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Agenda Packet City Council - 12/20/2022
Lw,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, December 20,2022 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 Pastor, David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Haley Zepeda, Sophomore at Roy Miller 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. 23-0049 Staff Announcement Nadia Chandler Hardy, Assistant City Manager 2. 23-0050 FY 2022 4th Quarter Budget and Finance Update 3. 23-0051 Mud Bridge Repair Update by Ernesto De La Garza, Director of Public Works 4. 23-0053 2022 United Way Charitable Campaign Recap City of Corpus Christi Page 1 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 5. 23-0054 37th Annual Martin Luther King Jr. Commemorative March on Monday, January 16, at City Hall 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 6 - 31) 6. 23-0022 Approval of the December 6, 2022 Regular Meeting Minutes Consent-Second Reading Ordinances 7. 22-1955 Ordinance authorizing the acceptance of a grant in an amount of $281,193.79 from the State of Texas, Criminal Justice Division for the Victims of Crime Act Grant with an in-kind match of$18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $281,193.79 in the Police Grants Fund; and authorizing five full-time positions. (Requires 2/3 Vote) sponsors: Police Department 8. 22-1956 Ordinance authorizing acceptance of a grant in an amount of$47,393.76 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$13,351.61 and in-kind match of $6,960.00; and appropriating $60,745.37 in the Police Grants Fund; and authorizing one full-time civilian position for a Victim Case Manager. (Requires 2/3 Vote) sponsors: Police Department 9. 22-1958 Ordinance authorizing acceptance of a grant in an amount of$45,776.00 from the State of Texas, Criminal Justice Grant Program for the Edward Byrne Memorial Justice Assistance Grant for the purchase of six additional in-car video systems for the Corpus Christi Police Department; and City of Corpus Christi Page 2 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 appropriating $45,776.00 in the Police Grants Fund. (Requires 2/3 Vote) sponsors: Police Department 10. 22-1959 Ordinance authorizing acceptance of a grant in an amount of$150,000.00 from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a 3D laser scanner for the Corpus Christi Police Department's Forensic Services Division; and appropriating $150,000.00 in the Police Grants Fund. (Requires 2/3 Vote) sponsors: Police Department 11. 22-1810 Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of$10,000.00 for the Corpus Christi Police Department Crime Reduction Unit to purchase supplies used to promote and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating $10,000.00 in the Police Grants Fund. (Requires 2/3 Vote) sponsors: Police Department 12. 22-1960 Ordinance authorizing the acceptance of a grant in the amount of $415,806.00 from the Assistance to Firefighters Grant Program, for incident command training, water rescue training, and purchasing personal protective equipment for the Corpus Christi Fire Department's technical rescue program, with a City cash match of$37,800.55; and appropriating $415,806.00 in the Fire Grants Fund. (Requires 2/3 Vote) sponsors: Fire Department 13. 22-1800 Ordinance authorizing acceptance of a $1,000 grant from NuStar Logistics L.P. for the purchase of supplies and equipment for the Corpus Christi Fire Department's HazMat Program; and appropriating $1,000 into Fire Grant Fund. (Requires 2/3 Vote) sponsors: Fire Department 14. 22-2099 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on December 6, 2022, which adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development. sponsors: Finance &Procurement 15. 22-1984 Case No. 1022-02, Mc J's and Associates, LLC. (District 4): Ordinance rezoning a property at or near 14909 Granada Drive from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) sponsors: Development Services City of Corpus Christi Page 3 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 16. 22-2001 Case No. 1022-04 James Jones (District 2): Ordinance rezoning a property at or near 3301 South Staples Street from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) sponsors: Development Services Consent- One-reading Ordinances 17. 22-1598 One-Reading Ordinance increasing Engineering Inspection Fees; approving the addition of four full-time positions with required salaries, benefits, and equipment to the Engineering Services Department budget; and amending the FY 2023 Operating Budget with funding coming from the FY 2023 Capital Improvement and Operational Budgets as required. (Requires 2/3 Vote) sponsors: Engineering Services 18. 22-2068 One-Reading Ordinance authorizing a five-year Lease Agreement with Coastal Bend Cricket Club which will allow for Coastal Bend Cricket Club to have access to, and use of a cricket pitch that will be constructed by the City at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. (Requires 2/3 Vote) sponsors: Parks and Recreation Department 19. 23-0017 One-Reading Ordinance authorizing a 75-month license agreement with Texas Market Research Group, L.L.C. for use of 121 parking spaces at the City parking lot located at 900 Mann Street during specified hours. (Requires 2/3 Vote) sponsors: Finance &Procurement 20. 23-0027 One-Reading Ordinance abandoning and vacating utility easements totaling 4,000.05 square feet out of Flour Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40, located at 9825 and 9841 South Padre Island Drive; conditioned on the dedication of a replacement easement. sponsors: Development Services Consent- Contracts and Procurement 21. 22-1896 Motion authorizing the purchase of six additional self-contained breathing apparatus air-paks and cylinders from HEAT Safety Equipment LLC., of Von Ormy, Texas, through the HGACBuy Cooperative, for $54,563.30 to be utilized by the Fire Department, with FY 2023 funding from the General Fund. (Requires 2/3 Vote) sponsors: Fire Department and Finance & Procurement 22. 22-2105 Resolution authorizing a five-year license agreement with Infor US, Inc., of City of Corpus Christi Page 4 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 New York, New York, for a Workforce Management ("WM") software module for time management to assist Human Resources and Payroll in improving employee timekeeping, automating workflows, and shortening the time to process payroll for a total amount of$1,039,996.16 and authorizing an agreement with The Arcanum Group, Inc., of Aurora, Colorado, for implementation of the WM module for$562,552.00, with FY 2023 funding of$758,877.00 from the Information Technology Fund. (Requires 2/3 Vote) sponsors: Information Technology Services and Finance &Procurement Consent- Capital Projects 23. 22-1247 Motion awarding a construction contract to Mako Contracting, Corpus Christi, TX, for the Salinas Park Connectivity project, located in Council District 3, in an amount of$302,156.10 with FY 2023 funding available from the Park CIP Fund. (Requires 2/3 Vote) Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement General Consent Items 24. 22-2096 Resolution Approving the Calendar Year 2023 Annual Audit Plan to be implemented by the City Auditor's Office. sponsors: City Auditor 25. 23-0028 Resolution authorizing a developer participation agreement with MPM Development, LP to reimburse developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa Drive (formerly Iron Throne Drive). (Requires 2/3 Vote) sponsors: Development Services 26. 23-0021 Resolution authorizing a Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 Consolidated Annual Action Plan for U.S. Department of Housing and Urban Development funds reducing the Emergency Solutions Grant COVID allocation from $2,667,276 by $533,147.46 to $2,134,128.54; allocating $1,144,611.54 to The Salvation Army for construction of temporary housing; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. sponsors: Neighborhood Services 27. 22-2071 Resolution approving the Program for Public Information, a community outreach campaign to help residents plan for and protect themselves from flooding and other disasters, as part of the City's participation in the Community Rating System Program (CRS). City of Corpus Christi Page 5 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 Sponsors: Public Works/Street Department 28. 22-2025 Motion authorizing six Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: one with Service Corps of Retired Executives (SCORE), one with Texas A&M University-Corpus Christi, and four with Del Mar College for a total amount not to exceed $675,000 to support small businesses within the City of Corpus Christi. (Requires 2/3 Vote) Sponsors: Finance &Procurement 29. 22-2054 Resolution authorizing execution of an Interlocal cooperation agreement with the Corpus Christi Downtown Management District for dockless vehicle cleanup services in the annual amount not to exceed $41,250.00, with funding available in the Dockless Vehicle Fund. (Requires 2/3 Vote) Sponsors: Finance &Procurement Consent-First Reading Ordinances 30. 22-2079 Ordinance accepting two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the amount of $276,171.44 (Category B - emergency measures and Category Z - management costs) including local match of$26,302.04 from the Texas Division of Emergency Management (IDEM). (Requires 2/3 Vote) Sponsors: Finance &Procurement 31. 22-2030 Ordinance authorizing a 30-year ground lease, with two five-year options to extend, with Corpus Christi Renewables, LLC, for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment; and providing for publication. (28-day delay required between readings) (Requires 2/3 Vote) Sponsors: Solid Waste Operations and Finance &Procurement J. RECESS FOR LUNCH K. RECESS TO CORPORATION MEETING: (ITEM 32) 32. 23-0030 North Padre Island Development Corporation Special Meeting Sponsors: Finance &Procurement L. RECONVENE CITY COUNCIL MEETING: M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 33 -40) 33. 23-0031 Resolution authorizing termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone No. 2, and the North Padre Island Development Corporation; and City of Corpus Christi Page 6 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 authorizing dissolution of the North Padre Island Development Corporation. Sponsors: Finance &Procurement 34. 22-2050 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $270,000,000 for Utility System expenditures budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan but incurred before the issuance of the bonds. Sponsors: Finance &Procurement 35. 22-2051 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of General Obligation bonds in an amount not to exceed $125,000,000 for expenses related to projects included in the voter approved 2022 Bond Election incurred before the issuance of the bonds. Sponsors: Finance &Procurement 36. 22-2097 Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Certificates of Obligation in an amount not to exceed $53,800,000 for expenses budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP). Sponsors: Finance &Procurement 37. 22-1423 One-Reading Ordinance authorizing a construction contract to Fulton Coastcon General Contractors of Corpus Christi, Texas, for the construction of the Police Training Academy in an amount of $21,154,706.00 and authorize a professional services contract amendment No. 3 to Turner Ramirez & Associates, Inc., Corpus Christi, Texas, to provide construction phase services in an amount of$93,953.00 for a for a total restated fee not to exceed $1,199,553.00, located in Council District 5, amending the Capital Budget $3,763,536.00 with FY 2023 funding available from Certificates of Obligation and General Fund. (Requires 2/3 Vote) Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 38. 22-1997 Ordinance authorizing the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $412,000.00 from the Golf Fund and $1,160,000 from the anticipated Certificates of Obligation for increased construction costs for improvements to the Lozano Golf Center Executive Nine Hole Course and practice range; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. (Requires 2/3 Vote) Sponsors: Parks and Recreation Department 39. 23-0044 One-Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related City of Corpus Christi Paye 7 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements in a total amount of up to $5,455,000 previously approved by City Council; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager. (Requires 2/3 Vote) sponsors: Corpus Christi Water 40. 23-0042 One-Reading Ordinance authorizing execution of all documents necessary to acquire an underground utility easement from Union Pacific Railroad near Broadway Street and Palm Drive; declaring a public use and necessity; and authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire an underground utility easement for water supply projects across railroad right-of-way near Broadway Street and Palm Drive in a manner that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities. (Requires 2/3 Vote) sponsors: Corpus Christi Water N. PUBLIC HEARINGS: (ITEMS 41 -43) 41. 22-2053 One-reading ordinance annexing sections of County Road (CR) 43 and CR 18 located south of Farm to Market Road (FM) 2444 and being approximately 9.78 acres, annexing approximately 37.44 acres of land per owner petition, and annexing a section of FM 2444 from CR 41 to County Road 47 into the territorial limits of the City of Corpus Christi; and approving related service plans. (Requires 2/3 Vote) sponsors: Planning Department 42. 22-2095 Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. sponsors: Planning Department 43. 23-0005 Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement") up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future City of Corpus Christi Paye 8 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. (Requires 2/3 Vote) sponsors: Development Services O. CANVASSING ELECTION: (ITEM 44) 44. 23-0029 One-Reading Ordinance canvassing returns and declaring the results of the Runoff Election held on December 13, 2022 in the City of Corpus Christi for the purpose of electing the Council Members for Districts One, Two, and Three. sponsors: City Secretary's Office P. BRIEFINGS: (ITEMS 45 -47) 45. 23-0025 Quarterly briefing update to City Council on operations at the American Bank Center sponsors: City Manager's Office 46. 23-0055 Coastal Bend Council of Governments Meeting Update sponsors: Communications&Intergovernmental Affairs 47. 23-0058 Metropolitan Planning Organization Meeting Update sponsors: Planning Department Q. EXECUTIVE SESSION: (ITEM 48) 48. 23-0015 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights for desalination and water treatment, transmission, and storage facilities, including areas at or near the (1) the Inner Harbor Ship Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd, Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La Quinta Channel Seawater Desalination Site involving various properties between Highway 361 and the La Quinta Ship Channel and areas in and adjacent to said locations, (3) other water rights and contracts for the purchase of water including, but not limited to, water related permits on or near the Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary Rhodes Pipeline, (4) applications for water rights permits, discharge permits, and other permits from the Texas Commission of Environmental Quality and/or the U.S. Army Corps of Engineers, and (5) potential use of eminent domain proceedings to effectuate the aforementioned acquisitions and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, City of Corpus Christi Paye 9 Printed on 12/19/2022 City Council Meeting Agenda-Final-revised December 20,2022 lease, or value of real property (including, but not limited to, property (water) rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. R. ADJOURNMENT City of Corpus Christi Page 10 Printed on 12/19/2022 CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Manag COPY: I'Accutive Tearn SUBJECT: Staff Announcements DATE: November 29, 2022 I am pleased to announce: the executive appointments of our new Assistant City Manager and new Assistant Director of Management & Budget. Assistant Cite Mann—er I have a1)1�01111G�d \,'Id l ( 11,indlcr I larkly as Assistant City Manager, effective Monday, December 19. Nadia has over 15 years of municipal government experience. with over ten years in large Texas cities, including the City of Dallas, the City of San Antonio, and the City of Corpus Christi where she began her career. Previously. Nadia served as the Assistant City Manager for the City of Dallas. In Dallas, she oversaw Code C'ompIiance. Animal Services, Office of Community Care, Office of Homeless Solutions, 01'1iee ol'l:�,,siliencc, Office of Equity & Human Rights, and C .Customer Support-31 1. As Assistant Cite Manaiuci-, she designed and implemented the West Dallas Cornlrlunity Center capital Plan and Created the C Ity"s first strategic priority fralework fol' human and social services needs for over 20,000 individuals. Before her Dallas :tppoinwicnt, Nadia served the City of Tacoma. 'Washington as Assistant to the C'it� Nl,lnal,cr and the Director of Neighborhood and ('017]11111111tV Seri ires.. Most notably, Nadia spe,trllcaded a citywide Ten-Year Vision and Stratc,6c plannln, effort enga-ing over 4,004 residents and community stakeholders resulting in the: adoption of -Tacoma2025-, the City's guiding policy document for service delivery, community development, and government 17C1'fiYrill,ll]i�'. Nadia holds a Bachelor of` Arts and a Master of PUNIC AJ1111111S11'i11'1()[) troin Texas A&M University-Corpus Christi. She is also a graduate ofth 17 IllStitute— University of 1innesota Humphrey School of Public .\Cfrs ,md 111: S� l nig cr;it� 1I,1`�},ell School of`Citiienship and Public Affairs. Page 2 of 2 Staff Announcements Assistant Director of Management& Budget I have appointed Amy Cowley as the Assistant Director of Management & Budget, effective Monday,November 28. Amy has twelve years of experience in budget and finance, with ten of those years in municipal government. In her most recent role, Amy oversaw the preparation of departmental budgets and managed the financial records system for the City of Mount Pleasant. Previously,Amy worked for the City of San Antonio for over nine years as a Fiscal Administrator. She was responsible for budgeting, monitoring, and reporting on$44 million in general funds and grant funding. Before the City of San Antonio, Amy was the Chief Financial Officer for the La Vernia Independent School District. She was responsible for all financial and business affairs of the school district, including overseeing a budget of over$36 million in local, state, and federal funding. Amy holds a Bachelor of Science degree in Accounting from the University of West Florida and a Master of Business Administration from Texas A&M University-Corpus Christi. She also is a member of the Government Finance Officers Association. FY 2021 -2022 Budget/Performance Report -- ---------------------------- Pl,e r 1 oded Se tem r 30, 2022 M A W ► _ � �� ASF .. �� � " � 9� O� � v ���DRPOBpSE� 1852 City of Corpus Christi, Texas Office of Management & Budget U50 �NCQRPORAIt� 1852 2 FY 2022 FourthQuarter d Budget • Finance Repod General Fund Revenues City of Corpus Christi SOURCESALL $60 FY 2022 Variance Amended Actuals Favorable $50 Budget (Unfavorable) $40 Oct $ 28.41 $ 37.07 $ 8.66 Nov 51.94 46.62 -5.32 $30 Dec 25.35 25.83 0.48 Jan 41.24 39.03 -2.21 $20 Feb 31.47 30.84 -0.63 Mar 14.68 15.48 0.80 $10 Apr 15.85 16.76 0.91 May 14.94 16.36 1.42 $_ Jun 13.78 15.60 1.81 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 16.53 15.61 -0.92 Aug 14.37 15.17 0.80 FY 2022 Amended Budget (Actuals Sep 18.27 19.46 1.20 Total 286.83 293.82 7.00 PROPERTYGENERAL $30 FY 2022 Variance Amended Actuals Favorable $25 Budget (Unfavorable) $20 Oct $ 15.91 $ 26.179 $ 10.27 Nov 15.01 7.31 -7.70 $15 Dec 12.43 12.24 -0.18 Jan 26.80 25.23 -1.57 $10 Feb 17.92 17.50 -0.42 Mar 1.95 2.02 0.07 $5 Apr 1.09 1.15 0.06 May 0.84 0.97 0.12 $_ Jun 0.81 0.45 -0.36 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.56 0.39 -0.17 Aug 0.43 0.40 -0.03 FY 2022 Amended Budget Actuals Sep 0.35 0.25 -0.10 Total 94.09 94.09 0.00 CITY SALES TAX($ in Millions) $7 FY 2022 Variance $6 Amended Actuals Favorable Budget (Unfavorable) $5 Oct $ 5.67 $ 5.99 $ 0.32 $4 Nov 4.97 4.91 -0.06 Dec 4.73 5.37 0.65 $3 Jan 6.31 6.65 0.34 Feb 4.72 4.76 0.04 $2 Mar 4.66 4.90 0.24 $1 Apr 5.85 6.36 0.52 May 4.98 5.39 0.41 $_ Jun 4.96 5.38 0.42 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 5.78 6.12 0.34 Aug 5.28 5.82 0.54 FY 2022 Amended Budget (Actuals Sep 5.12 5.83 0.70 Total 63.04 67.49 4.45 3 General Fund Revenues City of Corpus Christi FRANCHISE FEES($ in Millions) $4.0 FY 2022 Variance $3.5 Amended Actuals Favorable Budget (Unfavorable) $3.o Oct $ 0.03 $ 0.03 $ 0.01 $2.5 Nov 0.94 0.96 0.02 $2.0 Dec 0.90 0.89 -0.01 Jan 0.79 0.79 0.00 $1.5 Feb 1.71 1.89 0.19 $1.0 Mar 0.74 0.73 -0.01 Apr 1.08 1.00 -0.08 $0.5 May 1.98 2.11 0.14 $_ Jun 0.83 0.90 0.07 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 2.24 1.12 -1.11 Aug 1.11 2.11 1.00 FY 2022 Amended Budget (Actuals Sep 3.48 2.13 -1.35 Total 15.82 14.68 1.14 SOLID $4.5 FY 2022 Variance $4.0 Amended Actuals Favorable $3.5 Budget (Unfavorable) $3.0 Oct $ 3.56 $ 3.19 $ (0.37) Nov 3.52 3.51 -0.01 $2.5 Dec 3.60 3.47 -0.14 $2.0 Jan 3.36 4.24 0.88 $1.5 Feb 3.59 3.56 -0.03 Mar 3.62 3.59 -0.03 $1.0 Apr 3.57 3.93 0.37 $0.5 May 3.57 3.04 -0.53 $_ Jun 3.59 3.87 0.27 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 3.58 3.65 0.07 Aug 3.58 3.56 -0.02 FY 2022 Amended Budget Actuals Sep 3.60 3.66 0.06 Total 42.74 43.25 0.51 OTHERALL $35 FY 2022 Variance $30 Amended Actuals Favorable Budget (Unfavorable) $25 Oct $ 3.26 $ 3.40 $ 0.14 $20 Nov 27.52 28.93 1.41 Dec 3.68 3.85 0.17 $15 Jan 3.97 2.11 -1.86 Feb 3.54 3.13 -0.41 $10 Mar 3.70 4.24 0.54 $5 Apr 4.26 4.30 0.04 May 3.57 4.85 1.27 $_ Jun 3.58 4.99 1.41 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 4.38 4.33 -0.05 Aug 3.98 3.28 -0.69 FY 2022 Amended Budget -&-Actuals Sep 5.71 6.90 1.18 Total 71.15 74.31 3.16 4 FY 2022 FourthQuarter Budget and Finance Report General Fund Revenues City of Corpus Christi FY2022 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD • • • • • •22 % 2020-2021 2• • • AVAILABLE FUNDS Reserved for Encumbrances $8,567,262 $11,732,495 Reserved for Commitments $14,063,969 $2,402,639 Reserved for Major Contingencies $57,212,372 $52,838,357 Unreserved $23,249,327 $19,641,380 BEGINNING BALANCE $103,092,930 $86,614,871 REVENUES General Property Taxes $94,088,925 $94,088,925 $94,091,468 100.0% $88,031,897 $89,060,269 101.2% Industrial District- In-lieu 24,203,291 24,203,291 23,753,008 98.1% 13,440,208 21,095,855 157.0% City Sales Tax 63,036,000 63,036,000 67,487,804 107.1% 57,629,327 63,074,167 109.4% Other Taxes 2,000,000 2,000,000 2,244,637 112.2% 1,882,367 2,082,814 110.6% Franchise Fees 15,826,631 15,826,631 14,682,457 92.8% 16,131,972 14,685,652 91.0% Solid Waste Services 42,744,092 42,744,092 43,246,660 101.2% 41,359,801 43,017,248 104.0% Other Permits & Licenses 1,134,678 1,134,678 1,072,130 94.5% 1,013,437 1,250,174 123.4% Municipal Court 4,026,410 4,026,410 5,822,428 144.6% 4,338,412 4,273,665 98.5% General Gov. Service 45,120 45,120 2,317 5.1% 72,094 102,560 142.3% Health Services 1,064,500 1,064,500 1,150,797 108.1% 1,178,500 1,020,083 86.6% Animal Care Services 137,850 137,850 64,519 46.8% 185,681 101,633 54.7% Library Services 65,791 65,791 67,027 101.9% 105,527 65,385 62.0% (1) Recreation Services 3,698,965 3,698,965 2,158,801 58.4% 3,765,533 1,582,581 42.0% Administrative Charges 9,096,956 9,096,956 9,075,430 99.8% 9,346,285 10,985,577 117.5% (2) Interest and Investments 353,639 353,639 (1,047,391) -296.2% 530,288 309,330 58.3% Public Safety Services 13,141,712 13,141,712 16,079,240 122.4% 13,322,917 17,073,074 128.1% Intergovernmental 1,434,544 1,434,544 1,313,509 91.6% 774,567 2,111,825 272.6% (3) Other Revenues 1,026,683 1,026,683 2,732,389 266.1% 1,050,874 3,606,333 343% Interfund Charges 9,701,845 9,701,845 9,825,546 101.3% 10,032,097 10,050,478 100.2% $286,827,633 $286,827,633 $293,822,777 102.4% $264,191,784 $285,548,702 108.1% 5 FY 2022 FourthQuarter Budget • Finance Report General Fund Expenditures City of Corpus Christi YTID YTID YTID YTID BUDGET • • BUDGET ACTUALS, YTID 2021-2022 2021-2022 2021-2022 % 2020-2021 2020-2021 % APPROPRIATIONS City Council & Mayors Office $503,084 $503,084 $424,087 84.3% $353,103 $314,247 89.0% City Attorney 2,780,368 2,780,368 2,404,505 86.5% 2,703,786 2,436,699 90.1% City Auditor 605,581 605,581 396,299 65.4% 455,205 422,813 92.9% City Manager 2,592,455 2,592,455 2,468,228 95.2% 1,993,379 1,919,702 96.3% Intergov. Relations 478,219 478,219 388,575 81.3% 361,389 356,883 98.8% Communication 3,752,266 3,752,266 2,891,407 77.1% 2,519,640 2,413,208 95.8% City Secretary 943,223 943,223 915,681 97.1% 1,009,939 927,625 91.8% Finance 5,885,299 5,885,299 4,916,006 83.5% 4,936,767 4,527,936 91.7% Management& Budget 1,283,805 1,283,805 1,225,310 95.4% 1,032,769 1,031,757 99.9% Strategic Management 480,646 480,646 432,560 90.0% 284,203 255,620 89.9% Human Resources 2,413,183 2,413,183 2,264,150 93.8% 1,970,362 1,769,835 89.8% Municipal Court 5,990,683 5,990,683 5,895,460 98.4% 5,336,512 5,120,065 95.9% Museum 730,013 730,013 697,518 95.5% 741,695 729,005 98.3% Fire 76,361,824 76,361,824 68,205,993 89.3% 69,408,230 68,703,542 99.0% Police 76,162,103 76,162,103 76,238,046 100.1% 73,160,348 72,158,321 98.6% Health Services 4,177,597 4,177,597 3,701,265 88.6% 3,498,401 3,820,232 109.2% Animal Control 3,800,717 3,800,717 3,678,127 96.8% 3,508,625 2,698,072 76.9% Library 5,419,673 5,419,673 5,292,397 97.7% 4,817,690 4,549,667 94.4% Parks & Recreation 24,696,987 24,696,987 18,688,284 75.7% 19,769,527 16,764,441 84.8% Solid Waste Services 32,988,440 32,988,440 27,912,972 84.6% 29,130,262 25,091,802 86.1% Comprehensive Planning 1,581,634 1,581,634 1,180,950 74.7% 1,553,666 772,545 49.7% Code Enforcement 2,755,723 2,755,723 2,313,197 83.9% 2,183,216 1,929,770 88.4% Neighborhood Services 691,833 691,833 473,248 68.4% 529,671 289,477 54.7% Street Lighting 3,434,697 3,434,697 3,016,374 87.8% 3,260,488 3,186,383 97.7% Outside Agencies 2,629,086 2,629,086 2,541,169 96.7% 2,433,237 2,357,522 96.9% Other Activities 3,734,961 3,734,961 2,806,463 75.1% 5,825,024 8,556,307 146.9% Transfer to Debt - - - n/a 5,240,418 5,240,418 100.0% Transfer to Streets 34,400,075 34,400,075 34,400,050 100.0% 23,399,968 23,630,054 101.0% Economic Dev. Incentives 874,528 874,528 662,357 75.7% 1,577,500 1,414,278 89.7% Interdepartmental Transfers 9,252,988 9,252,988 9,062,988 97.9% 5,261,312 5,682,416 108.0% TOTAL APPROPRIATIONS $311,401,690 $311,401,690 $285,493,667 91.7% $278,256,329 $269,070,642 96.7% 6 FY 2022 FourthQuarter .