or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extent possible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts,each of which will be an original,and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S.Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the tern of the Grant Agreement;and B. all persons,(including subcontractors)assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws,including: i. Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973(29 U.S.C. §794); iii. Americans with Disabilities Act of 1990(42 U.S.C. §12 101 et seq.); iv. Age Discrimination Act of 1975(42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972(20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008(7 U.S.C. §2011 et seq.);and vii. The System Agency's administrative rules,as set forth in the Texas Administrative Code,to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws,and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may,on the grounds of race,color, national origin,sex,age,disability,political beliefs,or religion,be excluded from HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 27 of 29 DSHS Contract No.HHS001120300007 Page 27 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC participation in or denied any aid,care,service or other benefits provided by Federal or State funding,or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964,and its implementing regulations at 45 C.F.R.Part 80 or 7 C.F.R.Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs,benefits,or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English.Grantee agrees to take reasonable steps to provide services and information,both orally and in writing,in appropriate languages other than English,in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs,benefits,and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: https://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil-rights-posters. E. Grantee agrees to comply with Executive Order 13279,and its implementing regulations at 45 C.F.R.Part 87 or 7 C.F.R.Part 16.These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request,Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement.This notice must be delivered no more than ten(10)calendar days after receipt of a complaint.Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W.51st Street,Mail CodeW206 Austin,Texas 78751 Phone Toll Free: (888)388-6332 Phone:(512)438-4313 Fax:(512)438-5885 Email:HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data,Analytics,and Performance.These include,but are not limited to,standards for documentation and communication of data models,metadata,and other data definition methods that are required by HHS for ongoing data governance,strategic portfolio analysis,interoperability planning,and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DSHS Contract No.HHS001120300007 Page 28 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC pending involving the Grantee."Threatened litigation"as used herein shall include governmental investigations and civil investigative demands."Litigation"as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors,consultants,and/or lobbyists.For purposes of this section,"material" refers,but is not limited,to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work,together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement;any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns,and no other person shall have any right,interest,or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as athird-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of,be binding upon,and be enforceable against each Party and their respective permitted successors,assigns,transferees,and delegates. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 29 of 29 DSHS Contract No.HHS001120300007 Page 29 of 29 Amendment No.2 Attachment C-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC ATTACHMENT D-1 HHS CONTRACT AFFIRMATIONS VERSION 2.2 HEALTH AND HUMAN SERVICES Contract Number Attachment _CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations,HHS includes both the Health and Human Services Commission(HHSC)and the Department of State Health Services(DSHS). System Agency refers to HHSC,DSHS,or both,that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees(referred to as"Contractor")regardless of their business form(e.g.,individual,partnership,corporation). By entering into this Contract,Contractor affirms,without exception,understands,and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals,officers,directors,shareholders,partners,owners, agents,employees,subcontractors,independent contractors,and any other representatives who may provide services under,who have a financial interest in,or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current,complete,and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code)as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas.Information,documentation,and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code,Contractor is required to make any information created or exchanged with the State pursuant to the Contract,and not otherwise excepted from disclosure under the Texas Public Information Act,available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a)of the Texas Government Code.Except as provided by Section 552.374(c)of the Texas Government Code,the requirements of Subchapter J(Additional Provisions Related to Contracting Information),Chapter 552 of the Government Code,may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 1 of 13 DSHS Contract No.HHS001120300007 Page 1 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge,or transfer the Contract.Upon receipt of System Agency's notice of assignment,pledge,or transfer,Contractor shall cooperate with System Agency in giving effect to such assignment,pledge,or transfer,at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation,if any,under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS'terms and conditions,if any,are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce,and distribute copies of and to disclose to HHS employees,agents,and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given,has not offered to give,and does not intend to give at any time hereafter any economic opportunity,future employment,gift,loan,gratuity,special discount,trip,favor,or service to a public servant in connection with this Contract or any related Solicitation,or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004,Texas Government Code(relating to financial participation in preparing solicitations),Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code(relating to convictions and penalties regarding Hurricane Rita,Hurricane Katrina,and other disasters),the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DSHS Contract No.HHS001120300007 Page 2 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d)of the Texas Family Code regarding child support,Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate.If the certification is shown to be false,Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SHIM)maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689,Debarment and Suspension,2 C.F.R.Part 376,and any relevant regulations promulgated by the Department or Agency funding this project.This provision shall be included in its entirety in Contractor's subcontracts,if any,if payment in whole or in part is from federal fiends. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,"published by the United States Department of the Treasury,Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran,Sudan,or a foreign terrorist organization,as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code,relating to contracting with the executive head of a state agency,Contractor certifies that it is not(1) the executive head of an HHS agency,(2)a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency,or(3)a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code,Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 3 of 13 DSHS Contract No.HHS001120300007 Page 3 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005,556.0055,or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists,lobbying expenses,or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency,Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment,then Contractor certifies that it is in compliance with Subchapter Y,Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment,then Contractor certifies that it is compliance with Subchapter Z,Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors,officers,or employees of Contractor have access to any state computer system or database,the Contractor, Subcontractors,officers,and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code,Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DSHS Contract No.HHS001120300007 Page 4 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 26. Restricted Employment for Certain State Personnel Contractor acknowledges that,pursuant to Section 572.069 of the Texas Government Code,a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that,if after execution of the Contract,Contractor discovers or is made aware of a Conflict of Interest,Contractor will immediately and fully disclose such interest in writing to System Agency. In addition,Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest,and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste,and Abuse Contractor understands that HHS does not tolerate any type of fraud,waste,or abuse. Violations of law,agency policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022,if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost,misappropriated,or misused,or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity,the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office(SAO). All employees or contractors who have reasonable cause to believe that fraud,waste,or abuse has occurred(including misconduct by any HHS employee,Grantee officer,agent, employee,or subcontractor that would constitute fraud,waste,or abuse)are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws,rules,regulations,and System Agency policies regarding fraud,waste, and abuse including,but not limited to,HHS Circular C-027. A report to the SAO must be made through one of the following avenues: •SAO Toll Free Hotline: 1-800-TX-AUDIT •SAO website:http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DSHS Contract No.HHS001120300007 Page 5 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC •OIG Toll Free Hotline 1-800-436-6184 •OIG Website: ReportTexasFraud.com •Internal Affairs Email:InternalAffalrSReferral@hhsc.state.tx.us •OIG Hotline Email:OIGFraudHotline@hhsa.state.tx.us. •OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin,Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response,neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act,Tex.Bus.&Comm.Code Chapter 15; B. in connection with this Contract and any related Solicitation Response,neither I nor any representative of the Contractor has violated any federal antitrust law;and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company,corporation,firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding,investigation,or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five(5)calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract,relate to the contracted or similar goods or services,or otherwise be relevant to System Agency's consideration of entering into this Contract.If Contractor is unable to make the preceding representation and warranty,then Contractor instead represents and warrants that it has provided to System Agency a complete,detailed disclosure of any such court or governmental agency proceeding,investigation,or other action that would or could impair Contractor's performance under this Contract,relate to the contracted or similar goods or services,or otherwise be relevant to System Agency's consideration of entering into this Contract.In addition,Contractor acknowledges this is a continuing disclosure requirement.Contractor represents and warrants that Contractor shall notify System Agency in writing within five(5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DSHS Contract No.HHS001120300007 Page 6 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees,agents,or representatives,including any subcontractors and employees,agents,or representative of such subcontractors,have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code,or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings.Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1)it does not,and shall not for the duration of the Contract,boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract.If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services,Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas;and 2. all persons,including subcontractors,assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract,a professional services contract under Chapter 2254 of the Texas Government Code,or a consulting services contract under Chapter 2254 of the Texas Government Code,in accordance with Section 2252.901 of the Texas Government Code,Contractor represents and warrants that neither Contractor nor any of Contractor's employees including,but not limited to,those authorized to provide services under the Contract,were former employees of an HHS Agency during the twelve(12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DSHS Contract No.HHS001120300007 Page 7 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code,a Contractor providing consulting services who has been employed by,or employs an individual who has been employed by,System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct,and complete: 1. Name of individual(s)(Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination;and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above,Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands,acknowledges,and agrees that,pursuant to Article IX of the General Appropriations Act(the Act),to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that,during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned,managed,or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program;or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241,Health and Safety Code,or an office exempt under Section 245.004(2),Health and Safety Code.Contractor represents and warrants that it is not ineligible,nor will it be ineligible during the term of this Contract,to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands,acknowledges,and agrees that,pursuant to Chapter 2272(eff. Sept. 1,2021,Ch.2273)of the Texas Government Code,except as exempted under that Chapter,HHSC cannot contract with an abortion provider or an affiliate of an abortion provider.Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272(eff. Sept. 1,2021,Ch.2273)of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DSHS Contract No.HHS001120300007 Page 8 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code,Section 161.0085(c),Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to,or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13,Acts 2021,87th Leg.,R.S.,pursuant to Section 2274.002 of the Texas Government Code(relating to prohibition on contracts with companies boycotting certain energy companies),Contractor represents and warrants that: (1)it does not,and will not for the duration of the Contract,boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract.If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19,Acts 2021,87th Leg.,R.S.,pursuant to Section 2274.002 of the Texas Government Code(relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries),Contractor verifies that:(1)it does not,and will not for the duration of the Contract,have apractice, policy,guidance,or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract.If circumstances relevant to this provision change during the course of the Contract,Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475,Acts 2021,87th Leg.,R.S.,pursuant to Texas Government Code,Section 2054.138,Contractor understands,acknowledges,and agrees that if,pursuant to this Contract,Contractor is or will be authorized to access,transmit, use,or store data for System Agency,Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9 of 13 DSHS Contract No.HHS001120300007 Page 9 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 44. Cloud Computing State Risk and Authorization Management Program(TX-RAMP) In accordance with Senate Bill 475,Acts 2021,87th Leg.,R.S.,pursuant to Texas Government Code,Section 2054.0593,Contractor acknowledges and agrees that,if providing cloud computing services for System Agency,Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program,Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799,Acts 2021,87th Leg.,R.S.,if Texas Government Code,Section 531.102(m-1)(2)is applicable to this Contract,Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians,Optometrists,and Registered Nurses In accordance with Senate Bill 799,Acts 2021,87th Leg.,R.S.,if Texas Government Code,Section 2254.008(a)(2)is applicable to this Contract,Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code,Section 2274.0102(a)(1)(relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure)is applicable to this Contract,pursuant to Government Code Section 2274.0102,Contractor certifies that neither it nor its parent company,nor any affiliate of Contractor or its parent company,is: (1)majority owned or controlled by citizens or governmental entities of China,Iran,North Korea,Russia,or any other country designated by the Governor under Government Code Section 2274.0103,or(2)headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph,the designated countries are China,Iran,North Korea, Russia,and any countries lawfully designated by the Governor as athreat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure,as defined by Section 113.001 of the Texas Business and Commerce Code,in this state,other than access specifically allowed for product warranty and support purposes to any subcontractor unless(i)neither the subcontractor nor its parent company,nor any affiliate of the subcontractor or its parent company,is majority owned or controlled by citizens or governmental entities of a designated country;and(ii) neither the subcontractor nor its parent company,nor any affiliate of the subcontractor or its parent company,is headquartered in a designated country.Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DSHS Contract No.HHS001120300007 Page 10 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC access to or control of critical infrastructure,as defined by Section 113.001 of the Texas Business&Commerce Code,in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957,Acts 2021,87th Leg.,R.S.,if Texas Government Code,Section 2.101 is applicable to Contractor,Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands,acknowledges,and agrees that,pursuant to Article II of the General Appropriations Act,(1)no funds shall be used to pay the direct or indirect costs (including marketing,overhead,rent,phones,and utilities)of abortion procedures provided by contractors of HHSC;and(2)no funds appropriated for Medicaid Family Planning,Healthy Texas Women Program,or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible,nor will it be ineligible during the term of this Contract,to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands,acknowledges,and agrees that any false representation or any failure to comply with a representation,warranty,or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including,but not limited to,immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current,complete,true,and accurate.Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further,Contractor understands,acknowledges,and agrees that any false representation or any failure to comply with a representation,warranty,or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including,but not limited to,immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city,county,state,and federal rules,regulations,statutes,codes,and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DSHS Contract No.HHS001120300007 Page 11 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970,as amended(29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DSHS Contract No.HHS001120300007 Page 12 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-4lA4-9996-8231EDCAC7CC Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor,if applicable(d/b/a or`doing business as') Texas County(s)for Assumed Business Name(d/b/a or`doing business as') Attach Assumed Name Certificate(s)filed with the Texas Secretary of State and Assumed Name Certificate(s),if any,for each Texas County Where Assumed Name Certificate(s)has been filed. Signature of Authorized Representative Date Signed Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial,and Last Name Physical Street Address City,State,Zip Code Mailing Address,if different City,State,Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Identification Number(TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier(UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DSHS Contract No.HHS001120300007 Page 13 of 13 Amendment No.2 Attachment D-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC ATTACHMENT F-1 FEDERAL ASSURANCES View Burden Statement OMB Number:4040-0007 Expiration Date: 02/282025 ASSURANCES-NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program.If you have questions,please contact the awarding agency.Further,certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U. of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age,(e)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse,(f)the Comprehensive Alcohol Abuse and of the United States and,if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616),as amended, relating to the right to examine all records,books,papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 et sec.),as using their positions for a purpose that constitutes or amended,relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing;(i)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made,and,(j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C.§§4728-4763)relating to prescribed requirements Titles II and III standards for merit systems for programs funded under Relocation Assistance and Reall Property Acquisition the Uniform Policies Act of 1970(P.L.91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration(5 C.F.R.900,Subpart F). federally-assisted programs.These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination.These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) which prohibits discrimination on the basis of race,color 8. Will comply,as applicable,with provisions of the or national origin,(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972,as amended(20 U.S.C.§§1 681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DSHS Contract No.HHS001120300007 Page 1 of 2 Amendment No.2 Attachment F-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC 9. Will comply,as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Act of 1966,as amended(16 U.S.C.§470),EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties),and 333),regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C.§§469a-1 et sec.). 10. Will comply,if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research,development,and Protection Act of 1973(P.L.93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)pertaining to the care,handling,and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching,or prescribed pursuant to the following:(a)institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L.91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO)11514;(b)notification of violating Prevention Act(42 U.S.C.§§4801 et seq.)which facilities pursuant to EO 11738;(c)protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990;(d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988;(e)assurance of 17. Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C.§§1451 et seq.),(f)conformity of "Audits of States,Local Governments,and Non-Profit Federal actions to State(Clean Air)Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955,as amended(42 U.S.C.§§7401 et sec.),(g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders,regulations,and policies Drinking Water Act of 1974,as amended(P.L.93-523), governing this program. and,(h)protection of endangered species under the Endangered Species Act of 1973,as amended(P.L.93- 19, Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000,as amended(22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968(16 U.S.C.§§1271 et seq.)related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3)Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE FI I I APPLICANT ORGANIZATION DATE SUBMITTED Standard Fonn 424B(Rev.7-97)Back DSHS Contract No.HHS001120300007 Page 2 of 2 Amendment No.2 Attachment F-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC ATTACHMENT H-1 FFATA CERTIFICATION FORM '+y TE�as Teea50epartment of State 5—i and Numan services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name,Email and Phone Number): Primary Address of Contractor: Zip Code:9-digits required www.usos.com Unique Entity ID(UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.00v (VIN)—14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734-April 2022 Contract Management Section DSHS Contract No.HHS001120300007 Page 1 of 2 Amendment No.2 Attachment H-1 DocuSign Envelope ID:A6E76B96-3705-41A4-9996-8231EDCAC7CC Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative(Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true,complete,and correct to the best of my knowledge. Did your organization have a gross income,from all sources,of less than$300,000 in your previous tax year? Yes No If your answer is"Yes", skip questions"A", "B", and "C"and finish the certification. If your answer is"No", answer questions"A" and "B". A. Certification Regarding %of Annual Gross from Federal Awards. Did your organization receive 80%or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes No ❑ B.Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive$25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes❑ No ❑ If your answer is"Yes"to both question"A" and "B", you must answer question "C. If your answer is"No" to either question"A" or"B", skip question "C" and finish the certification. C.Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches,and all affiliates worldwide)through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If your answer is"Yes"to this question, where can this information be accessed? If your answer is"No"to this question,you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: z Department of State Health Services Form 4734—April 2022 Contract Management Section DSHS Contract No.HHS001120300007 Page 2 of 2 Amendment No.2 Attachment H-1 DocuSign Certificate Of Completion Envelope Id:A6E76B96370541A499968231EDCAC7CC Status:Sent Subject: $282,795.00 HHS001120300007 Corpus Christi-Nueces City A-2, HIV-DIS Source Envelope: Document Pages:52 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials:0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.I nternal Routing@dshs.texas.gov IP Address: 167.137.1.13 Record Tracking Status:Original Holder: CMS Internal Routing Mailbox Location: DocuSign 9/26/2022 1:05:30 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Steve Viera Sent:9/26/2022 1:35:52 PM SteveV@cctexas.com Corpus Christi-Nueces County Public Health Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 3/1/2022 5:00:47 PM ID:4f8f2f59-1a8a-43c3-a675-dd40eae6c04f Susana Garcia Susana.Garcia@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/26/2022 12:59:53 PM ID: 13f269d8-cd9a-49b6-bb60-8ddfe1b2df9f Patty Melchior Patty.Melchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 Imelda Garcia ImeldaM.Garcia@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/6/2021 8:08:45 AM ID: 1a6909aa-b026-45a9-be9f-4240c2e32ff9 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Amber VascheCOPIED Sent:9/26/2022 1:35:50 PM amber.vasche@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kevin Hensley Sent:9/26/2022 1:35:51 PM kevinhe@cctexas.com ED Viewed: 9/26/2022 1:36:36 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/26/2022 1:35:50 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 9/14/2020 7:10:18 PM Parties agreed to:Steve Viera,Susana Garcia, Patty Melchior, Imelda Garcia ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Two Reading Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $72,379 for calendar year 2022, and $105,208.00 for calendar year 2023 to provide STD/HIV prevention and control services; and amending the operating budget. City Council October 25, 2022 Summary and Background 2022 STD/HIV-DIS Prevention Services Grant Program The STD/HIV-DIS Prevention Services Grant is a contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District that awarded annually. The Texas Department of State Health Services (DSHS) has awarded an increase to an existing grant contract for the STD/HIV-DIS Prevention in the amount of$72,379.00 for FY2022, to provide control HIV, Syphilis and Congenital Syphilis within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). • Grant Contract period from March 1, 2022, through December 31, 2022 • This amendment will increase the grant award by$72,379. • Two assets will be purchased with this supplemental funding. o An Arlington Scientific Evolution RPR Analyzer o Piccolo Express Chemistry Analyzer machine o Supporting testing kits and supplies will also be purchased with these supplemental funds. Fiscal Impact and Staff Recommendation 2022 STD/HIV-DIS Prevention Services Grant Program The existing FY 2022 grant award is in the amount of$105,208.00 that was approved by City Council. Once amendment is approved grant award will increase by $72,379.00. Total Operating budget after the amendment is $177,587 for FY22 Fiscal Impact: • The funding increase will not change current FTE levels o 1 FTE grant funded position Staff Recommendation: Approval of the two-reading ordinance. Fiscal Impact and Staff Recommendation 2023 STD/HIV-DIS Prevention Services Grant Program The grant is a contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District in the amount of$105,208 for the contract period of January 1, 2023, through December 31, 2023, to provide control HIV, Syphilis and Congenital Syphilis within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). • To be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to prevent and control HIV, Syphilis and Congenital Syphilis within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). • Total Operating budget is in the amount of$105,208 for FY23 Fiscal Impact: • The grant requires no match.All positions are 100% grant funded. o 1 FTE grant funded position Staff Recommendation: Approval of the two-reading ordinance. se o H v AGENDA MEMORANDUM /ryIORPOHPI EO First Reading Ordinance for the City Council Meeting 10/25/22 1852 Second Reading Ordinance for the City Council Meeting 11/01/22 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveV(o-)-cctexas.com 361-826-3445 Acceptance of the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of$48,348 with a grant match of$9,670, and appropriation of the funds for the contract period January 1, 2023, through December 31, 2023. CAPTION: Ordinance to accept and amend a grant contract for the Tuberculosis Prevention and Control- Federal (TB/PC-FED) grant in the amount of$48,348 from the Texas Department of State Health Services in the Health Grants fund with a City match of$9,670, to provide tuberculosis prevention and control services. SUMMARY: To be used to provide for personnel costs to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract in the amount of $48,348 to provide for personnel costs to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the CCNCPHD. Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($9,670) of the grant amount of$48,348. DSHS is allowing the CCNCPHD to use 20% of the annual salary of the TB Program Manager who is paid by the City of Corpus Christi General Fund to satisfy the 20% grant match requirement. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. FINANCIAL IMPACT: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($9,760) of the grant amount of$48,348. The City match has been included in various accounts for FY 2023. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organ ization/Activity: 830523F Mission Element: 102 Provide & Manage Medical Clinics Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001096400011 Amendment No. 1 Ordinance COF Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract between the Department of State Health Services and the Corpus Christi-Nueces County Public Health District to add $48,348 with a City match of $9,670 for Tuberculosis Prevention and Control — Federal Grant Program to provide tuberculosis prevention and control services for the period January 1, 2023, through December 31, 2024; and amending the operating budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to amend Contract No. HHS001096400011 (the "Contract") with the Department of State Health Services ("DSHS") to increase the amount by $48,348.00 with a City match of $9,670.00 for the period January 1 , 2023, through December 31, 2023, to provide tuberculosis prevention and control services under the Tuberculosis ('713") Prevention and Control-Federal Health Grant. SECTION 2. That the grant in the amount of $48,348.00 and City Match of $9,670.00 is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant program in the Health Department. SECTION 3. The FY2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase revenues and expenditures by $58,018.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 5. A copy of the executed health grant contract shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 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 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 the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS001096400011 AMENDMENT NO. 1 The DEPARTMENT OF STATE HEALTH SERVICES(System Agency or DSHS) and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) (Local Government or Grantee), Parties to that certain Tuberculosis Prevention and Control Grant Contract, effective January 1, 2022, and denominated as DSHS Contract No. HHS001096400011 (the "Contract") now want to amend the Contract. WHEREAS, DSHS wants to exercise its option to renew the Contract for an additional year and make additional funds available in support of the services provided during the renewal term; WHEREAS, the Parties want to update ARTICLE VI,ADDITIONAL GRANT INFORMATION; WHEREAS, the Parties want to revise the Statement of Work; and WHEREAS, the Parties want to revise Attachments to the existing Contract. Now, THEREFORE, the Parties agree as follows: 1. The Contract is renewed for the period beginning January 1, 2023 through December 31, 2023 (the"First Renewal Option" or"CY2023"), unless terminated sooner. 2. ARTICLE V, CONTRACT AMOUNT AND PAYMENT FOR SERVICES, of the Contract is amended to add $58,018.00 to pay for Grantee's services during CY2023. This includes DSHS share of$48,348.00 and Grantee's required match amount of$9,670.00. The total not-to-exceed amount of this Contract is increased to $116,032.00. All expenditures for the First Renewal Option shall be in accordance with ATTACHMENT B-1, CY2023 BUDGET. 3. ATTACHMENT B, BUDGET, of the Contract, is supplemented with the addition of ATTACHMENT B-1, CY2023 BUDGET which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 4. ARTICLE VI,ADDITIONAL GRANT INFORMATION,of the Contract Signature Document, is amended as follows: Federal Award Identification Number(FAIN): NU52PS910188 Federal Award Date: 12/16/2021 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: 93.116—Project Grants and Cooperative Agreements for Tuberculosis Control Programs Awarding Official Contact Information: Shanica Railey, (404) 718-3149 DUNS: 081078891 DSHS Contract No.HHS001096400011 Pagel of 7 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 5. ATTACHMENT A, STATEMENT OF WORK, is deleted in its entirety and replaced with ATTACHMENT A-1,CY2023 STATEMENT OF WORK which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 6. ATTACHMENT C, HHS UNIFORM TERMS AND CONDITIONS-GRANT VERSION 3.0 (AUGUST 2021), of the Contract, is deleted in its entirety and replaced with ATTACHMENT C,HHS UNIFORM TERMS AND CONDITIONS-GRANT,VERSION 3.2 (JULY 2022) which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 7. ATTACHMENT D, CONTRACT AFFIRMATIONS VERSION 2.0 (AUGUST 2021), of the Contract, is deleted in its entirety and replaced with ATTACHMENT D, CONTRACT AFFIRMATIONS, VERSION 2.2 (MAY 2022) which is attached to this Amendment and incorporated into the Contract as if fully set forth therein. 8. ATTACHMENT G, FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION FORM is attached to this Amendment and incorporated into this Contract as if fully set forth therein. Grantee is required to complete the Certification to meet the Federal requirement. 9. ATTACHMENT I,HHS ADDITIONAL PROVISIONS-GRANT FUNDING is added by this Amendment and incorporated into the Contract. 10. This Amendment shall be effective as of January 1, 2023. 11. Except as amended and modified by this Amendment No. 1, all terms and conditions of the Contract shall remain in full force and effect. 12. Any further revisions to the Contract shall be by written agreement of the Parties. 13. Each Party represents and warrants that the person executing this Amendment No. 1 on its behalf has full power and authority to enter into this Amendment. SIGNATURE PAGE FOLLOWS DSHS Contract No.HHS001096400011 Page 2 of 7 DocuSign Envelope ID: B9BAD55D-9689-4375-BC53-A5B98269B352 SIGNATURE PAGE FOR AMENDMENT NO. 1 DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS001096400011 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) DocuSigned by: DocuSigned by: (w1tU& GaVGia stw-G Ut,V& Signature Signature Imelda Garcia Steve Viera Associate Commissioner Interim Director of Health September 22,2022 September 22,2022 Date of Signature Date of Signature THE FOLLOWING DOCUMENTS ARE ATTACHED AND THEIR TERMS ARE HEREBY INCORPORATED INTO THE CONTRACT: ATTACHMENT A-1 - CY2023 STATEMENT OF WORK ATTACHMENT B-1 - CY2023 BUDGET ATTACHMENT C -HHS UNIFORM TERMS AND CONDITIONS-GRANT V. 3.2 (JULY 2022) ATTACHMENT D - CONTRACT AFFIRMATIONS V. 2.2 MAY 2022) ATTACHMENT G-FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION FORM ATTACHMENT I—HHS ADDITIONAL PROVISIONS-GRANT FUNDING DSHS Contract No.HHS001096400011 Page 3 of 7 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ATTACHMENT A-1 CY2023 STATEMENT OF WORK I. GRANTEE RESPONSIBILITIES Grantee shall: Comply with the most current version of the Texas Tuberculosis(TB)Work Plan,the Standing Delegation Orders, TB Standards, TB Recommendations and TB Administration Resources located at: http://www.dshs.texas.gov/idcu/disease/tb/policies/. A Use federal funds under this Contract to support any of the following core TB control front- line activities: 1. Directly observed therapy(DOT); 2. Outpatient services (tuberculin skin testing, chest radiography,medical evaluation, treatment); 3. Class B immigrant evaluation and treatment; 4. Contact Investigation, evaluation and treatment; 5. Cohort Review; 6. Surveillance; 7. Reporting; 8. Data analyses; 9. Cluster investigations; and 10. Provider education and training. B. Provide a match of no less than 20% of the total budget as reflected in this Contract. C. Provide match at the required percentage or System Agency may withhold payments, use administrative offsets, or request a refund from Grantee until such time as the required match ratio is met.No federal or other grant funds can be used as part of meeting the match requirement. D. Ensure no System Agency funds or matching funds are used for: 1. Medication purchases; 2. Inpatient clinical care (hospitalization services); 3. Entertainment; 4. Furniture; 5. Equipment; or 6. Sectarian worship, instruction, or proselytization. However,food and incentives are allowed using System Agency funds,but are not allowed using matching funds. E. Not lapse more than 1% of the total funded amount of this Contract. F. Maintain and adjust spending plan throughout the Contract term to avoid lapsing funds. During the term of this Contract, System Agency reserves the right to decrease funding amounts as a result of the Grantee's budgetary shortfalls and/or due to the Grantee lapsing DSHS Contract No.HHS001096400011 Page 4 of 7 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 more than 1% of total funds. G Maintain sufficient staffing levels to meet the required activities of this Contract and to ensure all funds in personnel category are expended. H Use System Agency-designated data systems available for local entry. Information for the current System Agency reporting and data management system is located at the following link: DSHS TB/HIV/STD Section - THISIS (texas.gov) All collected TB information shall be entered into the System Agency-designated TB information data system according to documented timelines and specifications in the Texas Tuberculosis Work Plan. Only data entered into the System Agency-designated data system will be considered submitted as required under the terms of this Contract. I Telemedicine medical services may be provided for medical case management of patients evaluated by the TB program, as is determined appropriate by the treating physician. If telemedicine medical services are utilized, Grantee shall ensure the TB Standards of Care are maintained. Grantee must develop written procedures for provision of telemedicine medical services that comply with all applicable laws, including Texas Occupations Code, Title 3, Chapter 111; Grantee's licensing board rules and those requirements set forth in Attachment I of this Contract. IL PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in Attachment A- 1 and compliance with the Contract's terms and conditions. If Grantee fails to meet any of the performance measures or reporting requirements, System Agency may request an action plan from Grantee regarding issues or deficiencies identified. Such action plans must outline any barriers and a plan to address them and are due to System Agency within two (2) weeks of the date they were requested. Grantee must take actions directed by System Agency following the Agency's review of the plan submitted and must do so within the timeframes directed by System Agency. This requirement does not excuse any violation of this Contract, nor does it limit System Agency to any other available options or remedies under the Contract. III. INVOICE AND PAYMENT Grantee shall bill, and System Agency shall pay Grantee based upon Grantee's submission of a monthly detailed and accurate invoice describing the services performed in completion of the responsibilities outlined in Attachment A-1. Invoices and supporting documentation shall be submitted to System Agency no later than thirty (30) days after the last day of each month. A Grantee shall request payments monthly using the State of Texas Purchase Voucher (Form B-13) at htt2://www.dshs.texas.gov/grants/forms/bl3fonn.doc. Voucher and any supporting documentation must be mailed or submitted by fax or electronic mail to the address or fax number below. Invoices and all supporting documentation must be emailed to invoices e,dshs.texas._gov and DSHS Contract No.HHS001096400011 Page 5 of 7 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 crosinvoicesgdshs.texas.gov simultaneously. Invoices must be submitted monthly to prevent delays in subsequent months. Grantees that do not incur expenses within a month are required to submit a"zero dollar" invoice on a monthly basis. Grantee must submit a final close-out invoice and final financial status report no later than 45 days following the end of the Contract term. Invoices received more than 45 days after the end of the Contract term are subject to denial of payment. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 Email: Invoices e,dshs.texas.gov, CMSinvoicesgdshs.texas.gov and TBContractReportinggdshs.texas.gov Failure to submit required information may result in delay of payment or return of invoice. Billing invoices must be legible. Illegible or incomplete invoices which cannot be verified will be disallowed for payment. B. Grantee shall submit the Financial Status Report(FSR-269A)biannually as outlined below. Grantee shall email the Financial Status Report(FSR-269A) and the Match Certification Form (B-13A)to the following email addresses:- FSR_rg antsgdshs.texas.gov and TBContractReportin e,dshs.texas._og_v. The Financial Status Report(FSR-269A) can be located at: ha2s://www.dshs.texas.gov/hivstd/contractor/cmsforms.shtm Grantee shall request the Match Certification Form (B-13A) from System Agency via email. C. Grantee will be paid on a cost-reimbursement basis and in accordance with Attachment B-1 of this Contract. IV. REPORTING REQUIREMENTS Report Name Frequency Period Begin Period End Due Date Annual Progress Annually January 1, 2023 December 31, 2023 February 15, 2023 —Report APR Training Financial Status Biannually January 1, 2023 June 30, 2023 July 31, 2023 Report(FSR) Financial Status Biannually July 1, 2023 December 31, 2023 February 15, 2024 Report FSR Match Annually October 1, 2023 December 31, 2023 February 15, 2024 Reimbursement/ Certification Form (B- _13A)- Final Quarter DSHS Contract No.HHS001096400011 Page 6 of 7 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ATTACHMENT B-1 CY2023 BUDGET Budget Category DSHS Funds Cash Match Category Total Personnel $33,700.00 $9,670.00 $43,370.00 Fringe Benefits $14,648.00 $0.00 $14,648.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Costs $48,348.00 $9,670.00 $58,018.00 Indirect Costs $0.00 $0.00 $0.00 Totals $48,348.00 $9,670.00 $58,018.00 (Remainder of Page Intentionally Left Blank) DSHS Contract No.HHS001096400011 Page 7 of 7 DocuSign Envelope ID: B9BAD55D-9689-4375-BC53-A5B98269B352 Attachment C ( TE .Y., S )5A9 4 Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission (HHSC) and the Department of State Health Services(DSHS). These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules(including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 TABLE OF CONTENTS ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS........................... 6 1.1 DEFINITIONS.....................................................................................................................................6 1.2 INTERPRETIVE PROVISIONS.......................................................................................................7 ARTICLE II.PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT........................................................................................................................8 2.2 TAXES..................................................................................................................................................8 2.3 ANCILLARY AND TRAVEL EXPENSES.....................................................................................9 2.4 BILLING..............................................................................................................................................9 2.5 USE OF FUNDS..................................................................................................................................9 2.6 USE FOR MATCH PROHIBITED..................................................................................................9 2.7 PROGRAM INCOME........................................................................................................................9 2.8 NONSUPPLANTING..........................................................................................................................9 2.9 INDIRECT COST RATES............................................................................................................. 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED.................................................................................... 10 3.2 NO DEBT AGAINST THE STATE.............................................................................................. 10 3.3 DEBTS AND DELINQUENCIES.................................................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS............................................................................................ 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS................................................................................................................... 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS.............................................. 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY.................................................................................................................................... 12 5.2 GENERAL AFFIRMATIONS........................................................................................................ 13 5.3 FEDERAL ASSURANCES............................................................................................................. 13 5.4 FEDERAL CERTIFICATIONS..................................................................................................... 13 5.5 STATE ASSURANCES................................................................................................................... 13 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT......................................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS.................................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS........................................ 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.......................................................... 15 6.6 SURVIVAL....................................................................................................................................... 15 6.7 SYSTEM AGENCY DATA............................................................................................................ 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY........................................................................................................ 15 7.2 DAMAGE TO STATE PROPERTY............................................................................................. 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT......... 16 7.4 EQUIPMENT AND PROPERTY................................................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION....................................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT................................................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS......................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT................................................................................... 18 8.5 CONFIDENTIALITY...................................................................................................................... 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 19 9.1 REMEDIES....................................................................................................................................... 19 9.2 TERMINATION FOR CONVENIENCE...................................................................................... 19 9.3 TERMINATION FOR CAUSE...................................................................................................... 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.....20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................................20 9.6 POLITICAL ACTIVITIES.............................................................................................................20 ARTICLE X. INDEMNITY..............................................................................................21 10.1 GENERAL INDEMNITY...............................................................................................................21 10.2 INTELLECTUAL PROPERTY.....................................................................................................21 10.3 ADDITIONAL INDEMNITY PROVISIONS...............................................................................22 ARTICLE XI. GENERAL PROVISIONS......................................................................22 11.1 AMENDMENTS...............................................................................................................................22 11.2 NO QUANTITY GUARANTEES..................................................................................................22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 11.3 CHILD ABUSE REPORTING REQUIREMENTS....................................................................22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.............................................................................................23 11.5 INSURANCE AND BONDS............................................................................................................23 11.6 LIMITATION ON AUTHORITY..................................................................................................23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS........................................................24 11.8 SUBCONTRACTORS......................................................................................................................24 11.9 PERMITTING AND LICENSURE................................................................................................24 11.10 INDEPENDENT CONTRACTOR.................................................................................................24 11.11 GOVERNING LAW AND VENUE...............................................................................................25 11.12 SEVERABILITY..............................................................................................................................25 11.13 SURVIVABILITY............................................................................................................................25 11.14 FORCE MAJEURE.........................................................................................................................25 11.15 NO IMPLIED WAIVER OF PROVISIONS................................................................................26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................................26 11.17 MEDIA RELEASES........................................................................................................................26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS.........................................................26 11.19 SOVEREIGN IMMUNITY.............................................................................................................26 11.20 ENTIRE CONTRACT AND MODIFICATION..........................................................................27 11.21 COUNTERPARTS...........................................................................................................................27 11.22 PROPER AUTHORITY..................................................................................................................27 11.23 E-VERIFY PROGRAM.................................................................................................................27 11.24 CIVIL RIGHTS...............................................................................................................................27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS..........................................28 11.26 DISCLOSURE OF LITIGATION..................................................................................................28 11.27 NO THIRD PARTY BENEFICIARIES.......................................................................................29 11.28 BINDING EFFECT.........................................................................................................................29 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract" or"Grant Agreement" means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date"means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee"means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Prope . Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "PaLty" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement" or"Request for Applications (RFA)"means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravel" means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Granteemustperform tocomplete the Project, as specified in the Grant Agreement and as may be amended. "System Agency" means HHSC or DSHS, as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and(ii)references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include, but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i) withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s)is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws,rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement,including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30)calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 threshold amount includes federal funds passed through by way of state agency awards. iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at hLtps://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_report2hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit reportghhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations,as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein, is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights,and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual, non-exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Parry IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency,or shall obtain from the applicable third parry for System Agency's benefit, the irrevocable,perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Parry IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third parry's written approval for Grantee to use any Third Parry IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency.The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten (10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss, destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A. The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. B. When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E. System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7)years after the Grant Agreement expiration date or seven (7)years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities,practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies,sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsibleto the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally,grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 102 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: 1 THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; ii. ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER;AND/OR K SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS,INCLUDING,BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 111 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall use the Texas Abuse Hotline Website located at https:///www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a"designated area,"which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11S INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. In addition,if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority,power, or use is granted or implied. Grantee may not incur any debt, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above,System Agency reserves the right, in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11B SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 119 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums,permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. 11JI GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. IIJ2 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination, that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing parry exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such parry could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such parry is unable to overcome. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor, commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 1110 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extent possible. 1121 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at:_ haps://hhs.texas.gov/about-hhs/your-rights/civil-ri ghts-office/civil//hhs.texas.gov/about-hhs/your-rights/civil-ri ghts-office/civil-rights-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 1125 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data, Analytics, and Performance. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 HEALTH AND HUMAN SERVICES Contract Number HHS001096400011 Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor")regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 1 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAKI) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 3 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 26. Restricted Employment for Certain State Personnel Contractor acknowledges that,pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrSReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of pe@ry of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 44. Cloud Computing State Risk and Authorization Management Program(TX-RAMP) In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i)neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent,phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2)no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DocuSign Envelope ID: B9BAD55D-9689-4375-BC53-A5B98269B352 Authorized representative on behalf of Contractor must complete and sign the following: Corpus Christi Nueces County Public Health District Legal Name of Contractor Corpus Christi Nueces County Public Health District Assumed Business Name of Contractor,if applicable (d/b/a or `doing business as') Corpus Christi Nueces County Public Health District Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed. Fs DocuSigned by: 1uAt, Viva, September 22,2022 7A18 293F 0 igna ure 3 Authorized Representative Date Signed Steve Viera Interim Director of Health Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name 1702 Horne Rd Corpus Christi,TX 78416 Physical Street Address City, State,Zip Code NA NA Mailing Address, if different City, State,Zip Code NA NA Phone Number Fax Number NA 069457786 Email Address DUNS Number 74-6000-574 17460005741 Federal Employer Identification Number Texas Identification Number (TIN) NA NA Texas Franchise Tax Number Texas Secretary of State Filing Number NA SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID: B9BAD55D-9689-4375-BC53-A5B98269B352 '4�,v Heaalh Health and Human Texas Department of State ATTACHMENT G Q.�u�a Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Corpus Christi Nueces County Public Health District Constance Sanchez,constancepe.cctexas.com,361-826-3227 Primary Address of Contractor: Zip Code: 9-digits required www.usns.com 78416 1702 Horne Rd Corpus Christi,Texas 78416 Unique Entity ID (UEI): This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.gov (VIN) — 14 digits: 069457786 17460005741027 Printed Name of Authorized Representative: Signature of Authorized Representative Steve Viera DocnSigned by: Eshm-t' vt v6u 7A188293F923439... Title of Authorized Representative Date Signed Interim Director of Health September 22,2022 1 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No X If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes ❑ No ❑X B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑X If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If your answer is "Yes" to this question, where can this information be accessed? NA If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: NA 2 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Envelope ID: B9BAD55D-9689-4375-BC53-A5B98269B352 Attachment I TEXAS Health and Human Services Health and Human Services (HHS) Additional Provisions — Grant Funding Version 1.0 Effective: February 2021 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 1 of 6 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 TABLE OF CONTENTS 1. TURNOVER PLAN..............................................................................................................3 2. TURNOVER ASSISTANCE................................................................................................3 3. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND SURGICAL TREATMENT OF A CHILD ..............................................................................................3 4. TELEMEDICINE/TELEHEALTH SERVICES...............................................................3 5. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY....................................................................................................................4 6. MEDICAL RECORDS RETENTION................................................................................4 7. INTERIM EXTENSION AMENDMENT..........................................................................4 8. DUPLICATION OF FUNDING.......................................................................................... 5 9. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS.................... 5 10. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION....................................... 5 11. NOTICE OF BANKRUPTCY............................................................................................. 5 12. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL................. 6 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 2 of 6 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Contract. Terms included in these Additional Provisions and not otherwise defined have the meanings assigned to them in HHS Uniform Terms and Conditions-Grant v. 3.2 (July 2022), Attachment C. 1. TURNOVER PLAN System Agency, in its sole discretion, may require Grantee to develop and submit a Turnover Plan at any time during the term of the Contract. Grantee must submit the Turnover Plan to System Agency for review and approval. The Turnover Plan must describe Grantee/Contractor's policies and procedures that will ensure: i. The least disruption in the implementation and performance of grant-funded activities during Turnover; and ii. Full cooperation with System Agency or its designee in transferring the performance and obligations of the Contract. 2. TURNOVER ASSISTANCE Grantee will provide any assistance and actions reasonably necessary to enable System Agency or its designee to effectively close out the Contract and transfer the performance and obligations of the Contract to another Grantee or to System Agency if necessary. Grantee agrees that this obligation survives the termination, regardless of whether for cause or convenience, or the expiration of the Contract and remains in effect until completed to the satisfaction of System Agency. 3. CONSENT TO MEDICAL,DENTAL, PSYCHOLOGICAL,AND SURGICAL TREATMENT OF A CHILD Unless a federal law applies, before a Grantee or its subcontractor can provide medical, dental,psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. 4. TELEMEDICINE/TELEHEALTH SERVICES If Grantee or its subcontractor provides grant-fundedtelemedicine/telehealth services, these services shall be in accordance with the Grantee's written procedures, applicable law, the Grantee's or subcontractor's licensing board rules, and System Agency equipment standards, if applicable. Grantee's procedures for providing telemedicine/telehealth service must include the following requirements: i. Consider any contraindications to the use of telemedicine/telehealth; ii. Qualified staff members to ensure the safety of the individual being served by telemedicine/telehealth at the remote site; iii. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; iv. Use by credentialed licensed providers providing clinical care within the scope of their Health and Human Services Additional Provisions V.1.0—Grant Funding Effective:February 2021 Page 3 of 6 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 licenses; v. Demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; vi. Priority in scheduling the system for clinical care of individuals; vii. Quality oversight and monitoring of satisfaction of the individuals served;and viii.Management of information and documentation for telemedicine/telehealth services that ensures timely access to accurate information between the two sites. Telemedicine/telehealth Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule §448.911. 5. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. Meaningful access may entail providing language assistance services, including oral interpretation and written translation, if necessary. More information can be found at https://www.lep.gov/. B. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. C. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. 6. MEDICAL RECORDS RETENTION Grantee/Contractor shall retain medical records in accordance with 22 TAC §165.1(b)or other applicable statutes,rules and regulations governing medical information. 7. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Grant Agreement/Contract,the Parties agree that this Grant Agreement/Contract can be extended as provided under this section. B. The System Agency shall provide written notice of interim extension amendment to the Grantee/Contractor under one of the following circumstances: i. Continue provision of services in response to a disaster declared by the governor;or ii. To ensure that services are provided to clients without interruption. C. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. D. Grantee/Contractor will provide and invoice for services in the same manner that is stated in the Grant Agreement/Contract. E. An interim extension under subsection (B)(i) of this section shall extend the term of the Grant Agreement/Contract not longer than 30 days after governor's disaster declaration is Health and Human Services Additional Provisions V.1.0—Grant Funding Effective:February 2021 Page 4 of 6 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 declared unless the Parties agree to a shorter period of time. F. An interim extension under subsection(B)(i)of this section shall be a one-time extension for a period of time determined by the System Agency. 8. DUPLICATION OF FUNDING A. If Grantee receives any funding that is duplicative of funding received under this Grant Agreement/Contract that cannot be used for new or expanded eligible grant activities, Grantee will notify the assigned contract manager as soon as possible. System Agency may issue an amendment modifying budget and/or project activities to eliminate duplication. Additionally, Grantee understands that duplicative funding that cannot be re-programmed to support new or expanded grant-funded activities within the program's scope may be de- obligated from this Grant Agreement/Contract and returned to System Agency. 9. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee shall immediately report in writing to its assigned System Agency contract manager when Grantee learns of or has any reason to believe it or any person with ownership or controlling interest in Grantee, or their agent, employee, subcontractor or volunteer who is providing services under this Contract has been placed on community supervision,received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. B. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. 10. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION Grantee shall notify the assigned System Agency contract manager if Grantee has any grant agreement or contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Effective start date of the grant agreement/contract; iv. Date of suspension or termination; and v. Grant agreement/contract or case reference number. 11. NOTICE OF BANKRUPTCY Grantee shall notify in writing the assigned System Agency contract manager of its plan to seek bankruptcy protection within five business days of such action by Grantee. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective:February 2021 Page 5 of 6 DocuSign Envelope ID: B9BAD55D-96B9-4375-BC53-A5B98269B352 12. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing the assigned System Agency contract manager within ten business days of any change to the Grantee's Contact Person or Key Personnel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Additional Provisions V.1.0—Grant Funding Effective:February 2021 Page 6 of 6 DocuSign Certificate Of Completion Envelope Id: B9BAD55D96B94375BC53A5B98269B352 Status:Completed Subject: Please DocuSign: HHS001096400011; Corpus Christi;A-1;TB Signature Packet Source Envelope: Document Pages:57 Signatures:4 Envelope Originator: Certificate Pages: 5 Initials:0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov I P Address: 167.137.1.16 Record Tracking Status:Original Holder: CMS Internal Routing Mailbox Location: DocuSign 9/22/2022 11:03:51 AM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Steve Viera ED—Sig—dby: Sent:9/22/2022 11:15:11 AM SteveV@cctexas.com fw�' Vitra Viewed: 9/22/2022 3:07:44 PM Interim Director of Health 7A188293F923439 Signed: 9/22/2022 3:25:08 PM Corpus Christi-Nueces County Public Health Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 155.190.8.7 Electronic Record and Signature Disclosure: Accepted: 3/1/2022 5:00:47 PM ID:4f8f2f59-1a8a-43c3-a675-dd40eae6c04f Susana Garcia Completed Sent:9/22/2022 3:25:12 PM Susana.Garcia@dshs.texas.gov Viewed: 9/22/2022 3:27:53 PM CTCM, Unit Director Signed: 9/22/2022 3:28:53 PM DSHS Using IP Address:72.178.217.9 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/22/2022 3:27:53 PM ID:e8f2ce7b-059b-41db-9309-ee3f765946d4 PATTY MELCHIOR Completed Sent:9/22/2022 3:28:58 PM Patty.Melchior@dshs.texas.gov Viewed: 9/22/2022 3:30:13 PM Director, DSHS CMS Signed: 9/22/2022 3:30:45 PM Security Level: Email,Account Authentication Using IP Address: 167.137.1.17 (None) Electronic Record and Signature Disclosure: Accepted: 5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 Imelda GarciaD OA C—ArC1a S 9 d by: Sent:9/22/2022 3:30:50 PM �MC ImeldaM.Garcia@dshs.texas.gov Viewed: 9/22/2022 4:17:25 PM Associate Commissioner 87AFo32AD9D24A9... Signed: 9/22/2022 4:17:36 PM Texas Health and Human Services Commission Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication Using IP Address: 166.205.54.28 (None) Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/6/2021 8:08:45 AM ID: 1 a6909aa-b026-45a9-be9f-4240c2e32ff9 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Lacy AlexanderCOPIED Sent:9/22/2022 11:15:10 AM Iacy.alexander@dshs.texas.gov Viewed: 9/22/2022 11:16:56 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Damiana Penai C Sent:9/22/2022 11:15:10 AM L DamianaP@cctexas.com i Viewed: 9/22/2022 11:16:08 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailboxi C Sent:9/22/2022 4:17:40 PM CMS.InternalRouting@dshs.texas.gov i L DSHS Contract Management Section Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/22/2022 11:15:10 AM Certified Delivered Security Checked 9/22/2022 4:17:25 PM Signing Complete Security Checked 9/22/2022 4:17:36 PM Completed Security Checked 9/22/2022 4:17:40 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 9/14/2020 7:10:18 PM Parties agreed to:Steve Viera,Susana Garcia, PATTY MELCHIOR, Imelda Garcia ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Two Reading Ordinance Ordinance to accept and amend a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,348 from the Texas Department of State Health Services in the Health Grants fund with a City match of $9,670, to provide tuberculosis prevention and control services. City Council October 25, 2022 Summary and Background 2023 Tuberculosis Prevention and Control-Federal (TB/PC-FED) Grant • Propose of the Tuberculosis Prevention and Control-Federal (TB/PC-FED) Grant is to provide for personnel costs to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). o Grant contract period from January 1, 2023, and will go through December 31, 2023 o This grant is an award with funding in the amount of$48,348.00,with a 20% match by the City. o DSHS is allowing the CCNCPHD to use 20% of the annual salary of the TB Program Manager who is paid by the City of Corpus Christi General Fund to satisfy the 20% grant match requirement. City Council October 25, 2022 Fiscal Impact and Staff Recommendation 2023 Tuberculosis Prevention and Control-Federal (TB/PC-FED) Grant Fiscal Impact: • Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($9,760) of the grant amount of$48,348. The City match has been included in various accounts for FY 2023. 0 1 FTE grant funded position Staff Recommendation: Approval of the two-reading ordinance. City Council October 25, 2022 .¢yUs cry, O r U NORPti PAt Ea 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 25, 2022 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Gabriel Hinojosa, Interim Director of Public Works gabrielra-cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3a-cctexas.com (361) 826-3227 Professional Services Contract Northwest Blvd Drainage Improvements CAPTION: Ordinance authorizing a professional services contract with Hanson Professional Services Inc. in the amount of$143,057.50 for the Northwest Blvd Drainage Feasibility Study, an FY 2022 budget initiative; appropriating $143,057.50 from unreserved fund balance in 1020 General Fund and amending the FY 2023 Public Works Operating Budget; Council District 1. SUMMARY: This ordinance authorizes approval of a professional services contract to conduct a Drainage Feasibility Study for a segment of the Northwest Blvd corridor between River Hill Dr and County Road 69. In the FY 2022 budget, $150,000 was earmarked for this project. However, due to necessary procurement and preparation activities, the project was not ready for the funding to be appropriated from the FY 2022 General Fund to the FY 2022 Public Works operating budget. As a result, the $150,000 was carried over from the FY 2022 General Fund to the FY 2023 General Fund Unreserved Fund Balance. If approved, this agenda item will allow for $143,057.50 of the $150,000 to be appropriated to the FY 2023 Public Works operating budget to complete the project. BACKGROUND AND PURPOSE: Northwest Blvd (FM 624) roughly 4,500 feet from County Road 69 to FM 1889 is approximately 0.85 miles in length. This section of FM 624 is a raised four-lane divided highway with roadside ditches and driveway culverts. The area drains to the north to the Nueces River Basin on the northern side of FM 624. The area on the southern side of the highway flow in a southernly direction into the upper Oso Creek Basin. The area adjacent to this section of highway experiences issues with flooding due to inadequate infrastructure to convey the flow to an adequate outfall. The intent of the project is to evaluate options for improving drainage. This professional services contract will provide services for a feasibility study, which includes coordination with city, county, and state officials, a survey of existing conditions, detailed drainage study and a project phasing plan. PROJECT TIMELINE: 2022-2023 October - February March Feasibility Study Prelim. Design` "If remaining funds allow Projected schedule reflects City Council award of professional services in October 2022 with anticipated completion by March 2023. COMPETITIVE SOLICITATION PROCESS: Hanson Professional Services Inc. was selected in June of 2021 under RFQ 3977-Professional Engineering Services for Northwest Blvd Drainage Improvements project, which was one of three projects announced under the Stormwater CIP 2022 Projects category of the RFQ. Eight firms submitted qualifications for the Northwest Blvd Drainage Improvements. The selection committee was comprised of representatives from the Public Works and Engineering Services Department. The final evaluation ranked Hanson Professional Service Inc. as the highest ranked firm based on four factors: 1) "Experience on projects of similar scope and complexity", 2) "Team members experience with work of similar scope and complexity", 3) "Demonstrated understanding of the scope of services", and 4) "Demonstrated experience providing these services". Hanson Professional Services Inc. has worked on City projects for over twenty years and has completed many projects. Notable local projects include Oso Creek Basin Stormwater Relief, Williams Ditch Stormwater System Assessment, and the Drainage Master Plan for Nueces County. ALTERNATIVES: Council could elect not to award the contract to Hanson Professional Services Inc. Not awarding the contract for professional services will delay flood relief to the properties adjacent to the Northwest Blvd corridor and increasing the potential for long-term flooding damage. FISCAL IMPACT: The fiscal impact to FY 2023 is an amount not to exceed $143,057.50 with funding available through the Operating Budget. FUNDING DETAIL: Fund: General Fund (1020) Org: N/A Mission Elem: N/A Project: N/A Account: Unreserved Fund Balance (251850) Activity: N/A Amount: $143,057.50 Fund: General Fund (1020) Org: Street Lighting (12460) Mission Elem: Maintain Pavement and Associated Improvements (051) Project: NW Blvd Drainage (Project No. NCAP22011) Account: Professional Services (530000) Activity: N/A Amount: $143,057.50 RECOMMENDATION: Staff recommends approval of the professional services contract with Hanson Professional Services Inc. in an amount not to exceed $143,057.50 for the Northwest Blvd Drainage Feasibility Study. This study will begin in October 2022 with estimated completion by March 2023. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix Proposal Presentation Ordinance authorizing a professional services contract with Hanson Professional Services Inc. in the amount of $143,057.50 for the Northwest Blvd Drainage Feasibility Study, an FY 2022 budget initiative; appropriating $143,057.50 from unreserved fund balance in 1020 General Fund and amending the FY 2023 Operating Budget; Council District 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $143,057.50 from the unreserved fund balance is appropriated in the No. 1020 General Fund. SECTION 2. The Corpus Christi FY2022-2023 Operating Budget adopted by Ordinance No. 032855 is amended to increase expenditures by $143,057.50. SECTION 3. The City Manager or designee is authorized to execute a professional services contract with Hanson Professional Services Inc. in an amount not to exceed $143,057.50 for the Northwest Blvd Drainage Feasibility Study. 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor PROJECT LOCATION N SCALE: N.T.S. LOCATION MAP NOT TO SCALE ar PROJECT LOCATION NUECES RNER 824 NUECES BAY ANNAVILLE i 77 0 o RR�O R U � W S Y SHIP C Q i CORPUS CHRISTI 0 ° Pio I LEOPARD v d a' ROBSTOWN z 44 44 CORPUS CHRISTI pk"/ 288 INTERNATIO AIRPORT 4� OµGP 358 � 00 z CABA N N T N m 3P 0 ° o Moir FIELD SS FIELD VICINITY MAP 43 NOT TO SCALE Northwest Boulevard CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS from CR 69 to FM 1889 DEP ARTMENT OF ENGINEERING SERVICES W ry � %r. . Y N SCALE: N.T.S. PROJECT LOCATION w , R my n k � _ V FR a 100 0 All I A . k r M !" AERIAL MAP NOT TO SCALE PROJECT NUMBER: T.B.D. Northwest Blvd CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS from CR 69 to FM 1889 DEPARTMENT OF ENGINEERING SERVICES "'� RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022 N—h—t BW—iImprovements - H--Professional International Lockwood Andrews Proposal Evaluation S-r. Fr.....d Nwh.1. H.IffA.—.- services C.—Itirg Ergir... KCIT.hr.l.gi. -d N-- Mendez Engineering M.—Engineering Minimum Q..Ififi—... P.../Fail P... Pa,, Paaa Paaa P... U--g I—bfi—i- N.M.—W lawsuits P—5 Y—, N.M.—W Fl.tI—,P—5 Years ,i References Provided f.,Fi— Te W-1 F,— 80 63 56 67 42 4s 38 K 37 Experience on-j—of similar and-I-itV 7 5 5 7 2 4 1 2 2 Demonstrated capability&r.p.riW on comparable-j— 7 5 5 5 4 4 5 2 4 Past Performance 7 5 5 5 4 4 5 2 4 T——r,b—with--i—and qualifications 7 5 5 5 4 4 5 4 4 T——b—-wr-with—k of similar—pe and—pl-rW 7 5 5 7 4 4 5 4 4 —H.bilrW of---to accompi ish the—k 7 5 5 5 4 4 5 2 4 D---d un d—t-ding of the scope of—i— 19 14 14 19 10 M 14 5 M D---d un d—t-ding and-wr-with.ru blir--V 19 19 14 14 M 14 14 M 5 I—. 