� Budget and Finance Reporil General Fund Notes City of Corpus Christi Revenue: (1) After Hour Kid Power(After school Childcare program) is under budget by$1.42 million. Loss of revenue due mainly to low-cost options available at many sites. (2) Interest and Investments includes a decrease in the market value of investments of$2.12 million at year-end. This is a year-end accounting entry and since the City holds investments until maturity there will not be a loss when investments mature. (3) Other Revenues exceed budgeted amount due to significant funds received for sale of used equipment($1,272,000) and unbudgeted reimbursement from State of Texas for Fire personnel assistance ($391,000) 7 Enterprise Funds Revenues City of Corpus Christi Millions)WATER UTILITY&GAS FUNDS in $35.0 FY 2022 Variance Amended Actuals Favorable $30.0 Budget (Unfavorable) $25.0 Oct $ 23.35 $ 22.75 $ (0.60) IPA $20.0 Nov 24.08 22.54 -1.53 Dec 24.60 28.99 4.39 $15.0 Jan 24.83 17.80 -7.02 Feb 24.62 22.78 -1.84 $10.0 Mar 23.69 24.25 0.56 Apr 23.70 24.70 1.00 $5.o May 23.18 25.83 2.65 $_ Jun 24.41 25.96 1.55 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 24.29 26.55 2.25 Aug 24.24 26.49 2.25 FY 2022 Amended Budget (Actuals Sep 26.06 24.10 -1.95 Total 291.05 292.75 1.70 AIRPORT FUNDS($ in Millions) $1.40 FY 2022 Variance $1.20 Amended Actuals Favorable Budget (Unfavorable) $1.00 Oct $ 0.97 $ 1.28 $ 0.31 $0.80 Nov 0.92 1.19 0.27 Dec 0.95 0.97 0.02 $0.60 Jan 0.94 0.92 -0.02 Feb 0.90 0.92 0.02 $0.40 Mar 0.90 0.92 0.02 $0.20 Apr 0.90 1.06 0.16 May 0.85 1.26 0.41 $_ Jun 0.94 1.08 0.14 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.93 1.03 0.10 Aug 0.99 1.17 0.18 FY 2022 Amended Budget (Actuals Sep 1.11 1.07 -0.04 Total 11.30 12.88 1.57 MARINA FUND($ in Millions) FY 2022 Variance $0.40 Amended Actuals Favorable Budget (Unfavorable) Oct $ 0.18 $ 0.17 $ (0.01) $0.3o Nov 0.18 0.17 -0.01 Dec 0.17 0.16 -0.01 $0.20 _ _ _ Jan 0.17 0.17 0.00 Feb 0.17 0.17 0.00 Mar 0.17 0.17 -0.01 $0.10 Apr 0.18 0.17 -0.01 May 0.19 0.17 -0.02 $_ Jun 0.19 0.17 -0.02 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.20 0.42 0.22 Aug 0.19 0.18 -0.01 FY 2022 Amended Budget (Actuals Sep 0.19 0.17 -0.02 Total 2.19 2.29 0.10 8 2022 Fourth Quarter ", - d Budget po Enterprise Funds City of Corpus Christi YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2021-2022 2021-2022 2021-2022 % 2020-2021 2020-2021 % ENTERPRISE FUNDS Water Revenues $138,635,406 $138,635,406 $140,366,500 101.2% $140,111,429 $142,219,370 101.5% Expenditures 149,925,597 149,925,597 136,845,653 91.3% 149,105,219 135,827,512 91.1% Aquifer Storage&Rec Revenues 89,400 89,400 81,556 91.2% 84,400 85,374 101.2% Expenditures 89,400 89,400 - 0.0% - - n/a Backflow Prevention Revenues 247,000 247,000 227,159 92.0% 273,840 43,911 16.0% Expenditures 264,750 264,750 167,052 63.1% 273,840 102,645 37.5% Drought Surcharge Revenues 3,107,473 3,107,473 4,515,299 145.3% 3,265,669 3,815,899 116.8% Expenditures 517,584 517,584 517,584 100.0% - - n/a Raw Water Supply Dev Revenues 1,610,530 1,610,530 1,702,816 105.7% 1,907,427 1,709,167 89.6% Expenditures 89,400 89,400 89,400 100.0% 4,500 3,140 69.8% Choke Canyon (1) Revenues 7,980 7,980 (30,719) -385.0% 96,880 31,147 32.2% Expenditures 164,085 164,085 164,088 100.0% 158,073 158,073 100.0% Gas Revenues 46,138,128 46,138,128 47,640,096 103.3% 45,603,915 76,292,844 167.3% Expenditures 48,312,221 48,312,921 44,099,291 91.3% 83,121,687 73,745,510 88.7% Wastewater Revenues 83,161,838 83,161,838 80,297,805 96.6% 73,884,471 74,917,961 101.4% Expenditures 81,815,322 81,815,322 71,252,727 87.1% 78,977,116 67,277,914 85.2% Storm Water Revenues 18,048,908 18,048,908 17,945,512 99.4% 16,919,860 16,911,117 99.9% Expenditures 19,797,539 19,797,539 15,992,137 80.8% 18,244,208 14,779,454 81.0% Airport Revenues 9,181,663 9,181,663 10,549,250 114.9% 8,857,093 9,233,016 104.2% (2) Expenditures 13,101,039 13,101,039 9,030,269 68.9% 11,033,918 7,533,894 68.3% Airport Passenger Facility Charge Revenues 1,021,797 1,021,797 1,239,155 121.3% 929,510 963,573 103.7% Expenditures 1,128,996 1,128,996 1,128,996 100.0% 1,128,180 1,128,180 100.0% Airport Customer Facility Charge Revenues 1,101,108 1,101,108 1,089,106 98.9% 1,229,644 942,107 76.6% Expenditures 1,306,751 1,306,751 1,001,135 76.6% 1,061,436 693,686 65.4% Golf Center Revenues 207,920 207,920 579,553 278.7% 207,920 504,816 242.8% Expenditures 26,844 26,844 26,650 99.3% 33,854 320,764 947.5% Golf Capital Reserve Revenues - - 192,525 n/a 99,800 126,771 127.0% Expenditures - - 229,061 n/a 55,885 179,401 321.0% Marina Revenues 2,190,406 2,190,406 2,293,350 104.7% 2,144,089 4,130,310 192.6% Expenditures 4,959,686 4,959,686 4,286,254 86.4% 2,645,808 2,324,326 87.8% TOTAL ENTERPRISE FUNDS Revenues $304,749,557 $304,749,557 $308,688,964 101.3% $295,615,947 $331,927,383 112.3% Expenditures $321,499,213 $321,499,913 $284,830,296 88.6% $345,843,723 $304,074,499 87.9% 9 FY 2022 FourthQuarter Budget and Finance Report Enterprise Funds City of Corpus Christi Revenue: (1) Debit balance in Choke Canyon revenues due to a $90,075 decrease in the market value of investments at year-end. The City holds investments until maturity so there will not be a loss when investments mature. Expenditures: (2) Airport expenditures under budgeted amounts mostly due to$2.4 million in grant funds received which offset eligible expenditures. 10 d Special Revenue Funds Revenues City of Corpus Christi HOTEL • •T) &STATE HOTEL • • Millions) $4.5 FY 2022 Variance $4.0 Amended Actuals Favorable $3.5 Budget (Unfavorable) $3.0 Oct $ 1.48 $ 1.78 $ 0.30 Nov 1.46 1.48 0.02 $2.5 Dec 0.95 1.31 0.36 $2.0 Jan 0.87 1.11 0.23 $1.5 Feb 0.99 1.15 0.15 Mar 1.16 1.21 0.05 $1.0 Apr 2.17 1.76 -0.40 $0.5 I I I May 1.66 2.12 0.46 $_ Jun 1.83 2.37 0.54 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 2.43 2.67 0.25 Aug 3.08 4.16 1.08 FY 2022 Amended Budget (Actuals Sep 2.03 2.64 0.62 Total 20.11 23.75 3.65 REINVESTMENT • $3.0 FY 2022 Variance Amended Actuals Favorable $2.5 Budget (Unfavorable) $2.0 Oct $ 0.94 $ 1.14 $ 0.19 Nov 0.75 0.61 -0.14 $1.5 Dec 1.22 1.19 -0.03 Jan 2.35 2.44 0.09 $1.0 Feb 1.91 2.06 0.15 Mar 0.19 0.20 0.01 $0.5 Apr 0.10 0.00 -0.10 $ May 0.11 0.07 -0.04 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jun 0.05 0.09 0.04 $(0.5) Jul 0.04 0.06 0.02 Aug 0.04 0.08 0.05 FY 2022 Amended Budget (Actuals Sep 0.03 0.04 0.02 Total 7.72 7.98 0.26 $4.5 FY 2022 Variance $4.0 Amended Actuals Favorable $3.5 Budget (Unfavorable) $3.0 Oct $ 2.12 $ 2.63 $ 0.50 Nov 1.87 1.84 -0.03 $2.5 Dec 1.77 2.02 0.24 $2.0 Jan 2.37 2.50 0.13 $1.5 Feb 1.77 1.79 0.02 $1.o Mar 4.26 4.25 -0.01 Apr 2.19 2.40 0.20 $0.5 May 1.87 2.04 0.17 $_ Jun 1.86 2.04 0.18 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 2.17 2.33 0.16 Aug 1.98 2.23 0.25 FY 2022 Amended Budget -6-Actuals Sep 1.93 2.10 0.17 Total 26.17 28.16 1.99 11 Special Revenue Funds Revenues City of Corpus Christi CRIME CONTROL $0.9 FY 2022 Variance $0.8 Amended Actuals Favorable $0.7 Budget (Unfavorable) $0.6 Oct $ 0.69 $ 0.75 $ 0.05 Nov 0.61 0.61 0.00 $0.5 Dec 0.58 0.68 0.10 $0.4 Jan 0.77 0.83 0.06 $0.3 Feb 0.58 0.59 0.01 Mar 0.57 0.61 0.04 $0.2 Apr 0.72 0.79 0.07 $0.1 May 0.61 0.68 0.07 $_ 11 Jun 0.61 0.67 0.07 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.71 0.76 0.06 Aug 0.65 0.73 0.09 FY 2022 Amended Budget (Actuals Sep 0.63 0.64 0.01 Total 7.72 8.34 0.62 DEVELOPMENT $1.4 FY 2022 Variance $12 Amended Actuals Favorable Budget (Unfavorable) $1.0 Oct $ 0.65 $ 0.44 $ (0.21) $0.8 Nov 0.58 0.87 0.29 Dec 0.65 0.67 0.01 $0.6 Jan 0.63 0.94 0.31 Feb 0.64 0.56 -0.08 $0.4 Mar 0.66 1.21 0.55 $0.2 Apr 0.67 1.05 0.38 May 0.61 0.82 0.21 $_ Jun 0.67 0.89 0.22 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 0.64 0.95 0.31 Aug 0.65 0.79 0.14 FY 2022 Amended Budget Actuals Sep 0.61 0.72 0.11 Total 7.67 9.92 2.25 STREET MAINTENANCE& RESIDENTIAL STREET RECONSTRUCTION $7.0 FY 2022 Variance $6.0 Amended Actuals Favorable Budget (Unfavorable) $5.0 Oct $ 3.98 $ 3.81 $ (0.17) $4.0 Nov 3.69 3.66 -0.04 Dec 4.23 4.17 -0.06 $3.0 Jan 5.86 5.90 0.04 Feb 5.56 5.55 -0.01 $2.0 Mar 4.91 5.12 0.21 $1.0 Apr 5.21 5.40 0.19 May 4.62 4.46 -0.17 $_ Jun 5.24 4.52 -0.72 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Jul 4.28 4.33 0.05 Aug 4.23 4.52 0.30 FY 2022 Amended Budget (Actuals Sep 4.71 4.72 0.01 Total 56.51 56.15 0.36 12 FY 2022 FourthQuarter -d Budget and Finance Report Special Revenue Funds City of Corpus Christi YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2021-2022 2021-2022 2021-2022 i i i i SPECIAL REVENUE FUNDS Hotel Occupancy Tax Revenues $16,441,956 $16,441,956 $19,594,455 119.2% $15,546,710 $17,855,997 114.9% Expenditures 19,838,399 19,838,399 17,804,446 89.7% 16,686,987 14,434,515 86.5% Public, Edu &Gov Cable Revenues 630,291 630,291 508,688 80.7% 642,380 648,979 101.0% Expenditures 905,839 905,839 340,946 37.6% 784,000 219,690 28.0% State Hotel Occupancy Tax Revenues 3,663,309 3,663,309 4,159,857 113.6% 3,702,031 4,199,747 113.4% Expenditures 4,710,836 4,710,836 4,045,492 85.9% 2,943,260 1,998,199 67.9% Municipal Court-Security Revenues 83,034 83,034 168,016 202.3% 89,950 119,332 132.7% Expenditures 214,226 214,226 136,723 63.8% 154,923 73,578 47.5% Municipal Court-Tech. Revenues 90,910 90,910 146,702 161.4% 117,116 107,893 92.1% Expenditures 147,509 147,509 79,999 54.2% 225,015 273,132 121.4% Muni.Court-Juvenile Mgr. Revenues 107,546 107,546 177,771 165.3% 142,744 131,576 92.2% Expenditures 147,978 147,978 137,315 92.8% 150,341 135,890 90.4% Muni.Court-Juvenile Other Revenues 6,223 6,223 2,199 35.3% 13,634 5,333 39.1% Expenditures 17,800 17,800 4,724 26.5% 18,792 299 1.6% Muni.Court-Juvenile Jury Revenues 938 938 2,661 283.8% 2,570 2,008 78.1% Expenditures 1,728 1,728 - 0.0% - - n/a Parking Improvement Revenues 95,000 95,000 59,897 63.0% 124,000 75,430 60.8% Expenditures 600,000 600,000 - 0.0% 600,000 - 0.0% Street Revenues 38,074,984 38,074,984 38,074,039 100.0% 34,191,212 34,509,189 100.9% Expenditures 62,325,757 62,325,757 39,376,980 63.2% 59,165,524 36,875,359 62.3% Residential Street Recon. Revenues 18,435,525 18,435,525 18,077,540 98.1% 9,718,670 10,345,595 106.5% Expenditures 27,047,722 27,047,722 11,458,255 42.4% 18,442,011 5,778,416 31.3% Health 1115 Waiver Revenues - - (13,915) n/a - 2,207 n/a Expenditures 700,000 700,000 - 0.0% 1,198,335 - 0.0% Dockless Vehicles Revenues 73,500 73,500 205,564 279.7% 97,950 248,175 253.4% Expenditures 71,630 71,630 30,829 43.0% 55,000 - 0.0% Metrocom Fund Revenues 8,293,087 8,293,087 8,452,577 101.9% 6,386,419 6,500,962 101.8% Expenditures 8,462,827 8,462,827 7,180,233 84.8% 6,613,748 6,387,630 96.6% Health District 1115 Waiver Revenues 837,400 837,400 829,204 99.0% - - n/a Expenditures 837,400 837,400 210,113 25.1% n/a 13 FY 2022 FourthQuarter �1100 Budget • Finance Report Special Revenue Funds City of Corpus Christi YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2021-2022 2021-2022 2021-2022 % 2020-2021 2020-2021 % Law Enforcement Trust Fund Revenues 432,973 432,973 700,870 161.9% 386,600 575,754 148.9% Expenditures 620,000 620,000 561,741 90.6% 670,000 510,317 76.2% Reinvestment Zone No.2 Revenues 5,121,746 5,121,746 5,353,609 104.5% 4,816,772 4,519,439 93.8% Expenditures 1,755,649 1,755,649 1,751,250 99.7% 1,823,629 1,819,300 99.8% Reinvestment Zone No.3 Revenues 2,283,866 2,283,866 2,259,049 98.9% 1,930,767 2,108,589 109.2% Expenditures 2,615,994 2,615,994 1,400,331 53.5% 2,762,970 1,852,705 67.1% Reinvestment Zone No.4 Revenues 315,178 315,178 367,462 116.6% 69,586 238 0.3% Expenditures 105,105 105,105 72,072 68.6% 64,251 64,251 100.0% Reinvestment Zone No.5 Revenues 1,009 1,009 1,809 179.3% - - n/a Expenditures 31,731 31,731 31,731 100.0% - - n/a Seawall Improvement Revenues 7,891,500 7,891,500 8,474,709 107.4% 7,449,429 7,903,503 106.1% Expenditures 18,801,528 18,801,528 18,796,777 100.0% 22,252,237 22,247,237 100.0% Arena Facility Revenues 7,884,400 7,884,400 8,436,762 107.0% 7,287,887 7,890,030 108.3% Expenditures 7,566,344 7,566,344 7,110,699 94.0% 10,425,805 10,169,240 97.5% Bus.&Job Development Revenues 726 726 18,423 2537.6% 78,763 3,285 4.2% Expenditures 3,223,888 3,223,888 1,978,464 61.4% 5,256,136 2,438,663 46.4% Type B-Econ Development Revenues 6,453,673 6,453,673 6,632,981 102.8% 3,627,503 3,945,000 108.8% Expenditures 4,523,212 4,523,212 2,095,758 46.3% 6,037,466 5,070,966 84.0% Type B-Housing Revenues 500,300 500,300 500,804 100.1% 506,402 500,676 98.9% Expenditures 2,217,230 2,217,230 525,087 23.7% 1,135,814 10,446 0.9% Type B-Streets Revenues 3,439,750 3,439,750 4,098,835 119.2% 3,099,176 3,442,294 111.1% Expenditures 3,742,361 3,742,361 3,740,552 100.0% 3,062,652 3,060,520 99.9% Development Services Revenues 7,671,819 7,671,819 9,924,296 129.4% 6,095,938 7,135,208 117.0% Expenditures 14,856,735 14,856,735 8,396,060 56.5% 11,591,432 6,610,907 57.0% Visitors Facilities Revenues 11,347,891 11,347,891 11,421,560 100.6% 12,804,373 13,480,603 105.3% Expenditures 19,290,717 19,290,717 12,939,087 67.1% 20,264,413 11,652,515 57.5% Park Development Fund Revenues - - 680,722 n/a 33,476 548,871 1639.6% Expenditures 137,673 137,673 120,497 87.5% 3,222,648 2,296,267 71.3% Local Emergency Planning Committee Revenues 203,526 203,526 193,699 95.2% 219,068 206,375 94.2% Expenditures 257,006 257,006 252,382 98.2% 213,022 209,990 98.6% Crime Control Revenues 7,720,024 7,720,024 8,346,514 108.1% 6,817,421 7,854,020 115.2% Expenditures 7,946,153 7,946,153 7,553,421 95.1% 7,668,449 7,175,548 93.6% TOTAL SPECIAL REVENUE FUNDS Revenues $148,102,083 $148,102,083 $157,857,361 106.6% $125,998,546 $134,866,308 107.0% Expenditures $213,720,975 $213,720,975 $148,131,963 69.3% $203,488,861 $141,365,579 69.5% 14 FY 2022 FourthQua - d Budget and Finance Report Internal Service Funds City of Corpus Christi FY2022 FY2021 YTD YTD YTD YTD BUDGET BUDGET ACTUALS YTD BUDGET ACTUALS YTD 2021-2022 2021-2022 2021-2022 % 2020-2021 2020-2021 % INTERNAL SERVICE FUNDS Contracts& Procurement Revenues $7,099,016 $7,099,016 $5,863,449 82.6% $6,564,189 $6,782,020 103.3% Expenditures $7,347,599 $7,347,599 $5,939,879 80.8% $6,970,260 $6,970,128 100.0% Asst. Mgt. -Fleet Revenues 16,229,148 16,229,148 14,934,227 92.0% 12,290,734 12,364,608 100.6% Expenditures 20,139,506 20,139,506 17,038,195 84.6/ 23,229,477 21,951,177 94.5% Asst. Mgt. -Fleet Replacement Revenues 24,405,152 24,405,152 22,308,196 91.4% 14,582,521 16,336,943 112.0% Expenditures 25,097,172 25,097,172 10,223,242 40.7% 14,582,522 2,424,942 16.6% Asst. Mgt. -Facilities Revenues 7,864,885 7,864,885 7,892,291 100.3% 6,267,979 6,270,031 100.0% Expenditures 9,798,269 9,798,269 7,254,923 74.0% 8,404,484 5,396,108 64.2% Information Technology Revenues 17,603,089 17,603,089 17,594,383 100.0% 16,621,648 16,610,166 99.9% Expenditures 21,979,249 21,979,249 18,453,095 84.0% 19,674,451 18,949,204 96.3% Engineering Revenues 9,630,000 9,630,000 9,508,152 98.7% 8,670,552 8,407,120 97.0% Expenditures 10,198,196 10,198,196 9,219,617 90.4% 9,519,662 8,311,586 87.3% Health Benefits-Fire Revenues 8,692,276 8,692,276 8,742,501 100.6% 9,754,550 9,280,915 95.1% Expenditures 9,809,146 9,809,146 7,853,026 80.1% 12,483,016 7,846,586 62.9% Health Benefits-Police Revenues 6,988,314 6,988,314 6,797,496 97.3% 8,187,947 9,009,115 110.0% Expenditures 8,086,315 8,086,315 6,944,915 85.9% 9,361,922 6,578,117 70.3% Health Benefits-Citicare Revenues 22,116,567 22,116,567 22,962,468 103.8% 18,850,405 21,168,765 112.3% Expenditures 24,426,939 24,426,939 24,517,227 100.4% 23,968,065 22,208,407 92.7% Liability Insurance Revenues 5,347,301 5,347,301 5,321,547 99.5% 5,230,909 5,241,267 100.2% Expenditures 8,143,447 8,143,447 5,711,227 70.1% 8,085,668 5,305,136 65.6% Workmens' Comp. Revenues 2,606,681 2,606,681 2,502,532 96.0% 2,792,849 2,754,690 98.6% Expenditures 3,547,237 3,547,237 2,884,673 81.3% 3,547,237 3,248,972 91.6% Risk Management Admin Revenues 1,091,545 1,091,545 1,088,270 99.7% 1,103,893 1,102,948 99.9% Expenditures 1,251,200 1,251,200 1,204,473 96.3% 1,186,251 1,102,931 93.0% Other Employee Benefits Revenues 2,671,533 2,671,533 2,652,797 99.3% 2,411,161 2,175,799 90.2% Expenditures 2,764,958 2,764,958 2,433,657 88.0% 1,948,239 1,986,775 102.0% Health Benefits Admin Revenues 496,000 496,000 492,575 99.3% 604,700 604,056 99.9% Expenditures 596,636 596,636 483,315 81.0% 568,981 512,712 90.1% TOTAL INTERNAL SERVICE FUNDS Revenues $132,841,507 $132,841,507 $128,660,885 96.9% $113,934,037 $118,108,442 103.7% Expenditures $153,185,870 $153,185,870 $120,161,463 78.4% $143,530,234 $112,792,781 78.6% 15 FY 2022 FourthQuarter Budget and Finance Report Fund Balance Financial Policies General Fund: It is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 20%of total annual General Fund appropriations, exclusive of any one-time appropriations. Enterprise Funds: It is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of 25%of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. Internal Service Funds: It is the goal of the City Council to build and maintain an unassigned reserve in each Internal Service Fund listed below, of up to 5%, of annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies, Contracts and Procurement, Engineering Services, Fleet Maintenance, and Facilities Maintenance. Group Health Plans Funds: It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) hold a reserve for catastrophic claims equaling 10%of projected medical and prescription claims. General Liability Fund: It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. Worker's Compensation Fund: It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. Debt Service Reserve Fund: The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least 2%of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. 16 FY 2022 FourthQuarter Budget and Finance Report MEN Fund Estimated Balance @ FY 2022 FY 2022 FUND 10/01/2021* Revenues Expenditures Balance General Fund 1020 $ 103,092,930 $ 293,822,777 $ 285,493,667 $ 111,422,040 Water Fund 4010 $ 45,767,959 $ 140,366,500 $ 136,845,653 $ 49,288,806 Aquifer Storage&Recovery 4021 582,031 81,556 - $ 663,587 Backflow Prevention Fund 4022 470,686 227,159 167,052 $ 530,793 Drought Surcharge Exemption Fund 4023 11,047,584 4,515,299 517,584 $ 15,045,299 Raw Water Supply Fund 4041 17,034,422 1,702,816 89,400 $ 18,647,838 Choke Canyon Fund 4050 5,221,788 (30,719) 164,088 $ 5,026,981 Gas Fund 4130 7,988,028 47,640,096 44,099,291 $ 11,528,834 Wastewater Fund 4200 20,716,317 80,297,805 71,252,727 $ 29,761,395 Storm Water Fund 4300 8,782,038 17,945,512 15,992,137 $ 10,735,414 Airport Fund 4610 7,332,804 10,549,250 9,030,269 $ 8,851,786 Airport PFC Fund 4621 2,646,925 1,239,155 1,128,996 $ 2,757,084 Airport CFC Fund 4632 1,874,623 1,089,106 1,001,135 $ 1,962,593 Golf Center Fund 4690 8,916 579,553 26,650 $ 561,820 Golf Capital Reserve Fund 4691 144,139 192,525 229,061 $ 107,603 Marina Fund 4700 3,336,435 2,293,350 4,286,254 $ 1,343,532 Enterprise Funds $ 132,954,695 $ 308,688,964 $ 284,830,296 $ 156,813,363 Contracts&Procurement Fund 5010 $ 537,473 $ 5,863,449 $ 5,939,879 $ 461,044 Asset Management-Fleet Fund 5110 3,693,924 14,934,227 17,038,195 $ 1,589,956 Asset Management-Equipment Replac Fund 5111 13,912,001 22,308,196 10,223,242 $ 25,996,955 Asset Management-Facility Fund 5115 3,549,115 7,892,291 7,254,923 $ 4,186,483 Information Technology Fund 5210 4,000,726 17,594,383 18,453,095 $ 3,142,014 Engineering Services Fund 5310 103,389 9,508,152 9,219,617 $ 391,925 Employee Health Benefits-Fire 5608 11,884,124 8,742,501 7,853,026 $ 12,773,599 Employee Health Benefits-Police 5609 10,082,039 6,797,496 6,944,915 $ 9,934,619 Employee Health Benefits-Citicare 5610 15,791,285 22,962,468 24,517,227 $ 14,236,527 General Liability Fund 5611 10,966,968 5,321,547 5,711,227 $ 10,577,288 Workers'Compensation Fund 5612 6,888,320 2,502,532 2,884,673 $ 6,506,179 Risk Management Administration Fund 5613 286,595 1,088,270 1,204,473 $ 170,393 Other Employee Benefits Fund 5614 1,229,404 2,652,797 2,433,657 $ 1,448,544 Health Benefits Administration Fund 5618 255,091 492,575 483,315 $ 264,351 Internal Service Funds $ 83,180,454 $ 128,660,885 $ 120,161,463 $ 91,679,876 Seawall Improvement Debt Fund 1121 $ 1,426,195 $ 2,842,987 $ 2,841,744 $ 1,427,438 Arena Facility Debt Fund 1131 3,165,039 3,456,003 3,449,001 $ 3,172,041 General Obligation Debt Fund 2010 15,056,377 52,969,805 54,072,227 $ 13,953,955 Water System Debt Fund 4400 2,495,720 23,006,687 22,420,943 $ 3,081,464 Wastewater System Debt Fund 4410 3,403,669 18,322,498 18,293,008 $ 3,433,159 Gas System Debt Fund 4420 808,511 1,223,719 1,220,024 $ 812,206 Storm Water System Fund 4430 1,604,672 15,921,043 15,270,782 $ 2,254,933 Airport 2012A Debt Fund 4640 122,121 945,447 945,172 $ 122,396 Airport 2012B Debt Fund 4641 157,668 368,097 485,501 $ 40,264 Airport Debt Services Fund 4642 115,599 367,398 425,387 $ 57,610 Airport Commercial Facility Debt Fund 4643 598,234 481,867 480,340 $ 599,761 Marina Debt Fund 4701 155,817 608,717 608,614 $ 155,920 Debt Service Funds $ 29,109,622 $ 120,514,268 $ 120,512,743 $ 29,111,147 * Beginning Fund Balance is per 9-30-2021 year end audit. ** Expenditures do not include encumbrances. 17 FY 2022 FourthQuarter Budget • Finance Report MEN Fund Estimated Balance @ FY 2022 FY 2022 FUND 10/01/2021* Revenues Expenditures" Balance Hotel Occupancy Tax Fund 1030 $ 5,702,259 $ 19,594,455 $ 17,804,446 $ 7,492,268 Public,Education,and Government 1031 4,452,384 508,688 340,946 $ 4,620,126 State Hotel Occupancy Tax Fund 1032 14,021,303 4,159,857 4,045,492 $ 14,135,668 Municipal Court Security Fund 1035 176,626 168,016 136,723 $ 207,919 Municipal Court Technology Fund 1036 46,045 146,702 79,999 $ 112,747 Juvenile Case Manager Fund 1037 299,476 177,771 137,315 $ 339,932 Juvenile Case Manager Reserve Fund 1038 156,788 2,199 4,724 $ 154,263 Municipal Court Juvenile Jury Fund 1039 2,681 2,661 - $ 5,342 Parking Improvement Fund 1040 651,554 59,897 - $ 711,451 Street Maintenance Fund 1041 28,304,967 38,074,039 39,376,980 $ 27,002,027 Residential Street Reconstruction Fund 1042 19,937,441 18,077,540 11,458,255 $ 26,556,726 Health Medicaid 1115 Waiver Fund 1046 1,200,049 (13,915) - $ 1,186,134 Dockless Vehicles Fund 1047 423,266 205,564 30,829 $ 598,002 MetroCom Fund 1048 113,332 8,452,577 7,180,233 $ 1,385,676 Health District 1115 Waiver 1049 - 829,204 210,113 $ 619,091 Law Enforcement Trust Fund 1074 495,732 700,870 561,740 $ 634,862 Reinvestment Zone No. 2 Fund 1111 4,463,934 5,353,609 1,751,250 $ 8,066,293 Reinvestment Zone No. 3 Fund 1112 5,476,589 2,259,049 1,400,331 $ 6,335,307 Reinvestment Zone No.4 Fund 1114 (64,022) 367,462 72,072 $ 231,368 Reinvestment Zone No. 5 Fund 1115 - 1,809 31,731 $ (29,922) Seawall Improvement Fund 1120 28,990,324 8,474,709 18,796,777 $ 18,668,256 Arena Facility Fund 1130 11,085,900 8,436,762 7,110,699 $ 12,411,963 Business and Job Development Fund 1140 3,878,676 18,423 1,978,464 $ 1,918,635 Type B Fund-Economic Development 1146 5,512,865 6,632,981 2,095,758 $ 10,050,087 Type B Fund-Housing 1147 1,741,989 500,804 525,087 $ 1,717,706 Type B Fund-Streets 1148 426,855 4,098,835 3,740,552 $ 785,139 Development Services Fund 4670 8,385,907 9,924,296 8,396,060 $ 9,914,143 Visitor Facilities Fund 4710 10,660,901 11,421,560 12,939,087 $ 9,143,374 Park Development Fund 4720 323,102 680,722 120,497 $ 883,327 Local Emergency Planning Fund 6060 85,402 193,699 252,382 $ 26,719 Crime Control and Prevention Fund 9010 5,948,933 8,346,514 7,553,421 $ 6,742,026 Special Revenue Funds $ 162,901,258 $ 157,857,361 $ 148,131,962 $ 172,626,657 Total All-Funds $ 511,238,959 $ 1,009,544,255 $ 959,130,131 $ 561,653,083 * Beginning Fund Balance is per 9-30-2021 year end audit. ** Expenditures do not include encumbrances. 18 FY 2022 FourthQuarte — d Budget and Finance Reportmrrrr��� Fund Balance Summary General Fund -The total fund balance is expected to be $111,770,912 and after carryforward appropriations is 34.3%of annual appropriations. Enterprise Funds– Per the Financial Policies of the City a reserve of at least 25% of annual appropriations in the Water, Wastewater, Gas, Storm Water, Airport, and Marina fund is required, anything over that amount shall be designated for specific purpose(s). All of the Enterprise Funds covered by this policy are in compliance. Fund balances in excess of 25%of annual appropriations in the utility funds (Water, Wastewater, Storm Water and Gas) are transferred for the purpose of cash funding projects in the Capital Improvement Program. Any excess above the 25% reserve in the Airport fund is typically used as a grant match for Federal Aviation Administration (FAA) projects. Internal Service Funds–These funds are required to maintain a fund balance of up to 5% of annual appropriations, exclusive of any one-time appropriations. The policy applies to the Contracts and Procurement, IT, Fleet Maintenance, Facility Maintenance and Engineering Funds. Fleet Maintenance and Facility Maintenance have fund balances in excess of policy requirements. These fund balances will be brought down in the FY 2024 budget. Debt Service Funds-All Debt service funds are in compliance with the reserve policy. Special Revenue Funds–Special Revenue Funds are, by definition, legally restricted to expenditures for specific purposes. All Special Revenue Funds except Reinvestment Zone#5 have positive, adequate fund balances. Reinvestment Zone#5 is expected to be in a positve financial condition in the next 2 to 3 years when development in the area begins. 19 Economic Indicators City of Corpus Christi Annual Household Indicators 2021 2020 2019 Median Income (1) $ 69,300 $ 66,500 $ 63,100 2022 2021 2020 Housing Affordability Index (1) 1.22 1.4 1.49 The index is the ratio of median family income to the required income to qualify for a purchase mortgage loan (5% down/25%of income) at the current interest rate. A ratio of 1.00 means the median family income is exactly equal to the required income to purchase the median-priced home in the area. Workforce/Household Indicators September 2022 September 2021 September 2020 Unemployment Rate (3) 5.0% 6.5% 9.1% Not Seasonally Adjusted September 2022 September 2021 September 2020 Total Employment (3) 191,199 188,420 183,350 Not Seasonally Adjusted August 2022 August 2021 August 2020 Consumer Price Index (2) 264.1 241.1 229.0 Base Year 1982-1984= 100 Residential Real Estate Indicators 2022 2021 2020 Average Home Sales Price (1) $ 307,576 $ 272,045 $ 253,842 July-September July-September July-September Number of Home Sales (1) 1080 1287 1321 July-September July-September July-September Home Sales (1) $ 332,319,878 $ 350,211,507 $ 335,086,237 Dollar volume July-September July-September July-September Economic Forecast • • 2022 2021 2020 Building Permit Activity (4) July-September July-September July-September New Residential *(Size/Cost) 626,525 Sq Ft 934,492 Sq Ft 708,190 Sq Ft New Residential (Permits) 257 409 284 *Effective 6.11.19,The City of Corpus Christi may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building permit. New Commercial (Project Cost) $ 92,659,737 $ 14,991,877 $ 47,764,101 New Commercial (Permits) 38 14 45 SOURCE: (1) Texas A&M University- Real Estate Center (2) US Bureau of Labor Statistics (3) Texas Workforce Commission (4) City of Corpus Christi 20 It 11 CAPITAL IMPROVEMENT PROJECTS 4th Quarter Period Ending September 30, 2022 Capital Improvement Program Office of Management & Budget o�Qus C 4 J e5 21 U50 �NCQRPORAIt� 1852 22 Highlighted Projects for 4th Quarter of FY 2021 - 2022 SOUTH PADRE ISLAND DR __ �,� r��°`Ya♦" Ky�� �I'��_� '{ 6� 1�` �+' CNS J ' {:- f Y ; "GRAHAM RD ART CENTFR D � DON PATRICIO RD. �' DIVISION RD •' PURDUE RD. JI� if i 1' y 445 u ` Projects Under Construction: COUNCIL BOND/ Construction PROJECT DISTRICT BUDGET Funding Source End Art Center Repairs&Improvements Dist. 1 $2,268,872 Type A/B Sales TaxApril 2023 Fund The project proposes improvements to needed repairs, renovations,and upgrades to exterior windowsills,doorsills,wall cracks, roof damage, cladding,and various repairs to areas of the existing building facade. Waldron Road—South Padre Island Drive to Purdue Road Dist.4 $2,290,539 Bond 2020 August 2023 The project scope includes replacement of severely worn and damaged concrete panels,driveways,curb and gutter sections, new pavement markings,signage,and utility improvements to stormwater,wastewater,water,and gas. Projects In Design: 0 COUNCIL BOND/ Construction PROJECT DISTRICT BUDGET Funding Source Start Peoples Street Boardwalk Dist. 1 $ 439,065 Seawall Fund May 2023 The project design includes demolishing the existing piers and replacing with new piers, a new boardwalk and finger piers, incorporating upgraded electrical and water utilities. Broadway Wastewater Treatment Plant Third Clarifier Dist. 1 $ 845,575 Wastewater January 2024 Capital Fund This project is to design the Broadway Wastewater Treatment Plant Third Clarifier. 23 U50 �NCQRPORAIt� 1852 24 Bond Program Summary BOND PROGRAM PROGRESS Expensed&Encumbered Unencumbered 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 1 0% Bond'12 Bond'14 Bond'18 Bond'20 Total Expensed& Program To Date Encumbered Percentage Unencumbered Percentage Bond 2012 $90.1M $89.4M 99.2% $0.7M 0.8% The Bond 2012 Program included eight propositions:Proposition 1(Street Improvements-$55,000,000),Proposition 2(City Hall Improvements-$1,750,000-Not Approved), Proposition 3(Service Center Complex Improvements-$4,750,000),Proposition 4(Parks and Recreation Improvements-$16,000,000),Proposition 5(Museum and Library Improvements-$2,340,000),Proposition 6(Public Health Improvements-$820,000),Proposition 7(Public Safety Improvements-$700,000),and Proposition 8(Economic Development Projects-$8,400,000). Bond 2014 $103.5M $99.6M 96.2% $3.9M 3.8% The Bond 2014 Program included three propositions:Proposition 1(Streets Projects-$55,000,000),Proposition 2(Street Safety,Revitalization,and Capacity Improvement Projects- $44,495,000),and Proposition 3(Sale of City Park Land-proceeds would benefit future parks projects). Bond 2018 $96.8M $62.11VI 64.2% $34.7M 35.8% The Bond 2018 Program included six propositions:Proposition A(Streets-$52,000,000),Proposition B(Additional Streets-$22,000,000),Proposition C(Parks&Recreation- $5,630,000),Proposition D(Libraries&Cultural Facilities Improvements-$3,878,000),Proposition E(Public Safety-$11,343,000),and Proposition F(Public Health-$1,149,000). Proposition A did not require an increase in the City's property tax rate.However,the other propositions each required an increase in property tax.Property taxes increased a total of about 2 cents. Bond 2020 $75.4M $15.2M 20.2% $60.2M 79.8% The Bond 2020 Program included three propositions:Proposition A(Streets-$61M),Proposition B(Parks-$12M),and Proposition C(Public Safety-$2M).This bond program did not require an increase in property tax rate. 25 U50 �NCQRPORAIt� 1852 26 2020 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed 0 3 Construction ® 17 Design 22 Pre-Design 0 ' GRAND TOTAL 42 48 % Construction Completed or In Construction Timeliness Summary 100% 0% On-Time Off Schedule 42 of 42 0 of 42 Projects Projects Overall Cash Flow Expenditures/ $15,192,333 Encumbrances: Budgeted: 27 2020 Bond Program Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 3 7 Construction 17 ...ss s..." Design 22 Pre-Design 0 GRAND TOTAL 42 Project) • • • COUNCIL PROJECT DISTRICT COMPLETED Bill Witt City Park- Pool & Facilities 5 Prop B Design Only Police Training Academy(Design) 5 Prop C June 2022 Texas State Aquarium Rescue Center 1 City Donation TOTAL COMPLETED 3 (17 • -cts) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Academy Park 1 Prop B December 2022 Brandywine Park 5 Prop B December 2022 Brighton Park 5 Prop B December 2022 Brookhill Park 1 Prop B December 2022 Capt. Falcon Park 5 Prop B December 2022 Crossgate Park 5 Prop B December 2022 Cupier Park 2 Prop B December 2022 Douden Park 4 Prop B December 2022 McNorton Park 1 Prop B December 2022 Retta Park 4 Prop B December 2022 Sam Houston Park 2 Prop B December 2022 Sherwood Park 2 Prop B December 2022 Strasbourg(Grenoble- Marseille) 5 Prop A May 2023 Temple Park 2 Prop B December 2022 Waldron (Spid to Purdue) 4 Prop A August 2023 Wildcat(FM624 to Teague) 1 Prop A June 2023 Windsor Park 4 Prop B December 2022 TOTAL UNDER CONSTRUCTION 17 28 (22 Projects) In Design: .