20 13 o 18 o o o o o D--t—d E-H—providing these Services 5 4 0 5 T——b—with-wr-and qualifications 5 4 0 4 Demonsiraied L"Services Li ,i—,gof scope f services 2 �22 �2 � �2 22Knowledge of 0 Cbilrtytrf,,—,k 4 3 0 3 T-1 m 78 58 as 42 48 58 31 37 HANSON Hanson Professional Services Inc. 4501 Gollihar Road Engineering I Planning I Allied Services Corpus Christi,Tx.78401 (361-814-9900 www.hanson-inc.com September 6, 2022 Mr. Jeffrey H. Edmonds Director of Engineering Services City of Corpus Christi 1201 Leopard St. 3rd Floor City Hall Corpus Christi, TX 78401 Re: Scope of Services — Northwest Blvd Drainage Improvements Dear Mr. Edmonds. On behalf of Hanson Professional Services we are pleased to provide this scope and fee for the completion of a drainage assessment and recommendations related to the area along North Boulevard (FM 624) from County Road 69 to FM 1889. Hanson visited the site along with City of Corpus Christi Representatives and attended a project scoping meeting to discuss the intent of the project. The proposed scope of work will be broken up into five phases: 1 . Preliminary Phase. 2. Engineering Drainage Study 3. Implementation Plan 4. Design Phase (Allowance) 5. Surveying/Base Map Preparation Hanson Professional Services Inc. proposes to perform the scope of services summarized above for the lump-sum fee of $143,057.50. Our team members are ready to proceed with the work. We thank you for this opportunity and look forward to working with you on this project. Kind regards, HANSON PROFESSIONAL SERVICES INC. W49 Wilfredo Rivera, Jr., P.E. Vice-President 21 L0229E\Admin IPro posal\North WestB1vd(09062022).docs Jeffrey H. Edmonds September 6, 2022 SCOPE OF WORK The intent of the project is to evaluate options for improving drainage for an area that is adjacent to Northwest Blvd (FM 624) roughly 4500 LF from County Road 69 to FM 1889. Along this section FM 624 is a raised 4-lane divided highway with roadside ditches and driveway culverts. The area drains to the north to the Nueces River Basin on the northern side of FM 624. The area on the southern side of the highway tends to flow in a southernly direction into the upper Oso Creek Basin. The developed area adjacent to this section of highway tends to be much lower than the highway and experiences issues with flooding possibly due to inadequate infrastructure to convey the flow to an adequate outfall. The proposed scope of work will be broken up into five phases: 1 . Preliminary Phase. 2. Engineering Drainage Study 3. Implementation Plan 4. Design Phase (Allowance) 5. Surveying/Base Map Preparation PRELIMINARY PHASE 1 . Hanson will conduct a coordination meeting with the major parties involved including the City of Corpus Christi, TxDOT, Nueces County Water Control and Improvements District #3 and Nueces County. The intent of the meeting will be to get a thorough understanding of existing concerns, boundaries, and existing/future plans for improvements in the area. 2. Hanson will collect and review all existing plans and documents that would affect the drainage improvements. Including the City's current/new drainage master plan, the county's drainage master plan, TxDOT's master plan and the future development plan for the area. 3. Hanson will conduct a thorough site visit of the area in order to determine the major/minor drainage issues, the existing constraints, and probable improvement opportunities. ENGINEERING DRAINAGE STUDY 1 . Hanson will prepare a study to document the existing conditions, determine the existing conveyance capacity of the drainage system and recommend improvements to help alleviate drainage issues and plan for future development. The study will include: a. Delineate the existing Drainage Basin(s). Utilize a combination of existing lidar/aerials to be supplemented with additional on the ground surveys and new drone surveys. b. A detailed Hydrologic Model for existing conditions and future built out conditions. c. A detailed Hydraulic Model for existing conditions and future conditions. d. A master plan for the area that identifies opportunities for improving the drainage and complies with future development plans in the area. Jeffrey H. Edmonds September 6, 2022 e. A written report summarizing the findings, recommendations, and associated Opinions of Probable Construction Costs. The draft version of the report will be provided to the City for review and comment. Submit one draft report for review and comment. f. Attend a one review meeting with the City and other stakeholders to discuss draft report. g. Hanson will finalize the report and submit to the City for future implementation of the plan. IMPLEMENTATION PLAN 1 . Hanson will work with the City to develop an implementation plan for the area. 2. The Plan will identify some of the minor/major components which could be constructed or improved in order to alleviate drainage in the area. 3. The plan will take into consideration the findings and recommendations of the drainage study. 4. The plan will discuss potential funding opportunities for financing the improvements. 5. The plan will include a priority listing of items which should be completed earlier in order to ensure that the downstream or outfall improvements are sufficient. 6. The plan will be provided to the City to be utilized as a tool for planning funding and phasing of the overall improvements in the area. DESIGN PHASE (ALLOWANCE T&M) 1. If design/construction funding is available, Hanson will work with the City to design/implement some of the minor localized components which could be constructed or improved in order to alleviate drainage in the area. 2. Construction will be completed utilizing the City's existing drainage contractor under a Master Service Agreement. 3. The effort will be billed on a Time and Material Basis SURVEYING/BASE MAPS/AERIAL 1 . In order to provide a detailed assessment of the area, current topographic data and aerial photography will be required. 2. Hanson will complete a detailed topographic survey of the sub-basin area including impacted highways, roadways, drainage structures, adjacent properties, and outfall structures. 3. Hanson will complete a new high resolution drone aerial survey to provide video and still photos of key areas that will be improved. 4. The topographic survey will be utilized for the H/H study as well as for preliminary design of the recommended improvements. SUMMARY OF FEES Jeffrey H. Edmonds September 6, 2022 Project Name:Northwest Blvd Drainage Proj.No. :TBE Project Limits:CR 69 to FM 1889 Fee for Basic Services Original Contract Amend.#1 Amend#2 Amend.3 Contract Sub-Total 1.Preliminary Phase $ 10,515.00 $ 10,515.00 2.Report Phase $ 75,921.00 $ 75,921.00 3.Implementation Plan $ 7,028.00 $ 7,028.00 4.Design Phase(Allowance T&M) $ 19,004.00 $ 19,004.00 Subtotal Basic Service Fees $ 112,468.00 $ $ $ 112,468.00 Fee for Additional Services 1.Topogrpahic Survey $ 30,589.50 $ 30,589.50 $ $ Sub-Total Additional Services $ 30,589.50 $ $ $ $ 30,589.50 Total Authorized Fee $ 143,057.50 $ $ $ $ 143,057.50 PROJECT SCHEDULE Northwest Blvd Drainage Activity Completion Date Notice to Proceed October, 2022 Preliminary Phase November, 2022 Engineering Drainage Study January, 2023 Implementation Plan February, 2023 Surveying/Bas Maps November, 2022 Design Phase (Optional) March, 2023 Corpus Chr s[i Engineering Northwest Blvd Drainage Improvements Council Presentation October 25, 2022 Project Location Corpus Chr sti Engineering PROJECT LOCATION SCAT:N.T.S. MACES MY °.:. PROJECT LOCATION NNNNLLE Wptf . NOR' + �NEST13LVD 2 Project Scope corpusChrst; Engineering A brief summary of proposed activities is as follows: ❑ Feasibility Study • Coordination with city, county and state officials • Survey of existing conditions & drainage patterns • Discussing of funding opportunities ❑ Preliminary Design (if remaining funds allow) 3 Project Schedule Corpus Chr sti Engineering October - February March Feasibitty Study Prelim. Design" *If remaining funds allow Project schedule reflects City Council award in October 2022 with anticipated completion in March 2023. SC 00 � 0 � AGENDA MEMORANDUM NCORPOR 1�'0 First Reading Ordinance for the City Council Meeting of October 25, 2022 1852 Second Reading Ordinance for the City Council Meeting of November 1, 2022 DATE: October 18, 2022 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Assistant Director of Finance-Procurement Joshc2(a)cctexas.com (361) 826-3169 Amendment No. 5 to Uniformed Security Guard Service CAPTION: Ordinance authorizing Amendment No. 5 to the service agreement with Sec-Ops, Inc., for citywide security guard services in an amount not to exceed $410,904.13, with FY 2023 funding from various funds. SUMMARY: This ordinance authorizes the execution of amendment No. 5 to the service agreement for uniformed security guard services with Sec-Ops, Inc, to extend for an additional 13 weeks and amend the total contract amount not to exceed $410,904.13. BACKGROUND AND FINDINGS: The uniformed security guards are a combination of armed and unarmed guards and provide onsite security at various locations including City Hall, Frost Building (Development Services and EOC), all six libraries, O.N. Stevens Water Plant, CCIA, Corpus Christi-Nueces County Public Health District, J.C. Elliott Landfill, and Cole Park Pier. The security guards are responsible for patrolling and monitoring all spaces contained within the buildings and surrounding parking areas to ensure safety and order are maintained. The current contract was established in 2019 for three years. Prior to the original expiration date of this agreement, Procurement began preparing a solicitation for these services to secure a contract prior to the expiration date. However after further review with upper management, it has been determined that more time is needed to secure a new contract for unformed security guard services. The 13-week extension should be ample time to secure a new contract for the locations listed in the following table and will be billed weekly. Location Weekly Billing City Hall $11 ,663.35 Frost Bank $1 ,344.00 City Libraries $3,341 .26 Public Health District $5,888.40 Corpus Christi International Airport $2,822.40 Water Treatment $1 ,974.00 City Landfill $1 ,752.00 Cole Park Pier $2,822.40 Total Weekly Billing $31,608.01 ALTERNATIVES: An alternative would be to deny the request. Without approval, City would not have any security guard services in have to perform the service using in-house park enforcement officers. FISCAL IMPACT: The fiscal impact for FY2023 budget to the State Hotel Occupancy Tax, General Fund, Water, Airport, Asset Management-Facility Fund is $410,904.13. FUNDING DETAIL: Fund: 1032 State Hotel Occupancy Tax Organization/Activity: 13840 Bay Beach Park Enforcement Mission Element: 141 Manage & Maintain Parks and Recreation Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $36,691 .20 Fund: 1020 General Fund Organization/Activity: 12504 J.C. Elliott Transfer Station Mission Element: 031 Wase & Brush Collection Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $22,776.00 Fund: 1020 General Fund Organization/Activity: 12800 La Retama Central Library Mission Element: 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: 10,678.98 Fund: 1020 General Fund Organization/Activity: 12820 Ben F. McDonald Public Library Mission Element: 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $6,552.00 Fund: 1020 General Fund Organization/Activity: 12850 Dr. C P Garcia Public Library Mission Element: 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $6,552.00 Fund: 1020 General Fund Organization/Activity: 12840 Janet F. Harte Public Library Mission Element 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $6,552.00 Fund: 1020 General Fund Organization/Activity: 12810 Anita & WT Neyland Public Library Mission Element: 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $6,552.00 Fund: 1020 General Fund Organization/Activity 12830 Owen Hopkins Public Library Mission Element: 111 Provide Materials Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $6,552.00 Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat Water Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $25,662.00 Fund: 4610 Airport Organization/Activity: 35055 Airport Operations Mission Element: 272 Manage Airport Operations Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $36,691 .20 Fund: 1020 General Fund Organization/Activity: 12610 Health Office Building Mission Element: 101 Enforce Health & Safety Codes Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $17,253.60 Fund: 1066 Health Grants Organization/Activity: 831557F Health COVID Grant Mission Element: 103 Immunize PrvntDisease HlthSury Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $58,203.60 Fund: 1066 Health Grants Organization/Activity: 831323F Health WIC Building Mission Element: 106 Conduct Health Education Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $1 ,092.00 Fund: 5115 Asset Management-Facility Fund Organization/Activity: 40310 Facility Maintenance-City Hall Mission Element: 191 Operate City Buildings and Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $151 ,623.55 Fund: 5115 Asset Management-Facility Fund Organization/Activity: 40305 Facility Maintenance-Dev Center/EOC Mission Element: 191 Operate City Buildings and Facilities Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $17,472.00 RECOMMENDATION: Staff recommends approval of this ordinance authorizing funding for Security Guard Service with Sec-Ops, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Amendment No. 5 Ordinance authorizing Amendment No. 5 to the service agreement with Sec-Ops, Inc., for citywide security guard services for an amount not to exceed $410,904.13, with FY 2023 funding from various funds. WHEREAS, the City entered into Service Agreement No. 2436, which was effective on November 1 , 2019, with a three-year term, for citywide security guard services; WHEREAS, the continuation of services is needed through January 31 , 2024, with funding provided from accounts previously authorized by the City Council in accordance with the parties' executed service agreement. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this ordinance. SECTION 2. The City Council authorizes the City Manager, or his designee, to execute Amendment No. 5 to Service Agreement No. 2436 with Sec-Ops, Inc., for an amount not to exceed $410,904.13, with FY 2023 funding from the various funds indicated in the Certification of Funds document which accompanies this ordinance. 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 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor DocuSign Envelope ID:A3B1 DOBD-041 F-4F5E-A6EC-CA1034221 E1A uvo,�T- 0 Amendment City of Corpus Christi Contracts and Procurement Date: September 26, 2022 Service Agreement No: 2436 — Uniformed Security Guard Services Reference: SA 2436 Amendment No. 5 Service Agreement Current Not to Exceed Value: $3,923,464.50 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Sec-Ops, Inc., hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the "Amendment") which, together with the Service Agreement No. 2436 (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. 1. This Amendment modifies the Term of the Agreement to extend it through January 31 , 2023, to allow 13 weeks needed to execute a new agreement. 1 . Current Agreement Term: 11/01/2019-10/31/2022 2. Revised Agreement Term: 11/01/2019-01/31/2023 11. Section 3. Compensation and Payment of the Agreement is amended by increasing the estimated value of the Agreement by $410,904.13, Attachment B-1 , Supplement Estimate, which is attached and incorporated by reference into this Amendment, pursuant to this Amendment, therefore, the revised value of the Agreement is not to exceed $4,334,368.63. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. Doc"u'S�gned b1 y: �bb vi (A1 10/4/2022 TT ob��$VZF��tt Date CEO Sec-Ops, Inc. Josh Chronley Date Assistant Director, Finance-Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Page 1 of 2 Assistant City Attorney Date DocuSign Envelope ID:A3B1 DOBD-041 F-4F5E-A6EC-CA1034221 E1A Attachment B-1: Supplement Estimate for Period Needed Location Weekly Billing City Hall $11,663.35 Frost Bank $1,344.00 City Libraries $3,341.26 Public Health District $5,888.40 Corpus Christi International Airport $2,822.40 Water Treatment $1 ,974.00 City Landfill $1 ,752.00 Cole Park Pier $2,822.40 Total Weekly Billing $31,608.01 Page 2 of 2 SC �o a� �h NCORPOR 1'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting November 1, 2022 DATE: November 1, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Gabriel Hinojosa, P.E., Interim Director of Public Works gabrielh@cctexas.com (361) 826-1877 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement Heatherh3@cctexas.com (361) 826-3227 Construction Contract Award Strasbourg Drive—Grenoble Drive to Marseille Drive (Bond 2020, Proposition A) CAPTION: Motion awarding a construction contract to A. Ortiz Construction & Paving, Inc., Corpus Christi, Texas, for reconstruction of Strasbourg Drive from Grenoble Drive to Marseille Drive with new asphalt pavement and utility improvements, located in Council District 5, in an amount of $2,199,873.32 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, and Water Capital Funds. SUMMARY: This motion awards a construction contract to A. Ortiz Construction & Paving, Inc. for the reconstruction of Strasbourg Dr from Grenoble Dr to Marseille Dr. The construction will include a 2-lane roadway with new asphalt pavement, installation of curb and gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings, utility improvements to water, and storm water. BACKGROUND AND FINDINGS: Strasbourg Dr from Grenoble Dr to Marseille Dr is classified as a Minor Residential Collector roadway and is 0.28 miles in length. This section of street was originally constructed in 1984 and reconstructed in 1995. The pavement has since deteriorated, and full depth reconstruction is needed. This project is for the reconstruction of the existing two-lane roadway which is a 40-foot-wide curb and gutter asphalt roadway with sidewalk, underground water lines, wastewater lines, and storm water lines. This portion of Strasbourg Road provides access to adjacent residential neighborhoods. The project scope includes full depth reconstruction of the existing 2-lane roadway with a new asphalt pavement section, pavement markings, two 4-foot shoulders, two 5-foot sidewalks, new traffic signs, ADA-compliant pedestrian improvements, drainage improvements and utility upgrades. PROJECT TIMELINE: 2021-2022 2022 2022-2023 March - August August - November Dec- May Design Bid/Award Construction Project schedule reflects City Council award in November 2022 with anticipated construction completion by May 2023. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on August 21, 2022, for the proposed Strasbourg Drive construction project. The solicitation contained Base Bid for asphalt pavement only. On September 21, 2022, the City received three bids for HMAC Pavement. A summary of the bids is provided below. Bidder Base Bid (HMAC) 1 A. Ortiz Construction & Paving, Inc. $2,199,873.32 2 Mako Contracting $2,610,160.77 3 Clark Pipeline Service, LLC $3,104,783.39 City analyzed the submitted bids in accordance with contract documents and determined A. Ortiz Construction & Paving, Inc. was the lowest responsive and responsible bidder. A. Ortiz Construction & Paving, Inc. has successfully completed several street projects with the City of Corpus Christi in the past five years, including Residential Street Reconstruction Project E17019, Lifecycle Curb & Gutter Replacement El 9012A, El 8080A, E16428, and IDIQ Minor Street Improvements E16253. ALTERNATIVES: Council could choose not to award the contract to A. Ortiz Construction & Paving, Inc. This would delay the project and conflict with City Council's goal to expedite street projects with Bond Funds. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of$2,199,873.32 with funding available from the Bond 2020 Proposition A, Storm Water, and Water Capital Funds. FUNDING DETAIL: Fund: Street— ST2021 Bd 20 A (Fund 3558) Mission Elem: Street Pavement Maintenance (ME 051) Project No.: 21065 Strasbourg Dr from Grenoble Dr to Marseille Dr Account: Construction (550910) Activity: 21065-A-3558-EXP Amount: 1,297,481.24 Fund: Storm Water- StrmWtr 2022 CIP (Fund 4533) Mission Elem: Drainage Infrastructure (ME 043) Project No.: 21065 Strasbourg Dr from Grenoble Dr to Marseille Dr Account: Construction (550910) Activity: 21065-A-4533-EXP Amount: $248,865.97 Fund: Wastewater-WW 2023 CIP (Fund 4259) Mission Elem: Wastewater Collection System (ME 042) Project No.: 21065 Strasbourg Dr from Grenoble Dr to Marseille Dr Account: Construction (550910) Activity: 21065-4259-EXP Amount: $260,662.00 Fund: Water-Water 2023 CIP (Fund 4486) Mission Elem: Distribute Water (ME 041) Project No.: 21065 Strasbourg Dr from Grenoble Dr to Marseille Dr Account: Construction (550910) Activity: 21065-A-4486-EXP Amount: $392,864.11 Overall Total $2,199,873.32 RECOMMENDATION: Staff recommends awarding the construction contract to A. Ortiz Construction & Paving, Inc. for reconstruction of Strasbourg Drive from Grenoble Drive to Marseille Drive in the amount of $2,199,873.32 with the asphalt pavement with construction duration planned for 6 months from issuance of the Notice to Proceed with construction starting in December 2022 and completed by May 2023. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation NUECES BAY v N SCALE: N.T.S. SHIP CH CORPUS CHRISTI i LEOPARD pw/ 286 r c� ORGPN z 9�7' Oc FQ 9 O `r Strasbourg D rive 23 3� 32 McA�O�f QOyy 3p/O' OC� G TEXAS A&M UNIVERSITY °� yOkY CORPUS CHRISTI h 3Zy �° 58�0/" Moq Q� R9TOCg3 Q k0<F o CABANISS pj $ OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION O h t� FLOUR BLUFF 358 286 W �� F Z J Yoq�O GP 3P wN 361 0 P22 b PgCf<E Y LAGUNA HAN EL MADRE GULF OF MEXICO AERIAL M NOT TO SCALEAP PROJECT NUMBER: 21065 Strasbourg Drive CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS (Grenoble Dr to Marseille Dr) DEPARTMENT OF ENGINEERING SERVICES "'� Project Location ti Y BELLAC S c I VA ST DENIS Location Map N o w a W Z O GRENOBLE m LEMANS O w J = HAUBOURDIN U a TARAFAYA / MP I gOUReO .� 0 .. / M ,� HA/g i�; / FY U w r elm .�.�P � 1 • .. •n � .fes . ,.n � i P sl IF I 0o � 0:5 s c , SFTF STRASBOURG DRIVE - CITY COUNCIL EXHIBIT GRENOBLE DRIVE TO CITY OF CORPUS CHRISTI,TEXAS MARSEILLE DRIVE DEPARTMENT OF ENGINEERING SERVICES w+� TABULATED BY:JWE COMPLETED 189 DAYS DATE:9/21/2022 RFB 4388 PN.21065 Strasbourg Drive A.Ortiz Construction&Paving,Inc. Mako Contracting Clark Pipeline Services, LLC (Grenoble Dr. to Marseille Dr.) 102 Airport Rd. 3636 S.Alameda,Ste. B-153 6229 Leopard Street ID: R F B 4388 PN.21065 Corpus Christi,TX 78405 Corpus Christi,TX 78411 Corpus Christi,TX 78409 (361)882-2122 (361)561-6256 (361)816-6007 ITEM DESCRIPTION UNIT QUANITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT GENERAL Al Mobilization(5% Maximum of General LS 1 $ 9,905.73 $ 9,905.73 $ 8,000.00 $ 8,000.00 $ 9,900.00 $ 9,900.00 Items) A2 Bonds and Insurance AL 1 $ 43,134.75 $ 43,134.75 $ 47,600.00 $ 47,600.00 $ 33,000.00 $ 33,000.00 A3 Ozone Action Day DAY 2 $ 1.00 $ 2.00 $ 1.00 $ 2.00 $ 462.00 $ 924.00 A4 Clear ROW AC 2 $ 1,500.00 $ 3,000.00 $ 10,000.00 $ 20,000.00 $ 9,240.00 $ 18,480.00 A5 Traffic Control EA 3 $ 4,000.00 $ 12,000.00 $ 3,000.00 $ 9,000.00 $ 9,240.00 $ 27,720.00 Mobilization/Adjustments A6 Traffic Control Items(Signs, MO 6 $ 2,500.00 $ 15,000.00 $ 750.00 $ 4,500.00 $ 2,475.00 $ 14,850.00 Barricades,etc. A7 S 9n CO Metro Compact Message EA 3 $ 24,000.00 $ 72,000.00 $ 20,700.00 $ 62,100.00 $ 23,430.00 $ 70,290.00 A8 Block odding SY 3,306 $ 13.00 $ 42,978.00 $ 12.00 $ 39,672.00 $ 10.90 $ 36,035.40 A9 Remove Tree 8"+Caliper) EA 2 $ 2,500.00 $ 5,000.00 $ 750.00 $ 1,500.00 $ 4,620.00 $ 9,240.00 A10 Storm Water Pollution Prevention LS 1 $ 5,000.00 $ 5,000.00 $ 35,000.00 $ 35,000.00 $ 33,000.00 $ 33,000.00 Plan&Items Sub-Total General: $ 208,020.48 $ 227,374.00 $ 253,439.40 STREET IMPROVEMENTS B1 Mobilization(5% Maximum of Street SY 1 $ 46,246.64 $ 46,246.64 $ 40,000.00 $ 40,000.00 $ 72,600.00 $ 72,600.00 Items) B2 Street Excavation SF 7,514 $ 10.00 $ 75,140.00 $ 12.00 $ 90,168.00 $ 10.56 $ 79,347.84 B3 Driveway Demolition SF 9,128 $ 5.15 $ 47,009.20 $ 5.00 $ 45,640.00 $ 5.50 $ 50,204.00 B4 3"TY'D'HMAC SY 6,494 $ 28.00 $ 181,832.00 $ 37.55 $ 243,849.70 $ 56.47 $ 366,716.18 B5 Under Seal SY 6,494 $ 5.75 $ 37,340.50 $ 7.58 $ 49,224.52 $ 7.38 $ 47,925.72 B6 Limestone Base(10"TY-A GR1-2) SY 7,514 $ 36.00 $ 270,504.00 $ 34.00 $ 255,476.00 $ 55.98 $ 420,633.72 B7 8"Lime Stabilized(8%by weight), 12" SY 7,514 $ 20.00 $ 150,280.00 $ 5.00 $ 37,570.00 $ 35.53 $ 266,972.42 Compacted Subgrade B8 Driveways SF 9,074 $ 13.00 $ 117,962.00 $ 10.00 $ 90,740.00 $ 15.86 $ 143,913.64 B9 Pavement Repair SY 150 $ 39.00 $ 5,850.00 $ 100.00 $ 15,000.00 $ 217.80 $ 32,670.00 B10 Seed Table with Striping EA 1 $ 4,250.00 $ 41250.00 $ 7,000.00 $ 7,000.00 $ 10,890.00 $ 10,890.00 Roadside Traffic Sign and Sign B11 Support Assembly Triangular Slip EA 13 $ 395.00 $ 5,135.00 $ 990.00 $ 12,870.00 $ 1,122.00 $ 14,586.00 Base B12 REFL PAV MRKTY I(Y)4"(SLD) LF 100 $ 1.50 $ 150.00 $ 2.22 $ 222.00 $ 2.44 $ 244.00 090 MIL C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F807E82B\@BCL@F807E82B.xlsx URBAN ENGINEERING -1 TABULATED BY:JWE COMPLETED 189 DAYS DATE:9/21/2022 RFB 4388 PN.21065 Strasbourg Drive A.Ortiz Construction&Paving,Inc. Mako Contracting Clark Pipeline Services, LLC (Grenoble Dr. to Marseille Dr.) 102 Airport Rd. 3636 S.Alameda,Ste. B-153 6229 Leopard Street ID: R F B 4388 PN.21065 Corpus Christi,TX 78405 Corpus Christi,TX 78411 Corpus Christi,TX 78409 (361)882-2122 (361)561-6256 (361)816-6007 ITEM DESCRIPTION UNIT QUANITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B13 REFL PAV MRKTY I(Y)4"(BRK) LF 1,045 $ 2.00 $ 2,090.00 $ 2.22 $ 2,319.90 $ 2.44 $ 2,549.80 (090 M I L) REFL PAV MRKTY C HEAT APPLIED PREFAB PREFORMED B14 THERMOPLASTIC(W)24"(SLD) LF 119 $ 16.00 $ 1,904.00 $ 31.20 $ 3,712.80 $ 34.32 $ 4,084.08 (125 MIL) B15 REFL PAV MRKR TY II-A-A EA 42 $ 10.00 $ 420.00 $ 12.00 $ 504.00 $ 13.20 $ 554.40 B16 REFL PAV MRKR TY II-B-B EA 3 $ 22.00 $ 66.00 $ 18.00 $ 54.00 $ 19.80 $ 59.40 B17 Allowance for Unanticipated Street AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Improvements Sub Total Street Improvements: $971,179.34 $919,350.92 $1,538,951.20 ADAIMPROVEMENTS C1 Mobilization(5% Maximum of ADA LS 1 $ 9,695.80 $ 9,695.80 $ 12,000.00 $ 12,000.00 $ 8,580.00 $ 8,580.00 Items C2 Sidewalk and Accessible Ramp SF 10500 $ 4.00 $ 42,000.00 $ 5.00 $ 52,500.00 $ 2.64 $ 27,720.00 Demolition C3 Sidewalk Retaining Curb LF 350 $ 28.00 $ 9,800.00 $ 40.00 $ 14,000.00 $ 49.22 $ 17,227.00 C4 Sidewalk SF 12952 $ 8.00 $ 103,616.00 $ 9.50 $ 123,044.00 $ 10.42 $ 134,959.84 C5 Sidewalk Drain EA 4 $ 250.00 $ 1,000.00 $ 3,500.00 $ 14,000.00 $ 5,478.00 $ 21,912.00 a essible Ram EA 10 $ 3,000.00 $ 30,000.00 $ 2,500.00 $ 25,000.00 $ 2,310.00 $ 23,100.00 wance for Unanticipated ADA AL 1 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 $ 7,500.00 rovements Sub Total ADA Improvements: $ 203,611.80 $ 248,044.00 $ 240,998.84 DRAINAGE IMPROVEMENTS D1 Mobilization(5% Maximum of LS 1 $10,730.15 $10,730.15 $10,000.00 $10,000.00 $9,240.00 $9,240.00 Stormwater Items D2 Curb and Gutter Demolition LF 2,976 $6.50 $19,344.00 $10.00 $29,760.00 $6.60 $19,641.60 D3 Remove Existing Storm Main,up to LF 219 $15.00 $3,285.00 $57.50 $12,592.50 $46.20 $10,117.80 36"Diameter D4 6"Curb and Gutter LF 2,976 $29.00 $86,304.00 $28.001 $83,328.00 $25.08 $74,638.08 D5 36"RCP Class III LF 69 $275.00 $18,975.00 $402.50 $27,772.50 $662.82 $45,734.58 D6 24"RCP Class III LF 55 $195.00 $10,725.00 $316.25 $17,393.75 $299.55 $16,475.25 D7 18"RCP Class III LF 100 $175.00 $17,500.00 $201.25 $20,125.00 $230.74 $23,074.00 D8 Replace Top 24"of Curb Inlet EA 10 $3,000.00 $30,000.00 $1,725.00 $17,250.00 $2,508.00 $25,080.00 D9 Adjust Ring and Cover EA 3 $2,250.00 $6,750.00 $2,875.00 $8,625.00 $2,221.56 $6,664.68 D10 OSHA Trench Safety Plan LF 224 $30.00 $6,720.00 $5.75 $1,288.00 $46.20 $10,348.80 D11 OSHA Manhole/Inlet SafetyPlan EA $1,500.00 $0.00 $0.00 $0.001 $9,800.00 $0.00 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F807E82B\@BCL@F807E82B.xlsx URBAN ENGINEERING -2 TABULATED BY:JWE COMPLETED 189 DAYS DATE:9/21/2022 RFB 4388 PN.21065 Strasbourg Drive A.Ortiz Construction&Paving,Inc. Mako Contracting Clark Pipeline Services, LLC (Grenoble Dr. to Marseille Dr.) 102 Airport Rd. 3636 S.Alameda,Ste. B-153 6229 Leopard Street ID: R F B 4388 PN.21065 Corpus Christi,TX 78405 Corpus Christi,TX 78411 Corpus Christi,TX 78409 (361)882-2122 (361)561-6256 (361)816-6007 ITEM DESCRIPTION UNIT QUANITY UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT D12 Allowance for Unanticipated AL 1 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 Stormwater Improvements Sub Total Drainage Improvements: $225,333.15 $243,134.75 $256,014.79 WATER IMPROVEMENTS E1 Mobilization(5% Maximum of Water LS 1 $16,938.80 $16,938.80 $25,000.00 $25,000.00 $2,310.00 $2,310.00 Items E2 Remove Existing Water Main LF 100 $15.00 $1,500.00 $86.25 $8,625.00 $47.37 $4,737.00 E3 8"C-900 PVC Water Line LF 1,592 $98.00 $156,016.00 $133.00 $211,736.00 $170.48 $271,404.16 E4 8"Gate Valve EA 8 $3,200.00 $25,600.00 $3,450.00 $27,600.00 $2,422.20 $19,377.60 E5 8"45°Bend EA 8 $700.00 $5,600.00 $1,092.50 $8,740.00 $587.40 $4,699.20 E6 8"Deflections EA 7 $1,100.00 $7,700.00 $5,750.001 $40,250.00 $1,795.20 $12,566.40 E7 8"Tee EA 3 $1,200.00 $3,600.00 $1,897.50 $5,692.50 $811.80 $2,435.40 E8 8"Connection(Tie to Existing) EA 5 $1,450.00 $7,250.00 $8,625.00 $43,125.00 $1,623.60 $8,118.00 E9 Service Reconnect(Up to 3") EA 23 $1,750.00 $40,250.00 $4,025.00 $92,575.00 $2,659.80 $61,175.40 E10 Fire Hydrant EA 3 $12,000.00 $36,000.00 $10,925.00 $32,775.00 $6,745.20 $20,235.60 E11 OSHA Trench Safety Plan LF 1,592 $30.00 $47,760.00 $2.30 $3,661.60 $2.64 $4,202.88 E12 Allowance for Unanticipated Water AL 1 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 Improvements Sub Total Water Improvements:1 $355,714.801 1 $507,280.101 $418,761.64 WASTERWATER IMPROVEMENTS F1 Mobilization(5% Maximum of LS 1 $11,238.75 $11,238.75 $25,000.00 $25,000.00 $178.20 $178.20 Wasterwater Items) F2 4'Diameter Manhole Rehab EA 6 $11,500.00 $69,000.00 $16,800.00 $100,800.00 $11,899.80 $71,398.80 F3 10"HDPE by Pipe Bursting LF 450 $150.00 $67,500.00 $333.50 $150,075.00 $261.36 $117,612.00 F4 8"HDPE by Pie Bursting LF 395 $135.00 $53,325.00 $299.00 $118,105.00 $135.96 $53,704.20 F5 Wastewater Service Reconstruction EA 21 $650.00 $13,650.00 $1,232.00 $25,872.00 $3,505.92 $73,624.32 F6 Control of W.W.Flow LS 1 $9,800.00 $9,800.00 $33,600.00 $33,600.00 $59,400.00 $59,400.00 F7 OSHA Safety Plans LS 1 $4,000.00 $4,000.00 $4,025.00 $4,025.00 $13,200.00 $13,200.00 F8 Allowance for Unanticipated AL 1 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 Wastewater Improvements Sub Total Wastewater Improvements: $236,013.75 $464,977.00 $396,617.52 Bid Total:1 $2,199,873.32] $2 610 160.77 $3,104,783.391 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F807E82B\@BCL@F807E82B.xlsx URBAN ENGINEERING -3 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 21065 Project Name Strasbourg Dr(Grenoble Dr to Marseille) Type Reconditioning-Asset Longevity Department Public Works Useful Life 25 years Contact Director of Public Works Category Street-Rehabilation Priority 2 Critical-Asset Condition\longevity Status Active Description This project consists of reconstruction of existing roadway with new pavement,curb&gutter,sidewalk,ADA compliant curb ramps,signage, pavement markings,traffic signalization improvements,and concrete bus pads.Consideration will be given for improvements to bike mobility per the adopted MPO bicycle mobility plan.This project is currently scheduled to begin construction in FY2023 and continue until completed. Schedules may be adjusted after design is completed or during annual CIP updated. Justification This project will replace aging utilities where applicable,improve the road to accommodate heavier traffic flows and provide a safer driving experience. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,580,000 1,580,000 Design 400,000 400,000 Storm Water-St. 746,000 746,000 WasteWater-St 524,000 524,000 Water-St. 504,000 504,000 Gas-St. 140,880 140,880 Eng,Admin Reimbursements 40,000 260,000 300,000 Total 440,000 3,754,880 4,194,880 Funding Sources Prior Years 2023 2024 2025 Total G.O.Bond 2020 220,000 1,780,000 2,000,000 Revenue Bonds 220,000 1,974,880 2,194,880 Total 440,000 3,754,880 4,194,880 Budget Impact/Other There is no projected operational impact with this project at this time. Once the project is completed it will be added to the Street Preventative Maintenance Program. 225 Corpus Christi Engineering Strasbourg Drive (Grenoble Drive to Marseille Drive) Council Presentation November 1, 2022 Strasbourg Drive (Glenoble Drive to Marseille Drive) Cor pus Chr sti Project Location Engineering � �. 14W Location Map FF Strasbourg Drive neaiu naa PROJECT HUMBER 21 065 0 _ Strasbourg Drive (Glenoble Drive to Marseille Drive) Copus Chi stf Scope of Work Engineering Motion awarding a construction contract to A. Ortiz Construction & Paving, Inc., Corpus Christi, TX, for reconstruction of Strasbourg Drive from Grenoble Drive to Marseille Drive with new asphalt pavement and utility improvements, located in Council District 5, in an amount of $2,199,873.32. The proposed scope of work includes the listed below items: • Full depth reconstruction of the existing 2-lane roadway with a new asphalt pavement section, pavement markings • New traffic signs • ADA compliant pedestrian improvements • Drainage improvements and utility upgrades Strasbourg Drive (Glenoble Drive to Marseille Drive) Corpus Chr sti Project Schedule Engineering 2021-2022 2022 2022-2023 March -August August - October Dec- May Design Bid/Award Construction ]i Projected Schedule reflects City Council award in October 2022 with anticipated completion by May 2023 S Com` GO `moi r U 'NCORPOPPY E� xs52 AGENDA MEMORANDUM Action Item for the City Council Meeting of November 1, 2022 DATE: November 1, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste david l3(a)cctexas.com (361) 826-1966 Heather Hurlbert, CPA, CGFO, Director of Finance & Procurement heatherh3(a)cctexas.com (361) 826-3227 Professional Services Agreement Cefe F. Valenzuela Landfill Sector 2A Cell Development CAPTION: Motion authorizing a professional services contract with Hanson Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for Cefe F. Valenzuela Landfill Sector 2A cell development in the amount of$803,479.40, located nine miles west of Corpus Christi on FM2444 and CR 20, with FY 2023 funding available from Solid Waste Capital Fund. SUMMARY: This motion authorizes approval for a professional services contract for design, bid, and construction phase services for the Cefe F. Valenzuela Landfill Sector 2A Cell Development. BACKGROUND AND PURPOSE: The Cefe F. Valenzuela Landfill became operational in 2008. The landfill serves twelve counties in the Coastal Bend area for both private and municipal customers. An average of 420,000 tons of waste is disposed at the Landfill each year. The landfill consists of Unit 1 and Unit 2. There are twelve cells in Unit 1 with seven of the cells constructed and the Sector 2A cell will be the eighth cell. The remaining cells, approximately 65 acres, will be constructed in Unit 1 through 2040 with a useful life through 2047. Unit 2 will be implemented after Unit 1 reaches capacity. This agreement provides for design of Sector 2A Cell before exhausting capacity of Cell 3C. Based on current demand the current landfill Cell 3C is on pace to reach a top deck elevation of 130 feet around September 2023. Sector 2A Cell is approximately 26 acres in size and will hold about 3.8 million cubic yards of waste. The cell will have a compacted clay soil liner. The design will be based upon the liner configuration starting from bottom to top; dewatering system/underdrain, prepared subgrade, compacted clay liner, 60 mil High Density Polyethylene (HDPE) geomembrane, drainage, geocomposite/leachate collection system, and protective cover, including drainage chimneys. The finished liner system will also include a tie-in to the existing liner systems for Sectors 3C and 1 C. PROJECT TIMELINE: 2022 - 2023 2023 - 2024 November - April April - June July - March Design Bid/Award Construction Projected schedule reflects City Council award of design services in November 2022 with anticipated construction completion by March 2024. COMPETITIVE SOLICITATION PROCESS: Hanson Engineering was selected in April 2022 under RFQ No. 3977 Professional Engineering Services for Cefe F. Valenzuela Landfill Sector 2A Cell Development project, which was one of two projects announced under the Solid Waste CIP 2022 Projects category of the RFQ. Four firms submitted for Cefe F. Valenzuela Landfill Sector 2A Cell Development. The selection committee was comprised of representatives from the Solid Waste Department and Engineering Services Department. The final evaluation ranked Hanson Engineering as the highest ranked firm based on eight factors: 1) Experience on projects of similar scope and complexity, 2) Demonstrated capability & capacity on comparable projects, 3) Past performance, 4) Team member experience and qualifications, 5) Team members experience similar to scope and complexity, 6) Availability of resources, 7) Demonstrate understanding of the scope of work, 8) Demonstrate understanding and experience with public safety. Hanson Engineering has worked on City projects for over twenty years and has completed many projects. Notable projects include Cefe F. Valenzuela Landfill Sector 3C Disposal Cell Development and Cefe F. Valenzuela Landfill 20-year master plan. ALTERNATIVES: Council could choose not to award the contract to Hanson Engineering. Not awarding the contract for professional services to Hanson Engineering will delay necessary cell development to Cefe F. Valenzuela Landfill, create more costly maintenance in the future, and may affect the ability to meet the operational and regulatory requirements. In addition, the delay could also cause TCEQ permit violations and fees. FISCAL IMPACT: The fiscal impact to FY 2023 is an amount not to exceed $803,479.40 with funding available through the Solid Waste Capital Fund. The Capital Improvement Program (CIP) project page shows that currently the project has $867,000 for design and inspections. FUNDING DETAIL: Fund: SolidWst2021TCO (Fund 3373) Mission Elem: Maintaining Solid Waste Facilities (031) Project No.: Cefe F. Valenzuela Landfill Sector 2A Cell Development (21035) Account: Outside Consultants (550950) Activity: 21035-3373-EXP Amount: $803,479.40 RECOMMENDATION: Staff recommends approval of the professional services contract with Hanson Engineering, in an amount not to exceed $803,479.40 for Cefe F. Valenzuela Landfill Sector 2A Cell Development project. The design phase will begin in October 2022 with estimated design completion in April 2023. Construction is anticipated to begin in July 2023 with anticipated completion in March of 2024. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix CIP Page Proposal Presentation N CR 2O SCALE: N.T.S. CO STAPLES STREET CEFE F. VALENZUELA LANDFILL PROJECT LOCATION m � U //////� 07 U F� M AERIALMAP NOTTToPROJECT NUMBER: 21035 TO SCALE CEFE F. VALENZUELA LANDFILL CITY COUNCIL EXHIBIT . CITY EN CORPUS CHRISTI,TEXAS SECTOR 2A CELL DEVELOPMENT DEPARTMENT OF ENGINEERING SERVICES 4 �!. 17 PROJECT LOCATION N SCALE: N.T.S. Doyle a V&M1 LOCATION MAP 624 NOT TO SCALE NUECES BAY ANNAVILLE 77 o RRi R U SHIP 0 o CORPUS CHRISTI g 3 �Op o '9Ro I LEOPARD U � a' ROBSTOWN z 44 44 CORPUS CHRISTI o 286 INTERNATIO AL AIRPORT MO(t0 358 4 z ; Fgti N w 9 N N O 03 y� S,4 OC PROJECT LOCATION 358 M CABANISS y Z FIELD Lyp 665 43 O O� 286 z \n- V o'er 0 2444 YOR/�O k"H VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21035 CEFE F. VALENZUELA LANDFILL CITY COUNCIL EXHIBIT CITY EN CORPUS CHRISTI,TEXAS SECTOR 2A CELL DEVELOPMENT DEPARTMENT OF ENGINEERING SERVICES RFQ No.3977 Professional Engineering Services for Capital Improvement Projects FY2022 Cefe Valenzuela Landfill Sector 2A Cell Development Hanson Professional Proposal Evaluation Score cP&Y Services Mendez Engineering Patrick Engineering Minimum Qualifications Pass/Fail Pass Pass Pass Pass Licensing/Certification V V J J No Material Lawsuits Past 5 Years V V J J No Material Regulatory Issues Past 5 Years References Provided for Firm Technical Proposal 80 57 so 22 55 Experience on projects of similar scope and complexity 7 5 7 2 4 Demonstrated capability&capacity on comparable projects 7 5 7 2 4 Past Performance 7 4 7 2 5 Team members with experience and qualifications 7 5 7 2 5 Team members experience with work of similar scope and complexity 7 5 7 2 4 Availability of resourcesto accomplish the work 7 5 7 2 5 Demonstrated understanding of the scope of services 19 14 19 5 14 Demonstrated understanding and experience with a public agency 19 14 19 5 14 Interview 20 0 0 0 0 Demonstrated Experience providing these Services 5 0 0 0 0 Team members with experience and qualifications 5 0 0 0 0 Demonstrated understanding of scope of services 3 0 0 0 0 Knowledge of Similar Services 3 0 0 0 0 Capability to perform work 4 0 0 0 0 Total 100 57 80 22 55 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 21035 ~ Project Name C.F.Valenzuela Landfill Sec.2A Cell Development Type Improvement/Additions Department Solid Waste Useful Life 40 years Contact Director of Solid Waste Category Site Improvements Priority 2 Critical-Asset ConditionVongevity Status Active Description Project provides for cell development of sector 2A after exhausting capacity of cell 3C,which has estimated service life of 5 years. Based on current demand,landfill cell configuration and sequence,Sector 2A development will start in 2023. Justification This project is required to meet operational and regulatory requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 6,600,000 6,600,000 Inspection 400,000 400,000 Design 467,000 467,000 Eng,Admin Reimbursements 650,000 650,000 Total 8,117,000 8,117,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (New) 7,600,000 7,600,000 Certificates of Obligation(Prior) 517,000 517,000 Total 8,117,000 8,117,000 Budget Impact/Other This project is required by the Texas Commission on Environmental Quality(TCEQ)and successful completion ofproject in a timely manner will avoid fines and penalties as well as protect the environment. This project will provide cover soil from new cell excavation,which will save operational budget costs. 147 HA SOI� 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 September 16, 2022 Mr. Jeff H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Re: Cefe F. Valenzuela Landfill Development of Sector 2A Dear Mr. Edmonds: Hanson Professional Services, Inc. (Hanson) wants to thank the City of Corpus Christi (City) for selecting our firm to provide professional engineering services for the Sector 2A expansion project at the City's Cefe F. Valenzuela municipal solid waste landfill (Landfill). The following outlines our proposal to complete this work. Sector 2A is approximately 26 acres in size and the Solid Waste staff has elected to use the compacted clay soil liner option for the lining system. Our staff is familiar with the Cefe F. Valenzuela landfill and we have copies of the relevant permit documentation from the Texas Commission on Environmental Quality (TCEQ) governing the design and construction of the project. Based on this understanding of the work, we propose to perform the following specific tasks: Engineering Design and Assistance with Bidding Schematic Design The schematic design is based upon the specific liner configuration as depicted in the landfill permit narrative and related drawings consisting of the following components (from bottom to top): dewatering system/underdrain, prepared subgrade, compacted clay liner, 60 mil High Density Polyethylene (HDPE) geomembrane, drainage geocomposite/leachate collection system, and protective cover, including drainage chimneys. The finished liner system will also include a tie-in to the existing liner systems for Sectors 3C and 1 C. Hanson will prepare a schematic design package in Adobe Acrobat electronic format and host a design workshop with the City to review the package. The package will include: • A plan view layout of the proposed construction, including the proposed cell configuration as well as cell-related components that will be a part of the project. • A technical memo outlining construction work items for the bid package, approximate quantities and preliminary opinion of probable construction costs, and a description of additional requirements (e.g., TCEQ mandated construction inspection/quality assurance testing, regulatory submittals, required infrastructure extensions, changes in financial assurance, required additional monitoring, and appurtenances required.). • A proposed project schedule. Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi September 16, 2022 - 2 - 60% Construction Documents Package Based on the comments received from the City on the Schematic Design, Hanson will prepare draft construction documents representing approximately 60% design completion and will meet with the City in a design review workshop. The package will include: • Construction drawings, including plans, sections, and details, for the construction components identified in the schematic design. Drawings will include the record drawing number as provided by the City. • Construction specifications for construction components identified in the schematic design. • Contract documents, including instructions to bidders, agreements, bonds, general conditions and special conditions, using City standard forms with information required to render those forms suitable for the project. All documents will be prepared in City standard format and drawings will be developed in electronic format (AutoCAD Civil 3D®, updated through 2017 or higher). Final drawings will be archived from AutoCAD Civil 3D as Adobe Acrobat Portable Document Format (.pdf) set up as full size 22" x 34" sheets printable at a standard engineering scale and capable of being reproduced on half size 11" x 17" sheets. Contract documents and specifications will be prepared in Microsoft Word and will be archived as .pdf. 90% Construction Documents Package Based on the comments received from the City on the 60% Construction Documents Package, Hanson will prepare a 90% design submittal package of construction documents and will meet with the City in a design review workshop to review the package. The package will include updated versions of the documents furnished for the 60% submittal along with an opinion of probable construction cost. 100% Construction Documents Package Following the incorporation of any comments from the 90% construction documents review, Hanson will prepare and deliver to the City Engineer final reproducible drawings, specifications and contract documents. This package will include: • An electronic version of all documents in PDF format on Digital Video Disk (DVD) or on other comparable electronic media acceptable to the City. • Three (3) hard copy sets of 22" x 34" full size drawings. • Three (3) hard copy sets of 11" x 17" half-size drawings. • Three (3) hard copy sets of contract documents and specifications. • One (1) hard copy of the opinion of probable construction cost. Electrical Design (Sump Power Supply) This project will include the provision of a leachate sump pump along with the necessary power requirements and leachate discharge piping extending from the sump to an existing tee in the 4-inch leachate discharge piping adjacent to Sector 3C. Hanson will employ a sub- consultant (Bath Group, Inc., Corpus Christi) for the electrical engineering design of these features. Assistance with Bidding The City will utilize the CivCastUSA website for managing the bidding process and will be responsible for uploading documents, managing the project on the website, and conducting Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi September 16, 2022 - 3 - the public bidding process. Hanson will provide the City with the following services during the bidding phase: • Attend the pre-bid meeting including a site visit to the landfill. • Evaluate questions from bidders and prepare for the City Engineer written answers to questions or requests for additional information. • Prepare written addenda for the City Engineer as warranted for any additional information or bid document revisions to be conveyed to potential bidders. • Attend the bid opening. • Review bids received, including a review of each bid to ensure it contained the minimum information to be considered responsive, and prepare a tabulation of bids. • Prepare a written evaluation of the bids and recommendation for award. Support Services Pre-Construction Topographic Surveying Hanson will perform a pre-construction topographic survey of the proposed Sector 2A construction area to obtain information on existing conditions necessary for design, including estimation of excavation and/or fill volumes. The City will expose the existing liner at specific locations along the west edge of Sector 3C and the south edge of Sector 1 C. This survey will be performed using conventional surveying equipment, based on the survey datum provided in the TCEQ permit documents. There will be no separate deliverable of the pre- construction topographic survey; the results will be incorporated into the schematic design and construction documents. Construction Administration and Quality Assurance Construction Administration Hanson will provide the following services during the construction phase of this project: • The construction administration services outlined below are based on a construction contract term of nine (9) months from Notice to Proceed to substantial completion. • Attend and assist the City with the pre-construction conference. • Review up to fifteen (15) material and other submittals customarily provided by the contractor or required by the contract documents during the course of construction. Submittals requiring more than two (2) reviews by Hanson will be performed on a time and materials basis, noted separately on Hanson's billing to the City. The contract documents will specify that the contractor reimburse the City for the cost of these additional reviews. Hanson's review of the contractor's submittals shall only be for the purpose of checking for general conformance with the design concept expressed in the contract documents. Hanson shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions. • Provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract and are not contrary to the general interest of the City under the contract. • Review and evaluate up to three (3) change order proposals that may be necessary during the progress of the work including a recommendation to accept or reject. • Consult with the City and exchange oral status reports on a weekly basis during construction. • Make weekly visits to the project site to observe the general progress and quality of the work, and determine, in general, if the work is being done in accordance with the Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi September 16, 2022 - 4 - contract documents and in accordance with the quantities of work represented in current contractor requests for payment. Weekly site visits will not constitute or be confused with resident project representative services or continuous monitoring of the progress of construction. Hanson sub-consultants may also make up to three (3) site visits during construction. Additional on-site observation will be provided by our subcontractor, Modern Technology/Modern Environment (MTME) of Corpus Christi, Texas as a portion of the Geotechnical Quality Assurance (QA) services as described below. • Conduct an inspection in anticipation of substantial completion and prepare a punch list of items for correction, repair or installation by the contractor prior to final inspection. • Conduct a final inspection with the City and contractor, to include an orientation by the contractor to familiarize City personnel with the mechanical and control systems. • On the basis of contractor's field set of"red-line" drawings, Hanson's field observations, approved change orders, and documented changes reported by the City's inspector(s), Hanson will prepare a set of record drawings to be provided in both electronic format (as described for the 60% submittal) and in one (1) hard copy. • Hanson is not responsible for the contractor's means and methods of construction. Post-Construction Topographic Surveying Hanson will perform post-construction topographic surveys to document the horizontal and vertical placement of construction elements required by TCEQ regulations, the facility's permit and the construction QA documents. These will include surveys of the subgrade, the compacted clay liner, the geomembrane liner panel seams, the protective cover layer and the waste for ballast layer. To accommodate construction sequencing, the survey of the subgrade, compacted clay liner, and protective cover components will include up to three (3) mobilizations for completing the survey. We will also coordinate with the contractor's surveyor to confirm location and information for the Landfill's existing survey control system. Geotechnical QA Services (SLER, GLER, BER) TCEQ regulations and the facility permit require that during landfill construction, the City provides geotechnical QA services to confirm that the landfill liner materials meet the required material properties and that the construction and installation procedures comply with the requirements identified in the permit and QA documents. Additionally, it is required that a qualified technician or engineer be present on site at all times when liner construction is occurring (consisting of the compacted clay liner, geomembranes, leachate collection system, and protective cover placement). This on-site observation will be supplemented with the field and laboratory testing program outlined in the permit and QA documents. Properly credentialed personnel and analytical laboratories will be used for all testing, as outlined in the permit and the QA documents. The results of all field and laboratory testing will be included in the appropriate reports submitted to the TCEQ. MTME will provide construction Quality Assurance (QA) services and preparation of the documentation for TCEQ submittal. MTME staff will be on site to observe and document construction, as well as coordinate sampling and field and laboratory testing of construction materials. As the professional of record, MTME will prepare the Soil Liner Evaluation Report (SLER), and the Geomembrane Liner Evaluation Report (GLER) for submittal to TCEQ. A Ballast Evaluation Report (BER) is required to demonstrate that the landfill has placed adequate waste in the cell to provide ballast to prevent uplift of the landfill liner, based on the design established in the TCEQ permit. Because the QA effort is greatly influenced by the schedule and productivity of the contractor, the fee for geotechnical QA services is recognized as an estimate and billing will be on a time and materials (T&M) basis for actual hours worked plus reimbursable costs (materials testing, shipping, vehicle and equipment usage, etc.). The Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi September 16, 2022 - 5 - fee estimate for the QA services is based on a construction contract term of nine (9) months from Notice to Proceed to substantial completion, working twelve (12) hours per day, seven (7) days per week. Schedule This schedule was developed in consultation with City staff and includes a timeline with the objective of providing the City with uninterrupted disposal space at the landfill. The proposed schedule for the project is presented below. Project