` COUNCIL BOND CONSTRUCTION DISTRICT PROPOSITION START Airport (Morgan to Horne) 3 Prop A May 2023 Alameda (Texan Trail to Chamberlain) 2 Prop A April 2023 Beach Access Rd No 3 4 Prop A Design Only Brownlee (Staples to Morgan) 2 Prop A March 2023 Carroll Lane (Holly to Dead End) 3 Prop A February 2023 Comanche (Carancahua to Alameda) 1 Prop A March 2023 Encantada (Encantada to Nueces) 4 Prop A October 2023 Everhart(Alameda to Staples) 4 Prop A January 2023 Everhart(Staples to Mc Ardle) 2 Prop A January 2023 Fire Station No.3 (Land Acq and Design) 2 Prop C Design Only Flato (Bates to Bear) 3 Prop A March 2023 Frontier(McKinzie to Rockwood) 1 Prop A January 2023 Hearn (Callicoatte to Dead End) 1 Prop A February 2023 Jackfish (Aquarius to Park Rd 22) 4 Prop A December 2022 Lipes (Sunwood-Staples) 5 Prop A March 2023 North Beach Restroom and Parking 1 Prop B October 2022 Park Rd 22 (Compass to Park Rd22) 4 Prop A October 2023 Park Rd 22 (South Access Rd) 4 Prop A October 2023 Rodd Field (Yorktown -Adler) 5 Prop A January 2023 Trinity River(FM624 to Wood River) 1 Prop A January 2023 West Guth Park 1 Prop B January 2023 Yorktown (Rodd Field to Oso Creek) 5 Prop A Design Only TOTAL IN DESIGN 22 1Project) fit COUNCIL BOND DESIGN DISTRICT PROPOSITION START TOTAL PREDESIGN 0 GRAND TOTAL 42 29 2018 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed Q 24 Construction ® 17 Design 1910 Pre-Design 5 GRAND TOTAL 56 73 % Construction Complete or In Construction Timeliness Summary 93 % 7 % On-Time Off Schedule 52 of 56 4 of 56 Projects Projects Overall Cash Flow Expenditures/ Encumbrances: Budgeted: $96,766,609 30 2018 Bond Program Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 0 24 AOMU Construction 17 Design 10 I Pre-Design 5 GRAND TOTAL 56 (24 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION COMPLETED 21 Completed Projects Art Museum of South Texas 1 Prop D September 2022 Downtown Pedestrian Safety Improvements 1 Prop B August 2022 Police Substations- F.B and Holly 3&4 Prop E September 2022 TOTAL COMPLETED 24 (17 • -cts) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Alternative Mobility Improvements Citywide Prop A On-going Brawner Pkwy(Kostoryz Rd to Carroll Ln) 2 Prop A December 2022 Callicoatte Rd (Up River Rd to IH 37) 1 Prop A October 2022 Fire Stations All Citywide Prop E September 2022 Junior Beck Dr(Bear Ln to Dead End) 3 Prop B April 2023 Leopard St(Palm Dr to Nueces Bay Blvd) 1 Prop A December 2022 Long Meadow Dr(St Andrews Dr to Hunt Dr) 5 Prop B July 2023 Museum of Science& History 1 Prop D December 2022 Police Radio Communication System Citywide Prop E December 2022 S Staples St (Kostoryz Rd to Baldwin Blvd) 2 Prop A May 2023 Senior Centers Citywide Prop C On-going South Oso Parkway(S. Staples St to Oso Pkwy) 5 Prop B July 2023 Street Lighting Improvements Citywide Prop A On-going Swantner Dr(Texan Tr to Indiana Ave) 2 Prop A December 2022 Traffic Signal Improvements Citywide Prop A On-going TxDOT Participation/Traffic Congestion Mgmnt Citywide Prop A On-going Wooldridge Rd (Cascade Dr to Everhart Rd) 5 Prop A July 2023 TOTAL UNDER CONSTRUCTION 17 31 0 ' . - D- COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START Alameda St(Chamberlain St to Louisiana St) 2 Prop B April 2023 Calallen Dr(Red Bird Ln to Burning Tree Ln) 1 Prop A TBD Castenon St (Trojan Dr to Delgado St) 3 Prop B June 2023 Downtown Lighting Improvements 1 Prop B On-going Everhart Rd (S Padre Island Dr to McArdle Rd) 2 Prop B January 2023 Gollihar Rd (Crosstown Expwy to Greenwood) 3 Prop A December 2022 Health Dept Building 3 Prop F October 2022 JFK Causeway Access Road Improvements 1 Prop B TBD McArdle Rd (Kostoryz Rd to Carroll Ln) 3 Prop B April 2023 N. Lexington Blvd (Leopard St to Hopkins Rd) 1 Prop B January 2023 TOTAL IN DESIGN 10 Projects) ' COUNCIL BOND DESIGN PROJECT DISTRICT PROPOSITION START Beach Ave(Dead End-Gulfbreeze) 1 Prop A March 2023 Greenwood Sports Complex 3 Prop C Canceled North Beach Gulfspray Ave Ped/Bike Access 1 Prop A On-Hold North Beach Primary Access 1 Prop A On-Hold Parks Participation Projects Citywide Prop C Canceled TOTAL IN PREDESIGN 5 GRAND TOTAL 56 32 2014 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed 40 35 Construction ® 1 Design '��, 1 Pre-Design 0 GRAND TOTAL 37 97 % V. , t , Construction Complete or In Construction Timeliness Summary 97 % 3 % On-Time Off Schedule 36 of 37 1 of 37 Projects Projects Overall Cash Flow Encumbrances/ Expenditures: Budgeted: 33 2014 Bond Program Completed ■ Construction ■ Design ■ Pre-Design Status Summary By Phase Completed 35 Construction 1 Design 1 Pre-Design 0 GRAND TOTAL 37 (35 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION 35 Completed Projects TOTAL COMPLETED 35 • -cts) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END North Padre Island Beach Facility 4 Prop 2 March 2023 TOTAL UNDER CONSTRUCTION 1 ' D- COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START Harbor Bridge Replacement&Support 1 Prop 2 July 2023 TOTAL IN DESIGN 1 1Projects) TOTAL PREDESIGN 0 GRAND TOTAL 37 34 2012 Bond Program PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed Q 57 Construction ® 2 Design 190 Pre-Design ® 0 GRAND TOTAL 59 hi 100% • Construction Complete or In Construction Timeliness Summary 98 % 2 % On-Time Off Schedule 57 of 59 2 of 59 Projects Projects Overall Cash Flow Expenditures/ Encumbrances: Budgeted: $90,113,672 35 2012 Bond Program Status Summary By Phase Completed Construction ■ Design ■ Pre-Design Completed 0 57 3%AOMU � Construction 2 \ Design 0 Pre-Design 0 GRAND TOTAL 59 (57 • -cts) Completed COUNCIL BOND PROJECT DISTRICT PROPOSITION 57 Completed Projects TOTAL COMPLETED 57 (2 Project) Under Construction: COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION END Developer Participation Citywide Prop 8 On-going Leopard St. (Palm Dr.to Crosstown) 1 Prop 1 March 2024 TOTAL UNDER CONSTRUCTION 2 1 • - D- COUNCIL BOND CONSTRUCTION PROJECT DISTRICT PROPOSITION START TOTAL IN DESIGN 0 1 • Pre-Design: COUNCIL BOND PROJECT DISTRICT PROPOSITION TOTAL PREDESIGN 0 GRAND TOTAL 59 36 Airport PERFORMANCE MEASURES Project Status By Phase Completed Construction Design Pre-Design Status Summary Completed 5 • Construction 0 Design 9 3 Pre-Design s 1 GRAND TOTAL 9 56 % Construction Complete or In-Construction x..kk...t. Overall Cash Flow EXPENDITURES/ ENCUMBRANCES: BUDGETED: 37 Airport Status Summary By Phase Completed ■ Pre-Design ■ Design Construction Completed 0 5 Construction 0 Design 3 Pre-Design 1 GRAND TOTAL 9 • -cts) Completed COUNCIL PROJECT DISTRICT 5 Completed Projects 3 TOTAL COMPLETED 5 1 • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END TOTAL UNDER CONSTRUCTION 0 Projects) COUNCIL CONSTRUCTION PROJECT DISTRICT START Terminal Building Assessment/Rehabilitation 3 December 2022 Rehab Terminal Bldg- Restrooms/SARA/Nursing 3 December 2022 Rehabiliate Runway 8-36 and Associated Taxiways 3 December 2022 TOTAL IN DESIGN 3 ' • Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START Public Cell Phone Lot 3 TBD TOTAL PREDESIGN 1 GRAND TOTAL 9 38 Parks & Recreation PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed ® 4 Construction ® 8 Design 7 Pre-Design 4 GRAND TOTAL 23 52 % Construction Complete or In-Construction ,r i 1 I w-� ' 1. ..... ��r..:.. ; .. .... r, WEST GLffH PARK l 97Q0 UP RIVEK ROAV Overall Cash Flow EXPENDITURES/ ENCUMBRANCES: BUDGETED: $45,601,915 39 Parks & Recreation Status Summary By Phase Completed Pre-Design ■Design Construction Completed Q 4 Construction ® 8 Design ® 7 Pre-Design 4 GRAND TOTAL 23 ' •jects) Completed COUNCIL PROJECT DISTRICT 2 Projects Completed Texas State Aquarium Rescue Center 1 Bill Witt City Park-Pool&Facilities(Design) 5 TOTAL COMPLETED 4 Projects) • • • COUNCIL CONSTRUCTION PROJECT DISTRICT END Packery Channel Restoration 4 April 2023 Recreation Centers-Citywide Citywide On-going Senior Centers-Citywide Citywide On-going North Padre Island Beach Facility 4 March 2023 District 1 Parks Bond 2020-(McNorton, Brookhill,Academy) 1 December 2022 District 2 Parks Bond 2020-(Cupier,Sherwood,S.Houston,Temple) 2 December 2022 District 4 Parks Bond 2020-(Windsor, Retta, Douden) 4 December 2022 District 5 Parks Bond 2020-(Crossgate,Brighton, Brandywine,Capt.Falcon) 5 December 2022 TOTAL UNDER CONSTRUCTION 8 ' • 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START District 3 Parks Bond 2020-(Salinas Park) 1 January 2023 Harbor Bridge Mitigation&Support Projects 1 July 2023 West Guth Park 1 January 2023 North Beach Restroom and Parking 1 October 2022 Peoples Boardwalk 1 May 2023 Replace Piers ABCDL and Dredging 1 TBD Gabe Lozano Golf Course 3 TBD TOTAL IN DESIGN 40 (4 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START Parks Tourist District Facility and Warehouse TBD TBD Boat HaulOut/Office/Retail Facility 1 February 2023 Coopers Boat Facility 1 February 2023 Upgrade Marina WiFi 1 TBD TOTAL PREDESIGN 4 GRAND TOTAL 23 41 Public Facilities PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed Q 5 Construction ® 9 R Design 2 Pre-Design 6 GRAND TOTAL 22 64 ° ° Construction Complete or In-Construction IN, w v p _.Z Overall Cash Flow Expenditures/ Encumbrances: Budgeted: 42 Public Facilities Status Summary By Phase Completed Construction ■ Design Pre-Design Completed 5 Construction 9 NOW Design is 2 Pre-Design s 6 GRAND TOTAL 22 • , , (5 Projects) Completed: 0 COUNCIL PROJECT DISTRICT 4 Completed Projects 1 Art Museum of South Texas - Bond 2018 1 TOTAL COMPLETED 5 ' • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END ABC-Audio Video Enhancements 1 TBD ABC- Carpet Replacement 1 TBD ABC- City Terrace and Suite Enhancements 1 TBD ABC- Concession, Production Equipment 1 TBD ABC- Energy Management Enhancements 1 TBD ABC- Kitchen Equipment 1 TBD ABC- Security Enhancements 1 TBD Library Improvements Citywide May 2023 Museum of Science and History- Bond 2018 1 November 2022 TOTAL UNDER CONSTRUCTION 9 (2 Projects) In Design: 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START Development Services Remodel and Parking 1 October 2023 Public Health Department Building Improvements 3 TBD TOTAL IN DESIGN 2 43 . Projects) in Pre-Design: 0 COUNCIL DESIGN PROJECT DISTRICT START ABC - Major Building Upgrades 1 TBD ABC - Parking Lot Improvements 1 TBD City Hall Carpet Replacement 1 TBD City Hall HVAC Upgrade and Water Treatment 1 TBD City Hall Skylight Replacement 1 TBD City Hall Window Replacement 1 TBD TOTAL PREDESIGN GRAND TOTAL 44 Public Health & Safety PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed 9 Construction ® 7 Design is5 Pre-Design 11193 GRAND TOTAL 24 66 % Construction Complete or In-Construction .y SUN M1 City of C orpus ChLisfi Overall Cash Flow EXPENDITURES/ $25,0, 6,498 ENCUMBRANCES: BUDGETED: $39,501,822 45 Public Health & Safety Status Summary By Phase Completed ■ Pre-Design ■Design Construction Completed 9 Construction 7 Design 5 Pre-Design 3 GRAND TOTAL 24 •jects) Completed COUNCIL PROJECT DISTRICT 8 Completed Projects Cefe F Valenzuela Landfill Road Improvements Nueces TOTAL COMPLETED 9 •jects) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Art Center Repairs& Improvements 1 April 2023 Art Museum Improvements 1 December 2022 C.Valenzuela Landfill Sector 2A Cell Development Nueces March 2024 Fire Stations All Citywide On-going Police Headquarters 1 March 2023 Police Radio Communication System 1 December 2022 Salt Flats Levee Improvements 1 April 2023 TOTAL UNDER CONSTRUCTION 7 (5 Projects) In Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START C.Valenzuela Gas Collection System 3C Nueces March 2023 Fire Station#3 2 February 2023 Solid Waste Compost Facility 3 TBD Solid Waste Facility Complex 3 TBD Water Garden 1 December 2022 TOTAL IN DESIGN 5 46 (3 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START _ Breakwater Renovations PH2 1 TBD Floodwall Upgrades at Science Museum 1 TBD JC Elliot Landfill Road Improvements 3 TBD TOTAL PREDESIGN 3 GRAND TOTAL 24 47 Streets PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design Pre-Design Status Summary Completed ® 14 t Construction ® 20 Design 27 Pre-Design 6 GRAND TOTAL 67 51 % Construction Complete or In-Construction ......... ZI tl II Overall Cash Flow EXPENDITURES/ ENCUMBRANCES: BUDGETED: 48 Streets Status Summary By Phase ■Completed ■Pre-Design ■Design ■Construction Completed Q 14 Construction 20 1 Design 27 Pre-Design 6 GRAND TOTAL 67 1 . COUNCIL PROJECT DISTRICT COMPLETED 13 Completed Projects Citywide Downtown Pedestrian Safety Improvements 1 August 2022 TOTAL COMPLETED 14 1 •jects) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Brawner Pkwy(Kostoryz Rd to Carroll Ln) 3 December 2022 Callicoatte Rd (Up River Rd to IH 37) 1 October 2022 Developer Participation Projects Citywide On-going Junior Beck Dr(Bear Ln to Dead End) 3 April 2023 Junior Beck Dr(DE to Old Brownsville Rd) 3 April 2023 Leopard St (Crosstown Expressway to Palm Dr) 1 March 2024 Leopard St(Palm Dr to Nueces Bay Blvd) 1 December 2022 Long Meadow Dr(St Andrew Dr to Hunt Dr) 5 July 2023 Park Road 22 Bridge 4 May 2023 Residential Streets Citywide On-going S. Staples St(Kostoryz Rd to Baldwin Blvd) 2 May 2023 South Oso Parkway(S. Staples St to S. Oso Pkwy) 4 July 2023 Strasbourg(Grenoble- Marseille) 5 May 2023 Street Preventative Maintenance Program Citywide On-going Swantner Dr(Texan Tr to Indiana Ave) 2 December 2022 TxDOT Participation/Traffic Mgmt Citywide On-going Waldron (Spid to Purdue) 4 August 2023 Wildcat(FM624 to Teague) 1 June 2023 Wooldridge Rd (Everhart Rd to Cascade Dr) 5 July 2023 TOTAL UNDER CONSTRUCTION 20 49 (27 ' COUNCIL CONSTRUCTION PROJECT DISTRICT START Airport (Morgan to Horne) 3 May 2023 Alameda (Texan Trail to Chamberlain) 2 April 2023 Alameda Street (Louisiana St.to Chamberlain St) 2 April 2023 Beach Access Rd No 3 4 Design Only Brownlee (Staples to Morgan) 2 March 2023 Calallen Dr(Red Bird Ln to Burning Tree Ln) 1 TBD Carroll (Holly to Dead End) 3 February 2023 Castenon St (Trojan Dr to Delgado St) 4 June 2023 Comanche (Carancahua to Alameda) 1 March 2023 Downtown Lighting Improvements 1 On-going Encantada (Encantada to Nueces) 4 October 2023 Everhart(Alameda to Staples) 4 January 2023 Everhart(Staples to McArdle) 2 January 2023 Everhart Road (SPID to McArdle Rd) 2 January 2023 Flato (Bates to Bear) 3 March 2023 Frontier(McKinzie to Rockwood) 1 January 2023 Gollihar Rd (Crosstown Expwy to Greenwood) 3 December 2022 Hearn (Callicoatte to Dead End) 1 February 2023 Jackfish (Aquarius to Park Rd 22) 4 December 2022 JFK Causeway Access Road Improvements 1 TBD Lipes (Sunwood-Staples) 5 March 2023 McArdle Road (Carroll Ln to Kostoryz Rd) 3 April 2023 N. Lexington Blvd (Leopard St to Hopkins Rd) 1 January 2023 Park Rd 22 (Compass to Park Rd22) 4 October 2023 Park Rd 22 (South Access Rd) 4 October 2023 Rodd Field (Yorktown -Adler) 5 January 2023 Trinity River(FM624 to Wood River) 1 January 2023 Yorktown (Rodd Field to Oso Creek) 5 Design Only TOTAL IN DESIGN 27 50 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START Alternative Mobility Improvements Citywide On-going Beach Ave (DE-Gulfbreeze to Causeway Blvd) 1 March 2023 Elizabeth St-(Santa Fe to Staples) 2 TBD North Beach Area Primary Access 1 On-Hold North Beach Gulfspray Ave Ped/Bike Access 1 On-Hold Twigg Street (Shoreline Blvd to Lower Broadway St) 1 Canceled TOTAL PREDESIGN 6 GRAND TOTAL 67 51 Gas Department PERFORMANCE MEASURES Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed 0 Construction 4 Design 19 2 Pre-Design s 1 GRAND TOTAL 7 57 % Construction Complete or In- Construction ILI— f III K r Overall Cash Flow Expenditures/ Encumbrances: Budgeted: 52 Gas Department Status Summary By Phase Completed Construction ■ Design ■ Pre-Design Completed 0 ��}} t7I Construction rr �b 4 uttrao� Design , 2 Pre-Design 1 GRAND TOTAL 7 1 • Completed: COUNCIL PROJECT DISTRICT 0 Completed Projects TOTAL COMPLETED 0 Projects) COUNCIL CONSTRUCTION PROJECT DISTRICT END Gas Line/Regulator Station Replacement Citywide On-going TxDOT Gas Line Relocation Harbor Bridge 1 On-going Cathodic Protection Upgrades Citywide On-going Gas Transmission Main-New Citywide On-going TOTAL UNDER CONSTRUCTION 4 (2 Projects) In Design: 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START Gas Department Building Upgrades 3 November 2022 Ship Channel Gas Line Relocation 1 March 2023 TOTAL IN DESIGN 2 Projects) COUNCIL DESIGN PROJECT DISTRICT START Gas Storage-Feasibility Study TBD TBD TOTAL PREDESIGN 1 GRAND TOTAL 7 53 Storm Water Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed 2 Construction ® 4 Design 2 Pre-Design • GRAND TOTAL 11 55 % Construction Complete and In-Construction a p a� .. �, � Overall Cash Flow Expenditures/ 1 $14,956,325 Encumbrances: Budgeted: 54 Storm Water Department Status Summary By Phase Completed Construction ■ Design E Pre-Design Completed v 2 Construction 4 Design 2 Pre-Design 3 GRAND TOTAL 11 • - Completed: COUNCIL PROJECT DISTRICT 2 Completed Projects 1 TOTAL COMPLETED 2 • -ct) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Bay Water Quality Improvement Citywide October 2023 Bridge Rehabilitation Citywide December 2022 Channel Ditch Improvements Citywide December 2022 Citywide Storm Water Infrastructure Rehabilitation Citywide December 2022 TOTAL UNDER CONSTRUCTION 4 Projects) 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START La Volla Creek Drainage Improvements Package A/B 3 March 2023/TBD Major Outfall Assessments & Repairs Citywide TBD TOTAL IN DESIGN 2 Projects) In Pre-Design: COUNCIL DESIGN PROJECT DISTRICT START North Beach Navigable Canal Project 1 TBD Storm Water Cre Quarters Building 3 TBD Storm Water Pipe Inspection Citywide On-hold TOTAL PREDESIGN 3 GRAND TOTAL 11 55 Water Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design ■ Pre-Design Status Summary Completed © 0 Construction ® 12 Design '� 20 ' Pre-Design ® 10 GRAND TOTAL 42 28 % ' Construction Complete or In-Construction ate•-IA L � = i n 1' Overall Cash Flow Expenditures/ 1 $72,365,896 Encumbrances: Budgeted: 56 Water Department Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 0 Construction12 , Design 20 Pre-Design 10 GRAND TOTAL 42 1 • -cts) Completed COUNCIL PROJECT DISTRICT 0 Completed Projects TOTAL COMPLETED 0 _ (12 • -cts) Under Construction: COUNCIL CONSTRUCTION PROJECT DISTRICT END Choke Canyon Dam Infrastructure Improvements N/A March 2023 Citywide Water Line Repair/Replace-Large Diameter Citywide April 2023 Citywide Water Line Repair/Replace-Small Diameter Citywide February 2023 Elevated Water Storage Tanks-Citywide 4 May 2024 Holly and Rand Morgan Elevated Storage Tanks Implementation 1,5 October 2022 Nueces River Raw Water Pump Station 1 January 2023 ONSWTP Cunningham WTP Demolition 1 February 2023 ONSWTP Filter Building Rehabilitation PH2 1 March 2023 ONSWTP Filtration Sys Hydraulic Improvements 1 November 2025 ONSWTP Sedimentation Basin Improvements Part A& B 1 TBD/June 2023 Packery Channel Water Line Improvement 4 November 2022 Port Avenue Water Line Replacement 2 January 2023 TOTAL UNDER CONSTRUCTION 12 (20 Projects) In Design: .` COUNCIL CONSTRUCTION PROJECT DISTRICT START Citywide Large Size Waterline Assessment& Repair Citywide January 2023 Leopard St/Up River Road Water Line 1 November 2023 Mary Rhodes Pipeline Cathodic Protection Upgrade N/A December 2022 Mary Rhodes Pipeline Ph.1 System Imp. N/A February 2023 Mary Rhodes Pipeline Ph.2 System Imp. N/A May 2023 57 1 • - - 0 COUNCIL CONSTRUCTION PROJECT DISTRICT START Nueces Bay Blvd/Poth Lane Waterline 1 March 2023 Nueces River Raw Water Pump St.Transmission Main 1 January 2023 ONSWTP Chlorine System Improvements 1 June 2023 ONSWTP Clearwell No. 3 1 January 2023 ONSWTP Electrical Distribution Improvements Citywide On-going ONSWTP Navigation Pump Station Improvements 1 TBD ONSWTP Raw Water Influent&Chemical Fac. Imps 1 TBD SH286 Water Line Replacement N/A November 2023 Ship Channel Water Line Relocation 1 March 2023 South Side Water Transmission Main 4,5 February 2023 TxDOT Water Line Relocation Harbor Bridge 1 On-going Water System Process Control Reliability Imp. 1 On-going Wesley Seale Dam Dewatering System Nueces January 2024 Wesley Seale Dam Instrumentation Rehabilitation Nueces October 2022 Wesley Seale Dam Spillway Gates Rehabilitation Nueces January 2024 TOTAL IN DESIGN 20 1 • - # COUNCIL DESIGN PROJECT DISTRICT START Flour Bluff 18" Line Extension 4 TBD ONSWTP Flocculation Upgrades& Baffling in Basins 1&2 1 TBD ONSWTP High Service Building No. 3 1 TBD ONSWTP Recycle Pond Improvements 1 TBD ONSWTP Security Upgrade 1 TBD ONSWTP Site Infrastructure Improvements 1 TBD Sanddollar Pump Station Improvements 4 TBD Seawater Desalination 1 TBD Utility Building 3 TBD Wesley Seale Dam Infrastructure Modernization Nueces TBD TOTAL PREDESIGN 10 GRAND TOTAL 42 58 Wastewater Department PERFORMANCE MEASURES Project Status By Phase Completed Construction ■ Design 0 Pre-Design Status Summary Completed 7 Construction 8 ' Design 19 6 Pre-Design 9 5 GRAND TOTAL 26 58 % Construction Complete and In-Construction ,. Overall Cash Flow Expenditures / Encumbrances: Budgeted: $70,055,000 59 Wastewater Status Summary By Phase Completed Construction ■ Design 0 Pre-Design Completed 7 Construction 08 X10-, Design 19 6 Pre-Design Is 5 GRAND TOTAL 26 • -cts) Completed PROJECT COUNCIL CONSTRUCTION DISTRICT COMPLETE 7 Completed Projects Citywide TOTAL COMPLETED 7 Projects) d- • • COUNCIL CONSTRUCTION PROJECT DISTRICT END Allison WWTP Lift Station Upgrade& Process Improvements 1 March 2023 Citywide Lift Station Repair Citywide On-going Citywide Wastewater IDICZ Citywide Ongoing Greenwood WWTP Electrical Improvements-UV 3 January 2023 Laguna Madre WWTP Rehabilitation 4 November 2022 Park Road 22 Lift Station and Forcemain 4 December 2022 TxDOT Wastewater Line Relocation- Harbor Bridge 1 On-going Whitecap WWTP Improvements 4 January 2024 TOTAL UNDER CONSTRUCTION 8 . • - Design: COUNCIL CONSTRUCTION PROJECT DISTRICT START Broadway WWTP Plant Rehabilitation 1 January 2023 Broadway WWTP Third Clarifier 1 January 2024 Greenwood WWTP Process Upgrades(DAF and Odor Control) 3 June 2023 Old Broadway WWTP Decommission 1 December 2022 Oso WRP Process Upgrade and BPC Fac. Decom. 4 May 2023 Williams Lift Station Force Main (Line A) 4,5 April 2023 TOTAL IN DESIGN 6 60 (5 Projects) in Pre-Design: 0 COUNCIL DESIGN PROJECT DISTRICT START Allison Basin New Lift Station&Force Main 1 TBD Citywide Collection Capacity Remediation Citywide TBD Greenwood WWTP Flood Mitigation 3 TBD Twin 36" Wastewater Line Rehabilitation 4 TBD Wastewater Treatment& L.S. SCADA Improvements Citywide TBD TOTAL PREDESIGN 5 GRAND TOTAL 26 61 U50 �NCQRPORAIt� 1852 62 Qus cy rn Y 6 �kCORPORA4 T 7852 FY 2022 Preliy minar Year End J p Budget & Financial Report 3 December 20, 2022 5 £ Presentation Overview Preliminary FY 2022 Year-End financial update since budget adoption on September 7, 2021 All figures presented today are preliminary/unaudited z FY 2022 Year End Timeline Annual Comprehensive Staff finalizes Financial Report initial year-end Completed closing March Year-End Audit Begins 2023 D - - . - 022 October 2022 3 Unaudited == Actuals Property Tax $94.1 M $93.8M $94.1 M Sales Tax $63.OM $67.4M $67.5M Solid Waste $42.8M $43.2M $43.2M Franchise Fees and Other $42.OM $41.2M $40.7M Taxes Public Safety $13.2M $15.6M $16.1 M Interfund and $11.1 M $11.1 M $11.1 M Intergovernmental Municipal Court $4.OM $5.1M $5.8m Recreation Revenues $3.7M $2.8M $2.2M Other Revenues $12.9M $14.5M $13.1M 1� Unaudited Actuals Public Safety $152.5M $149.2M $144.4M Solid Waste $33.0M $29.5M $27.9M Streets $40.4M $40.4M $39.6M General Government $28.4M $25.7M $25.3M Parks & Recreation $24.7M $22.3M $18.7M Other $15.5M $15.0M $14.1M Neighborhood Services $7.3M $6.6M $6.5M Library $5.4M $5.6M $5.3M Health $4.2M $3.9M $3.7M Carry Forward Encumbrances $OM $OM $11.4M Beginning FundBalance $1031M z MAN M N a x R a -- - CITti -AI FY 2022 Revenues $29398M g 1 General Fund FY 2022 Expenses ' . ---j Balance FY2022 Ending Fund Balance $100*OM 6 HOT Tax Revenue • = • - - - • $16.4 M FY 2022 Estimat - ,`,' $17.5 M FY 2022 Actuals $19.6 M 1 HOT Tax Expenses Convention Arts Center $1.8 M Other k $6.7M � 10% 1.2M • • - - • 37% $1.2 o 9-19--8 M 6/o $18.6 M CVB Beach $18.3 M $6.6M 2.0M • 36% 11% Water Fund Revenues :. $138o6M $135olM $140AM FY 2022 FY 2022 IFY 2022 h Budgeted Estimate n � J Expenses $149.9M $144olM $144.3M A . FY 2022 FY 2022Actu _' Budgeted EstimateEncumbrances a Wastewater Fund Revenues :. $83o2M $79o9M $803M nFY 2022 FY 2022 FY 2022 IT- Budgeted Estimate Expenses ' $81o8M $803M $7493M Aft �i FY 2022 FY 2022 rFY 2022 Actuals w/ Bud eted Estimate bra - g 9 Summary I-II.. • Net General Fund revenues over expenditures unaudited results are on schedule with projections • HOT revenues are higher than projected • Water and Wastewater revenues higher than projected • Water expenditures were on track with projected amounts • Wastewater expenditures less than projected amounts io NEXT STEPS February 2023: ➢1St Quarter Budget & Financial Report March 2023: ➢Annual Comprehensive Financial Report (AGER) finalized f' United Way of the Coastal Bend 2022 United Way of the Coastal Bend City of Corpus Christi Workplace Campaign Recap Campaign Impact • More than 180,000 people helped last year • Almost 40% of those in Nueces County • What's raised here stays here! RKI- Ow United Way of the Coastal Bend City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, December 6,2022 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 11:31 a.m. B. Invocation to be given by Father Joseph Lopez, Most Precious Blood Catholic Church. Father Joseph Lopez, Most Precious Blood Catholic Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Amaya Burks, Moody High School Student. Amaya Burks, Moody High School Student, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles 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. 22-2100 Staff Announcements Rebecca Castillo, Assistant Director of Human Resources Amy Cowley, Assistant Director of Management & Budget City Manager Peter Zanoni introduced Assistant Director of Human Resources Rebecca City of Corpus Christi Page 1 Printed on 121912022 City Council Meeting Minutes December 6,2022 Castillo and Assistant Director of Management and Budget Amy Cowley. 2. 22-2101 Introduction of Interactive Water Data Dashboard, presented by Michael Murphy, COO of Corpus Christi Water. COO of Corpus Christi Water Michael Murphy presented information on the following topics: drought contingency plan; and lake levels water restrictions dashboard. A Council Member and Mr. Murphy discussed the following topics: a Council Member's request that staff educate the public about releasing water; and about industry water use versus residential water use. 3. 22-2102 Corpus Christi-Nueces County Mobile Health Unit Partnership Overview and Flu Update presented by Dr. Fauzia Khan, Public Health Director City Manager Zanoni recognized Dr. Khan for becoming a Certified Public Manager. Public Health Director Dr. Fauzia Khan presented information on the following topics: mobile clinic update and ribbon cutting; flu vaccines; and frequently asked questions. 4. 22-2103 "Holiday by the Bay" event at the American Bank Center on Saturday, December 17 City Manager Zanoni announced the "Holiday by the Bay" event at the American Bank Center on Saturday, December 17 from 3 p.m. to 9 p.m. This event will include ice skating, food trucks and vendors, as well as a live performance by Robert Ray from 7 P.M. to 9 P.M. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Susan Lamb, 38 Virginia Hills Dr., stated that certain events held at the American Bank Center should be limited to adults only. Adam Rios, 7301 Tangled Ridge Court, advocated for a BMX park at Salinas Park. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 5 - 26) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Items 7, 9, 13 and 14 for individual consideration. A motion was made by Council Member Lerma, seconded by Council Member Hunter to approve the Consent Agenda with the exception of Items 7, 9, 13 and 14. The motion City of Corpus Christi Page 2 Printed on 121912022 City Council Meeting Minutes December 6,2022 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 5. 22-2028 Approval of the November 15, 2022 Regular Meeting Minutes and November 22, 2022 Special Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 6. 22-1792 Ordinance appropriating $322,438.40 from the unreserved fund balance in the General Fund for the purchase of OpenGov budget software and support from Vertosoft, LLC, through the Texas DIR Cooperative, in order to complete an FY 2022 budget initiative; ratifying implementation and authorizing execution of a five-year cooperative purchase agreement in the amount of$1,282,038.40, with FY 2023 funding of$322,438.40 from the General Fund; and amending the FY 2023 Operating Budget to increase expenditures by $322,438.40. (Requires 2/3 Vote) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032923 7. 22-1250 Ordinance authorizing a construction contract to SpawGlass Contractors, Inc., Corpus Christi, Texas, for CCIA Terminal Rehabilitation in an amount not to exceed $17,941,349.64; appropriating Airport Grant No. 68 for $10,708,995 in Fund 3020; appropriating Airport Grant No. 69 for$1,800,000 in fund 3020; appropriating $1,284,625.33 from unreserved fund balance and transferring to Fund 3018; amending the FY 2023 Operating and Capital Budgets. (Requires 2/3 Vote) Mayor Guajardo referred to Item 7. Council Members, Director of Aviation Kevin Smith, Deputy Director of Aviation Tyler Miller, Director of Engineering Services Jeff Edmonds, Assistant Director of Finance and Procurement Josh Chronley, and City Manager Peter Zanoni discussed the following topics: in response to a Council Member's concern about only having one bidder, staff stated that there are staffing and supply chain issues among firms; this project bid was within budget; staff is not going out for a re-bid on this project because of the time constraint for the grant; this project is being funded out of the Airport fund balance; and enterprise funds are comprised of taxpayer dollars. Mayor Guajardo opened public comment. There were no comments from the public. City of Corpus Christi Page 3 Printed on 12/912022 City Council Meeting Minutes December 6,2022 Mayor Guajardo closed public comment. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Barrera Abstained: 0 Enactment No: 032924 Consent- Contracts and Procurement 8. 22-1886 Motion authorizing the purchase of two replacement Velocity aerial ladder fire trucks from Siddons Martin Emergency Group, LLC., of Denton, Texas, through the BuyBoard Cooperative, in an amount of$3,021,590.00, to be utilized by the Corpus Christi Fire Department, with FY 2023 funding from the General Fund. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-168 9. 22-1794 Motion authorizing the purchase of 50 All-in-One Desktop computers from Dell Technologies, of Round Rock, Texas for $61,750.00, through the DIR Cooperatives, to be used by patrons at City libraries, with FY 2023 funding from the General Fund. Requires 2/3 Vote) Mayor Guajardo referred to Item 9. A Council Member and Director of Information Technology Peter Collins discussed the following topic: a Council Member stated his concern about negative past experiences with All-in-One computers. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hunter made a motion to approve the motion, seconded by Council Member Lerma. This Motion was passed and approved with the following vote: City of Corpus Christi Page 4 Printed on 12/912022 City Council Meeting Minutes December 6,2022 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 Enactment No: M2022-169 10. 22-1944 Resolution authorizing the acquisition of 16 vehicles and equipment by various departments, for outright purchases for a total of$1,456,104.55, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding in the amount of$1,456,104.55. (Requires 2/3 Vote) This Resolution was passed on the consent agenda. Enactment No: 032925 Consent- Capital Projects 11. 22-1803 Motion awarding a construction contract to Jhabores Construction Company, Inc., Corpus Christi, Texas, for reconstruction of Frontier Drive from McKinzie Road to Rockwood Street with new asphalt pavement and utility improvements, located in Council District 1, in an amount of$3,920,406.00 with FY 2023 funding available from the Bond 2020 Proposition A, Storm Water, Wastewater, Water Capital Funds and Gas.(Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-170 12. 22-2049 Motion authorizing Amendment No. 1 to an existing professional services contract awarded to Risa Weinberger & Associates, Inc., of Dallas, TX at the March 30, 2021, City Council meeting, to provide conceptual design and permitting for a new Solid Waste Compost Facility at the Cefe Valenzuela Landfill, located outside City limits, in an amount of$61,561, for a total restated fee not to exceed $188,069 with FY 2023 funding available from the Solid Waste Capital Fund. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-171 General Consent Items 13. 22-1947 Motion approving the Council meeting calendar for calendar year 2023 Mayor Guajardo referred to Item 13. A Council Member and City Manager Zanoni discussed the following topics: a Council City of Corpus Christi Page 5 Printed on 12/912022 City Council Meeting Minutes December 6,2022 Member's request for budget workshops to begin in July versus August; TIRZ #2 and #4 calendars will be reevaluated; and pre-budget work sessions will be held, but the budget will not be presented until late July. Council Member Pusley made a motion to approve the motion, seconded by Council Member Smith. 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: M2022-172 14. 22-1989 Resolution authorizing a 10-year interlocal agreement, with automatic renewal every year thereafter for a term of one year each renewal, with Del Mar College to provide Fire, Emergency Medical Services, and other Public Safety related training, and joint use of Del Mar College facilities and equipment related the Corpus Christi Fire Department training. (Requires 2/3 Vote) Mayor Guajardo referred to Item 14. Fire Chief Robert Rocha presented information on the following topics: proposal; summary; highlights; background; and future costs. Del Mar College President and CEO Dr. Mark Escamilla stated that Del Mar has a great partnership with the fire and police departments. Council Members, City Manager Peter Zanoni, Fire Chief Rocha, Deputy Chief Richie Quintero, and Del Mar Paramedic Program Director Melissa Stuive discussed the following topics: this is a good news item; a Council Member's request to table the 10 year agreement until the new Fire Chief takes office; the fire department and Del Mar have been working on this project for two years; a 10 year agreement was recommended because it establishes a long term relationship with Del Mar; the contract has a termination clause with a 30 day notice; potable water is used to put out fires; Del Mar has the highest pass rates for the certifications tests in the state of Texas; and the fire department has a collective bargaining agreement in place to protect the City's investment. Mayor Guajardo opened public comment. Bryan Gulley, 14202 Playa Del Rey, requested that the fire department consider using his facility to provide Fire, Emergency Medical Services, and other related training. Mayor Guajardo closed public comment. City of Corpus Christi Page 6 Printed on 12/912022 City Council Meeting Minutes December 6,2022 Council Member Barrera made a motion to approve the resolution, seconded by Council Member Pusley. This Resolution 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: 032926 15. 22-1833 Motion authorizing a three-year extension agreement, with two one-year option periods at the City's discretion, with Friends of the Museum of Science and History, of Corpus Christi, Texas, for the management of the Museum of Science and History, for an amount not to exceed $550,000.00 per year, with a potential total amount not to exceed $2,750,000.00 if both one-year options are exercised, with funding from future Hotel Occupancy Tax Revenue. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-173 16. 22-1875 Motion authorizing the First Amendment to the Lease Agreement with Bayview Tower, LLC, for two additional years of office space used by the City's Customer Call Center, totaling $111,081.00, with FY 2023 funding of$36,662.80 from the General Fund. (Requires 2/3 Vote) This Motion was passed on the consent agenda. Enactment No: M2022-174 17. 22-2029 Resolution authorizing a Substantial Amendment to the City of Corpus Christi's FY 2021/PY 2020 Consolidated Annual Action Plan for U.S. Department of Housing and Urban Development funds reallocating $1,803,155 of Community Development Block Grant - COVID funds from Housing Opportunities Construction to Salinas Park improvements for$1,433,700 and $369,455 to Corpus Christi Hope House for mortgage, rent and utility assistance; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. This Resolution was passed on the consent agenda. Enactment No: 032927 Consent- One-Reading Ordinances 18. 22-1249 One-reading ordinance awarding a construction contract to Mako Contracting, Corpus Christi, Texas in the amount of$1,391,941.66 for Salinas Park City of Corpus Christi Page 7 Printed on 12/912022 City Council Meeting Minutes December 6,2022 improvements located in Council District 3; amending the FY 2023 Capital Budget; with funding available from the Community Development Block Grant COVID (CDBG-CV). (Requires 2/3 Vote) This Ordinance was passed on emergency on the consent agenda. Enactment No: 032928 Consent-First Reading Ordinances 19. 22-1955 Ordinance authorizing the acceptance of a grant in an amount of$281,193.79 from the State of Texas, Criminal Justice Division for the Victims of Crime Act Grant with an in-kind match of$18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $281,193.79 in the Police Grants Fund; and authorizing five full-time positions. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 20. 22-1956 Ordinance authorizing acceptance of a grant in an amount of$47,393.76 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$13,351.61 and in-kind match of$6,960.00; and appropriating $60,745.37 in the Police Grants Fund; and authorizing one full-time civilian position for a Victim Case Manager. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 21. 22-1958 Ordinance authorizing acceptance of a grant in an amount of$45,776.00 from the State of Texas, Criminal Justice Grant Program for the Edward Byrne Memorial Justice Assistance Grant for the purchase of six additional in-car video systems for the Corpus Christi Police Department; and appropriating $45,776.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 22. 22-1959 Ordinance authorizing acceptance of a grant in an amount of$150,000.00 from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a 3D laser scanner for the Corpus Christi Police Department's Forensic Services Division; and appropriating $150,000.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 23. 22-1810 Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of$10,000.00 for the Corpus Christi Police Department Crime Reduction Unit to purchase supplies used to promote and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating $10,000.00 in the Police Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. City of Corpus Christi Page 8 Printed on 12/912022 City Council Meeting Minutes December 6,2022 24. 22-1960 Ordinance authorizing the acceptance of a grant in the amount of$415,806.00 from the Assistance to Firefighters Grant Program, for incident command training, water rescue training, and purchasing personal protective equipment for the Corpus Christi Fire Department's technical rescue program, with a City cash match of$37,800.55; and appropriating $415,806.00 in the Fire Grants Fund. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 25. 22-1800 Ordinance authorizing acceptance of a $1,000 grant from NuStar Logistics L.P. for the purchase of supplies and equipment for the Corpus Christi Fire Department's HazMat Program; and appropriating $1,000 into Fire Grant Fund. (Requires 2/3 Vote) This Ordinance was passed on first reading on the consent agenda. 26. 22-2099 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on December 6, 2022, which adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:49 p.m. Executive Session Items 35 and 36 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:04 p.m. K. PUBLIC HEARINGS: (ITEMS 27 - 29) 27. 22-1908 Public Hearing and Second Reading Ordinance amending Ordinance No. 024270, which created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ #2") on Padre Island, by extending the term to December 31, 2042; modifying the boundaries to add the portions of the Whitecap PID that are currently outside the TIRZ #2 boundary; and amending the Tax Increment Reinvestment Zone # 2 Amended Project & Financing Plans to add continuing maintenance of the Packery Channel through December 31, 2042 at a cost of$36,400,000, infrastructure improvements to R. Briscoe King Pavilion in the amount of$2,000,000, creation of a multi-mobility plan at a cost of$150,000, and infrastructure improvements related to the Whitecap PID development in the amount of $11,500,000, as recommended by the TIRZ #2 Board on October 25, 2022 and November 1, 2022. Mayor Guajardo referred to Item 27. Mayor Guajardo opened public comment. City of Corpus Christi Page 9 Printed on 12/912022 City Council Meeting Minutes December 6,2022 There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Smith. 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 28. 22-1984 Case No. 1022-02, Mc J's and Associates, LLC. (District 4): Ordinance rezoning a property at or near 14909 Granada Drive from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) Mayor Guajardo referred to Item 28. Director of Development Services Al Raymond presented information on the following topics: PUD master site plan; deviation table; zoning and land use; public notification; analysis and recommendation by planning commission and staff; and PUD conditions. Council Members and Director Raymond discussed the following topics: three additional parking spaces will be added and 14 parking spaces will be off site; and a Council Member's concern about the limited parking for the amount of units. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. 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 29. 22-2001 Case No. 1022-04 James Jones (District 2): Ordinance rezoning a property at or near 3301 South Staples Street from the "RS-6" Single-Family 6 District to the City of Corpus Christi Page 10 Printed on 12/912022 City Council Meeting Minutes December 6,2022 "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (Requires 2/3 Vote) Mayor Guajardo referred to Item 29. Director of Development Services Al Raymond presented information on the following topics: zoning and land use; subject property background; public notification; and planning commission and staff analysis and recommendation. Council Members and Director Raymond discussed the following topic: the Unified Development Code allows a dental office as a home occupation. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 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 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 30) 30. 22-2107 Resolution Adopting the City of Corpus Christi's State Legislative Agenda for the 88th Texas Legislature. Mayor Guajardo referred to Item 30. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: general legislative policy; Focused Advocacy Team; the path ahead; state legislative priorities; and key dates. Council Members, Director Embrey and General Counsel and Partner with Focused Advocacy Snapper Carr discussed the following topics: cities have always opposed revenue caps and appraisal caps; a Council Member is highly opposed to any legislation that gives cities more ability to tax; a Council Member is disappointed that his proposed language regarding procurement of professional services was not included, and that he was not briefed on endorsements; a Council Member's request to add specific language that does not advocate for the Medicare program; the Council is advocating for economic City of Corpus Christi Page 11 Printed on 12/912022 City Council Meeting Minutes December 6,2022 development for all businesses; the City is not pursuing anything legislative; and the City needs to work with the Port because they have a special exemption. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Barrera. 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 Molina, Council Member Pusley and Council Member Smith Nay: 2- Council Member Hernandez and Council Member Martinez Abstained: 0 Enactment No: 032930 M. BRIEFINGS: (ITEMS 31 - 34) 31. 22-2035 Council Update from Port Commissioner Appointees at approximately 1:00 PM. Mayor Guajardo referred to Item 31. Port of Corpus Christi Commissioners Gabe Guerra, Rajan Ahuja and David Engel presented information on the following topics: The Energy Port of the Americas; our accomplishments; strengthening our communities; economic impact: tax revenue; $65 billion capital investments; crude oil export numbers; State of the Port: celebrating 100 years together; State of the Port: Infrastructure milestones; a commitment to the environment; Texas Ports Association Omnibus Bill 88th Legislative Session; executive summary; Water Resources Development Act of 2022; strategic plan 2026: outlined goals; and strategic plan 2026: process and timeline. Council Members and Port Commissioners Guerra, Ahuja and Engel discussed the following topics: the Port needs Port funds for Port related projects; $80 million is going towards new industry moving into this area that needs proximity to the Port; the majority of the Port's revenues are based on product ingress and egress coming out of the Port; the Port has a 25% increase in lobbyist budget; the Port does not have a legislative agenda but has adopted the Texas Port Association's agenda; did the Port submit any legislation to Texas Legislature; the role of the Port is to support industry; one reason why the Port's lobbyist budget was increased to lobby for federal hydrogen dollars; will the Port of Corpus Christi advocate for Texas Ports Association bill; the Port will keep the Council updated regarding legislation they support; and the purpose of the Israel trip was to look at desalination for the State of Texas. 32. 22-2022 Westside Area Development Plan Briefing Mayor Guajardo referred to Item 32. Planning Manager/Project Manager Annika Yankee presented information on the following topics: agenda; area development plans; westside planning district; demographic highlights; timeline of events and activities; engagement summary; first City of Corpus Christi Page 12 Printed on 12/912022 City Council Meeting Minutes December 6,2022 open house summary; first online survey summary; project webpage guest book; what is the future land use planning; future land use map (p. 17); vision themes and policy initiatives; how the plan is set up; vision them changes (p. 20); vision themes (p. 22); vision themes (p. 24); policy initiatives and action items; public investment initiatives; recommendation; and next steps. Council Members, Planning Manager/Project Manager Yankee, and Planning Director Dan McGinn discussed the following topics: the community's desire to add more police substations near elementary schools; a Council Member's request to add a police substation to the westside residential area; additional field lighting is needed at Salinas Park; and the importance of flyer distribution and surveys for public outreach. Rolando Garza, Westside area resident, spoke regarding economic development, streets, and public safety. 33. 22-1965 Briefing, presentation, and project update on the Citywide Pavement Condition Assessment and ROW Asset Inventory Survey project currently underway by the Public Works Department. Mayor Guajardo referred to Item 33. Director of Public Works Ernesto De La Garza presented information on the following topics: roadway asset collection van; continuous linear survey versus traditional sample survey; pilot field review; city mileage; pavement condition results; pavement condition results by district; pavement maintenance; impacts to the IMP; and take aways. Council Members, Director De La Garza, and City Manager Zanoni discussed the following topics: staff recommends spending more money on streets in districts 1, 2 and 3; not all local roads are considered residential; a Council Member suggests fixing the worst streets no matter the district; alleyways were not rated; budget work sessions will be held with Council in 2023; and a retreat will be held in March to discuss goals and priorities. 34. 22-2018 Briefing to City Council on operational updates from the Art Center of Corpus Christi. Mayor Guajardo referred to Item 34. Executive Director of Art Center of Corpus Christi Dianna Bluntzer presented information on the following topics: 2022 budget versus actual; adult education programs; youth education; education; hosted exhibits; community group exhibits; local artists solo exhibits; 2022 exhibits gross income; collaborations event; city planned repairs; economic impacts; and a creative place for the next generation. There were no questions from the Council. N. EXECUTIVE SESSION: (ITEMS 35 -36) City of Corpus Christi Page 13 Printed on 12/912022 City Council Meeting Minutes December 6,2022 Mayor Guajardo referred to Executive Session Items 35 and 36. The Council went into Executive Session at 2:49 p.m. The Council returned from Executive Session at 4:04 p.m. 35. 22-2052 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the purchase, exchange, lease, or value of real property rights for desalination and water treatment, transmission, and storage facilities, including areas at or near the (1) the Inner Harbor Ship Channel Seawater Desalination Site at or in the vicinity of Nueces Bay Blvd, Summers St., Palm Dr., John St., and Broadway Street, Nueces Bay Heights Subdivision, Sunset Place Subdivision, and the Industrial Canal and (2) the La Quinta Channel Seawater Desalination Site involving various properties between Highway 361 and the La Quinta Ship Channel and areas in and adjacent to said locations, (3) other water rights and contracts for the purchase of water including, but not limited to, water related permits on or near the Colorado River, Waldron Road, Laguna Madre, Oso Bay, and/or the Mary Rhodes Pipeline (4) applications for water rights permits, discharge permits, and other permits from the Texas Commission of Environmental Quality and/or the U.S. Army Corps of Engineers and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property (water) rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. 36. 22-2059 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 City Secretary and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (City Secretary). This E-Session item was passed after executive session. The following motion was considered: Motion approving a 4% COLA increase on top of the base salary of$125,000 for the City Secretary effective immediately. Council Member Hunter 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 City of Corpus Christi Page 14 Printed on 12/912022 City Council Meeting Minutes December 6,2022 Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2022-175 O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:40 p.m. City of Corpus Christi Page 15 Printed on 12/912022 so �o oPH� � v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting on December 6, 2022 µCOR PORPIg4 1852 Second Reading Ordinance for the City Council Meeting on December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 361-886-2603 Accepting and appropriating the Victims of Crime Act Grant (VOCA) within the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant in an amount of$281,193.79 from the State of Texas, Criminal Justice Division for the Victims of Crime Act Grant with an in-kind match of $18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $281,193.79 in the Police Grants Fund; and authorizing five full-time positions. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, to continue the Victims Assistance Program within the Corpus Christi Police Department. The Victim Assistance Program provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The Victims of Crime Act (VOCA) Grant provides support for the Corpus Christ Police Department's (CCPD) Victim Assistance Program. The Program provides assistance to victims and family members who have experienced direct victimization. The goal of the Program is to lessen the short- and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salaries and benefits for four Victim Case Managers, one receptionist, equipment, supplies, and training travel. The four case managers provide services to victims including information and referral, criminal justice support and case information, and assistance with filing for benefits available through the Crime Victims' Compensation which is under the Texas Crime Victims Compensation Act. Overall, the work of the case manager work includes informing victims of their rights as victims, advocating on victims' behalf with other agencies and within the criminal justice system, and providing program participants transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization and to help victims understand and participate in the criminal justice system. The Program also works to provide victims of crime with a measure of safety and security. The case managers work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State of Texas provides $225,521.03 for the salaries and benefits of four Victim Case Managers and one receptionist, and $11,097.76 in office supplies, postage, and cellular phones, and $44,575.00 in training travel. Volunteer hours contribute $18,080.00 as the in-kind contribution. The volunteer hours will be carried out by Texas A&M University — Corpus Christi (TAMUCC) students. This program provides the TAMUCC students with qualifying internship hours. The funding is not on a declining percentage or ending funding cycle. The grant period will be October 1, 2022, through September 30, 2023. The City has received this grant for the past 23 years. However, this year, the State of Texas has combined this VOCA grant with the VOCA Outreach grant to bringing the grants together under the same funding source. Last year the City was awarded $161,606.73 for this VOCA grant and $119,587.06 for the VOCA Outreach grant, which totals the amount being received this year of $281.193.79. ALTERNATIVES: The alternative is not to accept the grant and discontinue the Victim Assistance Program, which will result in less services being provided to persons who have experienced direct victimization. FISCAL IMPACT: The fiscal impact for FY 2023 is accepting and appropriating an amount of $281,193.79 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: 842023F Mission Element: 152 Project # (CIP Only): N/A Account: 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation Amount: $281,193.79 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of grant award Ordinance authorizing acceptance of a grant in an amount of $281,193.79 from State of Texas, Criminal Justice Division for Victims of Crime Act Grant with an in-kind match of$18,080.00; appropriating $281,193.79 in the Police Grants Fund; and authorizing five full-time positions. WHEREAS, The City Council finds it in the best interest of the citizens of Corpus Christi that the Victims of Crime Act Grant be operated for the FY 2023 year and WHEREAS, City Council agrees to provide applicable matching funds for the said projects as required by the Criminal Justice Division grant application; and WHEREAS, City Council agrees that in the event of loss or misuse of the Office of the Governor Funds, City Council assures that the funds will be returned to the Office of the Governor in full. WHEREAS, City Council designates the Chief of Police 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division for Victims of Crime Act in the amount of $281 ,193.79 with an in-kind match of $18,080.00. SECTION 2. $281 ,193.79 is appropriated in the No. 1061 Police Grants Fund SECTION 3. Five FTEs are authorized. 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 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: 1522320 Award Amount: $281,193.79 Date Awarded: 11/4/2022 Grantee Cash $0.00 Match: Grant Period: 10/01/2022-09/30/2023 Grantee In Kind $18,080.00 Match: Liquidation Date: 12/29/2023 Grantee GPI: $0.00 Program Fund: VC-Coronavirus State Fiscal Recovery Fund(Victims of Total Project Cost: $299,273.79 Crime-SB 8) Grantee Name: Corpus Christi, City of Project Title: Victims of Crime Act Grant Manager: LaDonna McCray Unique Entity Identifier XETBTPKCL895 (UE1): CFDA: 21.027-Coronavirus State Fiscal Recovery Fund(Victims of Crime-SB 8) Federal Awarding U.S. Department of Treasury Agency: Federal Award 8/6/2021 Date: Federal/State Award ID 2021-CS-21027 Number: Total Federal Award/State Funds $16,507,447,524.