Schedule Design Start October 31, 2022 Topographic Design Survey November 2022 Draft ELR Submittal November 14, 2022 City Draft ELR Review Complete November 25, 2022 Final ELR Submittal December 5, 2022 60% Design Submittal January 9, 2023 City 60% Design Review Complete January 20, 2023 90% Design Review Submittal February 13, 2023 Cit 90% Design Review Complete February 24, 2023 100% Pre-ATA Submittal March 20, 2023 Final Sealed Bid Package Aril 2023 Advertise For Bids April 2023 Pre-bid Conference May 2023 Receive Bids May 2023 Contract Award June 2023 Begin Construction July 2023 Complete Construction March 2024 Compensation Based on the tasks outlined above, the proposed fee for these services will be as follows: Project Component Fee Basic Services Design Phase $195,128.00 Bid Phase $11,828.00 Construction Administration Phase $98,692.00 Subtotal Basic Services $305,648.00 Additional Services Topographic Surveying $43,813.00 Geotechnical QA Services Time and Materials Estimate $454,018.40 Subtotal Additional Services $497,831.40 Summary of Fees Basic Services Fees $305,648.00 Additional Services Fees $497,831.40 Total Authorized Fees $803,479.40 Mr. Jeff Edmonds, P.E. Director of Capital Programs, City of Corpus Christi September 16, 2022 - 6 - We value our on-going relationship with the City of Corpus Christi and appreciate the opportunity to submit this proposal to you. We look forward to working with you on this important project. If you have questions or need additional information, please do not hesitate to contact us. Sincerely, HANS�/O OFESSIONAL SERVICES INC. W��i1/ Willie Ri ra, Jr., P.E. Vice President/Senior Project Manager cc: Philip Aldridge, Assistant Director of Solid Waste Services I:\21jobs\21 L0229DWdmin\03-Proposal\Cefe Sector 2A Proposal(Rev 2).docx Corpus Chr s[i Engineering Cefe F. Valenzuela Landfill Sector 2A Cell Development Council Presentation � November 1, 2022 EngineeringProject Location C4rpusChrsti I�. PROJECT LOCATION N N - 5.1 NSS. CR 20 SM NTS. m o' STAPLES STREET U �� wao wrr CEFE F.VALENZUELA LANCFI PROJECT LOCATION X PROJECT LOCATIOIN S PROJECT WMBER.21035 --- - _ PROJECT NUMBER:21035 2 Project Scope corpusChrst; Engineering Motion authorizing a professional service contract with Hanson Engineering to provide design, bid and construction phase services for Cefe F. Valenzuela Landfill Sector 2A Cell Development in an amount not to exceed$803,479.40. The proposed scope of work includes the listed below items: • Complete Cell development of Sector 2A • Installation of dewatering system/underdrain, prepare subgrade, 60 mil High Density Polyethylene (HDPE) geomembrane drainage, and geocomposite/leachate collection system. • Installation of sump pump and necessary power requirements. • Install leachate discharge piping extending from the sump to an existing leachate discharge piping to an adjacent cell. Project Schedule Carpus Chr sti Engineering 2022 - 2023 2023 2023 - 2024 October - April April - June July - March Design Bid/Award Construction Project schedule reflects City Council award in October 2022 with anticipated construction completion in March 2024. so �o p A P v AGENDA MEMORANDUM COR 0R I Action Item for the City Council Meeting of November 1, 2022 1852 DATE: November 1, 2022 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning Danielmc(a)cctexas.com 361-826-7011 Resolution Directing Staff to Prepare a Municipal Service Plan for the Annexation of Portions of County Roads 18 and 43 CAPTION: Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Right of Way for sections of County Roads 18 and 43, allowing for the annexation of the Caroline Heights subdivision, by Cypress Point Capital, LLC. SUMMARY: This resolution will direct staff to prepare a municipal service plan for portions of County Road (CR) 18 and CR 43. The Nueces County Commissioner's Court is requesting annexation of these portions of their roads in order to extend the City limit line to a 37.44-acre tract located near the corner of FM 2444 (S. Staples Street) and CR 43 owned by Cypress Point Capital LLC (the "developer"). Once contiguous with the City limit line, the developer will be eligible to request annexation of their land and proposes to develop a 28-unit single-family subdivision connected to City water. The developer will also request reimbursement from the City's Water Trust Fund for constructing an oversized water line required by the City's Water Master Plan. Staff recommends passage of this resolution. BACKGROUND AND FINDINGS: Cypress Point Capital LLC (the "developer") is intending to build a single-family residential development called Caroline Heights consisting of 28 half-acre lots. The development is on the southeast corner of FM 2444 (South Staples Street) and County Road (CR) 43 and will connect to City water, but each lot will have a private septic system. The developer will oversize the water line per the City's Water Master Plan and is, therefore, seeking reimbursement from the City's Water Trust Fund. The Trust Funds are defined in the City's Unified Development Code as "funds held in trust by the City for developers to provide for a fair and equitable expansion of water, wastewater, and stormwater infrastructure for new development." To be eligible to connect to City water utilities and to receive reimbursement from the Trust Fund, the property must be within the City's limits. Because the subject property is not contiguous with the current City limit line, which is a requirement of State law, the Nueces County Commissioner's Court is also petitioning the City to annex sections of CR 18 and CR 43, which will extend the City limit line to the developer's property and create "contiguity" for Cypress Point Capital's property. The Nueces County Commissioners Court's annexation request will include the following road sections, totaling 9.78 acres of land: • CR 18 between CR 41 and CR 43; and • CR 43 between FM 2444 (South Staples Street) and CR 18. Texas Local Government Code 43.065, which is applicable to the annexation of a road and right-of-way, requires that"[b]efore the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed." The Service Plan outlines how the City will provide services to the subject property. The Service Plan for County Roads 18 and 43 will be limited to street maintenance. Of the two county roads, only CR 43 is improved with approximately 1,800 linear feet of asphalt pavement from FM 2444 to approximately the entrance to the proposed subdivision. ALTERNATIVES: Staff evaluated alternatives for creating "contiguity" for the property owned by Cypress Point Capital, such as selecting different road right-of-ways that would reach the property or requiring Cypress Point Capital to work with neighboring private property owners to create a connecting path to the City limit line. In the end, the Nueces County Commissioners Court agreed to provide the connection. FISCAL IMPACT: There is no immediate financial/fiscal impact associated with this resolution. In the future, the City will be responsible to fund road maintenance. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the request to direct staff to prepare the service plan for the annexation of County Right of Way for sections of County Roads 18 and 43. LIST OF SUPPORTING DOCUMENTS: Exhibit Map: County Roads 18 and 43 Area Map Resolution Petition for Annexation (Resolution from Nueces County Commissioner's Court) Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Right of Way for sections of County Roads 18 and 43, allowing for the annexation of the Caroline Heights subdivision, by Cypress Point Capital, LLC. WHEREAS, Nueces County has petitioned the City requesting annexation of County Right of Way for sections of County Road 18 and 43 per Texas Local Government Code §43.1055; and WHEREAS, Texas Local Government Code §43.065 requires the City Council to direct its planning department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Planning Department is directed to prepare a service plan that provides for the extension of full municipal services to the area to be annexed pursuant to Nueces County's petition for annexation of County Right of Way for sections of County Road 18 and 43. 1 PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor 2 ' � ppm•.O ����,��,��' ����,��� � � .k���� ;♦�.•°i ter:. cab 19µnying �� s Sid. MR, 6"' ___� �. /�Y FM 2 TX357� JJJ « m FM 1444- Oso Creek TX 286 Annexation Area t mss + �� / r- Legend �� _ N Annexation Area �Rf i a City Limits Property Lines 0 500 1,000 2,000 3,000 4,000 Tract A: Feet Annexation Area (Land) ® �.��� ♦�i'►�►° Annexa16ion Area (*ROW) I`IR'��I�� 17 9.780 Ages *ROW:Street Right-of-way .µ IIJA Resolution Directing Staff to Prepare a Municipal Service Plan for the Annexation of Portions of County Roads 18 and 43 (9.78 acres) City Council Presentation November 1, 2022 Vicinity Map for Tracts A & B s. fir...... !.. �y�,. ��. "IN UV � j S, � e 7 �m Annexation Tracts A & B I�AI►� 11 1217 O�9 Td. s _ Annexation Area Legend o N s I�1 A t o Area a s 1 r_Icityurxts Property Lines 0 5001,000 2,000 3,000 4,000 Trac I Feet Annexa•ionArea(Lan 37.440 Acres ���1= �►1���,`i:� of Annexat•ion,area(*ROW) 9.780 a 1 map�- C�oo�pm� *ROW:Street Right-of-way 3 Background • Tract A: 37.44 acres owned by Cypress Point Capital LLC • Tract B: 9.78 acres being portions of CR 18 and CR 43 owned by Nueces County • The purpose of annexing County Roads 18 and 43 is to extend the City limit line to a 37.44-acre property at the corner of FM 2444/South Staples Street and CR 43, which is owned by Cypress Point Capital LCC. • Once "contiguous" to the City limit line, Cypress Point Capital will be eligible to request annexation and later reimbursement from the Water Trust Fund to support the development of a 28-unit single-family subdivision. Background AU7 • Texas Local Government Code section 43.1055 provides a process for a city to annex road right-of-way (ROW) upon the request of who owns/maintains the ROW. • This resolution is the first step in the process of annexing the County Roads. • No decision about whether to annex any property is being made today. Annexation Schedule V,^57 11-1-2022 - City Council Resolution Directing Staff to Prepare a Service Plan 11-4-2022 - Public Notice for 1st & 2nd Public Hearings 11-15-2022 - Hold 1st & 2n l City Council Public Hearings 12-20-2022 - One Reading Ordinance; Annexation Complete Staff Recommendation Approval of the resolution directing staff to prepare a service plan for CR 18 and CR 43. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting November 1 , 2022 DATE: October 25, 2022 TO: Peter Zanoni, City Manager FROM: Constance P. Sanchez, Chief Financial Officer constancep@cctexas.com (361) 826-3189 Appointing Replacement of At Large Member to the Corpus Christi City Council Ad Hoc City Auditor Nominating Committee CAPTION: Resolution appointing a replacement at-large member to the ad hoc nominating committee to review and recommend candidates for the position of City Auditor. SUMMARY: Article II, Section 29(a) of the City Charter states that the City Council shall appoint a City Auditor. The City of Corpus Christi, however, has been without a permanent City Auditor since 2018. Per the City Code of Ordinances, Chapter 12'/2, Section 8, the City Council shall appoint an Ad Hoc Nominating Committee to recommend to the City Council candidates for City Auditor. On June 14, 2022, the City Council appointed an Ad Hoc City Auditor Nominating Committee. Since that time, the at large member had to resign for personal reasons, and so this agenda item will appoint a replacement. BACKGROUND AND FINDINGS: Part II, Chapter 12'/2, Section 12'/2-8 of the City's Code of Ordinances outlines the selection process for the City Auditor. Subsection (b) states that the City Council shall appoint an Ad Hoc Nominating Committee to recommend to the City Council candidates for City Auditor. The Committee shall consist of five (5) members, including a chair and vice-chair selected by a majority vote of members meeting the following qualifications: 1) Three (3) members shall be members of the City Council nominated by the Council Audit Committee 2) One (1) member shall be an at large City of Corpus Christi resident 3) One (1) member shall be the City Manager or his designee The City Council Audit Committee approved on June 14, 2022, the following Audit Committee members for the Ad Hoc Nominating Committee: Chairman Gil Hernandez, Committee Member Billy Lerma, Committee Member Mike Pusley, At Large Member, Ed Bennett, CPA CFE, and City Manager Peter Zanoni. Since that time, At Large Member, Ed Bennett, CPA, CFE resigned due to personal reasons. Approval of this agenda item will appoint a replacement for the at large vacancy. Susie Infante Sullivan, CPA, is being recommended to fill the vacancy. Ms. Sullivan is a local certified public accountant (CPA) who previously worked in the Audit Department at Bay, Ltd. This resolution also authorizes a waiver from City Council's policy regarding making appointments before an election. City Council Policy provision 10.2.1(K) states that no appointments will be made in the 30-day period prior to an election and until the taking of office. This applies to ad hoc committees as well as boards and commissions. Because of this provision, a separate paragraph was added to the resolution waiving the provision of this policy for the appointment since the hiring of positions is time sensitive especially in today's environment. If the waiver was not included in the resolution, then the City Council Ad Hoc Nominating Committee would have to wait potentially two months until January 2023 before recommending candidates for the position of City Auditor. Currently, two candidates are under review. ALTERNATIVES: The City Council could select another at large member to fill the vacancy. FISCAL IMPACT: There is no fiscal impact for this item. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): Account: N/A RECOMMENDATION: Staff recommends approval of the resolution to appoint Susie Infante Sullivan, CPA as the replacement of the At Large Member of the Ad Hoc City Auditor Nominating Committee. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution appointing a replacement at-large member to the ad hoc nominating committee to review and recommend candidates for the position of City Auditor. WHEREAS, a five-person ad hoc nominating committee ("Committee") was appointed by the City Council on June 14, 2022, to review and recommend qualified candidates for appointment by the City Council to the position of City Auditor, with one Committee member being a resident of Corpus Christi serving at-large; WHEREAS, due to a resignation, a replacement appointment of the at-large Committee position is necessary, and an eligible resident has been identified for appointment; and WHEREAS, the City Council waives the application of Council Policy 10.2.1(K), providing that no appointments will be made during the 30-day period prior to an election and until the taking of office of the newly elected council, and finds this at-large appointment to be necessary for the continuation of the Committee's responsibilities. 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 replacement appointment of the at-large position on the Committee. Section 2. The City Council selects and appoints Susie Infante Sullivan, CPA, a resident of Corpus Christi, to the Committee. PASSED AND APPROVED on the day of 2022: Paulette 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 Guajardo City Secretary Mayor so �o p A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 11/01/2022 1852 Second Reading Ordinance for the City Council Meeting 11/15/2022 DATE: November 1, 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 2054 Tuloso Road CAPTION: Case No. 0822-03 Flint Hills Resources Corpus Christi, LLC (District 11: Ordinance rezoning property at or near 2054 Tuloso Road, located along the west side of Tuloso Road, north of Leopard Street, and south of Interstate 37 from the "ON" Neighborhood District and the" RS-6" Single-Family District to the "CG-2" General Commercial District. (The Texan) SUMMARY: The purpose of this rezoning is to allow for a convenience store with diesel fuel sales and commercial truck parking. BACKGROUND AND FINDINGS: The subject property is 12.350 acres in size. To the north, properties are zoned "RS-TF" Two- Family and is currently vacant. To the south, properties are zoned "RS-6" Single-Family 6 District and "ON" Neighborhood Office District with commercial, public/semi-public uses. To the east, properties are zoned "RS-6" Single-Family 6 District and "ON" Neighborhood Office with low-density residential, public/semi-public uses as well as vacant. To the west properties are zoned "RS-6" Single-Family 6 District and uses are light industrial and vacant. The proposed development is a 15,830-square-foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces for commercial trucks) that will operate during the daytime and nighttime year-round without any overnight accommodations. It will consist of a one-story (approximately 15,820 square feet) convenience store with 16 pumps. A total of 183 parking spaces for passenger cars and trucks will be provided to serve guests and about 20 employees per shift. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes denial of the change of zoning. and in lieu approval of"ON/SP" Neighborhood Office District with a Special Permit. Conformity to City Policy The proposed rezoning is inconsistent with the Future Land Use Map. Public Input Process Number of Notices Mailed 37 within a 200-foot notification area 2 outside notification area As of October 5, 2022: I n Favor In Opposition 14 inside notification area (38.41%) 0 inside notification area (0.00%) 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. Approval of the change of zoning from the "RS-6" Single-Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended denial of the change of zoning from the "RS-6" Single- Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District and in lieu approval of "ON/SP" Neighborhood Office District with a Special Permit on October 5, 2022. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends denial of the change of zoning from the "RS-6" Single-Family District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District and in lieu approval of"ON/SP" Neighborhood Office District with a Special Permit. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0822-03: (District 1) Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as 12.350 Acres out of Tuloso Road Elementary Subdivision, as shown in Exhibit "A": From the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "CG-2" General Commercial District. The subject property is located at or near 2045 Tuloso Road as shown in Exhibit A. Exhibit A, which is a metes and bounds description 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 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 5 Exhibit A 12.358 ACRES THE STATE OF TEXAS) THE COLINTY OF NIJECES) BEING a "2.350 acre Iract of land situated In the City of Corpus Christi, NuecesCounty, Texas crut of the Gulf, olnrad7 and Santa Fe Railway C"-,r rpany Survey, Abstract No. 816, Nuet:e5 County, Texas, being a partior7 DF the Tuloso Read FlernentarV Subdiui i��t . ;..ord ng to the establi5.-ied map or plat there4= as recorded In Volume 44 Mode 4ks of the Mao RLcuurds. NLIN ", Cnurity, Teaas, aqd being t- F artion of a ear>ed 24,74 acre tract of ,a-ic des,cribed by ViVarranty Oeed rioted Octubef 28, 2021 conveyer. from rii-it H.I15 Resources, LR tc. Flint Hills Resources Corpus Christi, .LC as recorfed in Instrument No. 2010040429 of tht OFfi�lal public Records, Nuprp,« County,Texas,Said 1.2.3517 acre ,race of land toeing mare fully described by metes arid bounds as frfllaw s-: SEGIFNNING at a found 112' pipe along the west line of Tuloso Road (a 40oot Right•of- Wav) marking the rorcheast corner of the aforesaid 24.74 acre tract and being the southeast corner of Lot 40, Block I of the Tuioso Estates west Subdivision actording to the estabFlshedsnap for plat thereof as recorded in Volume 48, page 156-157 cf the leap Records,Nueces, County,Texas f€st the northeast corner of the herein described tract; THENCE, routl- 00'41'5$' East 5outl- 00'02'00" East, along the west rrgl`t-of-way line of Said Tuloso Road, with the east line of said 24,74 acre tract, a distance of 537,57 feet to a set 5/8" SWO rebar with yellow plastic cap stampeu 'VU BAN SURVEYING, INC." marking the southeast corner afthe herein described tract; THENCE. S4;,it9h 89'1C'C9" West, depart 7g the west right-iof-array line of said Tuloso Road, over, into, and ,across said 24,74 acre track, a diu;§nce of 598.95 feet to a sp-. 4J+3" steel rehar with yellow plat tic cap stamped "URBAN SURIdLYING, INC," along the west line rrf ,aid ?4.74 acre tract and tieing along the east line of Tuloso Road klerrientary orthe sojLhwest corner of th.2 herein d&scribed -root; THENCE,North 0108.4'51"West(North 00°20'49° Wpm), along rhe common lop between said 24,14 acre tract and the aforesaid 7ulaso Road Elementary, a distance -:-)f 3; 38 feel to a stet 5/8' steel rebs~with yellow plastic cap starnDed"IJRBAN SURVEMIS, INC"along the north line of sand 24.7.1 ;i re tract a,.d bL—nL Tong the south One of or t ; Rlocx 1 of the Tuloso Estates Was', Subdivision for the,nnr+.nwest corner of the he-ein described tract, THENCE, Nc-th 89'10'09°bast (North &9'44`07" Fast M, alang the north lire of said 24,74 acre trazt,with the south line of said Tuloso Estates We5t SuadiY4 or, e cii�,rance of 1002-52 feet to the(POINT Of BEGINNING, CO NTAMING wit hin these •netes and bounds a 12-350 acre tract of land, more or less, Rasws of hearing ,s based on the Texas. State Plane Coordinate System NAD 83), south central zone {4204). This survey was adjusted L,5ir.2 a cDmtined$Cale factor of 1-010 1371656:13 fGEOID12A) The foregoing legal description and acCompanymg survey Mat were prepared from an arttua° Survey rnadp on the ground under my supmv'i5ipn in January:, 2022 and are trua aitd correct to the best of racy knowledge and belie'. r or , .' •s rjr d! d MiFCHf LgT Vill .GMdS Urban Surveying, Inc. �-:�� .............. By:Michael K-Wilfiarn5 Registered Rrofe5sional Land Surveyor '... ,•- Texas No,6616 SU 524919.00 Page 4 of 5 �y3 TA CCF'rS �/y�T/H'�Tp�A ACC 'YY -IY 4o SryOW 4fir R �H3TA C S CFS Urj '4CC o ¢ P,pl�NROR M 13 6 Nyo M 14 10 AL1 YDR 11 12 17 15 7 8 9 18 16 19 20 SUBJECT 21 PROPERTY p 5 23 22 3 q °a 0 1 1n 2 0 J DOUGLAS DR N L X 'LU p ¢ BARROGATE DR lFOp ARD S T CASE. 0822-03 oder„ Zoning and notice Area ". `. RM-1 Multifamilyi IL Lightlntlustrial \ RM-2 Multifamily2 IH Heavylndustril RM-1 MUltlfamlly3 Pul) Planned unit Oe 0. 11ay Port CN PrMesslonal Omce RS-10 Single-Family-10 RM-AT MUltgamlly AT RS-5 Single-Family 5 CN-1 Neighborhood Commercial RS-4.5 Single-Famlly4.5 CN-2 Neighborhood Commercial RS-TF TW.-Family CR-1 Resort Commercial RS-15 Single-Family15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH ToMhollse Cr Qf�'Tll S CG-2 General Commercial SP Special Permit Christ Cl Intensive Commercial RV Reereational Vehiele Park Rolt5tW;n SUBJECT\ ceo Govmtown CommercialRMH Manufactured Home PROPERTY CR,1 Resort Commercial FR Farm Rural HHistoric Overlay BP Buslness Park Sur.q 20O'bWrery O Ovw, w+m zoo�nuner i,e�or 4 owe wnnm zaa ree oa V owners CIIV of _ anarnedawneranrpraare Xmoroncrnon CotpuS� Cr LIEsri,HERE: LOCATION M=AP Page 5 of 5 Case No. 0822-03: (District 1) Ordinance rezoning property at or near 2045 Tuloso Road from the "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District to the "ON/SP" Neighborhood Office District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as 12.350 Acres out of Tuloso Road Elementary Subdivision, as shown in Exhibit "A": From the "ON" Neighborhood Office and "RS-6" Single-Family 6 District to the "ON/SP" Neighborhood Office District with a Special Permit. The subject property is located at or near 2045 Tuloso Road as shown in Exhibit A. Exhibit A, which is a site plan, metes and bounds description, a subject property map, attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the site plan in Exhibit A. 2. Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30-feet. 3. Tuloso Road: All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline Drive to the subject property must be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed and approved by City prior to the issuance of a certificate of occupancy. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months after approval of this ordinance unless a complete building permit application has been submitted, or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. Furthermore, 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 by a fine not to exceed $2,000.00 for each offense; 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. Page 2 of 6 SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 8. This ordinance shall become effective upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 Exhibit A w i 9 m r T — m i s 1 s" . i6 w i r.li b r K L Ro�rAG�R�,an Page 4 of 6 12.3Sf7 ACMES THE STATE OF TEXAS) TFIE COUNTY OF NUECES BEING d ?.2.3517 acre trrr't of Idnd situated In the City of Corpus Christi, Nueces County, 7exws Dul of til p, Galt'. Cnlrsrad,n and Santa Fe Rifli aay Company Survey, Abstract hJ'i. 816, NuL%M County, Texas, being a portion ,W Ike Tuloso Road klementary Subdivi5ivri according to tht? establisried map or plat thereat as recorded in Volume 44 age 4,s of the Ma;3 Records. VuPcss Cnu-wy, TeHas, and being � Fartion of a cal ecf 24,74 acre tract ()f ,a-ic described by 4Narranty Oeed dated OdDber 28, 2021 [tlnvey-er' from rh.•it h1.115 Resources. tR tC. Flint Hi'ls Resor,rCes CorpLs Chrsti, .LC as recordrtf to Instrument No. 2010040428 of ehr; Officldl PC,ialic 3ecords, Nuprrx5 County,Texds,said 12.350 acre tract of land being more fr,,luy described by metes 4rid bounds as follows: ElEGINNING at a found 112" pipe along the west Tina of Tuloso Road la 40vot Right-of-Wayi -narking the rorcheast currier of the aforesaid 24.74 acre tract and being the southeast corner of Lot 40, Block 1 of the Tuiaso Estates West Subdivision according to the estahlished wrap or plat thereof as recorded in Volurie 48, Page 156-157 r.f the Map Records,Nueces, County, Texas for the northeast corner of the h@vein describec tract; THENCE, SoutF 00'41'58' Eabt Soutl- 00"02'00" East, along the west rigwt-of-way line of sdirr TuloSrt Road, with the east tine Of &did 24.74 acre tract, q distanc€ of 537.57 feet to a set 5M" ste4el rebar with yellow plastic Cap sl.amper; `URBAN SURVEYING, INC." marking the wnutheast cornier of thi! herein described zeaot THENCE. S4jji:4h 89'1C'C-9" West, depart 7g the west right-of-wav IrILr C-,' Sril Tuloso Road, ower, into, and across sari 24.74 acro tract,, a distance of G98.95 feet to a 9p, 4/8" stQel rebdr with ye low plastic car,;tamped 'URBAN SURIdLYPNG, INC." alone the west Pine of sairl ?4.74 acre tract and being along the east line of Tulosa Road klerrientary rorthe southwestcorner of th.e herein described ,rack; THENCE,North QV 4'51"West(North 00'20'49" Wpst), along the common line between said 24.74 acre tract and the aforesaid 'ruloso Road Elementary, a distanr.p of 557 58 feel to a set 5/8' 5tee1 rebar with yellow pl:istir cap MarnDed"URBA,N SURVEYING, MC"along the north line of said 24.7a acre tract and being along the lure of Lot 19, Bock 1 of the Tuloso Estates West Subdivision forthe,nnririwest cornerof the herein describes 1-d,.; THENCE,North 89'10'09" East (North S9'54'07" Fast), along the north line of said 24,74 acre tract,with the ,.Huth line of said Tuloso Estates West 5-ubdiv4 or, e distance of 1002-52 feet to the POINT OF BEGINNING,CONTAINING within these metes and bounds a 12.35(?acre tract of land, more or less. f9as�; of bearing ii based on the Texas State Piait7e CUardinate System ;NAD 83), south central zone {4204). This survey was ad)tusted r,5ir.g a comt:ined 5!aie`actor of 1,000W1 37165613 fGE411712a) the foregoing legal description and accompanv:ig survey Rlat 4 iRM8 prepared from an acTual survey madp on the ground under my supervision in January, 2022,and are trua artd correct to the bis*of my knowkl dee and belief. MICHAXt. K, WfLLGaMI Urban Surveying, Inc. � -y�.