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Criminal Justice Division(CJD) Name: Is the Award No R&D: Federal/State Through the Coronavirus State Fiscal Recovery Fund the US Treasury makes payments to States, Award territories,or Tribal governments to mitigate the fiscal effects stemming from the public health Description: emergency with respect to the Coronavirus Disease(COVID-19). se o H v AGENDA MEMORANDUM NOORPOHPI EO First Reading Ordinance for the City Council Meeting on December 6, 2022 1852 Second Reading Ordinance for the City Council Meeting on December 20, 2022 DATE: November 7, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 361-886-2603 Acceptance and appropriation of the Violence Against Women Act (VAWA) Grant for the Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of $47,393.76 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$13,351.61 and in-kind match of $6,960.00; transferring $13,351.61 from the General Fund to the Police Grants Fund; appropriating $60,745.37 in the Police Grants Fund; and authorizing one full-time civilian position for a Victim Case Manager. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA). The grant provides funds to projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The grant continues to support the Family Violence Unit by utilizing civilians and volunteers to contact family violence victims when a written report is made by an officer. The grant provides funds for one civilian victim case manager to contact female victims who often fear retaliation and violence when the offender is released following arrest. The Case Manager provides information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish a working relationship between social agencies and the Corpus Christi Police Department to provide educational opportunities to the community through speaking engagements and the distribution of literature. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs of victims. The State provides $47,393.76 for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage. The Case Manager also coordinates volunteer hours that contribute $6,960 in-kind contribution. The City contributes $13,351.61 for training, travel, supplies and miscellaneous equipment as the required match. The grant period is October 1, 2022 through September 30, 2023. The City has received this grant for the past 23 years. Last year the City received $48,724.61. ALTERNATIVES The funding for this grant allows case management for female victims of violent crimes. Without these funds the activities to support violence against women would be limited. FISCAL IMPACT: The fiscal impact in FY 2022 is the acceptance and appropriation of grant funds in an amount of $47,393.76 to the Police Grants Fund and a City match in an amount of $13,351 for cash contributions to be funded from the Police General Fund for travel and supplies. Funding Detail: Fund: 1020 — Police General Fund Organization/Activity: 60035 — Cash Contribution to Grants Mission Element: 152 Project # (CIP Only): Account: 548590 Cash contribution - grant match Amount: $13,351.61 Fund: 1061 Organization/Activity: 1061-832023F Mission Element: 152 Project # (CIP Only): Account: 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation 520120 Office Supplies Amount: $47,393.76 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance authorizing acceptance of a grant in an amount of $47,393.76 from State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of $13,351.61 and in-kind match of $6,960.00; transferring $13,351.61 from the General Fund to the Police Grants Fund; appropriating $60,745.37 in the Police Grants Fund; and authorizing one full-time civilian position for a Victim Case Manager. WHEREAS, The City Council finds it in the best interest of the citizens of Corpus Christi that the Violence Against Women Program be operated for the FY 2023 year and WHEREAS, City Council agrees to provide applicable matching funds for the said projects as required by the Criminal Justice Division grant application; and WHEREAS, City Council agrees that in the event of loss or misuse of the Office of the Governor Funds, City Council assures that the funds will be returned to the Office of the Governor in full. WHEREAS, City Council designates the Chief of Police 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. 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 from the State of Texas, Criminal Justice Division in the amount of$47,393.76 to continue the Violence Against Women Act (VAWA) grant within the Police Department with a cash match of $13,351 .61 and an in-kind match of $6,960.00. SECTION 2. That the $47,393.76 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of$13,351 .61 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated. SECTION 4. That one FTE is authorized for a Victims Case Manager That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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, Subehapter 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-Spccific Requirement(s),if any,cited below: Grant Number: 1517124 Award Amount: $47,393.76 Date Awarded: 11/4/2022 Grantee Cash Match: $13,351.61 Grant Period: 10/01/2022-09/30/2023 Grantee In Kind Match: $6,960.00 Liquidation Date: 12/29/2023 Grantee GPI: $0.00 Program Fund: WF-Violence Against Women Formula Grants Total Project Cost: $67,705.37 Grantee Name: Corpus Christi,City of Project Title: Victim Assistance Program Grant Manager: Madison Ballard Unique Entity Identifier XETBTPKCL895 (UEI): CFDA: 16.588-Violence Against Women Formula Grants Federal Awarding U.S. Department of Justice,Office on Violence Against Women Agency: Federal 9/13/2022 Award Date: Federal/State Award ID 15JOVW-22-GG-00453-STOP Number: Total Federal Award/State $99987,238.00 Funds Appropriated: Pass Thru Texas Office of the Governor—Criminal Justice Division(CJD) Entity Name: Is the Award No R&D: The STOP Program continues to encourage the development and implementation of effective,victim Federal/State centered law enforcement,prosecution, and court strategies to address violent crimes against women and the Award development and enhancement of victim services in cases involving violent crimes against women. It Description: envisions a partnership among law enforcement,prosecution, courts,and victim services organizations to enhance victim safety and hold offenders accountable for their crimes against women. ctno"') PH AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 6, 2022 Second Reading Ordinance for the City Council Meeting of December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and appropriation of the Edward Byrne Memorial Justice Assistance Grant for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of$45,776.00 from the State of Texas, Criminal Justice Grant Program for the Edward Byrne Memorial Justice Assistance Grant for the purchase of six additional in-car video systems for the Corpus Christi Police Department; and appropriating $45,776.00 in the Police Grants Fund. SUMMARY: Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division for the Criminal Justice Grant Program for projects that promote public safety, reduce crime, and improve the criminal justice system. The grant funds will be used to purchase six additional in-car video systems for the Corpus Christi Police Department. BACKGROUND AND FINDINGS: Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. In-car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. The Corpus Christi Police Department (CCPD)will purchase six additional in-car camera systems with these grant funds in order to expand its current inventory. This is in an effort to ensure that an in-car camera is in every enforcement unit. The six additional in-car camera systems will be placed in CCPD police vehicles that CCPD ordered in FY 2022. These vehicles were expected to be delivered throughout calendar years 2022 and 2023; however, all six of the additional enforcement units have already been received by the City. The cameras will be installed into the new police vehicles by the City's vendor, C&S Plating, as they are built-out for deployment into the field. Currently, CCPD has 148 in-car camera systems. After the addition of the six new in- car camera systems, CCPD will have a total of 154 in-car camera systems. CCPD's goal is to equip 185 in-car camera systems, fully inventorying CCPD's fleet of enforcement units. This will be accomplished by applying for and receiving grants in the future as well as by continually building the purchases into annual budgets. The City has not received this grant since 2017. In 2017, the City received $11,241. The project period is from October 1, 2022 through September 30, 2023. ALTERNATIVES: The alternative is not to accept the funds and not have fewer in-car camera systems to equip police vehicles. However, in car camera systems have proven to be effective in capturing video that is relevant to successful prosecutions, clearing or substantiating complaints, and documenting events that could create a liable action for or against a municipality or county agency. FINANCIAL IMPACT: There is no financial impact at this time. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund — 820838F Mission Element: 151 Project # N/A 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 authorizing acceptance of a grant in an amount of $45,776.00 from the State of Texas, Criminal Justice Grant Program for the Edward Byrne Memorial Justice Assistance Grant for the purchase of 6 additional in-car video systems for the Corpus Christi Police Department; and appropriating $45,776.00 in the Police Grants Fund. WHEREAS, The City Council finds it in the best interest of the citizens of Corpus Christi that the Edward Byrne Memorial Justice Assistance Grant be operated for the FY 2023 year and WHEREAS, City Council agrees to provide applicable matching funds for the said projects as required by the Criminal Justice Division grant application; and WHEREAS, City Council agrees that in the event of loss or misuse of the Office of the Governor Funds, City Council assures that the funds will be returned to the Office of the Governor in full. WHEREAS, City Council designates the Chief of Police 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. 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 Grant Program, in the amount of $45,776.00 for FY2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. $45,776.00 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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 I, 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: 4487501 Award Amount: $45,776.00 Date Awarded: 11/4/2022 Grantee Cash $0.00 Match.: 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: DJ-Edward Byrne Memorial Justice Assistance Grant Total Project Cost: $45,776.00 Program Grantee Name: Corpus Christi,City of Project Title: In Car Video Systems Grant Manager: Sylvia Garcia Unique Entity Identifier XFTBTPKCL895 (UEI): CFDA: 16.738-Edward Byrne Memorial Justice Assistance Grant Program Federal Awarding Agency: U.S. Department of Justice, Office of Justice Programs,Bureau of Justice Assistance Federal Award Date: 9/22/2021 Federal/State Award ID Number: 15PBJA-2I-GG-00289-JAGX Total Federal Award/State Funds $14,531,729.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: The purpose of this program is to reduce crime and improve the criminal justicc system. so �o o� A H AGENDA MEMORANDUM µoRPORP�g4 First Reading Ordinance for the City Council Meeting of December 6, 2022 1852 Second Reading Ordinance for the City Council Meeting of December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and appropriation of the Paul Coverdell Forensic Sciences Improvement Grant for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of $150,000.00 from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a 3D laser scanner for the Corpus Christi Police Department's Forensic Services Division; and appropriating $150,000.00 in the Police Grants Fund. SUMMARY: Federal funding has been awarded through the Office of the Governor, Public Safety Office, Criminal Justice Division from the U.S. Department of Justice, National Institute of Justice Paul Coverdell Forensic Sciences Improvement Grant Program. The grants funds will be used for the purchase of a 3D laser scanner for the Corpus Christ Police Department's Forensic Services Division. BACKGROUND AND FINDINGS: The Coverdell Grant will support the purchase of a 3D laser scanner for the documentation and capture of crime scenes, particularly homicides and officer-involved shootings. The 3D laser scanner will be purchased in January 2023 and assigned to the Corpus Christi Police Department's (CCPD) Forensic Services Division once it is received. The 3D laser scanner works by recording millions of points of data to create a three-dimensional point cloud that is a digital reconstruction of a crime scene. It provides unprecedented levels of detail and precision versus traditional methods of documentation and measurement. It also greatly reduces the amount of time and manpower needed to thoroughly document crime scenes. From initial documentation to the preparation of final diagrams, a typical crime scene can take dozens of hours, both at the scene itself and afterwards. Currently, crime scenes are mapped by CCPD by compiling measurements and creating sketches, either by hand or by using antiquated software. The use of a 3D laser scanner will reduce the time to map out a crime scene by up to 80 percent or more. Furthermore, data acquired with this device can be integrated with information captured by drone-based 3D mapping in order to provide a completely digital workflow for documenting both indoor and outdoor crime scenes. CCPD has received a drone-based 3D mapping system. Currently, the system is being tested and validated by CCPD. Overall, this modern technology will greatly enhance CCPD's ability to conduct thorough, accurate, and timely crime scene analysis. It also will aid investigators, judges, attorneys, and juries in understanding the scene to a much greater degree by allowing for examination from literally all angles, as well as 3D "flythroughs." This puts the viewer virtually inside the crime scene. Such detail is increasingly expected in the courtroom setting. The combined approach of laser scanning with drone photogrammetry will advance CCPD's capabilities by several decades by bringing CCPD into the modern era of crime scene investigation and forensic analysis. The equipment will be the first of its kind owned by CCPD. The 3D laser scanner also will be made available for calls for assistance from other area agencies. If this occurs, technicians from CCPD's Forensics Unit will take the scanner to the requested location and operate it themselves. This is the fourth year that the City has received this grant. In 2022, the City received $233,030 for this grant. The project period for this grant is October 1, 2022 to September 30, 2023. ALTERNATIVES: The alternative is not to accept the grant and continue with current manual operations. However, this will leave CCPD decades behind in crime scene mapping technology. FINANCIAL IMPACT: The financial impact for FY 2023 is the appropriation of$150,000.00 into the Police Grants Fund. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund — Mission Element: 152 Project # (CIP Only): N/A Account: 520090— Minor Tools & Equipment Amount $150,000.000 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Award letter Ordinance authorizing acceptance of a grant in an amount of $150,000.00 from State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Improvement Grant for the purchase of a 3D scanner for the Forensic Services Division; and appropriating $150,000.00 in the Police Grants Fund. WHEREAS, The City Council finds it in the best interest of the citizens of Corpus Christi that the Paul Coverdell Forensic Sciences Improvement Grant operated for the FY 2023 year and WHEREAS, City Council agrees to provide applicable matching funds for the said projects as required by the Criminal Justice Division grant application; and WHEREAS, City Council agrees that in the event of loss or misuse of the Office of the Governor Funds, City Council assures that the funds will be returned to the Office of the Governor in full. WHEREAS, City Council designates the Chief of Police 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Program in the amount of $150,000.00. SECTION 2. That $150,000.00 is appropriated from the State of Texas, Criminal Justice Division for the Paul Coverdell Forensic Sciences Program in the No. 1061 Police Grants Fund. SECTION 3. There is no City cash match or in-kind services for acceptance of the grant SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Office of the Governor, Criminal Justice Division in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 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: 4433401 Award Amount: $150,000.00 Date Awarded: 11/8/2022 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: CAD-Coverdell Nat'l Forensic Sciences Improve Total Project Cost: $150,000.00 Grantee Name: Corpus Christi,City of Project Title: Paul Coverdell Forensic Sciences Grant Manager: Madeline De Amaral Unique Entity Identifier XETBTPKCL895 (UEI): CFDA: 16.742-Coverdell Nat'l Forensic Sciences Improve Act Federal Awarding U.S.Department of Justice, Office of Justice Programs,National Institute of Justice Agency: Federal Award Date: 9/28/2022 Federal/State Award ID 15PBJA-22-GG-02029-COVE Number: Total Federal Award/State Funds $1,717,631.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division (CJD) Is the Award R&D: No Federal/State Award The purpose of the program is to make improvements to the quality and timely processing of Description: forensic evidence resulting in an overall reduction in the backlog of non-DNA evidence. so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting December 6, 2022 1852 Second Reading Ordinance for the City Council Meeting December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating Grant Funds from State Farm Insurance for the Police Department Crime Reduction Unit CAPTION: Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of $10,000.00 for the Corpus Christi Police Department Crime Reduction Unit to purchase supplies used to promote and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating $10,000.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a $10,000 grant from State Farm Insurance and appropriation of the funds. The grant funds will be used by the Corpus Christi Police Department (CCPD) for the Crime Reduction Unit. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) has been awarded funding from State Farm Insurance for CCPD's Crime Reduction Unit to encourage citizen participation and to assist residential groups with organizing and maintaining active Neighborhood on Watch (NOW) programs. The grant will help purchase supplies such as brochures promoting the NOW program and crime prevention tips, signage designating streets as NOW locations, and promotional items used to promote and support NOW groups throughout Corpus Christi. NOW enhances communication within our neighborhoods and allows us to enhance our community. There currently are 40 NOW groups throughout Corpus Christi. As part of the NOW program, residential groups will be challenged to remain active and to conduct a minimum of three neighborhood meetings per year. The NOW program also will encourage citizens to be the"first boots on the ground" in their neighborhoods and to assist in crime reduction in their neighborhoods. This is the second time that the City has received this grant. In November 2021, the City received $10,000.00. The award period is for November 1, 2022 through December 21, 2022 ALTERNATIVES: The alternative is not to accept the grant funds; however, not accepting the funds will result in a less visible crime reduction program for NOW as funding for this program outside of this grant is not part of the FY 2023 Budget. FISCAL IMPACT: The fiscal impact for FY 2022 is the acceptance and appropriation of the State Farm Insurance grant in an amount of$10,000.00 to the Police Grants Fund. The City is not required to provide a cash match. Funding Detail: Fund: 1061 Organization/Activity: Police Grants fund Mission Element: 152 Activity# 822908L Account: 520090— Minor Tools and Equipment Amount: $10,000.00 RECOMMENDATION: Staff recommends accepting the award and appropriating the item, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing acceptance of a grant from State Farm Insurance in an amount of$10,000.00 for the Police Department Crime Reduction Unit to purchase supplies used to promote and support Neighborhood on Watch groups throughout Corpus Christi; and appropriating $10,000.00 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 or designee is authorized to execute all documents necessary to accept a grant from State Farm Insurance in the amount of $10,000 for the Police Department Crime Reduction Unit. SECTION 2: $10,000 from State Farm Insurance, is appropriated in the No. 1061 Police Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 Review Your Application Please review your proposal Information, If you are not ready to submit your proposal at this time,click the"Save Only"button.The Proposal will then be available to edit from the Welcome page.Clicking the Submit button will immediately send the application to State Farm and you will then be unable to perform further editing. Contact Information Position/Role Crime Prevention Advisor *First Name Melissa *Last Name Castro *Telephone 13618862768 Extension 2768 *E-mail Address melissama@cctexas.com Organization Information *Organization Name City of Corpus Christi *Street Address PO Box 9277 *City Corpus Christi *State Texas *Zip Cods 784694277_ *Tax ID(9-digit number) 746000574 *Phone Number 361-826-3648 *E-mail Address heatherc@cctexas.com Website Address www.cctexas.com Social Media Website Addresses(URL https:l/.facebook-com/CorputiChristipD/ links) https:/lwww.instagram.com/Corpuschristipd/ https:tAwitter.com/CorpusChOsUPD https://ccpdblotter.com https://www.youtube.com/user/CorpusChrlsfiPD *is your organization or an affiliate of No Your organization a Community Development Financial Insitution(CDFI)? Program Information *Program Title Crime Reduction Unit-Neighborhood on Watch *Program Start Date 11/01/2022 *Program End Date 12/21/2022 *Provide a program summary,including The purpose of the Neighborhood on Watch Is to unite law enforcement agencies,private program objectives,program activities, organizations and individual citizens In a city-wide effort to reduce crime and improve the „x and program benefits. quality of life in their communities.The Neighborhood on Watch groups will reach all ' demographics in Corpus Christi and utilize in person presentations,media and social platforms to educate our community on crime prevention,train to recognize suspicious NA activity and share that activity with each other and report to police when needed. . NO Program objectives will be encouraging citizen participation and assist residential groups O with organizing and maintaining active Neighborhood on Watch programs,Crime Reduction Unit will continually emphasis that Neighborhood on Watch is not citizens armed patrol and does not guarantee crime will not occur in a neighborhood.Neighborhood on Watch is a group of neighbors willing to communicate with each other about crime,community issues and improving the overall quality of life of their neighborhoods. With the assistance of this grant the Crime Reduction Unit will purchase supplies used in promotion of Neighborhood on Watch groups throughout Corpus Christi and the surrounding coastal bend communities.The criteria for a Neighborhood on Watch group to remain active and maintain Neighborhood on Watch signage,the watch group shall conduct a minimum of three neighborhood meetings per year,participate in the annual meeting of Block Captains and post Neighborhood on Watch signs.Annual participation in National Night Out campaign will enhance the relationship between neighbors and law enforcement while bringing back a true sense of community.The best way to build a safer community is to know your neighbors and your surroundings.Neighborhood on Watch enhances communication within our neighborhoods and allows us to enhance our own communities, *Provide the Intended outcomes of your The Neighborhood on Watch group campaign will assist citizens to understand they are the program, "first boots on the ground"in their neighborhoods and with effective training in crime prevention and positive communication with law enforcement both proactive behavior In their communities that results in the reduction of crime. *Date the program was originally 01/01/2014 established. *Is this is an established program? Yes List your demonstrated successes. Crime analyst data will be used to maintain intelligence.files and generate reports of repetitive patterns in comparison to prior year data with established Neighborhood on Watch programs. Program Budget and Funding *Requested Grant Amount $10,000.00 *Do you agree that no more than 30 Yes percent of the funded amount from State Farm will be used towards salaries? "Please complete the program funding details provided In the template below. Charitable Amount requested from State Expense Type (?) TOWCost of Expense (?� Farm. ?� Non-Charitable Amount (?) Supplies $40,000.00 $10 000.00 10,000.00 10,000,00 *Has State Farm previously provided No funding for this program? List other organizations that are financially supporting the program,along with the amounts committed. Organizaticn Name Funding Amount _. —--- NA $0.00 O.00 Program impact *What one geographic area will benefit Texas most from this program? Counties-Texas Nueces *Identify the neighborhood,city,county Corpus Christi,Texas and all surrounding coastal bend area. or region that benefits from this program. *List any schools or school districts Corpus Christi Independent School District and surrounding school districts. I mpacted by this grant.b none,please enter Not Applicable. *Provide the number of participants that 327144 are&mgfflyim e f y..tWm PMgMMA1AM—uft of State Farm's funding. *Provide the percentage for each 11% American Indian 1 Alaska Native ethnicity served by the program.All 2% Asian percentages must add up to 100%. 4% Black 1 African American 64% Hispanic 1 Latino 1% Native Hawaiian 1 Other Pacific Islander 28% White *Provide the percentage for each age 7% 0-4 yrs Infants 1 Toddlers group served by the program.All 7% 5-12 yrs Children percentages must add up to 100%. 25% 13-20 yrs Teens 1 Young Adults 10% 21-29 yrs 36% 30-64 yrs 15% 65+yrs Seniors Does this program serve a majority of Yes low-to-moderate-Income papulation? What Is the percentage of low-to- 44 moderate income population? Engagement Opportunities *Are any elected Officials andfor Yes community leaders Involved with this program? List the names of the elected officials and their roles within the program or organization. Now do they serve w thin the program ride of Elected Official First Name Last Name or organlzation? istration and compliance of all po- lice grants and expenditures of a $85 million dollar budget. *How can State Farm employees and State Farm employees and agents have the opportunity to engage in all media agents be involved with your program or opportunities,presentations associated with Neighborhood on Watch,National Night Out organization? and public awareness events hosted and organized by the Crime Reduction Unit. Provide the names of State Farm agents and employees who are connected and engaged with your program. First Name Last Name Role within your Organization Communioatian and Recognition How do you plan to publicly Community media(nonprofits,business partners,community leaders,elected officials) communicate the program?(Hold CTRs- Public Relations Media—Broadcast key and click to select all that apply) Public Relations Media-print Social Media *How will State Farm be recognized If a Mention In media releases grant Is provided?(Hold CTRL key and Social Media click to select all that apply) Branding/logo opportunities Signage Please provide details on how State The State Farm logo will be placed on all marketing associated with Neighborhood on Farm branding/logo will be used. Watch program and National Night Out. *Do you agree to provide State Farm Yes semi-annual andfor final results of this program? *If funded,does State Farm have Yes a Permission to use the organization's logo for recognition?if so,click Save and Proceed and attach the logo on the next page. Attachments Attachments • W9 FY2021-City of corpus Christl.pdf(627.9 K),uploaded by Melissa Castro on 10/2912021 Payment Details Payee Namel City of Corpus Christi Payee Addressl PO Box 9277 City Corpus Christi State Texas Zip 78469-9277 *Do you authorize us to send your Yes payment disbursements via ACM? Bank Name Bank Country Bank Account Type Checking/Routing Number Image Bank Account Number Bank Routing Number ACH Contact Name ACH-Contact-Entail Address he—atherc@cctex l$.corn Submit ^Save Only Need Support? Terms of Service Privacy Policy so �o o� A P v AGENDA MEMORANDUM WoRPORP�g4 First Reading Ordinance for the City Council Meeting December 6, 2022 1852 Second Reading Ordinance for the City Council Meeting December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of a grant for $415,806 from Assistance to Firefighters Grant Program CAPTION: Ordinance authorizing the acceptance of a grant in the amount of $415,806.00 from the Assistance to Firefighters Grant Program, for incident command training, water rescue training, and purchasing personal protective equipment for the Corpus Christi Fire Department's technical rescue program, with a City cash match of$37,800.55; and appropriating $415,806.00 in the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of one grant from the Assistance to Firefighters Grant program, totaling $415,806 including a City cash match of $37,800.55. The grant funds will help to enhance the safety of both the public and Corpus Christi Fire Department (CCFD) firefighters by providing essential incident command training, water rescue training, and personal protective equipment for CCFDs technical rescue program. BACKGROUND AND FINDINGS: The Assistance to Firefighters Grant program is a federal grant program that is available annually to enhance the safety of the public and firefighters with respect to fire and fire-related hazards. The grant provides direct financial assistance to eligible fire departments for critically needed resources that equip and train emergency personnel to recognized standards. Additionally, this program helps fire departments enhance operational efficiencies, foster interoperability, and support community resilience. The City of Corpus Christi applied in March of 2022. The grant funds will be used to provide incident command training and water rescue training for CCFD. The Incident Command Training will be provided through the Blue Card training program for $402,306. Training is comprised of two sections. The first is online and consists of individual course work. The second is done in a laboratory setting intended to simulate scenarios and incidents to provide "real life" reinforcement of the program. Incident Command training is designed to instruct and train Fire Dept. personnel who serve in the role of Incident Commander that supervise and manage emergency and hazard zone operations. The "Blue Card" training program provides Fire Departments with a training and certification system that defines the best Standard Command Practices for common, local, everyday Strategic and Tactical emergency operations. This training and certification program produces Incident Commanders that make better decisions that will potentially eliminate the lethal and/or costly mistakes that cause injury, death, and unnecessary fire losses. The Blue Card Incident Commander training and certification program is based on Chief Alan Brunacini's textbook "Fire Command," which is considered one of the best practices for local incident command and Immediately Dangerous to Life and Health management. It is endorsed by the following entities: 1. International Association of Fire Chiefs Safety, Health, and Survival Section 2. Center for Public Excellence 3. International Society of Fire Service Instructors 4. Fire Department Safety Officers Association 5. Texas Fire Chiefs Association The Blue Card program will help firefighters become incident commanders who will be able to make critical decisions at an emergency scene allowing for an efficient and safe operation. The goal is to train any firefighter eligible to serve in an incident command role. Battalion Chiefs, Captains and Firefighter II's eligible to act as a Captain are targeted for this training. The funding will allow 222 firefighters to attend the Blue Card Training program and become certified as a Blue Card Incident Commanders. Currently, CCFD has 85 firefighters that are fully certified as Blue Card Incident Commanders. The grant funds also will be used to train and certify 18 firefighters for $5,400 on bay and surf rescues and for the purchase of 18 dry suits for $8,100 for the water rescue program. The dry suits will greatly enhance the firefighters' safety and protection from hypothermia during cold weather water rescues. Currently, CCFD does not have any dry suits for cold weather rescues. Currently, CCFD has 18 firefighters trained and certified in boat rescue. This course will provide boat, bay and surf rescue training to the 18 firefighters. CCFD utilized previous grants to begin acquiring equipment and training specific to water and surf rescue needs. This is the next phase of building the project which has identified those firefighters not yet trained to this level of water rescue. The last time that the City received this grant was is 2017. The amount of the 2017 award was $314,361. ALTERNATIVES: The alternative is not to accept this grant, but instead find other funding through the City's General Fund in order to fund the Blue Card incident command training, water rescue training, and 18 dry suits utilized for cold water rescue. FINANCIAL IMPACT: Acceptance of funds in the amount of $415,806 with a City cash match of $37,800.55 and appropriating $415,806 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12000 Fire Administration Mission Element: 093 Emergency Calls Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $37,800.55 Fund: 1062 Fire Grants Organization/Activity: 821270F Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $415,806 RECOMMENDATION: Staff recommends that City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$415,806, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a grant in the amount of $415,806.00 from the Assistance to Firefighters Grant Program, with a City cash match of $37,800.55; and appropriating $415,806.00 in the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Assistance to Firefighters Grant Program in the amount of $415,806.00 SECTION 2. The City will provide a cash match of $37,800.55 SECTION 3. $415,086.00 from the Assistance to Firefighters Grant Program is appropriated in the 1062 Fire Grants Fund That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting December 6, 2022 1852 Second Reading Ordinance for the City Council Meeting December 20, 2022 DATE: December 6, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance and Appropriation of a grant for $1,000 from NuStar Logistics L.P. CAPTION: Ordinance authorizing acceptance of a $1,000 grant from NuStar Logistics L.P. for the purchase of supplies and equipment for the Corpus Christi Fire Department's HazMat Program; and appropriating $1,000 into Fire Grant Fund. SUMMARY: This ordinance authorizes the acceptance a$1,000 grant from NuStar Logistics and appropriation of the funds. The grant funds will support the Corpus Christi Fire Department HazMat Program by purchasing much needed supplies and equipment to help them in the event of a HazMat emergency. BACKGROUND AND FINDINGS: The Hazardous Material response team (HazMat) was initiated in July of 1987 with the passing of the Superfund Amendments and Reauthorization Act (SARA) Title III which requires local and state emergency planning around hazardous chemicals. The HazMat response team is comprised of hazardous materials technicians who specialize in detecting, containing, and removing any release of potential hazardous substances in order to control or stabilize an incident. They participate in training activities that include simulated hazmat situational drills like simulated chlorine leaks from tank rail cars. The HazMat response team currently is located at Fire Station #5. However, CCFD's HazMat response team is a FEMA Type I team, which makes it a regional response asset. To meet these expectations, CCFD requires safe, dependable, reliable, and current equipment and technology. Since 2013, NuStar Logisitcs, L.P. has issued this grant annually to the Corpus Christi Fire Department (CCFD) through their charitable giving program. This year, NuStar Logistics, L.P. awarded CCFD with $1,000 to be used to purchase much needed supplies and equipment that include testing and calibration materials, and sampling sensors for their HazMat Response Program. Last year, the City received $1,000 for this grant. ALTERNATIVES: The alternative to accepting this grant is to find other funding sources to be used to purchase the necessary supplies and equipment for CCFD's HazMat Response Program. However, the funding for the purchases outlined in this memo were built into the FY 2023 Budget. As a result, CCFD will have to delay the purchase of the necessary supplies and equipment for its HazMat Response Program while trying to identify other possible funding sources. FINANCIAL IMPACT: Acceptance of funds in the amount of$1,000 and appropriating $1,000 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840029L NuStar Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $1,000 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$1,000, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of a $1,000 grant from NuStar Logistics L.P. for the purchase of supplies and equipment for the Fire Department's HazMat Program; and appropriating $1,000 into Fire Grant Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from NuStar Logistics L.P. in the amount of $ 1 ,000 for the Fire Department's HazMat Program. SECTION 2. That $1,000 is appropriated in the No. 1062 Fire Grant Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 SC o° a w � � AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 6, 2022 Second Reading Ordinance for the City Council Meeting of December 20, 2022 I8V DATE: December 1, 2022 TO: Peter Zanoni, City Manager FROM: Alyssa Barrera Mason, Executive Director, CCDMD Alyssa@cctexasdmd.com (361) 882-2363 Approval of Eighth Amendment to the TIRZ #3 Project & Financing Plan to add Technology, Innovation and Entrepreneurial Ecosystem Development. CAPTION: Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on December 6, 2022, which adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development. PURPOSE: The purpose of this item is to approve an amendment to the Project & Financing Plan for TIRZ #3 that will add a program to support the development of a Technology, Innovation, and Entrepreneurial Ecosystem and encourage economic development in the downtown area. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan (Project Plan). The Project Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone and must be adopted by the municipality by ordinance. In 2015, the TIRZ #3 Board and City Council approved an Amended Project Plan, which created programs and initiatives to facilitated type of development needed in the downtown. In 2016, a Second Amendment was made to expanded programming and services from the Downtown Management District; refined Incentive Programs; and enabled funds to be expended for public, cultural and/or historic properties within the Zone and extended Del Mar College's Participation. Five additional amendments have been made to broaden the scope of programs and initiatives. This Eighth amendment adds the following to support technology, innovation and entrepreneurial ecosystem development in order to advance economic growth. "Technology, Innovation, and Startup Ecosystem Development — TIRZ #3 contains over 3,000,000 square feet of office space that has maintained a high level of vacancy since the late 1980's. TIRZ #3 will support the development of an ecosystem where technology, innovation, startups, and entrepreneurs may launch new enterprises and contribute to the economic development of the downtown area. Specific projects may include Wi-Fi expansion, a co-working space, business incubation, and other ecosystem development tools, in partnership with the DMD, CCREDC, Texas A&M University Corpus Christi, Del Mar College, and other innovation- oriented institutions." The addition of this project was approved by the TIRZ #3 Board at the December 6, 2022 board meeting. ALTERNATIVES: City Council may choose not to adopt the Eighth Amendment to the Project Plan. FISCAL IMPACT: There is no financial impact. RECOMMENDATION: Staff recommends approving the amendment to the TIRZ #3 Project and Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance—Eighth Amendment to TIRZ #3 Project & Financing Plan Eighth Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) TIRZ #3 Board Resolution — Eighth Amendment to TIRZ #3 Amended Project & Financing Plan Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on December 6, 2022, which adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project & Financing Plan;" WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on August 30, 2022; WHEREAS, on December 6, 2022, the Board of Directors of Reinvestment Zone Number Three passed a motion recommending an amendment to the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" that adds a program for funding of Technology, Innovation and Entrepreneurial Ecosystem Development; WHEREAS, Texas Tax Code Section 311 .011(d) provides that the governing body of the municipality that designated the zone must approve a project plan for a reinvestment zone by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #3, Corpus Christi, Texas for the Reinvestment Zone Number Three, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Three on December 6, 2022. A copy of the Plan is attached hereto and incorporated by reference. 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 City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ#3"or"the Zone"), over a portion of the city that includes the city's Downtown area.There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015Amended Project& Financing Plan, is intended to replace the previous Project& Financing Plan and any future amendments will modify this version. This 2015 Amended Project& Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), completed. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project& Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment (FY 2017)—To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7) updated as Exhibit C—FY2017 Project Plan Budget. Third Amendment (FY 2018)—this Amendment renames the (5) Site Assembly & Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note:Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment (FY 2019)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Fifth Amendment(FY 2021)—this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment (FY 2021) —this Amendment modifies two incentive programs to expand their impact — New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. Seventh Amendment (FY 2021) — this Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Eighth Amendment(FY 2022)—this Amendment modifies the New Commercial Tenant Finish Out Program remove the "New" and 'Tenant" from the qualifying requirements to become "Commercial Finish- Out Program" to expand the qualification of the program. This will allow established businesses to qualify for the program. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualified for designation as a"Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311,these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004—Bayfront Master Plan 2006—Downtown Redevelopment Report 2013—Central Business Development Plan 2014—RUDAT 21 Page City of Corpus Christi / Corpus Christi Downtown Management District 2015—Downtown Area Development Plan The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown."The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing.Additionally,the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. 31 Page City of Corpus Christi / Corpus Christi Downtown Management District Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. Avery p wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in ,'y I„" ' ""' Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment . facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor i • Corpus Christi Museum of Science&History Playhouse • Art Museum of South Texas • Brewster . • Whataburger Field Street • American Bank Convention Center&Arena Icehouse • Heritage Park— Restored Historic Homes, now used as Non-Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown —South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff,and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ#3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993.This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan.The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. 41 Page City of Corpus Christi / Corpus Christi Downtown Management District Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T-heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood —At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA,a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks.Additionally,there is a mix of early 201h century single family homes and multi-family residential developments.The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design-Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ#3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ#3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over$ million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Status as of 09/2020 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Improvements Bond 2012 2015-2016 $500,000 Under Construction Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Done Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2015 $200,000 On Hold Shoreline Crosswalks Bond 2018 2021 Pending Design Downtown Lighting Bond 2018 2021 Pending Design Total $29,200,000 51 Page City of Corpus Christi / Corpus Christi Downtown Management District Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions.The initial focus is on residential and mixed-use development. Exceptions may be made to the guidelines below for catalytic projects with Board approval. Such changes will be incorporated at the next Project Plan Amendment. 1. Targeted Vacant Property Improvement Grant Program —This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2021, TIRZ#3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, on renovation costs, depending on how the scope of the project meets the priorities of the Zone. A 20% incentive cap had been adopted for FY 16— FY 20 but this will be waived for FY 21. A max of$100,000 is available for a single project in a single fiscal year. Applications will be accepted until the allocation is exhausted for each fiscal year. In FY 2021, the program will be extended to Mesquite Street in the Marina Arts District to facilitate development of targeted vacant buildings. 2. Commercial Finish-Out Grant Program— In order to support the demand for more dining, retail and entertainment venues in the Downtown, the Zone will reimburse approved new tenants and owner- occupied finish-outs at a maximum rate of $10 per square foot. For an owner-occupied business to qualify for the incentive, they must be established for at least 10-years. Evidence of operation must be provided upon application submission. It has become clear that existing inventory is not white box ready. 50% of Mechanical, Electrical or Plumbing Costs (Up to $20,000) will be available to the landlord with a new tenant if that landlord provides a 6-month rent waived lease. First-floor, active street use projects will be a priority consideration. $100,000 will be allocated annually. Qualified finish-out expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. This program will also be available for expedited $10,000 micro-grants to be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. 61 Page City of Corpus Christi / Corpus Christi Downtown Management District 3. Downtown Living Initiative—The Residential Demand Study conducted fort he DAD stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2021, the Zone will provide a $10,000 per unit reimbursement grant for multi-family developments of over 3 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq.ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities Further, Residential Developments over 10 Units may be considered as an individual cost element. For catalytic projects with per unit development cost above $100,000, a 10% threshold will be considered based on available funding, up to $20,000 per unit. S. Site Management&Development—Beginning in FY 2017,TIRZ#3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on-street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown and fund implementation steps. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured garages and occupancy monitoring systems. 71 Page City of Corpus Christi / Corpus Christi Downtown Management District 7. Traffic Pattern Study & Streetscapes —TIRZ#3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted and listed below: • Streetscape and Safety Improvement Program—Funding$200,000 for Right of Way,aa4 Fagade, exterior and patio improvements, including sidewalk and patio cafes, to increase lighting and security beginning FY 18, funded annually after. Micro-grants can be administered by DMD and City Staff. • Artesian Park-$150,000 Initial Funding in FY 20, then $50,000 Annual for La Retama &Artesian. • Two Way Conversion Shoreline to Water Street—Up to$400,000(Funded FY 20, Rolled to FY 21) • General Right of Way Maintenance -$50,000 Annually. • Broadway Bluff Maintenance and Repair Assessment-$150,000(Funded FY 20, Rolled to FY 21) 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. Each year, the following initiatives are being added: • FY 2017 - Downtown Management District Bike Share Initiative • FY 2017 - Downtown Management District Expanded Scope of Services • FY 2018 — Downtown Management District — Cultural District Plan, TIRZ #3 Incentive Programs, registration process for downtown vacant building program, Streetscape Safety & Right of Way Improvement Program and Off-Street Parking Improvement Program. • FY 2019- Unified brand implementation and expanding organizational and operational capacity. • FY 2020- Implementation of approved projects from TIRZ #3 Traffic & Planning Analysis, specifically Artesian Park Upgrades. • FY 2021- Capital Maintenance for public spaces and right of ways throughout the zone and continued capital maintenance. • Technology. Innovation, and Startup Ecosystem Development—TIRZ#3 contains over 3,000,000 square feet of office space that has maintained a high level of vacancy since the late 1980's. TIRZ #3 will support the development of an ecosystem where technology, innovation, startups, and entrepreneurs may launch new enterprises and contribute to the economic development of the downtown area. Specific projects may include Wi-Fi expansion, a co-working space, business incubation,and other ecosystem development tools, in partnership with the DMD,CCREDC,Texas A&M University Corpus Christi, Del Mar College, and other innovation-oriented institutions. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally 81 Page City of Corpus Christi / Corpus Christi Downtown Management District estimated at$50,000 per year for the 20-year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk)—final • Retail Market Analysis&Strategy (Mike Berne)—draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth)—draft • Incentives& Development Economics (W-ZHA, Sarah Woodworth)—draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ#3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment' 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Programz 200,000 200,000 200,000 2 New Tenant Commercial Fin' 100,000 Grant Programz See Exhibit C for FY 2017 3 Downtown Living Initiative 00,000 4 Project Specific Developmen TBD TBD Agreement3 Update of Project Budget 5 Site Assembly& Developme 6 Parking Study& Developme 7 Traffic Pattern Analysis& 150,000 Streetscapes 8 Other Programs& Initiative 9 Management& Professional Services 25,000 50,000 50,000 50,000 50,000 9Page City of Corpus Christi / Corpus Christi Downtown Management District Expenditure Totals 25,000 1 1,600,000 1 1,350,000 1 1,350,000 1 50,000 TIRZ Ending Balance 2,333,342 1 1,730,387 1,540,935 1,631,307 1 3,196,456 Notes: 1 Increment Projection developed by CCREDC,will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ#3. The City,County,and Del Mar College have agreed to participate in funding TIRZ#3 with 100% of the incremental property taxes collected over the life of the Zone.. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $8,655,793 $50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 1 52,767,539 1 51,604,697 1 338,988 1 179,932 1 129,355 1 648,275 FY 15 71,728,00 794,591 FY 16 90,003,54 See Below for FY 2019 Update 997,045 FY 17 104,763,037 1,160,548 FY 18 130,02Z872 of Sources of Revenue 1,440,372 FY 19 1 145,800101 1,615,149 FY 20 173,112,004 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 ---------------------------------- 101 Page City of Corpus Christi / Corpus Christi Downtown Management District FY 29 1 347,192,382 1 316,303,874 r 309,333,466 1 2,031,992 1 1,046,776 1 767,373 3,846,141 $35,963,109 These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,848 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 , 693,086 841,794 2,776,661 Bold=Actuals $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is$310,019,372. The table above projects taxable value increment captured bythe Zone overthe remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5% annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the lone §311.011(0(9) TIRZ#3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 11age City of Corpus Christi / Corpus Christi Downtown Management District List of Exhibits Exhibit A TIRZ#3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget FY 2018 Project Plan Budget FY 2019 Project Plan Budget FY 2021 Project Plan Budget 121 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use r Tax Increment Finance District#3 r a 1-7 a - II, iwm • TIRZ Boundary • SEA District • P� • , Uptown • Marina Arts District(DMD) N • Bav,__..�.s..hore Park OR— j law t (.Tint Legend ZZ C'ruT uti L�ZZ I ChfiF[i Ee4iq LaM Uo r moo. 6. F' c.wn A L� P Pared By.MBB .. Printing O.re Th_Y Y',0,20bB fe.2007914 A7AM PrP�ecl Source CrfyGCdpua Chns&-Lb"rolaP"M S.nnroa + 13 gage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an"A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second"A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan,Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition,to its Southwest corner for a point; 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 151 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment ReinvestmentZone#3 Proposed Budget FY 2017 Year FY 2015 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed future Beg.Bal $ 1,563,751 $ 1,563,751 5 2,7=7.333 $ 2,25'.5.`° $ 2,930,612 $ 2,253,464 $MJ,508,279 +Increment Reverue $ 734,082 $ 691,162 $ °=-1.117 5 85:"..�u. :.127AM $ 1,409,815 $ J,762,26.9 1 Chaparral St.Grant Program 2New YerantCommerve ish°utG`antPr° See Below for FY 2018 Update 3 Downtown Living Initiatilative - 4 Project Specific Development Agreement - 6Parkissetudy&Development of Project Budget 6 Parking5[udy&Development - 7 Traffic Pattern Analysis&Streetscapes 1,000,000 8 Other Programs&Initiatives 420,000 9 Management P.-ofess=°nal Ler✓Ices _.. _ 50,000 2 ,TOTAL EXPENDITURES $ - $ 1,344 $ 1,600,000 $ 188,800 $ 1,805,000 5 2,155,000 $ 1,470,000 End Eal $ 2,297,833 S 2,2S3.Sb9 S Y.e9L950 S 2,931612 $ 2,253,464 1,508,279 $ 1,800.548 Notes: 1 Ending FY 20161nc—onl it not final, 2 Other Programs F. niC,atives are DMD Requests for funding in FY 17.Project Plan vii i reed to be updated to reflectchanges. Proposed Budget FY 2018: Year FY 2016 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed Beg.Bal $ 2,297,833 $ 2,253,569 $ 2,953,576 $ 2,992,483 $ 3,388,432 +Increment Revenue $ 994,117 $ 914,191 $ 1,127,852 $ 1,070,317 $ 1,291,273 1 Chaparral St.Grant Program 00 2 New Tenant Commercial Finish Out 00 3 Downtown Living Initiative See Below for FY 2019 Update 00 4 Project Specific Development Agreerr 5 Site Management&Development 00 6 Pa rki ng Study&Development of Project Budget 00 7 Traffic Pattern Analysis&Streetscap 00 8 Other Programs&Initiatives 00 9 Management&Professional Services $ 50,000 $ 4,801 $ 50,000 $ 9,368 $ 50,000 TOTAL EXPENDITURES $ 1,600,000 $ 175,277 $ 1,805,000 1$ 674,368 $ 2,220,000 End Bal $ 1,691,950 $ 2,992,483 1 $ 2,276,428 $ 3,388,432 1$ 2,459,705 161 1 a g e City of Corpus Christi / Corpus Christi Downtown Management District Proposed Budget FY 2019: 11 FY 2019 111audget Estimated Proposed Beg.Bal $ 2,253,569 $ 2,992,483 $ 3,348,528 $ 3,626,061 $ 3,527,056 +IncrementRevenue $ 914,191 $ 1,030,413 $ 1,324,973 ^ 1,154,516 $ 1,409,019 1 Chaparral St-Grant Program $ 71,942 $ 100,400 $ 244,000 $ 200,000 $ 200,000 2 New Ten antCom mercialFinishOut GrantProgram $ - $ 15,000 $ 100,000 $ 68,220 $ 100,000 3 Downtown Living Initiative $ - $ - $ 725,000 $ 92,500 4 Project Specific Development Agreement $ - $ - $ - $ - 5 Site Management&Development $ - $ - $ 1441044 $ 40,000 $ 100,000 6 Parking Study&Development $ 98,534 $ 50,000 $ 154,404 $ 100,000 $ 200,000 7 Traffic Pattern Analysis&Streetscapes $ - $ 150,000 $ 500,000 $ 200,000 $ .350,000 76 Streetscape Safety&Right of Way Improvement Program $ 100,000 $ 200,000 8 Dther Programs&Initiatives $ - $ 350,CO0 $ 395,400 $ 410,000 $ 450,000 91 Management&Professional Services $ 4;801 $ 9.368 $ 54,044 $ 35,301 .