• By:Michael K-Wilfiart115 Registered RrOfe55ional Land Surveyor Texas No,6616 SU 524919.00 Page 5 of 6 ACCESS ACC SiyOkvpSAIro ,H3>4 C C 4 LcSSA W CC o FSR M n 13 6 pyo 14 1D �CILYDR 11 12 17 15 7 8 9 18 16 19 20 S1IBJE / 21 PROPERTY/ � 5 23 3 / 24 a 0 1 0 2 J DOUGLAS DR ti y J X LU Q p ¢ BARROGATE DR �FOp ARD ST CASE: 0822-03 Zoning and notice Area1 'I RM-1 Multifamily) IL Light industrial RM-2 Multifamily IH Heavy Inoustrlal RM-1 Mulafamilyl PLC Planned Unit Dev.Overlay port ON Professional Office RS-10 Single-Family 1D RM-AT Multifamily ATSingle-Familyfi GN-1 Neighborhood Commercial R54.5 Single-Family 4.5 ON Neighboncoatl Commercial RS-TF TWO-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CO.1 General Commercial RS-TH ToVmhouse ■ Corpus CG-2 General Commercial SP Special Permit \ Christ Cl Intensive Commercial RV Recreational Vehicle Park f�C1�15��1VV Il SUBJECT\ CBD Downtown Commercial RMH Manufactured Home PROPERTY CR-1 Resort Commercial --- FR Farm Rural \ H Historic Overlay BP Business Park SLU,�BLt P'Illy O OWners wrm zaa boner m re- 2w vw2w usted on owners City of _ attached ownership facie X in oPPasitiwr C(]r17111 - Ci1rLIS E:r.HEKE: LOCATION MA–PT- Page 6 of 6 ZONING REPORT Case # 0822-03 Applicant & Subject Property City Council District: 1 Owner: Flint Hills Resources Corpus Christi LLC Applicant: Dlugosch 3 LLC Address: 2054 Tuloso Road Location: Along the west side of Tuloso Road, and north of Leopard Street Legal Description: 12.350 acres out of Tuloso Road Elementary Acreage of Subject Property: 12.350 acres Pre-Submission/Early Assistance Meeting: 2/22/2022 Zoning Request From: "RS-6" Single-Family 6 District and the "ON" Neighborhood Office District To: "CG-2" General Commercial District Purpose of Request: The proposed us is a 15,830 square foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces) Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6, Public/Semi-Public Government `°ON" Neighborhood Office North "RS-TF" Two-Family, Vacant Light Industrial "RS-4.5" Single-Family 4.5 South "RS-6" Single-Family 6 Public/Semi-Public, Government "ON" Neighborhood Office Vacant, Commercial Low-Density Residential, Low-Density Residential, " East "RS-6" Single-Family 6 Vacant, Public/Semi- Medium-Density ON" Neighborhood Office Public Residential West "RS-6" Single-Family 6 Vacant, Government Light Industrial Plat Status: Property is not platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR Tuloso Road (Reconstruction and widening completed as a part of Bond 2012) Designation-Urban Section Proposed Section Existing Tuloso Road Street "A2" Secondary 100' R.O.W. 2 Lanes Arterial 80 Feet Transit: The Corpus Christi RTA provides transit services via Bus Route 27 Leopard with two bus stops near Tuloso Road and Leopard Street. Utilities Gas: 4-inch WS gas line along the east side of Tuloso Road. Stormwater: 24-inch RCP along the west side of Tuloso Road. Wastewater: 8-inch clay along the east side of Tuloso Road, and along the southern boundary of the subject property. Water: 6-inch waterline along the west side of Tuloso Road, rerouted mid-way to the west side of the road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Port/Airport/Violet Area Development Plan (Adopted September 22, 1992) Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed . 37 within a 200-foot notification area • 0 outside 200-foot notification area In Favor . 15 inside notification area • 0 inside notification area • 39.32% in favor within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: October 05, 2022 City Council 1St Reading/Public Hearing Date: November 01 , 2022 City Council 2nd Reading Date: November 15, 2022 Background: The applicant is requesting a change in zoning for the northern portion of the remaining 24.74- Acre Tuloso Road Elementary lot, north of the existing Flint Hills Resource Center. The subject property is adjacent to medium-density residential developments to the north, east, and southeast. The site is located half a mile south of Interstate Highway 37 and approximately 1 ,000 Feet north of Leopard Street on Tuloso Road. Both Leopard Street and Tuloso Road are secondary arterials. The proposed development is a 15,830-square-foot convenience store with fuel sales. The site will include passenger and commercial truck parking (approximately 70 spaces for commercial trucks) that will operate during the daytime and nighttime year-round without any overnight accommodations. It will consist of a one-story (approximately 15,820 square feet) convenience store with 16 pumps. A total of 183 parking spaces for passenger cars and trucks will be provided to serve guests and about 20 employees per shift. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is inconsistent with the following Goals and Strategies for Decision Makers: Zoning Report Page 3 o Future Land Use, Zoning, and Urban Design o Encourage the protection and enhancement of residential neighborhoods. o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. o Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise, and a visual blight on surrounding areas. o Transportation and Mobility o "Certain uses" that produce traffic congestion, noise, and road wear, should be properly located and designed to prevent conflicts with other land use activities. Future Land Use Map Consistency: The proposed rezoning for commercial uses is inconsistent with the Future Land Use Map (FLUM) and would require an amendment to the FLUM: o Government use. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is not consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. • The proposed use is compatible with the adjacent uses and in keeping with the character of the neighborhood. • The appropriate zoning for the scale of the proposed use is typically in an industrial district. However, the use is on the site of a former Elementary School. • Industrial uses are typically located near major transportation routes such as highways; however, the property is adjacent to the north, west, and south are vacant, office, and a bus maintenance barn. • The reconstruction of Tuloso Road, completed as a part of the City's Bond 2012 program, widened Tuloso Road to three lanes. However, the widening to three lanes did not extend to the subject property. The widening decreases to two lanes the entire length of the subject property on Tuloso Road. • Other sites more suitable for the proposed development are located along Interstate Highway 37. • Operating will be non-stop throughout the year, with 20-50 employees on site, dependent on the time of day. Additionally, a Traffic Impact Analysis (TIA) is required with this rezoning application and has been submitted as Attachment B (Executive Summary — Page 1 , Conclusion and Recommendations — Page 20) • The conclusions submitted as a part of the TIA propose the following mitigations: o Tuloso Road & Access A — Construct a southbound right-turn deceleration lane with a total of 190 feet including a 50-foot taper. o Tuloso Road & Access B — Construct a northbound left-turn deceleration lane with a total of 260 feet including a 50-foot taper. • Tuloso Road, a two-lane arterial, is not designed to accommodate the load and volume of truck traffic associated with the proposed use. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning. However, Staff is recommending a Special Permit for the use that will allow the economic redevelopment of the area while limiting the impact of the commercial use. Planning Commission and Staff Recommendation (October 5, 20221: Denial of the change of zoning from the "RS-6" Single-Family 6 District and "ON" Neighborhood Office District to the "CG-2" General Commercial District in lieu thereof approval of the "ON/SP" Neighborhood Office District with a Special Permit. 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the submitted site plan. 2. Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30-feet. 3. Tuloso Road: All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline Drive to the subject property must be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed and approved by City prior to the issuance of a certificate of occupancy. 4. Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. 5. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 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. Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA AND SITE PLAN �y3> gCC�ss Yj�,3jH3>� �G'O � 3/y0�,p�AKDR � COPS �L S4cC Tj c C �B�R��NFo o R m a 13 6NZo z 14 10 �L rLY DR 11 12 17 15 7 8 9 18 16 19 20 SUBJECT 21 PROPERTY 5 23 22 3 4 0 1 0 2 ti DOUGLAS DR N y w 'p BARROGATE DR �F0 '9Rp sT CASE: 0822-03 1-1 kill N Zoning and notice Area W E 5. RM-1 Multifamily? IL Light Industrial RM-2 Multifamily2 IH Heavy Industrial RM3 Multifamily" PUD Planned Unit Dev.Overlay f10r1 ON Professional Office RS-10 Single-Family10 RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Res ort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial Rg TH Townhouse COrE7US CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreat on al Vehicle Park Roh-tt?1111 SUBJECT\ CSD Dowrtown Commercial RMH Manufactured Home PROPERTY CR3 Resort Commercial FR Farm Rural H Historic i.In.Over gp Business Park Subject Property O Owners wltR 200'busier In levor 4 owners wlthln200'l,Ned on owners City of eaeoneb....renlp ieae Xmoppo"l— COTpRs Esri,HERE, Christi LOCATION MAP 1 i x ,v v � Y^ r N , o r, � m �:,LLL11flW-LIQ' i '3>FRpN�,A���pA4 Zoning Case 0822-03 FLINT HILLS RESOURCES ESS CORPUS CHRISTI, LLC DISTRICT 1 oRezoning for a property at Tuloso Road K2ILV OR " " " " " r From ON and RS-6 to CG-2" ,. PL30O PC�f34�7 �QfS13P1(1 Glor Pu s Christi SUBJECT-, OOUG_LAS DI yy� o - —ATEA N t.aCAT�Q r MAP City Council 1 November 1, 2022 _ E- �.:. x t a. Aerial Image �ryr• •' .-.-� x. A a n _ 1 i I'oso Road. ,�e°M"^..: .`� �".-.. SUBJECT`. 1 RF I; i Zoning and Land Use RS-6 Hg�'aC CG_2 e N �Fss9r° Proposed Use: 10/11/1988 ° Convenience Store with Side Diesel Q SN Ory.pEAK DR '3'4CCESS RS-4.5, CG-2 '0°c 7/14/1982T"eFA, Area Development Plan: RS-TF Nf°R °G'2 Port/Airport/Violet Area Development Plan R A ��hLLYD 3/26/1980 7/28/1998 s-6 Future Land Use Map: /7777771 Government SUBJECT m PROPERTY o ON Existing Zoning: m 9/11/1974 "ON" Neighborhood Commercial "RS-6" Single-Family Residential 6 IL ON Adjacent Land Uses: DOUGLAS DR . North: Vacant R-S-6 0 • South: Commercial ON x East: Low-DensityResidential, Public/Semi-Public p 3 BARROGATE DR 4 ®' West: Public/Semi-Public 1 o G.2 4/4/1973 CG-2 Traffic Impact Study A Traffic Impact Analysis (TIA) is required with this rezoning application and has been submitted as Attachment B of the Zoning Report • The conclusions submitted as a part of the TIA propose the following mitigations: o Tuloso Road &Access A— Construct a southbound right-turn deceleration lane with a total of 190 feet including a 50-foot taper. o Tuloso Road &Access B — Construct a northbound left-turn deceleration lane with a total of 260 feet including a 50-foot taper. • Tuloso Road, a two-lane arterial, is not designed to accommodate the load and volume of truck traffic associated with the proposed use as it exists today. 4 Public Notification 37 Notices mailed inside 200' buffer 0 Notice(s) mailed outside 200' buffer QWY BNOWpEgK DR 74,-, Y 0 4 igLeE�L NE Notification Area oR D 1 K'L ILY DR 11 12 17 5 7 8 9 1 Opposed: 0 (0.00%) Separate Opposed Owners. 021 u O ©e 23 z� In Favor: 15 (39.32%) 3 a a Separate In Favor Owners. 1 ILL DOUOLASD O "Notified property owner's land in SQFT/Total square ¢BARROGATED footage of all property in the notification area = Percentage of public opposition. t Staff Analysis • The proposed rezoning is not consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. • The proposed use is compatible with the adjacent uses and in keeping with the character of the neighborhood. • The appropriate zoning for the scale of the proposed use is typically in an industrial district. However, the use is on the site of a former Elementary School. • Industrial uses are typically located near major transportation routes such as highways; however, the property is adjacent to the north, west, and south are vacant, office, and a bus maintenance barn. • The reconstruction of Tuloso Road, completed as a part of the City's Bond 2012 program, widened Tuloso Road to three lanes. However, the widening to three lanes did not extend to the subject property. The widening decreases to two lanes the entire length of the subject property on Tuloso Road. • Other sites more suitable for the proposed development are located along Interstate Highway 37. • Operating will be non-stop throughout the year, with 20-50 employees on site, dependent on the time of day. Planning Commission and Staff Recommendation "ON/SP" Neighborhood Office District with a Special t *, Permit oa;�k• Use: The only use allowed on the subject property other than uses permitted in the base zoning districts is a convenience store (including showers and laundry facilities) with fuel sales and 74 commercial truck size parking spaces. All commercial truck size parking spaces must be located to the rear of the diesel fuel canopy and generally consistent with the submitted site plan. ( " Lighting: All freestanding lights located to the rear of the primary building shall be no greater than 50-feet in height and must be downward cast with full cut-off shielding. All 0 other freestanding lights shall too be downward cast with full cut-off shielding and limited to a maximum height of 30- T feet. O���n ° �, '• Tuloso Road:All mitigations listed within the Traffic Impact Analysis for the portion of the Tuloso Road from Timberline 1 property ect Drive to the submust be installed. Additional improvements to Tuloso Road shall consist of the reorientation of lane striping not including additional staff-'xa widening of the street pavement section from Interstate 37 to Timberline Drive. All improvements must be completed Fr' , and approved by City prior to the issuance of a certificate of r� rrr. r�a*i�; occupancy. 77 Signage: The proposed use will be allowed to have a freestanding sign up to a maximum of 65-feet in height and a maximum sign area of 350 square feet. Tuloso • • Mp w� r/ ._ Buz. _. ,�•�` r - Tuloso Road 'tallI Id� r R , 9 Preliminary Site Plan AOPrv�. �rv,,F� , »=c F a t+ Al n . Eo LUIT rnP,. -F >� '111K n 10 Tuloso Road Improvement Plan Z 0 A 1 S GRAPHIC SCALE IN FEET 0 50 100 200 a0 _ a [ QLU - Li > 2 o ryDf .. SOC II '.. III ��� 11 25R R _ 2e R 75R -I J5 0' 5a 3' TULOSO ROAD -I I SPEED LIMIT.30 MPH s 'y31 e _ S /H,?YF�F�YY O S�OwPEA _ qCC m O A �'G ILY DR I „t I SUBJECT ���` ML PROPERTY .. I �a r _ o � t DOUGLAS DR I c W Y BARROGATE DR J <FoAARo � 1 'ST iL CASE: 0822-03 N W. E S Aerial View F ,1 Subject Property SUBJECT ' f t t i ti R; Itt:.;it � PROPERTY ■■►1■ City of Corpus Esri, HERE, Christi LOCATION MAP' so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of November 1, 2022 DATE: November 1, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4@cctexas.com (361) 826-3133 THRU: Michael Rodriguez, Chief of Staff MichaelRod@cctexas.com (361) 826-3732 Resolution adopting Labonte Park Master Plan and Cole Park Master Plan CAPTION: Resolution adopting the specific park Master Plans for Labonte Park and Cole Park. SUMMARY: Beginning in March 2022, two Master Plan studies were undertaken to assess the Labonte Park and Cole Park systems respectively by identifying existing amenities and deficiencies in the respective parks' systems. As a result of the study, two respective Master Plans (one for Labonte Park and one for Cole Park)will be used as guides to develop future Capital Improvement Projects within the two parks. This item is a Resolution to approve the Labonte Park Master Plan (District 1) and the Cole Park Master (District 2). BACKGROUND AND FINDINGS: The Parks and Recreation Department and the Engineering Department both worked with Levy Dykema for the development of the two Master Plans. If approved, the two Master Plans will guide the growth of the two parks. This will be achieved through prioritized investments, programs, policies, and practices. Through these two Master Plans, the Parks and Recreation Department will be able to better provide enhancements to community health, conservation practices, and access to benefits for the entire community of Corpus Christi. Additionally, these two Master Plans support the mission of the City of Corpus Christi's Parks and Recreation Department and will enhance the City's opportunity to qualify and compete for state funding through the Texas Parks and Wildlife Department (TPWD). The Parks & Recreation Department will maintain accreditation by the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Labonte Park, originally called Nueces River Park, is located along the Nueces River in the Northwest area known as Calallen. Labonte Park was annexed in 1962 and was initially located on a ten-acre parcel, which later expanded to approximately 68 acres after the closing of the Cunningham Water Treatment Plant, making it the largest park in Corpus Christi. The first official park improvements, near former Highway 9, were initiated in early 1965 and included a 3,000- foot loop shell roadway, along with the addition of picnic tables and barbecue grills to enhance the natural park area. To date, minor improvements were made to Labonte Park with public and private funds. In 2001, City Council approved Labonte Park as the official name to honor Corpus Christi natives and NASCAR racers, Terry and Bobby Labonte (brothers). The two Master Plans are conceptual rendering of how the two parks can be developed. Funding to construct the proposed improvements will be taken to the City Council for consideration during budget cycles. The conceptual renderings for Labonte Park detail several additional improvements to the north and south portions of the park. For the south portion, a campground is proposed to include recreational vehicle sites and a restroom facility. For the north amenity zone, various improvements include a kayak launch, a boardwalk, a waterfront trail and gathering pavilion. Other additional amenities include play areas, grove trails, a picnic grove, and an elevated overlook trail. The proposed trees for Labonte Park are a mix of different types of Oak Trees. The land for Cole Park was donated by E. B. Cole. In 1935, Cole Park was initially located on a six-acre parcel. In 1966, Cole Park was later expanded to twenty-acres, by building a seawall and by filling in the area between the park and the shore with dredge material. Since then, several improvements were made to Cole Park which included the fishing pier, parking lots and playground. More recent improvements to Cole Park include the resurfacing of the skate park, the design of a splash pad, and the Cole Park Pier which was opened to the public in December 2021. The splash pad will be advertised for bids in early November 2022. The conceptual renderings for Cole Park detail several additional improvements such as park trails and improvements to the beach area located on the northern portion of park. Various improvements to existing amenities include the amphitheater and the promenade. Renovation to the roof structure of the amphitheater is proposed, along with additional formal seating and a park trail located behind the berm seating area. Improvements to the north promenade include enhanced paving, and a planted buffer and custom lighting along the entirety of the promenade. The rendering conveys that the promenade be extended down to the north beach area. A plaza also is proposed for the beach area located on the northern portion of the park to include a large shade structure and stepped, concrete seating in the sandy area of the beach. The proposed trees for Cole Park are Sabal Palms. The proximity of the park to the water and strong winds does not support trees that are found further inland, such as oaks or cedars. The Parks and Recreation Advisory Committee (PRAC) held discussions and gave feedback on both Master Plans during the October 12, 2022, regular meeting. The comments were positive, and members favored the renderings. PRAC's feedback for Cole Park included more trees and parking areas. PRAC did recommend keeping the open space at Oleander Point at Cole Park for wind surf launching and retaining the rinsing pad. For Labonte Park, PRAC recommended adding more trees there as well. PRAC supports the proposed sign, pump track, kayak launch, and RV dump station at Labonte Park. Near the end of the October 12 meeting, PRAC made a motion approving the renderings and supporting the City's effort to enhance the Parks. ALTERNATIVES: The alternatives are that the City Council can modify or reject both or either of the two proposed Master Plans. FISCAL IMPACT: There is no fiscal impact associated with this item. The Master Plans will be used as a guide to develop future Capital Improvement Projects. RECOMMENDATION: Staff recommends approval of the resolution, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation Resolution adopting the 2022 park master plans for Labonte Park and Cole Park. WHEREAS, the Corpus Christi Parks, Recreation, and Open Spaces Master Plan provides for the creation of individual park master plans, particularly for large regional parks; WHEREAS, Labonte and Cole Park are key regional parks located in District 1 and District 2 that provide entertainment and economic benefit to the City; WHEREAS, the City has engaged an engineering firm to provide conceptual renderings of master plans showing improvements to these parks that will provide enhanced value to the City and its residents; and WHEREAS, these master plans are conceptual only and are not part of the City's Comprehensive Plan and may be administratively changed without the necessity to seek City Council approval; 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 these master plans. Section 2. The City Council adopts the 2022 park master plans for Labonte Park and Cole Park. The master plans are conceptual in nature and are not part of the City's Comprehensive Plan. The master plans do not represent final plans and may be changed administratively as the projects progress into engineering design. Page 1 of 2 PASSED AND APPROVED on the day of , 2022: Paulette 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 Guajardo City Secretary Mayor Page 2 of 2 r. :rte ..r sit a lef 71 MR, _717419 M7� r.. Fr. - ��F F'IF'IF�FIFIFIFIFIFF � ; �w G ~z n 4 a , a LEVY tud { ide CORPUS CHRISTI StUMIOOU`�'Mc O + PARKS6. COLE PARK DYKEMA �t����� .� . � , '-�� ��, _ -� ,\ � ,SII ,��i�•`I����`, �'�`������►l,� Ju/ � •�' S IA v' Y i pp F c 1 - _ - 17-71�- r IO w° r RU COLE PARK D Y K E M A CHAFER 4 �,. ri p AAA +i: n I, M r `� � ; ads^ '`t�e•'�y,'.m+.'M!`. � � r • REATION ,5 H ^s4 x x q r �V ap' � . .o ' '� LEVY studio0utside F PAaKs LABONTEPARK nyxeA y $!, S W Alto 71 IT al �2 C RISTI LEVY studio0utside _ LABONTEPARK nYxsMn r c e f v �y r,w i c > a •r•• • CORPUS CHRISTI sw.✓� .,�„..., 'mom n.,., ._ y O - "9Y�r�ew wii.r �� a - b,s ►�� LEVY studio0utside ' .. LABONTE PARKD Y x E M A SCC >c .a• 7. x: t ile s . O ;;. J t� 7852 CITY OF CORPUS CHRISTI COLE PARK MASTER PLAN & LABONTE MASTER PLAN CORPUS CHRISTI PARKS&1 CORPUS CHRISTI CITY COUNCILLEVY November 1 , 2022 • • • • - LABONTE PARK - COST ESTIMATE Labonte Park Masterplan -ESTIMATE OF PROBABLE COST GUIDELINES Project Number 22004 September 13, 2022 . . Labonte Park North Subtotal $18,191,458.75 Labonte Park Central Subtotal $793,495.38 Labonte Park South Subtotal $19,227,588.03 r&CORPUS CHRISTI PARKS& LEVY RECREATION LABONTE PARK G LABONTE PARK-NORTH LABONTE PARK-CENTRAL `a» ---- - - -I LABONTE PARK-SOUTH V�� LABONTE PARK LEVY CORPUS CHRISTI,TEXAS D Y K A stUdiOOut$ide LABONTE PARK-NORTH AMENITY ZONE owl w LABONTE PARK LEVY CORPUS CHRISTI,TEXAS D Y K E M A studio0utside �._ k x,. LABONTE PARK SOUTH CAMPGROUND LABONTEPAPK • _ r » GYOVS Tr�115 !.' ;r • f0d' COLE PARK - COST ESTIMATE 3-2 Cole Park Masterplan-ESTIMATE OF PROBABLE COST GUIDELINES Project Number 22004 September 13,2022 Park Subtotals Cost Cole Park North $42,783,747 Cole Park South $3,527,530 ( CORPUS CHRISTI PARKS S. 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CORPUS CHRISTI PARKS& I COLE PARK & LABONTE MASTER PLANS CITY COUNCIL 1 11.1.22 RECF EATION ,mus c NoAPOPA,Ea AGENDA MEMORANDUM 1852 City Council Meeting of November 1, 2022 DATE: October 20, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations to m m ye(a)cctexa s.co m 361 .826.3622 Motion Authorizing Clear Zone Easement Acquisition at NOLF Cabaniss Field CAPTION: Motion authorizing the purchase of an Airspace Easement and Restrictive Covenant from 8321 Weber, LLC and Weber-Oso Investments, LLC for $1 ,482,855, Located in the Clear Zone of NOLF Cabaniss Field, with funding available from the Texas Military Preparedness Commission Certificates of Obligation and the Community Development Grant Fund. SUMMARY: The City received $800,000 in Defense Economic Adjustment Assistance Grant (DEAAG) program funds from the State of Texas. Grant funds and matching funds were appropriated into 1072-Community Development Grant Fund for the Clear Zone Easement Acquisition at NOLF Cabaniss Field. BACKGROUND AND FINDINGS: On January 27, 2022, the City of Corpus Christi was awarded a grant from the State of Texas totaling $800,000 to fund the Clear Zone Easement Acquisition at NOLF Cabaniss Field. The governor awarded $15.3 Million in grants to 6 communities in this round of DEAAG funding. The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been impacted by a past or future Base Realignment and Closure action. Cabaniss Field, which began as a flight training field in July 1941 , contains two Class A Page 1 of 3 runways, an air traffic control tower and a fire station on the 971-acre site. NOLF Cabaniss is approximately 8.6 miles (12.9 km) west of the Naval Air Station. The field is in the primary growth corridor for the City of Corpus Christi immediately north of Oso Creek. According to the City's London Area Development Plan adopted in March 2020, the property subject to the proposed restrictive use easement is mostly located within the 100-year flood plain. However, some of the property fronts Weber Road (Farm to Market Road 43) and could include low- and medium-density commercial development promoted by street and infrastructure improvement projects, the availability of quality schools in the London Independent School District (ISD) and rapid residential development. London ISD has added 452 students between 2015/16 and 2020/21 , an increase of 54.6 percent. Since 2010 existing home sales in the London ISD have more than tripled. The school district has 15 actively building residential subdivisions and three more in the planning stages. It is imperative with this explosive growth projected in this area to protect the Clear Zone for NOLF Cabaniss Field from incompatible developments which might threaten its mission and operations. Since the 1980s, the City prioritized protecting the Navy Flight training fields in our areas from encroachment by incompatible development by acquiring land in AICUZ studies Clear Zones for three airfields used by NASCC for flight training operations — Truax Field on NASCC, NOLF Waldron Field and NOLF Cabaniss Field. The City held those tracts of land to protect private development and prevent incompatible development. The City also adopted Joint Land Use Studies (JLUS) and ordinances in its Unified Development Code (UDC) to establish zoning regulations to ensure compatible development. The Navy's Community Planning and Liaison Officer was added as an ex-officio member of the City's Planning and Zoning Commission to improve communication between the City, Navy and the development community. Because of this cooperative approach, the Navy has been able to successfully engage in discussions with proposed project developers early so potential encroachments might be mitigated before they become a problem or cause a conflict with Navy mission and operations. The City also established an Airport Zoning Board to provide land use regulatory protections in areas adjacent to the three Navy training fields and the Corpus Christi International Airport. Finally, in 2017, the City received Congressional authorization in the National Defense Authorization Act and completed a land swap in 2021 with the Navy to exchange more than 40 acres of City-owned land in Clear Zones and APZs for Truax, Waldron and Cabaniss Fields to the Navy in exchange for approximately 44 acres of surplus Navy property. The 2020 AICUZ Study was developed based on the projected aircraft operations (projected out to year 2030). Clear Zones for a Class A Runway are 3,000 feet immediately beyond the end of the runway and 1 ,000 feet wide. Clear Zones should remain undeveloped. APZ 1 is an area beyond the Clear Zone 1 ,000 feet wide and 2,500 feet in length and may be either rectangular or curved to conform to predominant flight tracks. APZ 2 is the area beyond APZ 1 that also measure 1 ,000 feet wide and 2,500 feet in length, It may be either rectangular or curved to conform to predominant flight tracks. This DEAAG project by the City follows Navy AICUZ policy guidance by seeking a restrictive easement in the Clear Zone and APZ 1 of NOLF Cabaniss Field. Page 2 of 3 ALTERNATIVES: The council may choose not to approve the acquisition. FISCAL IMPACT: Fund: 3543 - Texas Military Preparedness Commission Certificates of Obligation Organization/Activity: 220133543EXP Mission Element: 051 Project # (CIP Only): 22013 — DEAAG-NOLF Cabaniss Easement Account: 550701 — Land and Right-of-way Amount: $800,000 Fund: 1072 — Community Development Grant Fund Mission Element: 051 Project # (CIP only) N/A Account: 550701 — Land and Right-of-way Amount: $800,000 RECOMMENDATION: Staff recommends approval of the acquisition. LIST OF SUPPORTING DOCUMENTS: Airspace Easement Map of Easement location Page 3 of 3 AMIA L MAP Cabaniss Fteld 090 Craisk Weber Road NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § AIRSPACE EASEMENT AND RESTRICTIVE COVENANTS THIS AIRSPACE EASEMENT AND RESTRICTIVE COVENANTS ("Easement") is made , 2022, by and between 8321 Weber, LLC and Weber-Oso Investments, LLC both having an address at 711 N Carancahua Street, Suite 808, Corpus Christi, Texas 78401, hereinafter collectively referred to as the "Grantors," and the City of Corpus Christi, Texas, located at 1201 Leopard Street, Corpus Christi,TX 78401,hereinafter"Grantee." WITNESSETH: WHEREAS Grantors are the sole owners of the surface estate in and to certain real property in Nueces County, Texas, comprising 52 acres of land, more or less, which lands are more particularly described in Exhibit A and B attached hereto and incorporated herein (the "Property"); and WHEREAS, the Property is located in the Clear Zone for Navy Outlying Landing Field Cabaniss, Corpus Christi, Texas which is operated and used by the United States of America for military purposes, and which property is more particularly described in Exhibit C attached hereto and incorporated herein (the "Airfield");and WHEREAS, Grantee has requested an airspace easement over the Property from Grantors, along with certain covenants to limit development or use of the Property which would otherwise be incompatible with the mission of the Airfield. NOW THEREFORE, in consideration of Grantee's payment to Grantors of the sum of$1,482,855 ($28,500 X 52.03 acres), the receipt and sufficiency of which is hereby acknowledged by Grantors, and the mutual covenants, terms, conditions and restrictions contained herein, Grantors and Grantee agree as follows: 1. Definitions. The following terms will have the meanings assigned to such terms below when used throughout this Easement: a. "aircraft" means any and all types of aircraft, to include, but not limited to jet aircraft, propeller driven aircraft, civilian aircraft, military aircraft, commercial aircraft, helicopters and all types of aircraft now in existence or hereafter developed, regardless of existing or future noise levels, for the purpose of military training and/or transporting persons or property through the air by whomsoever owned or operated. 1 b. "Approach Surface Plane" means an imaginary surface shaped like a trapezoid: (i) longitudinally centered on the extended runway centerline at the Airfield; (ii) beginning 200 feet beyond the end of each runway pavement and at the runway end elevation; (iii)having an inner-edge width of 1,000 feet expanding outward uniformly to a width of 16,000 feet at the outer edge; and (iv) sloping upward for a distance of 10,000 feet at a slope of 50 to 1, with an additional 40,000 feet at a slope of 40 to 1. C. "Height Restriction" means sixty feet(60') above the surface of the Property. d. "Mineral Rights" means oil, gas and all other minerals lying in, on and under and/or that may be produced, saved and marketed from the Property. e. "Structure" means any building, home, storage facility, retail or wholesale facility, commercial facility, refining or processing facility, industrial facility, mobile home or trailer, tower, wind turbine, or any other man-made permanent apparatus. 2. Grant of Airspace Easement. For the stated consideration, Grantors do hereby grant and convey to Grantee, its successors and permitted assigns, an airspace easement to ensure the right of way for the free and unobstructed passage of aircraft in, through and across the airspace over the Property at all heights above only that portion of the Approach Surface Plane overlying the Property regardless of the type, description or manner of operation and regardless of the frequency of flight or the intensity of the sound generated by such aircraft. 3. Restrictions/Prohibited Uses of the Property. It is the purpose of this Easement to prevent any improvement, development or use of the Property that would otherwise be incompatible with the current use of the Airfield. As such, for so long as the Airfield is used for military purposes or air flights are being conducted at the Airfield, the Grantors will refrain from certain development, construction and uses of the Property. The following activities on the Property are prohibited for so long as the Airfield is used for military purposes or air flights are being conducted at the Airfield: a. excluding fences, the construction and/or operation of any Structure; b. use of the Property as a public gathering place; C. the emission of any artificial light source directed above the Height Restriction; d. the conduct of any intentional activities that produce smoke, dust, glare or other visual hazards extending above the Height Restriction, provided dust from customary farming operations will not violate this prohibition; e. the division, subdivision or de facto subdivision of the Property, provided leases of all or a portion of the Property will not violate this prohibition; f. the planting of new trees or other plants whose heights exceed the Height Restriction at the time of planting; 2 g. hunting on the Property or allowing third parties to hunt on the Property, other than for purposes of predator control, provided fishing on the Property will not violate this prohibition; h. the construction of any fencing on the common boundary line between the Property and the Airfield which is either made of solid material or exceeds a height of seven feet(7'); i. the construction of any man-made water impoundments specifically designed to attract birds and/or waterfowl, provided water impoundments for drainage purposes will not violate this prohibition if such water impoundments are not enhanced for the attraction of waterfowl. Should the impoundments attract such a concentration of birds to the extent they cause training or operational hazard to the Airfield, the Grantors, upon request of the Grantee, shall modify the impoundments at the sole cost of Grantors; j. the transmission of electromagnetic and/or radio frequency emissions emanating from the Property that would interfere with aircraft, aircraft communications systems, or aircraft navigational equipment; and k. transient overnight stays and temporary accommodations such as trailers, RVs, tents, etc. If and when air flights permanently cease to take place at the Airfield, or the Airfield property is conveyed to an entity other than a federal agency or department of the United States of America, the restrictions on the use of the Property provided for in this Section 3 will automatically terminate. Air flights will be deemed to have permanently ceased at the Airfield if no military aircraft take off from or land at the Airfield for 60 consecutive months. 4. Rights of Grantors. Except as provided in Section 3 above, Grantors reserve for themselves, their successors and assigns, and such parties' respective agents, representatives, guests and invitees, all rights to use and enjoy the Property for any and all purposes. Without limiting Grantors' reservation of rights, Grantee acknowledges that the existing lake situated on the Property includes an active bird habitat and neither the lake nor its habitat will be deemed to violate any of the prohibitions set forth in Section 3 of this Easement. Grantors agree not to expand the existing lake. Grantee further acknowledges that nothing contained in this Easement is intended to limit or restrict the use of the Property for customary farming operations, including without limitation the planting and harvesting of crops for commercial purposes. 5. Mineral Rights. Grantee acknowledges that Grantors may not own all of the Mineral Rights. Grantors, with respect to Mineral Rights owned by them agree to refrain from, and to cause any third party lessees of Grantors to refrain from erecting or operating any drilling rig on the Property and from construction and/or operating any other structure or equipment used in connection with the exploration, development, production and/or marketing of the oil, gas and/or other minerals underlying the Property. Nothing contained in this Easement will affect the Mineral Rights of any third party, including without limitation any current lessee of the Mineral Rights, and Grantee acknowledges that third party owners of the Mineral Rights may 3 have rights to use the surface of the Property without regard to any restrictions contained in this Easement. 6. Duties of Grantor. Subject to the provisions of this section, Grantors agree to trim or top any trees or other plants now situated on or hereafter placed on the Property when such trees or plants exceed the Height Restriction. Grantee will notify Grantors in writing when any trees or other plants on the Property exceed the Height Restriction. Grantors will have a period of thirty (30) days from receipt of such notice within which to trim or top trees or plants exceeding the Height Restriction. If Grantors fail to conduct such topping or trimming within said thirty (30) day period, Grantee may trim or top those trees and/or plants exceeding the Height Restriction only to the extent necessary to reduce the height of such trees and/or plants below the Height Restriction. In the event Grantee conducts such trimming or topping in accordance with this section, Grantors will reimburse Grantee for its actual costs associated therewith. 7. Assignment. Grantee may assign this Easement to any federal agency or department of the United States of America which owns or operates the Airfield without prior written approval from Grantors, provided that any such assignment will not impose any additional limitations on Grantors or the Property. Except as provided in the preceding sentence, Grantee may not assign this Easement to any third party without the prior written consent of Grantors, which consent may be withheld in Grantors' discretion. Grantors may assign their rights and obligations under this Easement, in whole or in part, without the prior approval of Grantee, in connection with any sale of all or any portion of the Property, provided Grantors will provide written notice to Grantee of any sale of all or any portion of the Property within thirty (30) days of the consummation of such sale. 8. Covenants Runnine with the Property. The air easement granted herein, and all other covenants contained in this Easement run with and burden the Property, benefit the Airfield and will be binding upon Grantors, Grantee, and the respective successors and assigns of such parties. 9. Other ProVerLX not Affected. The rights and obligations of the parties to this Easement extend only to the Property. Nothing contained herein creates any easement or other encumbrance on any other lands owned by Grantors, including without limitation lands owned by Grantors which are adjacent to the Property. 10. Enforcement and Remedies. In the event of breach by Grantors of any terms, conditions, or obligations created by this Easement, Grantee will provide written notice of such breach to Grantors. Grantors will have thirty (30) days from receipt of such notice within which to cure any breach of this Easement, except where irreparable harm may result from any delay in curing a breach. In the event Grantors fail to cure any breach within thirty (30) days of receipt of notice, Grantee may file suit seeking any and all relief to which it may be entitled at law or in equity, provided if the nature of Grantors' breach is such that it cannot be remedied within thirty (30) days, Grantee may not file suit or seek other relief as long as Grantors commence to cure the breach within thirty (30) days and diligently prosecute curative action to completion. If a breach by Grantors threatens irreparable harm to Grantee or the Airfield, the thirty (30) day cure period will not apply, and Grantee may seek injunctive relief to eliminate the threat of irreparable harm. No failure on the part of the Grantee to enforce any term hereof shall discharge or invalidate such term or any other term hereof or 4 affect the right of the Grantee to enforce the same in the event of a subsequent breach or default. 11. Costs and Liabilities. Grantors retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership and maintenance of the Property. 12. Subsequent Transfers. Grantors agree to reference and incorporate the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in the Property, excluding leasehold interests in the Property. 13. Notices. Except as otherwise specified, any notice, approval or communication that either party is required to give in writing may be served personally or mailed to: Grantor: 8321 Weber, LLC 711 N Carancahua Street, Suite 808 Corpus Christi, Texas 78401 Grantee: City of Corpus Christi Property &Land Acquisition 1201 Leopard, 3rd floor Corpus Christi,Texas 78401 or to such other address as either party may designate by written notice to the other. Notices delivered personally will be deemed delivered when actually received. Each notice delivered by mail will be deemed delivered three (3) days after the date such notice, properly addressed, is post-marked. 14. Sale of Property. If Grantors decide to sell all or any portion of the Property, Grantors will first offer Grantee the right to purchase that portion of the Property to be sold in accordance with the provisions of this section. In the event Grantors intend to sell all or a portion of the Property together with adjoining lands owned by Grantors, the offer will apply to all lands being offered for sale by Grantors. Prior to marketing the Property for sale to third parties, Grantors will provide written notice to Grantee, which notice will include: (a) a description of that portion of the Property to be offered for sale, along with any other adjoining lands of Grantors to be sold; (b) any conditions of sale such as reservations of Mineral Rights, retained access easements, etc.; and (c) a copy of an appraisal of the fair market value of the lands to be sold prepared by a qualified, independent appraiser selected by Grantors, the cost of which appraisal will be borne by Grantors (the "Sale Notice"). Grantee will have a period of seventy-five (75) days from the date of the Sale Notice within which to elect by written response delivered to Grantors to purchase the lands described in the Sale Notice at a price equal to the fair market value of such lands as reflected in Grantors' appraisal. In the event Grantee elects to purchase the lands described in the Sales Notice, closing of the transaction will occur within ninety (90) days of the date of the Sale Notice, and Grantors will convey title to the lands described in the Sale Notice by special warranty deed in exchange for payment of the purchase price. In the event for any reason Grantee fails to elect to purchase the lands described in the Sale Notice within seventy-five (75) days of the date of the Sale Notice, or having so elected, fails to close on the purchase of the lands described in the Sale Notice within ninety (90) days of the date of the Sale Notice, Grantee's rights under this section, as to the lands described in the Sale Notice, will automatically terminate, and Grantors will be free to sell the lands described in the Sale Notice to any third 5 party or parties on such terms as may be acceptable to Grantors. In the event Grantors do not convey all of the Property in an initial sale, Grantee's rights under this section will be recurring. 15. Grantors' Representations. Grantors represents and warrant as to the date of execution of this Easement the following: (a) Grantors are seized of fee simple ownership in the surface estate in and to the Property and have the authority to enter into this Easement; and (b) the Property is free and clear of any and all liens or encumbrances, except for matters appearing of public record in the county in which the Property is located, prescriptive easements and easements apparent from a visual inspection of the Property; and (c) that Grantee shall have the use of and enjoy all of the benefits derived from and arising out of this Easement. 16. Right to Repurchase Airspace Easement. At any time following termination of the restrictions on use of the Property as provided in Section 3 above, the then current owner or owners of the Property shall have the right to purchase a revocation of the airspace easement provided for in Section 2 above. In the event such right is exercised, the purchase price for revocation of the airspace easement will be the fair market value of the airspace easement at the time the right is exercised, as determined by an independent appraiser selected by the then current owner or owners of the Property. 17. Right of Entry. Grantee shall have the right to enter onto the Property once per calendar year to inspect for compliance with the restrictive covenants. Grantee must provide Grantor at least three (3)days prior written notice prior to entry onto the Property TO HAVE TO HOLD the above-described easement rights, together with all and singular rights and appurtenances in anywise thereto belonging, unto said Grantee, and Grantors do hereby bind themselves, successors and assigns to warrant and forever defend all and singular the said easement rights unto the said Grantee against any person whomsoever claiming or to claim the same or any part thereof by, through and under Grantors, but not otherwise. 6 IN WITNESS WHEREOF Grantor has caused this instrument to be effective the day and year first written above. GRANTORS: 8321 Weber, LLC By: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2022, by as the of 8321 Weber, LLC, a Texas limited liability company,on behalf of said company. Notary Public, State of Texas Weber-Oso Investments, LLC By: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2022, by as the of Weber-Oso Investments, LLC, a Texas limited liability company,on behalf of said company. Notary Public, State of Texas 7 GRANTEE: City of Corpus Christi Jeff H. Edmonds, P.E. Director of Engineering Services Approved as to Form: Assistant City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Jeff H. Edmonds, P.E., Director of Engineering Services for the City of Corpus Christi, a Texas municipality,on behalf of such municipality. Notary Public, State of Texas 8 114 URBAN ENGINEERING Job No. 43201.C2.06 October 9,2022 Revised: October 26,2022 Exhibit A 52.03 Acre Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 52.03 Acre Tract, being a portion of a 32.48 Acre Tract (Called 32.41 Acre Tract), a 29.01 Acre Tract out of Section C and a 41.36 Acre Tract (Called 41.30 Acre Tract) out of Section B and C, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, said Tracts described in a General Warranty Deed from Colson Family Partnership, L.P. to 8321 Weber, LLC, recorded in Document No. 2012027806, Official Public Records of Nueces County, Texas and being a portion of a 18.14 Acre Tract and a 0.9973 Acre Tract (Called 0.9942 Acre Tract) out of the said Section B and C, said Tracts described in a General Warranty Deed from Oso-Weber Investments, LLC. to Weber-Oso Investments, LLC., recorded in Document No. 2012027809, of the said Official Public Records; said 52.03 Acre Tract being more fully described by metes and bounds as follows; Commencing, at a 5/8 Inch Iron Rod Found, on the apparent North Right-of-Way line of Farm to Market Road 43, being the Southwest corner of the said 32.48 Acre Tract, from Whence a 5/8 Inch Iron Rod Found, on the West boundary line of the said 32.48 Acre Tract, bears North 00°43'04" West, 598.49 Feet; Thence, North 58°21'26" East, over and across the said 32.48 Acre Tract, 380.33 Feet, to the Point of Beginning and for the Southwest corner of this Tract; Thence, North 00°17'19" East, over and across the said 32.48 Acre Tract, 2484.16 Feet, to the North boundary line of the said 32.48 Acre Tract and for the Northwest corner of this Tract; Thence, South 68°09'12" East, with the North boundary line of the said 32.48 Acre, the said 29.01 Acre and the said 18.14 Acre Tracts, 778.46 Feet, to a corner of the said 18.14 Acre Tract and of this Tract; Thence, South 55°54'42" East, with the North boundary line of the said 18.14 Acre Tract, 331.92 Feet, to a point on the North boundary line of the said 18.14 Acre Tract and for the Northeast corner of this Tract; Thence, South 00°17'19" West, over and across the said 18.14 Acre and the said 41.36 Acre Tract, 1994.73 Feet, to the Southeast corner of this Tract, from Whence a 5/8 Inch Iron Rod Found, on the said apparent Right-of-Way line, for the Southeast corner of the said 41.36 Acre Tract, bears South 80°58'49"East, 1008.68 Feet; S:\Surveying\43201\C206\OFFICE\METES AND BOUNDS\FN_43201C206_52.03Ac_20221009.Doc 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 Thence, South 89'12'52" West, over and across the said 41.36 Acre, the said 0.9973 Acre, the said 29.01 Acre and the said 32.48 Acre Tracts, 1000.00 Feet, to the Point of Beginning and containing 52.03 Acres (2,266,447 Square Feet) of Land, more or less. Bearings are based off of the West boundary line of a 38.28 Acre Tract (Called 38.34 Acre Tract) described in a General Warranty Deed from Colson Family Partnership, L.P. to 8321 Weber, LLC, recorded in Document No. 2012027806, Official Public Records of Nueces County, Texas. 52.03 Acre Tract, being 500 Feet wide on either side of the centerline projection of the runway, 3000 Feet from and parallel to the end of the said runway. Boundary line along Oso Creek is based on the record description and not current on the ground conditions. The said description is not an approved boundary by the Texas General Land Office. Unless this fieldnote 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. of URBAN ENGINEERING � TE ��,���srep�oy61 14 ........... BRIAN DAVID LOREN.... �J 683 fly? Brian D. Lorentson, R.P.L.S. sURVE License No. 6839 S:\Surveying\43201\C206\OFFICE\METES AND BOUNDS\FN_43201C206_52.03Ac_20221009.Doc 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 U z a"w... 0M�a / I S68Q9,1 �, Legend: o a, 0 5/8 Inch Iron Rod Found ��� 1"0 1 Inch Iron Pipe Found U I S O h Pii O / I V J O I f- ���99� I 2�F 0 o z N U O N J 0 N o U/ o _ I U C Q co 2 bO < t 0Cu 18.14 Acres In (Owner:Weber-Oso Investments, LLC) Go 2 (Doc. No. 2012027809, O.P.R.N.C.T.) N Q o M oy I — ' 52.03 Acres - - rn - - \a (2,266,447 Q� Ga r e e (2,266,447 Sq. Ft.) e�ey � eP J~ F- 38.28 Q / 38.28 Acres (Called 38.34 Acres) 0 I G o° �• I I `o J p Go<' y Q p (Owner:8321 Weber LLC) I Z I N10 81 a z Q"¢, Ila (Doc. No. 2012027806, O.P.R.N.C.T.) I Ieo�\' a6 q _ CoQ y c,y \v I rn E Q N I 0 I . 5, a O Co �oJ<�Jo\o`��J \coo ��a o / 4.775 Acres ae - p N (Owner:Dodson David Barnard ET UX) I eoo� \ 40.30 \� o No 41.36 Acres (Called 41.30 Acres) (Per Appraisal District) I Q N Acres (Per Appraisal District) CoQ . (Owner:8321 Weber LLC) o° _ _ _ _ 26,74 Acres I I a o (Doc. No. 2012027806, O.P.R.N.C.T.) rn 3 a Point of o / II ABerinnina_ 17,77 Acres I II ' - -S 80°5 8' " 00.78fi Acres �,,,S&9*11252„W 1000.00 868 (Owner:8229 Weber, LLC.) In (Doc. No. 2013021487, O.P.R.N.C.T.) _ _ _ - - - - - _ - — 0.702 Acres N78°50'17"E 503°52'26 Point of 0 37' (Bent) (Owner:Megan's Oasis, LLC.) 1.31' (Doc. No. 2009016332, O.P.R.N.C.T.) Commencement (100'R.0.W.) 1.26 AcresF.M. Road 43 (Weber Road) (Owner:Megan's Oasis, LLC.) (Doc. No. 2009016332, O.P.R.N.C.T.) Exhibit B Total Acreage by Owner: Owner: 8321 Weber LLC - 45.25 Acres Sketch to to Accompany Weber-Oso Investments, LLC - 6.78 Acres FIELDNOTES for a 52.03 Acre Tract, being a portion of a 32.48 Acre Tract (Called 32.41 Acre Tract), a 29.01 Acre Tract out of Section C and a 41.36 Acre Tract (Called 41.30 Acre Tract) out of Section B and C, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, said Tracts described in a General Warranty Deed from Colson Family Partnership, General Notes. L.P. to 8321 Weber, LLC, recorded in Document No. 2012027806, Official Public Records of Nueces County, Texas and being a portion of a 18.14 Acre Tract and a 1.) Bearings are based off of the West boundary line of 0,9973 Acre Tract out of the said Section B and C, said Tracts described in a 'A .38.28 Acre Tract (Called 38.34 Acre Tract) General Warranty Deed from Oso—Weber Investments, LLC. to Weber—Oso Investments, decribed in a General Warranty Deed from Colson Family Partnership, L.P. to 8321 Weber, LLC, LLC., recorded in Document No. 2012027809, of the said Official Public Records. recorded in DocumentNo. 2012027806, Official Public Records of Nueces County, Texas. REV: OCT. 26, 2022 2.) Boundary line along Oso Creek is based on the DATE: OCT. 9, 2022 record description and not current on the ground „ , conditions. The said description is not an approved URBAN SCALE: 1 =500 boundary by the Texas General Land Office. JOB NO.: 43201.C2.06 3.) 52.03 Acre Tract, being 500 Feet wide on either ENGINEERING SHEET: 1 of 2 side of the centerline projection of the runway, 3000 TBPE FIRM NO.145,T8PLS FIRM NO.10032400 Feet from and parallel to the end of the said 2725 SWAN7NER OR,CORPUS CHRISTI,TX 78404 DRAWN BY: RLG PRONE 381.854.3101 WWW.URBANENG.COM runway. urbonsurveyl Ourboneng.com 02022 by Urban Engineering a� 3 Obi Z w 0 a4,7117 �o U ar a� 4 a SITE: F.M. Road 43 (Weber Road) COUNTY OF NUECES CITY OF CORPUS CHRISTI LOCATION MAP N.T.S. Exhibit B Sketch to Accompany FIELDNOTES for a 52.03 Acre Tract, being a portion of a 32.48 Acre Tract (Called 32.41 Acre Tract), a 29.01 Acre Tract out of Section C and a 41.36 Acre Tract (Called 41.30 Acre Tract) out of Section B and C, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, said Tracts described in a General Warranty Deed from Colson Family Partnership, L.P. to 8321 Weber, LLC, recorded in Document No. 2012027806, Official Public Records of Nueces County, Texas and being a portion of a 18.14 Acre Tract and a 0.9973 Acre Tract out of the said Section B and C, said Tracts described in a General Warranty Deed from Oso—Weber Investments, LLC. to Weber—Oso Investments, LLC., recorded in Document No. 2012027809, of the said Official Public Records. REV: OCT. 26, 2022 DATE: OCT. 9, 2022 URBAN SCALE: NTS JOB NO.: 43201.C2.O6 ENGINEERING SHEET: 2 of 2 172E WAN N0.145,T8PLS CH N0.100.32400 DRAWN B Y: R LG 2725 S RM NO 45.CORPUS RM NO. 0 78404 PHONE 381.854.3101 WWW.URBANENG.CON urbansurveyl Ourbaneng.com 02022 by Urban Engineering k el ,+qpy Tj + FMR x 1 s 1 s 1