$ 59,102 TOTAL EXPENDITURES $ 175,277 1674,3681 $ 2,224,444 ^ 1,153,521 $ 3,333,602 End Bal $ 2,932,453 $ %348,52,9 1 $ 2,449,501 1 $ 3,627,056 $ 3,204,472 See Below for FY 2021 Update of Project Budget Original Amended Actuals BudgetAccount Description 2018- 2019 . . , $ $ $ 21 TIRZ#3 Project Plan $ 18 964.00 - 68 145.00 - $ - Chaparral St Grant Program $ 101 469.00 200 000.00 400 000.00 279 585.00 $ 200 000.00 New Tenant Commercial Finish $ $ $ Out $ 61 700.00 100 000.00 106 490.00 14 378.00 $ 100 000.00 Downtown Living Initiative $ - - 1,665,000.00 1665000.00 $ - Development Tax $ $ $ Reimbursement $ - 15 000.00 $ 370 000.00 Site Management and $ $ $ Development $ 152 151.00 - - - $ - Downtown Vacant Bldg. Code $ $ $ Enforcement $ 1,989.50 50 000.00 50 000.00 588400 $ 25 000.00 Parking Meter Replacement $ - 100 000.00 100 000.00 - $ 100 000.00 Off-street Parking Improvement $ 100 000.00 100 000.00 - $ - Traffic Pattern Analysis $ - 400 000.00 550 000.00 550 000.00 $ 350 000.00 Streetscape &Safety $ $ $ Improvements $ 18 246.00 200 000.00 345 735.00 348 259.00 $ 200 000.00 17Page City of Corpus Christi / Corpus Christi Downtown Management District $ $ $ DMD Agreement $ 376 317.00 510 000.00 532 016.00 532 016.00 $ 510 000.00 Management&Professional $ $ $ Services $ 111.00 4,000.00 4 000.00 - $ 4,000.00 Transfer to General Fund $ 55 102.00 127 082.00 127 082.00 127 081.51 $ 126 924.00 TOTAL EXPENDITURES $ 786 049.50 1,791,082.00 4063468.00 3,522,203.51 $ 1,985,924.00 181 Page SC �o o� � v AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 12/06/2022 µCORPOR I Second Reading Ordinance for the Cit Council Meeting 12/20/2022 1852 DATE: December 6, 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 14909 Granada Drive CAPTION: Case No. 1022-02, Mc J's and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14909 Granada Drive from the "RM-AT/10" Multifamily AT District with the Island Overlay to the"RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. SUMMARY: The purpose of this rezoning is to allow for a Planned Unit Development (PUD) with multifamily and single-family dwellings. BACKGROUND AND FINDINGS: The subject property is 1.5 acres in size. The proposed Planned Unit Development (PUD) is Phase 2 and will be developed into both multifamily family and single-family dwellings. The concept for The Portside Subdivision is for a high-density single-family and multi-family housing groups development. The development will consist of 3 Single Family lots; 16 Residential cottage- style homes, with a 1,400 square footage building maximum size; and 3 multi-family lots consisting of 20 condominium units with a shared common area. The single-family lots will be developed with their own respective driveways. The Cottage style homes will be residential lots fronting a common area and all units sharing a common parking lot. The condominiums will be multifamily dwellings facing a common area and all units will share a common parking lot. The cottage and multi-family lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. To the north, south, and west are properties zoned "RM-AT/10" Multifamily AT District with the Island Overlay. To the east is a property zoned RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. 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. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map and with many broader elements of the Comprehensive Plan. Public Input Process Number of Notices Mailed 73 within a 200-foot notification area 1 outside notification area As of November 9, 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 property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay on October 19, 2022. Vote Count.- For: ount:For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff recommends approval of the change of zoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1022-02, Mc J's and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14909 Granada Drive from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay; 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 Lots 3, 4, & 5, Block 4, Padre Island Section E as shown in Exhibit "A". "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay. The subject property is located at or near 14909 Granada Drive. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of The Portside Phase 2 and 3 Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Phase 2 and 3 Planned Unit Development (PUD) Guidelines and Master Site Plan and related Technical Review Committee (TRC) requirements. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable 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 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 4 EXHIBIT A qti '4p 9a� RS- TH p'4Cff FipyL�F�'p�<ooA G FB�cH�R RM- T RM-QT RS-TH SUBJECT „ , PROPEft.TY cF eF9CN O� RS-6 RM-A RM- T RUN �Y/NG�r(�Gyr �RC '// //�/J� CASE: 1 of i—02 N SUBJECT PROPERTY WITH ZONING E ® 5 Subject Property A-1 Ap,,t art Hnuse DisMct -1 Limited IndasMal Distrix - A-1A Apa—on[Hnuse Di4dct -2 Light nd,oh-1 Dis[nct A-2 Apartnen[Hnuse Dishlct 1-3 Heavy mdusMal District AB Pmiessiunal office DisMct PHD Planned Unit D evelopment AT Apannent-T—istDisn- R-1A oneFamilyD-11ingDi-int SUBJECT - NeighbomnodeasinessDi4ract R-1e one Familyoweln',1 1 PROPERTY &1A Neignbn""p District R-ic one Famoy Dweumg District B2 eaytmnt easiness Di Ora T R-2 Mwople Dwelling Distnt B-2A Barn or Island Business Di And RA One Family Dwellin g Distract B 3 Busness Distract RE Resdo,hal Estato District E4 General Dueness DistriIX R-TH Townhouse L7we111ng DistriIX &6Primary Business District SP Special Permit BD Prima ry Basin_,C.,,DisMct T-1A Travel Taller Park Distract BD Coryus Christi Beach Design Dist. T-1e Van,acmred Home Park DieT, Cityof F-P Farts Raaf Distratr T-1C Manufactured Home Su hdivision Corpus He Hiner,I-Culturaldanemark District Christi Esri,HERE, LOCATION MAP Prese�emn Page 4 of 4 THE PORTSIDE SUBDIVISION PLANNED UNIT DEVELOPMENT (PUD) PHASE 2 AND 3 PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: Mc J's &Associates, LLC Corpus Christi, Texas Submitted by: York Engineering, Inc. 9708 S. Padre Island Dr. Suite A-200 Corpus Christi,Texas 78418 Engineer: Michael C.York, P.E. This document is released under the authority of Michael C. York, P.E. 124936 for interim review purposes and shall not be used for construction, bidding, or building permit purposes. SEPTEMBER 2022 yorkeng.com 1 361.245.9400 1 Texas Engineering Firm F-22063 DEVELOPMENT DESCRIPTION Mc J's & Associates, LLC proposes to develop the Portside Subdivision Planned Unit Development (PUD) on a vacant waterfront 1.51-acre tract of land located at the intersection of Leeward Drive and Granada Drive.The proposed development will consist of 3 single-family lots; 16 residential cottage style lots,with 1,400 square foot building max;and 3 multi-family lots consisting of 20 condominiums units with common area lots.The 3 single family lots will have their own driveway and parking.The rest of the development will have a shared parking lot. The 1.51-acre tract of land is currently described as Padre Island, Section E, Block 4, Lot 3,4,and 5. The property is currently vacant waterfront property and measures 189-feet wide and approximately 402-feet long.The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with an Island Overlay. The 1972 Protective Covenant and Landowners Agreement by the Padre Island Investment Corporation required multi-family or hotel development for this area. The concept for The Portside Subdivision is for a high-density single-family and multi-family housing groups development. The development will consist of 3 Single Family lots; 16 Residential cottage style homes,with 1,400 S.F.building max;and 3 multi-family lots consisting of 20 condominium units with a shared common area. The single family lots will be developed with their own respective driveways. The Cottage style homes will be residential lots fronting a common area and all units sharing a common parking lot. The condominiums will be multifamily dwellings facing a common area and all units will share a common parking lot. The cottage and multi-family lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. ADJOINING LAND USE AND ZONING The property to the North, across Granada Drive, is currently developed as residential townhomes and is zoned RM-AT with Island Overlay. The property to the South, across the canal, is a recently approved PUD with base zoning of RM-AT with Island Overlay.The property to the West,is a recently approved PUD with base zoning of RM-AT with Island Overlay. The property to the East, across Leeward Drive, is an existing condo/town home development zoned RM-AT with an Island Overlay. See Exhibit 1, Development Maps Exhibit. VICINITY AND LOCATION The subject property is located on Padre Island at the intersection of Leeward Drive and Granada Drive.The property has waterfront access to a canal on Lake Padre.See Exhibit 1,Development Maps Exhibit. SITE PLAN &LOT LAYOUT An Master Site Plan Exhibit is provided (see Exhibit 2) and provides a lot layout, conceptual unit arrangement, a shared parking lot, and pedestrian common area. Lots 3-5 are single family residential lots. Lot 1 is a commercial lot. Lot 6 is a common area lot which includes the shared parking lot and the shared pedestrian access and amenity area. Lot 11 is a common lot to be used for amenities.There is a View Corridor with height restrictions between the buildable footprint of Lot 2 Pagel of 2 and the bulkhead aimed at maintaining the waterfront view for the residential unit.There is a 4-foot- wide strip of common area between residential lots 3 and multifamily lot 2 to be used for pedestrian access and fire protection.A pedestrian gate will be placed at this location which will be equipped for access by emergency officials as required. The project will have two phases of development. Phase 2 of the Portside PUD will consist of the 3 single family units (Lots 3-5),a multi-family lot consisting of condominiums units with common area (Lot 2) , as well as 4 of the proposed 16 residential cottage style homes (Lots 7-10).Additionally, all of Lot 6 shared common parking lot and driveways will be completed during this phase. Phase 3 of the Portside PUD will consist of the remaining 12 residential cottage style homes (Lots 12-17 and Lots 20-25),the remaining 2 multifamily condominium units (Lots 18 and 19) as well as the shared common area (Lot 11). PARKING AND OPEN SPACE A tabular summary of parking requirements and open space calculations is included on the Master Site Plan,Exhibit 2.The parking requirements follow the Cottage Guidelines outlined in UDC 4.7.16.B. Guest parking will be available via the public parking allowed on Leeward Drive. Golf cart parking spaces will be provided in addition to vehicular spaces required.Landscaping and/or screening walls will be constructed to screen the parking lot from the adjacent public streets. WARRANTY DEED&OWNER INFO The Special Warranty Deed for Padre Island, Section E, Block 4, Lot 5 is attached for reference. The Certificate or Formation for the owning Entity is attached for reference. MISCELLANEOUS Mc J's &Associates, LLC understands Unified Development Code (UDC) Paragraph 4.2.8.0 related to the distance of multi-family or non-residential structures from single-family areas and offers no objections to structures proposed on the adjacent tract that may be constructed in the future to no closer than 5-feet instead of the 1:2 distance ratio required in the UDC. This development will allow short term rentals. DEVELOPMENT DEVIATIONS Deviations from the proposed RM-AT zoning requirements are as follows: 1. The Yard Requirement along Leeward Drive and Granada Drive is reduced to 10-feet. 2. Building setbacks will be 5-feet minimum at the rear,4-feet minimum on the sides,and 2-feet minimum at the front adjacent to the common area lot. 3. The minimum lot area is reduced to 925 square feet. Page 2 of 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS sas SITE SITE VICINITY MAP sCALe 1 =3000 ------------ LOCATION MAP - SCALE I uo :s.. bolo qukk 0.elmence Gultle um(empyoln + m hu ion neomm ryq:a Mn'm waw Ixl ocen mss o."sM SITE �.I. w.�."»I I«� .,�.�. "�nWxl Ana, THE PORTSIDE P.U.D. ,n PHASE 2 AND 3 n DEVELOPMENT MAPS EXHIBIT 1 CURRENT ZONING MAP 032°21 NIS `-'��'°� �� � ' �-` Y YORK ENGINEERING STANDARDS FOR PROPOSED BASE ZONING DISTRICT NIS. °LANNING CONSULTING I" o i"ezEEn�w`ElINEC E4 EEI X'N PARKING TABULATION(PERU DC4.7.16.8&7.2.2.BGUIDELINES) TYPE UDC REQUIREMENT QUANTITY SPACES GRAPHIC SCALE *DWELLING 1,000-1,400S.F. 1.5 PER UNIT 16 24 LEGEND *DWELLING GREATER THAN 1,400S.F. 2PER UNIT 3 6 MULTIFAMILY DWELLING(CONDOS) 2 PER UNIT 20 40 1111--L SlN°LE raw GUEST(COTTAGE) **0.5 PER UNIT 16 8 11" - GUEST(MULTIFAMILY) **1 PER 5 UNITS 20 4 grace 1.aa,F.wax COMMON AREA 1 PER 10,000 S.F. 34,639 3.46 1111 -L wmn-rnwi TOTAL 85.46 SPACES REQUIRED 86 _ cowww aeea ON-STREET SPACES AVAILABLE 14 - owwes_aL aeea ON-SITE SPACES REQUIRED 72 ON-SITE SPACES PROVIDED 75 1 *DWELLING UN ITS ARE WITH]N 1,500 FEET OF A TRANSIT STOP LOCATED ——— — ——— — ——— — ——— — ——— — "` AT WINDWARD DRIVE. **PER UDC 4.7.16.B.GUEST PARKING MAYBE REDUCED BY THE NUMBER OF - PUBLIC ON-STREET PARKING SPACES AVAILABLE ADJACENT TO THE SITE. ao I 1 4 ��A 1 rzo mL v rza z THE PORTSIDE P.U.D. PHASE 2&3 MASTER SITE PLAN EXHIBIT 9/1212922 YYORK ENGINEERING 1 111 T1NR o;o12EE:�oA�K�1 E,A�����. -- -- -- --—————————————————— .�g ,a�noww aa�Pn�, —.—.—. . . . .—.—.—.— . .—.—. . . O °�� a s i I � epi I _-- ��==o�w� — — LEEWARD DRIVE j�arwo-v�� (100'R,0,W.) t ' UTILITY EXHIBIT = wR THE PORTSIDE PUD PHASE 2&3 Yc YORK ENGINEERING ZONING REPORT Case # 1022-02 Applicant & Subject Property City Council District: 4 Owner: Mc J's and Associates, LLC. Applicant: Juan Carlos Calvi Address and Location: 14909, 14913, & 14917 Granada Drive, located along the northwest corner of the intersection of Running Light Drive and Leeward Drive. Legal Description: Lots 3, 4, & 5, Block 4, Padre Island Section E Acreage of Subject Property: 1 .5 acres Zoning Request From: "RM-AT/10" Multifamily AT District with the Island Overlay To: "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Purpose of Request: To allow for a Planned Unit Development (PUD) with multifamily and single-family dwellings. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RM-AT/10" Multifamily AT Site District with the Island Vacant Mixed Use Overlay "RM-AT/10" Multifamily AT Medium Density North District with the Island Mixed Use Overlay Residential "RM-AT/10" Multifamily AT Vacant and Medium South District with the Island Density Residential Mixed Use Overlay East "RS-TH/10/PUD" Townhouse Medium Density Mixed Use with a PUD Residential West "RM-AT/10/PUD" Multifamily Vacant High Density Residential AT with a PUD Plat Status: Property is platted Air Installation Compatibility Use Zone (AICUZ): No Code Violations: None Transportation and Circulation Designation-Urban Section Proposed Section Existing Granada Drive Street Local/Residential 60' R.O.W. 2 Lanes 40-feet Leeward Drive (Cl) Minor Collector 100' R.O.W. 2 Lanes with parking 57-feet Zoning Report Page 2 Mobility Plan: A One-Way Cycle Track is proposed along Leeward Drive. Transit: The Corpus Christi RTA provides transit services via Bus Route 65 Padre Island Connection with a bus stop at Running Light Drive approximately 500 feet from the subject property. Utilities Gas: 2-inch gas service line located along Granada Drive. Stormwater: Canal fronting lots. Wastewater: 12-inch VCP line along Granada Drive. Water: 8-inch ACP along Granada Drive. 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 Padre/Mustang Island Area Development Plan. Future Land Use Map: Mixed Use Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed . 73 within a 200-foot notification area • 1 outside 200-foot notification area In Opposition . 0 inside notification area • 0 inside notification area • 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: October 19, 2022 City Council 1St Reading/Public Hearing Date: December 6, 2022 City Council 2nd Reading Date: December 20, 2022 Background: The proposed Planned Unit Development (PUD) is a Phase 2 and will be developed into both multifamily family and single-family dwellings. The concept for The Portside Subdivision is for a high-density single-family and multi-family housing groups development. The development will consist of 3 Single Family lots; 16 Residential cottage style homes, with a 1 ,400 square footage building maximum size; and 3 multi-family lots consisting of 20 condominium units with a shared common area. The single family lots will be developed with their own respective driveways. The Cottage style homes will be residential lots fronting a common area and all units sharing a common parking lot. The condominiums will be multifamily dwellings facing a common area and all units will share a common parking lot. The cottage and multi- Zoning Report Page 3 family lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. Additional information may be found in the PUD documents. Minimum "RM-A T"District "RS-TH"District Proposed PUD Deviation Dimensions Standards Standards Lot Area 5,000 sf. 1,600 sf. 925 sf. Yes Minimum Lot 50 ft. 16 ft. 16 ft. No Width Street Yard 20 ft. 10 ft. 10 ft. (perimeter) Yes 2 ft. common area Street Yard 10 ft. 10 ft. 10 ft. No Corner Side Yard 5 ft. 0 ft. 4 ft. Yes Rear Yard 5 ft. 5 ft. 5 ft. No 1.5/ unit(1 1.5/ unit(1 1.5/ unit(1 bedroom) Parking bedroom) bedroom) 0.5/unit (Cottage) Yes Requirement 2/ unit (2 bedroom) 2/ unit (2 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1/5 units (guests) 1/5 units (guests) Sidewalk A one-way cycle track will be required alonci Leeward Drive. Comprehensive Plan Consistency: Plan CC and Area Development Plan: The proposed rezoning consistent with following Goals and Strategies for Decision Makers: • Future Land Use, Zoning and Urban Design Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. (Policy Statement B.10). Future Land Use Map: The proposed rezoning is consistent with the Future Land Use Map. • Mixed Use. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . 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 of the rezoning request and conducted research into the properties 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 comprehensive plan. As a result of the above analysis staff notes the following: Zoning Report Page 4 • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • The proposed PUD will allow Daily, Weekly, and Monthly rentals. The current "RM-AT/10" Multifamily AT District with the Island Overlay allows this use today. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). No significant concerns were raised by members of the TRC. 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. Planning Commission and Staff Recommendation (October 19, 2022): Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM- AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Phase 2 and 3 Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA Oki, 1 15 3 2 14 R S- T H 4 51 3 11 12l,4c�ER�L�F 10 9 8 �rp�C oop 7 6 5 71 28 72 G�gFgch 4R fi869 27 34 6667 7D R M-A T35 65 b364 52 RS- TH A;T' 61 SUBJECT 60 6D //4' / / PROPERTY73 5958 RG�eEgCH 52 h'4Y 36 53545556.57 D 29 X30 31 2324 2526 R,S- fi R M-A 7 32 49 50. 33 47 37 19202122 46 38 45 48 39 44 40 M 43 41 181716 42 M-A.TGy"QR CASE: 9022-02 Zoning and notice Area RM-1 Multifamily IL Light Industrial RM-2 mwhtie y2 IH Heavy Industrial . RM-3 Multifamily 3 Pu❑ Planned unit 3_.Uyerlay t v ON Protesxloaal Office RS-10 Single-Family I RM-AT Multifamily AT RSF Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Cammerclal RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial sp pecla Cl InlenslVeCammarc lat RV Recreational Vehicle Park SUBJECT\ CBD Downtown Commercial RMH Manufactured Home PROPERTY CR_3 Resort Commercial -\ FR Farm Rural / ..., H Historic Cyerlay, BP Business Park �ubrec:Rooer:� �Owmrs r:tti 2P0'6vHe; iry la wr 4 uW;ne,zwm,b�oo:craaon awaera L.itvIfl Esri,HERE,Gaurnin, af[acbetl awnarshiy fable Ain oPpnaifim Coll �III ti reoTEchl LOCATION MAP THE PORTSIDE SUBDIVISION PLANNED UNIT DEVELOPMENT (PUD) PHASE 2 AND 3 PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: Mc J's &Associates, LLC Corpus Christi, Texas Submitted by: York Engineering, Inc. 9708 S. Padre Island Dr. Suite A-200 Corpus Christi,Texas 78418 Engineer: Michael C.York, P.E. This document is released under the authority of Michael C. York, P.E. 124936 for interim review purposes and shall not be used for construction, bidding, or building permit purposes. SEPTEMBER 2022 yorkeng.com 1 361.245.9400 1 Texas Engineering Firm F-22063 DEVELOPMENT DESCRIPTION Mc J's & Associates, LLC proposes to develop the Portside Subdivision Planned Unit Development (PUD) on a vacant waterfront 1.51-acre tract of land located at the intersection of Leeward Drive and Granada Drive.The proposed development will consist of 3 single-family lots; 16 residential cottage style lots,with 1,400 square foot building max;and 3 multi-family lots consisting of 20 condominiums units with common area lots.The 3 single family lots will have their own driveway and parking.The rest of the development will have a shared parking lot. The 1.51-acre tract of land is currently described as Padre Island, Section E, Block 4, Lot 3,4,and 5. The property is currently vacant waterfront property and measures 189-feet wide and approximately 402-feet long.The current zoning is RM-AT with an Island Overlay and the requested zoning is RM-AT PUD with an Island Overlay. The 1972 Protective Covenant and Landowners Agreement by the Padre Island Investment Corporation required multi-family or hotel development for this area. The concept for The Portside Subdivision is for a high-density single-family and multi-family housing groups development. The development will consist of 3 Single Family lots; 16 Residential cottage style homes,with 1,400 S.F.building max;and 3 multi-family lots consisting of 20 condominium units with a shared common area. The single family lots will be developed with their own respective driveways. The Cottage style homes will be residential lots fronting a common area and all units sharing a common parking lot. The condominiums will be multifamily dwellings facing a common area and all units will share a common parking lot. The cottage and multi-family lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. ADJOINING LAND USE AND ZONING The property to the North, across Granada Drive, is currently developed as residential townhomes and is zoned RM-AT with Island Overlay. The property to the South, across the canal, is a recently approved PUD with base zoning of RM-AT with Island Overlay.The property to the West,is a recently approved PUD with base zoning of RM-AT with Island Overlay. The property to the East, across Leeward Drive, is an existing condo/town home development zoned RM-AT with an Island Overlay. See Exhibit 1, Development Maps Exhibit. VICINITY AND LOCATION The subject property is located on Padre Island at the intersection of Leeward Drive and Granada Drive.The property has waterfront access to a canal on Lake Padre.See Exhibit 1,Development Maps Exhibit. SITE PLAN &LOT LAYOUT An Master Site Plan Exhibit is provided (see Exhibit 2) and provides a lot layout, conceptual unit arrangement, a shared parking lot, and pedestrian common area. Lots 3-5 are single family residential lots. Lot 1 is a commercial lot. Lot 6 is a common area lot which includes the shared parking lot and the shared pedestrian access and amenity area. Lot 11 is a common lot to be used for amenities.There is a View Corridor with height restrictions between the buildable footprint of Lot 2 Pagel of 2 and the bulkhead aimed at maintaining the waterfront view for the residential unit.There is a 4-foot- wide strip of common area between residential lots 3 and multifamily lot 2 to be used for pedestrian access and fire protection.A pedestrian gate will be placed at this location which will be equipped for access by emergency officials as required. The project will have two phases of development. Phase 2 of the Portside PUD will consist of the 3 single family units (Lots 3-5),a multi-family lot consisting of condominiums units with common area (Lot 2) , as well as 4 of the proposed 16 residential cottage style homes (Lots 7-10).Additionally, all of Lot 6 shared common parking lot and driveways will be completed during this phase. Phase 3 of the Portside PUD will consist of the remaining 12 residential cottage style homes (Lots 12-17 and Lots 20-25),the remaining 2 multifamily condominium units (Lots 18 and 19) as well as the shared common area (Lot 11). PARKING AND OPEN SPACE A tabular summary of parking requirements and open space calculations is included on the Master Site Plan,Exhibit 2.The parking requirements follow the Cottage Guidelines outlined in UDC 4.7.16.B. Guest parking will be available via the public parking allowed on Leeward Drive. Golf cart parking spaces will be provided in addition to vehicular spaces required.Landscaping and/or screening walls will be constructed to screen the parking lot from the adjacent public streets. WARRANTY DEED&OWNER INFO The Special Warranty Deed for Padre Island, Section E, Block 4, Lot 5 is attached for reference. The Certificate or Formation for the owning Entity is attached for reference. MISCELLANEOUS Mc J's &Associates, LLC understands Unified Development Code (UDC) Paragraph 4.2.8.0 related to the distance of multi-family or non-residential structures from single-family areas and offers no objections to structures proposed on the adjacent tract that may be constructed in the future to no closer than 5-feet instead of the 1:2 distance ratio required in the UDC. This development will allow short term rentals. DEVELOPMENT DEVIATIONS Deviations from the proposed RM-AT zoning requirements are as follows: 1. The Yard Requirement along Leeward Drive and Granada Drive is reduced to 10-feet. 2. Building setbacks will be 5-feet minimum at the rear,4-feet minimum on the sides,and 2-feet minimum at the front adjacent to the common area lot. 3. The minimum lot area is reduced to 925 square feet. Page 2 of 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS sas SITE SITE VICINITY MAP sCALe 1 =3000 ------------ LOCATION MAP - SCALE I uo :s.. bolo qukk 0.elmence Gultle um(empyoln + m hu ion neomm ryq:a Mn'm waw Ixl ocen mss o."sM SITE �.I. w.�."»I I«� .,�.�. "�nWxl Ana, THE PORTSIDE P.U.D. ,n PHASE 2 AND 3 n DEVELOPMENT MAPS EXHIBIT 1 CURRENT ZONING MAP 032°21 NIS `-'��'°� �� � ' �-` Y YORK ENGINEERING STANDARDS FOR PROPOSED BASE ZONING DISTRICT NIS. °LANNING CONSULTING I" o i"ezEEn�w`ElINEC E4 EEI X'N PARKING TABULATION(PERU DC4.7.16.8&7.2.2.BGUIDELINES) TYPE UDC REQUIREMENT QUANTITY SPACES GRAPHIC SCALE *DWELLING 1,000-1,400S.F. 1.5 PER UNIT 16 24 LEGEND *DWELLING GREATER THAN 1,400S.F. 2PER UNIT 3 6 MULTIFAMILY DWELLING(CONDOS) 2 PER UNIT 20 40 1111--L SlN°LE raw GUEST(COTTAGE) **0.5 PER UNIT 16 8 11" - GUEST(MULTIFAMILY) **1 PER 5 UNITS 20 4 grace 1.aa,F.wax COMMON AREA 1 PER 10,000 S.F. 34,639 3.46 1111 -L wmn-rnwi TOTAL 85.46 SPACES REQUIRED 86 _ cowww aeea ON-STREET SPACES AVAILABLE 14 - owwes_aL aeea ON-SITE SPACES REQUIRED 72 ON-SITE SPACES PROVIDED 75 1 *DWELLING UN ITS ARE WITH]N 1,500 FEET OF A TRANSIT STOP LOCATED ——— — ——— — ——— — ——— — ——— — "` AT WINDWARD DRIVE. **PER UDC 4.7.16.B.GUEST PARKING MAYBE REDUCED BY THE NUMBER OF - PUBLIC ON-STREET PARKING SPACES AVAILABLE ADJACENT TO THE SITE. ao I 1 4 ��A 1 rzo mL v rza z THE PORTSIDE P.U.D. PHASE 2&3 MASTER SITE PLAN EXHIBIT 9/1212922 YYORK ENGINEERING 1 111 T1NR o;o12EE:�oA�K�1 E,A�����. -- -- -- --—————————————————— .�g ,a�noww aa�Pn�, —.—.—. . . . .—.—.—.— . .—.—. . . O °�� a s i I � epi I _-- ��==o�w� — — LEEWARD DRIVE j�arwo-v�� (100'R,0,W.) t ' UTILITY EXHIBIT = wR THE PORTSIDE PUD PHASE 2&3 Yc YORK ENGINEERING Zoning Case 1022-02 - / Mc J's and Associates, LLC. G�9 �R DISTRICT 4 v 4G�FRy✓ems a GGP Rezoning for a property at 14909, 14913, & 14917 Granada Drive From "RM-AT/10" to "RM-AT/10/PUD" 4GF @FqG Iv1u,l,lll tia aVaww`8'�ryd0 Islandy1/y��/��y � s 0 ✓�<9GF 9 4C �h'9y 2 �o SUBJECT\ �c PROPERTY W City of 44 ;' Corpus Esri,HERE, �. Christi LOCATION MAP City Council ��"r°� December 6, 2022 PUD Master Site Plan PARKING A9UWTIDU N(PEF 6.R&2.1.2.R GU I DELI NES) NPE U CC REQUI REMENT QUANT-SPACES '1/EU NC I.1::0"-"^T c.I '.IE3 JNll 29 LEGEND 'ID-LIN-=ATE-11 Lavo s.E z=ER..NIT , -LNFAMILI O--LIIN6(1--S) ]=FR..NII - GUESTICDTTA1-) "USP3R UVI- _ R av C-UFSII MULII " ' • COMMON AREA IPER f 4639 3.46 �csovmu nu�r r�wr U-AL 85.46 SPACfSk(Q_�IR(D: ftE �I�'w Ewe ON-SIF F=T iPACFS A�AILAPLF. O corEnxou anen CIA SITE SPACES REQUIRED: 72 ON-SIT SPACES PROVIDED 75 "DWELLING UV r'Vll OIIHIA SOC 1111 DfA S P_�A— — ---- Arwmow/ARn oRlvE xx PER LIJI�..' . - t PUNIC(ln S 'ARABLEAD CE F 1-1-10 I 1T. 01 THE PORTSIDE PUD. PHASE 2&3 MASTER SITE PLAN EXHIBIT s/rzaoa YORK ENGINEERING CLIVIL PLANNING CONSULTING •Iq++ Deviation Table Minimum "RM-AT" District "RS-TH" District Dimensions Standards Standards Proposed PUD • 5,000 sf. 1,600 sf. 925 sf. Yes Minimum Lot 50 ft. 16 ft. 16 ft. No Width Street 10 ft.(perimeter) • 20 ft. 10 ft. Yes 2 ft. (common area)Street Yard 10 ft. 10 ft. 10 ft. No FIR 5 ft. 0 ft. 4 ft. Yes • ( 5 ft. 5 ft. 5 ft. No i 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) Parking 2/unit(2 bedroom) 2/unit(2 bedroom) 0.5/unit(Cottage) Yes Requirement 1/5 units(guests) 1/5 units(guests) 2/unit(2 bedroom) 1/5 units(guests) • A one-way cycle track will be required along Leeward Drive. Zoning and Land Use PUD �Rgry9o90 12/20/2004 04/05/2016 Proposed Use: q Single-Family and Multifamily PUD AC�FRY"F�( `oof 12/20/2004 Area Development Plan: PUD Padre/Mustang Island Area Development Plan eRF"c 12/16/2019 PUD 09/08/2014 Future Land Use Map: RM-AT , Mixed Use -A�T,� Existing Zoning: ° "RM-AT/10" Multifamily AT District with the Island Fqc RH'FY Overlay O� h ���P Adjacent Land Uses: RS-6 • North: Medium Density Residential (RM-AT/10) RM-AT • South: Vacant and Medium Density Residential 12/20/2004 12/20/2004 (RM-AT/10) RM-AT N • East: Medium Density Residential (RS-TH/10/PUD) West: Vacant (RM-AT/10/PUD) �M AIT C\\`1_ `•�Rr 06/07/2021 R -A. �R Public Notification 73 Notices mailed inside 200' buffer °pgryq v 1 Notice(s) mailed outside 200' buffer 4 51 14 RS-TH 11 109 12 0 6 5 Notification Area 8 72 6869 27 j 34 /,j 6667 7 RM-A T35 % 65 Opposed: 0 (0.00%) 662364 RM=A,7 0 61 S-TH Separate Opposed Owners. 0 ��� 730 5 8 "w °F 36 .� 535455 -7 0 In Favor: 0 (0.00%) 2324 / 2 6 1 R� 6 R M-A T 32 33 47 49 50 19202 � C M 2 46 38 "Notified property owner's land in SQFT/Total square 445 48409 -AT footage of all property in the notification area = N 41 1317 C Percentage of public opposition. R`NNN11,1 /1 M-AT oR Analysis And Recommendation • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • The proposed PUD will allow Daily, Weekly, and Monthly rentals. The current "RM-AT/10" Multifamily AT District with the Island Overlay allows this use today. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). No significant concerns were raised by members of the TRC. • PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the change of zoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RM- AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development as presented in the Master Site Plan and Deviation Table. PUD Conditions 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Phase 2 and 3 Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 4 qp '04 CARR y� M Zoo qGF pR SUBJECT "� PROPERTY "� Vi��gGRe 1 y t RU,VN�'VG �, � �.. � • �R CASE. 1022-02 spaa", Island N O� Aerial View ��� "' S �a ® Subject Property n SUBJECT\ PROPERTY ■■►1■ City of Corpus Esri, HERE, Christi LOCATION MAP SC �o AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 12/06/2022 Second Reading Ordinance for the City Council Meeting 12/20/2022 µCORPOR I 1852 DATE: December 6, 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 3301 South Staples Street CAPTION: Case No. 1022-04 James Jones (District 2): Ordinance rezoning property at or near 3301 South Staples Street from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. SUMMARY: The purpose of this rezoning is to allow for a two-family (duplex) use. BACKGROUND AND FINDINGS: The subject property is 0.23 acres in size. To the north, south, and west are properties zoned "RS-6" Single-Family 6 District with medium-density residential uses. To the east is a large multifamily complex zoned "RM-1" Multifamily District. 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. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map and with many broader elements of the Comprehensive Plan. Public Input Process Number of Notices Mailed 20 within a 200-foot notification area 3 outside notification area As of October 14, 2022: In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 1.05% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family 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 to the "RS-TF" Two-Family District on October 5, 2022. Vote Count.- For: ount.For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1022-04 James Jones (District 2): Ordinance rezoning a property at or near 3301 South Staples Street from the "RS-6" Single-Family 6 District to the "RS- TF" Two-Family 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 Lot 16, Block 10, Casa Linda 7 Subdivision, as shown in Exhibit "A". From the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. The subject property is located at or near 3301 South Staples Street as shown in Exhibit A. Exhibit A, which is a 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 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette 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 4 Exhibit A \RM RM- 7' SUBJECT , .,j,X PRDPERTY r-� N N`� N� 4� S N� RS- 6 C, 9N Z O,p CASE: 1022-04 ~, SUBJECT PROPERTY WITH ZONING I/ lm. Gor�u; C.L1J a�w,�Qai Cflrl�li Subject Ag nos S, property y Ry h-1 Fpaetr Home Dk4Y9 -1 LbnlGeO nnisna�Ishlcl ,qo AAA AparVl HouEe❑kms -2 L1y111 Ind-3 A-2 Apa(nl tHou D" I-3 eavy HI'd—.:=ISIf1M AB PuAe 4onal omce DKmD d PuRarroa -:_:._ocr—' AT ApMnF L-TWR61DWM R-IA ore=;.-._,; = SUBJECT-, E" E" rl NefghWW BV61r DWM R-IB o9E=; ._,; _ 'W PROPERTY ElNE49MalaME6MNDSM R-1C oTi B-2 BZMMM 8LM4Mca IAStr4c'A R-2 11:p B-2A Bamle=nd Burdmm LY5011'A Rf4 B-3 BII61rE66 DIstrAM RE Res.^."'_ -_ i Q y B2 General BUNn DlEhtc R-TH TG:.: - 5z. A x' B-5 Primary Bud,—❑M-U SP 3.-,, - V m . H-6 P l.my Business Core M WL , TAA Trac_-'.I.Park Dlstrk.7 -......~r MY BD Opus Chhstl Beach Oesk�Dltt T 1B Ma•II.'a::netl Holme Pak Clstrld Ill I f f _ F-R F—Rual Dstki T. Ma fariuted Holme Subcll&l n (07111s HC Hlsmncacuarallara. DWM kl nstj -E:ri;FEFE. LOCATION Pttuer W Page 4 of 4 ZONING REPORT Case # 1022-04 Applicant & Subject Property City Council District: 2 Applicant/Owner: James Jones Address: 3301 South Staples Street Location: At the southwest corner of South Staples Street and Texan Trail Legal Description: Lot 16, Block 10, Casa Linda 7 Subdivision Acreage of Subject Property: 0.23 acres Pre-Submission/Early Assistance Meeting: 08/11/2022 Zoning Request From: "RS-6" Single-Family 6 District To: "RS-TF" Two-Family District Purpose of Request: To allow for two-family (duplex) use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant, Medium Density Medium Density District Residential Residential "RS-6" Single-Family 6 Public/Semi-Public andInstitutional and Medium North District Medium Density Density Residential Residential South "RS-6" Single-Family 6 Medium Density Medium Density District Residential Residential East "RM-1" Multifamily District High Density Residential High Density Residential West "RS-6" Single-Family 6 Medium Density Medium Density District Residential Residential Plat Status: Property is platted. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Street South Staples Al 95-foot ROW 140-foot ROW Street Minor Arterial 4 Lanes, 64-feet 4 Lanes, 62-feet Texan Trail Local/Residential 50-foot ROW 46 feet ROW 2 Lanes, 28 feet 2 Lanes, 26-feet Utilities Gas: 4" WS along the rear property line. Stormwater: 15" line along Texan Trail. Wastewater: Line along the rear property line. Water: 6-inch CIP line along the rear property line. 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 Southeast Area Development Plan (Adopted on July 11 , 1995). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed • 64 within a 200-foot notification area • 6 outside 200-foot notification area In Opposition • 1 inside notification area • 0 outside notification area • 1 .05% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: October 5, 2022 City Council 1St Reading/Public Hearing Date: December 06, 2022 City Council 2nd Reading Date: December 20, 2022 Subject Property Background: • The structure was built in 1960 and has 3,100 square feet of living space. • The garage was converted for a home occupation and served as a dentist's office until the 1990s. Note: The Unified Development Code allows a dental office as a home occupation The structure has 2 separate living spaces. • One side of the existing home has 3 bedrooms and 2.5 bathrooms. • The remainder of the home served as the dentist's office and will be renovated into the second dwelling unit. • The property has marginal access parallel to South Staples Street which allows for 2 parking spaces as well as a driveway on Texan Trail which allows for 3 parking spaces. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: Zoning Report Page 3 o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. • 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 Promote the stabilization, revitalization and redevelopment of older neighborhoods. o Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. o Encourage convenient access from medium-density residential development to arterial roads. o Encourage orderly growth of residential, commercial, and industrial areas. o Promote medium-density activities, such as apartments or office uses around commercial centers of high density, and the remaining area by low-density use such as single-family dwellings. 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. Future Land Use Map Consistency: The proposed rezoning to allow for a duplex, which would be medium density residential use is consistent with the Future Land Use Map: • Designated Future Land Use: Medium-density residential. Area Development Plan (ADP): Southeast The proposed rezoning is consistent with the following from the ADP: • The City Council, hereby, adopts the Future Land Use Plan and the accompanying text as a guide for future land use decisions. • Placing low-intensity activities next to single-family uses 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: • Compatible with the Future Land Use Map, which recommends medium-density residential which is approximately 4-13 du/ac. • The subject property is adjacent to single-family residential uses as well as high-density residential uses and provides a solid transition from land uses. • The subject property is located on a marginal access street, which is a local street parallel and adjacent to Staples Street — a minor arterial street. • There is sufficient road infrastructure for the proposed development. • Two-family housing addresses affordable housing issues. • The proposed rezoning is compatible with the general character of the neighborhood. 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 (October 5, 2022): Approval of the rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Zoning Report Page 5 Attachment A: Zoning and Notice Area 16 RM- 15 2 RM- 7 17 SUBJECT 0 1 4 PROPERTY tP CPA 3 cP cR� 11 4 12 RAS-6 5 10 13 v� 6 7 9 14 0 'A 7 8 CASE: 1022-04 , SUBJECT PROPERTY WITH ZONING + Subject tpvtas A Chf[511 Property Aa•a s W A-1 Apami House District I-1 LinK&d Industrial District AAA Apamien[House District 1,2 Lgt I^c.sMal District A-2 4witr nt House District 1-3 Heary I•c ustrial District r o\e AB Profess I Otfc Drs PUD P a,ned Unil Development I_L) AT Apatment-Tourist District R-1A One Family Dwelling Disltia -. B-1 Neighbodaod Business District R-1B One FaMiy Dwelling District SUBJECT\ B-1A Neighborhood Business District R-1C One Family Dwelling District •ro,. PROPERTY' B-2 BayRorrt Business D'rstri R-2 Mubple Dwelling District mry B-2A Barriertsland&nines District RA One Family Dwelling District n 83 Business District RE Fes dental Estate District y' , B4 General Business District R-TH Tow-house Dwelling Disl a ` B.5 Pr--Business District SP Sp-ia Penn¢ C C - B-B Prmary Business Core DBtrct T-1A Travel Trailer Park District 3 .s yam. 6D Corpus Christi Beach Design Diss T-16 Manufacwred Home Park District Cityr Of w >; Fail Farm Rural Dmtr T-1C Manufacwred Home Subdivision CorpL1ti a q HC Hso ca Cu ualLatdmak District $�'6.HEfdE LaCATlQIV MAP Preservation Christi as planning to attencl requ.. ial services, are requested to contact ',:Tvices Departrr,-.,, nouis in advance at (36 71240. Personas con incapaqoo_ades _,J _,v,,L;16n de asistir a esta iunta_yquffguieren servicios iales, se s�si ica�L�e den av iso 48 ,rp_ g§ptc antes de la junta llamAEdo al de a� larngnto de servicos de desarrollo aL,10meMJ361)_826-3240 It you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 46 hours in advance to request an interpreter be present during the meeting Si usted desea dirigirse a to commission durante-la junta y su in Ids es-jimitado, favor de Ilamar al departamento de servicios de desarrollo al n6mero (1611 826-3240-al-menos 48 h0ras antes de la junta f Lara sclpcitar un inte_te ser resents durante la 'unta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1022-04 James Jones has petitioned the City of Corpus Christi to consider a change of zoning from the "IRS-13" Single-Family 6 District to the "RM-TF" Two-Family District, not resulting in a change to the Future Land Use Map from medium density uses. The property to be rezoned is described as Lot 16, Block 10, Casa Linda 7 Subdivision, located on the southwest corner of South Staples Street and Texas Trail. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 5, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers- 1201 Leopard Street, You are invited to attend this public hearing to express your views on this rezoning request. For more information: ptease call (361) 826-3240. TO BE_ONj_RE_CCRD. THIS FORM MUST BE FILLED OUT, SIGNED 13Y THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE., In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person,by telephone call or by letter. Printed Nlarne: �,f5 Address: 3-30.5- City/State r7 IN FAVOR kAQ IN OPPOSITION Phone:3t- 5":;2 71,1:z- REASON I'llis subject site Is higl1l% ill' both chi(:u1ar and RaV 1-11gli Student Pedestrian trailic. N4()Fc aL[t(I.S Would have to be parked in the street, it Will itisl make a bad situation ,tore SEE MAP ON REVERSE SIDE "V Property Owner ID 6 Case No 1022-04 INFOR.22ZN 1033 Zoning Case Planner.Elena Buentello Email elenabAcrtexas.corr Phone: 361-826-3598 Zoning Case 1022-04 t.w t ��r� A James Jones DISTRICT 2 Rezoning for a property at t 3301 South Staples From "RS-6" to "RS-TF" �S'u BTECT � , xPa a ' PROPERTY Corpur. f` fi SUBJEC\ PROPERTY /�i efr• v F PER Esri,NERE,,•fbrmin, City Council December 06, 2022 Zoning and Land Use Proposed Use: Duplex RM- Area Development Plan: Southeast (July 11, 1995) RM-1 SUBJECT Future Land Use Map: PROPERTY ;gym Medium-Density Residential (4-13 dwelling units per acre) a Existing Zoning: "RS-6" Single-Family 6 District Adjacent Land Uses: RS-6 • North: High Density Residential (Zone: "RM-1") CASE: 1022Ii 04 • South: Low Density Residential (Zone: "RS-6") FUTURE ND USE N • East: High Density Residential (Zone: "RM-1") • West: Low Density Residential (Zone: "RS-6") Subject Property Background 0 The structure was built in 1960 and has 3,100 square feet of living space. 0 The garage was converted for a home �• �'' � occupation and served as a dentist's office until the 1990s. Note: The Unified Development Code allows a dental office - - w as a home occupation The structure has 2 separate living spaces. One side of the existing home has 3 ® °p bedrooms and 2.5 bathrooms. The remainder of the home served as the dentist's office and will be renovated into the second dwelling unit. The property has marginal access = ` parallel to South Staples Street which allows for 2 parking spaces as well as a a driveway on Texan Trail which allows for 3 parking spaces. Public Notification 64 Notices mailed inside 200' buffer 6 Notice(s) mailed outside 200' buffer 16 RM- Notification Area � Opposed: 1 (1 .05%) a PROPESUBJECT RM- v R SE*P'�, Separate Opposed Owners. I N 3 4 12 In Favor: 0 (0.00%) Rs s 5 10 Il 14 N "Notified property owner's land in SQFT/Total square Sop footage of all property in the notification area = 8 Percentage of public opposition. Analysis And Recommendation • Compatible with the Future Land Use Map, which recommends medium-density residential. • The subject property is adjacent to single-family residential uses as well as high-density residential uses and provides a solid transition from land uses. • The subject property is located on a marginal access street, which is a local street parallel and adjacent to Staples Street—a minor arterial street. • There is sufficient road infrastructure for the proposed development. • Two-family housing addresses affordable housing issues. • The proposed rezoning is compatible with the general character of the neighborhood. PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning request from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District f r I k .� SUB,lECT N ,+ TY N� N o a F„ i,. 110, ♦ �► p r �n w Bay CASE: 1022-04 ; N WE � ^IV-4��. VA Ru'0111dor S Aerial View d� Rd orpus —1—d s l hristi a Corp Subject „ N Chm n ® Property Ba,: �n b s� (763J °s SUBJECT\" 010,019. PROPERTY 9i�a Q` o` ■,1 � S' 2D H°�y e D pad City of c n Esri,HEWS Garmin, Christi SID GeoTALOCATION MAP �vs cr �o 0 0-0U NogPORpYEo AGENDA MEMORANDUM xss2 One Reading for the City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager THRU: Neiman Young, Assistant City Manager neimany@cctexas.com (361) 826-3082 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 FY 2023 Operational Budget Adjustment Engineering Services Department CAPTION: One-reading Ordinance increasing Engineering Inspection Fees; approving the addition of four full-time positions with required salaries, benefits, and equipment to the Engineering Services Department budget; and amending the FY2023 Operating Budget with funding coming from the FY 2023 Capital Improvement and Operational Budgets as required. SUMMARY: This ordinance increases the Engineering Services Department residential and commercial public improvement construction inspector positions from seven (7) to eleven (11). The increase in positions will allow the project workload per inspector to be reduced which affords each inspector more time for construction oversight on residential and commercial projects. BACKGROUND AND FINDINGS: Rehabilitation of our City's roadways has been a major focus for this Mayor and Council. As such, Council requested that the Engineering Services Department evaluate their current residential and commercial public improvement construction inspection team workload. The purpose of this evaluation was to determine if the current staffing is adequate to ensure new residential roadways are built according to City design standards. Engineering Services performed an evaluation of the current inspection team public improvement project workload and found that, on average, each inspector can spend approximately only two and a half (2.5) hours per day per residential development project. It's Engineering Services opinion that the optimal amount of time spent inspecting any given residential development should be approximately three to four (3-4) hours per day. The increase in inspection time spent per residential development will allow the construction inspector the time necessary on each project to ensure the development contractor is following the approved construction drawings and complying with the City's design standards. To meet this requirement, the number of full-time construction inspector positions would need to be increased from seven (7) to eleven (11). The increase in inspection staff will allow the project workload per inspector to be reduced and increase the time each inspector can spend approximately four (4) hours per day per residential development project. The total cost to add four (4) full time construction inspectors is five hundred-seventy thousand dollars ($570K). The City will recover one hundred percent (100%) of the total cost by adjusting the previously approved Public Improvement Inspector fee structure to account for the increased cost. The current approved fee structure is: Public Improvement Inspection Fee (ORIGINAL) Description Fee Current Fee $ % (FY22) (FY23) Change Change Public Improvement without a Plat $175 $233.33 $58.33 33% Public Improvement with a Non-$225 $300 $75.00 33% Preliminary Plat Plus (+) per lot over 24 lots $25 $33.33 $8.33 33% The new proposed fee structure is: Public Improvement Inspection Fee (PROPOSED) Description Current Proposed $ Change % Fee (FY23) Fee (FY23) Change Public Improvement without a Plat $233.33 $515.75 $282.42 121% Public Improvement with a Non-$300 $663.11 $363.12 121% Preliminary Plat Plus (+) per lot over 24 lots $33.33 $73.68 $40.35 121% Aside from the amount of time spent inspection residential projects, Council has requested that staff review the requirements set for development in the Infrastructure Design Manual (IDM). The IDM-Chapter 6 for Street Design Requirements is currently under review for pavement design. The draft was first published for public comment on September 30, 2022, for a thirty-day public comment period. The public comment period will end on October 31, 2022. The public comments were then reviewed and addressed. The revised standards were made available to the public for one more 30-day comment period between November 18 — December 2. The final revisions to the IDM will be effective December 12, 2022. The approval of this item will allow Engineering Services adequate staffing to efficiently and effectively enforce the City's building standards. ALTERNATIVES: Council could choose not to approve the request for additional staff which will result in a reduced amount of time spent inspecting residential and commercial public improvement projects. This option would put the city at a higher risk of receiving deficient roadways which leads to increased repairs, maintenance, and more frequent road replacements. FISCAL IMPACT: The item proposes to amend the FY 2023 Operating Budget to increase revenues that will derive from fees charged to developers to add four (4) full-time construction inspector positions and expenditures in the Engineering Services Department. Funding Detail (Remaining Year): Fund/Org: Engineering Services / Major Projects (Fund 5310/Org 11150) Mission Elem: Manage Projects (ME 011) Project No.: N/A Account: N/A Activity: N/A Amount: Upon approval of Ordinance RECOMMENDATION: Staff recommends approval of the Ordinance to add four (4) full-time positions with required salaries, benefits, and equipment to the Engineering Services Department. LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Budget Adjustment Presentation Streets (New Construction) Accelerated Deterioration Spreadsheet Streets (New Construction) Accelerated Deterioration Maps Street Warranty Claims Spreadsheet One-reading Ordinance increasing Engineering Inspection Fees; approving the addition of four full-time positions with required salaries, benefits, and equipment to the Engineering Services Department budget; and amending the FY 2023 Operating Budget with funding coming from the FY 2023 Capital Improvement and Operational Budgets as required. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Code, Section 14-1351 , Public Improvement Fees is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-1351 Public Improvement Fees PUBLIC IMPROVEMENT FEES Fee Description Year 1 Year 2 Year 3 Year 4 10/1/2021— 10/1/2022— 10/1/2023— 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 PIP - Public Improvement Plan Review <1 acre* $1,629.00 $1,791.90 $1,971.09 $2,168.19 1-5 acre* $2,046.00 $2,250.60 $2,475.66 $2,723.23 >5 acre* $3,675.00 $4,042.50 $4,446.75 $4,891.43 Site Development* $1,629.00 $1,791.90 $1,971.09 $2,168.19 Minor Reviews* (single fire $250.00 $275.00 $302.50 $332.75 hydrant or utility connection) DSD Administration 4.5% on all permits and fees under Sec. 14-1351 indicated Surcharge with* Engineering Inspections (Engineering Services) Public Improvement without $175.00 $'� t'� $359.99 a plat 515.75 574.08 632.42 Public Improvement with a $225.00 per $999.99 x-99 per $499.99 per non-preliminary plat acre plus 5663.11 per 5738.12per per $25.00 per acre plus acre plus acre plus lot over 24 lots per per per lot over 24 lot over 24 lot over 24 lots lots lots After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 2. The Corpus Christi FY2022-2023 Operating Budget is amended to increase the number of full-time employees in the Engineering Services Department by four with required salaries, benefits and equipment. SECTION 3. Upon the written request of the Mayor or majority of the members of the Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor {rt Corpus Chr sti Engineering Engineering Services City Council December 20, 2022 Public Addition Current Construction Inspection Team: FY2023 New Original Approved fee Inspectors New Estimate • Total of 9 construction inspectors PIP without plan Estimate at 67% Cost at 100% Revenue Fee $ 350.00 $ 282.42 • Six (6) inspectors are 100% dedicated and Typeof Inspection FY2022 Estimated Quantity 20 20 20 20 three (3) are -50% dedicated 50% 67% 100% • Annual cost of team ^$725K 175.00 $ 233.33 $ 282.42 $ 515.75 Estimated Revenue 3,500.00 $ 4.666.60 $ 5,648.47 $ 10.315.07 Original Proposed New Construction Inspection Team: Original approved fee Additional New Estimate Plats(non-preliminary) Estimate at 67% Cost at 100% Revenue • Add 4 new construction inspectors Fee $ 450.00 $ 363.12 e of Inspection FY2022 • Total of 11 construction inspectors Estimated Quantity 1108.04 1108.04 1108.04 1108.04 • Inspectors will be 100% dedicated 50% 100% 225.00 $ 300.00 $ 363.12 $ 663.11 • Annual cost of team -$1.3M (-$570K increase) Estimated Revenue 249,309.00 $332.407.25 $402,346.76 $734,754.01 • Increase time spent on each subdivision Original Proposed inspection b 1.5 hours da Original approved fee Additional New Estimate Ins p y hours/day Plus + per lot over 24 lots Estimate at 67% Cost at 100% Revenue Fee 50.0 $ 50.00 $ 40.35 Type of Inspection FY2022 Estimated Quantity 4000 4000 4000 4000 50% 100% 25.00 $ 33.33 $ 40.35 Estimated Revenue 100,000.00 $133,331.43 $161,384.77 $294.716.20 Actuals Difference Total Revenue Collected 1470,405.28 $569,380.00 1,039.785.28 2 a n(p r: !r f yi 1} 4 a 1 l a - -Owi I . Example .e .e Street Failure I : ............... � a y „ Subdivision Contractor Developer Warranty Claim Year Number of Deficiencies Rancho Vista Unit 12 Max Underground Bart Braselton 2016 3 Shoreline Oaks Unit 4 Max Underground Live Oak Construction 2016 1 Improvements to Boardwalk Max Underground ONAC 2016 2 Rancho Vista Unit 13A Max Underground Bart Braselton 2017 1 Sandy Creek Unit 2 Halo Contracting Pam Land Investment 2017 3 London Village George Motsaghasi 2017 7 Cayo Del Oso Unit 1 Tejas Plumbing,Inc Southside Ventures 2017 2 The Promenade Tejas Plumbing,Inc South Staples LLC 2017 1 Sun George Village Unit 1 Tejas Forensic Engineering Mostaghasi Investments Trust 2017 4 Rolling Acres Unit 3 BBG Services MVR Construction 2018 5 Country Club Unit 20 BBG Services MVR Construction 2018 10 Rancho Vista Unit 15 Max Underground Bart Braselton 2018 3 Parkview Unit BBG Services MPM Development 2018 2 Barclay Grove Unit 12 Halo Contractor Golden Real Estate 2018 3 Heritage Crossing Estates Abel's Paving Scott Mandel 2018 16 Starlight Estates Unit 1 BBG Services MPM Development 2019 1 Tropic Estates Unit 3 Tom Oaks Construction MHJ Development 2019 4 Water's Edge at Kitty Hawk Unit 2 J.Carroll Weaver Kitty Hawk Development 2019 3 Parkview Unit 3 BBG Services MPM Development 2019 2 Starlight Estates Unit 3 BBG Services MPM Development 2020 4 Riverbend Subdivision Unit 2 MPM Development MPM Development 2020 3 Airline Estates Vargo Plumbing&Utilities,LLC Azali Enterprise Inc. 2020 8 Woodside Subdivision Vargo Plumbing&Utilities,LLC Ricks Homes LLC 2021 6 Sandy Creek Unit 3 Halo Contracting/Tejas Plumbing Pam Land Investment,Inc/Fox Tree 2021 1 Royal Oak Unit 1&2 BBG Services MPM Development 2021 2 Starlight Estates Unit 2 BBG Services MPM Development 2021 6 Starlight Estates Unit4 BBG Services MPM Development 2021 5 London Towne Unit 1 MVR Construction MVR Construction 2021 6 Crosswinds Estates Unit 2 BBG Services MPM Development 2021 9 Azali Estates Dynamic Asphalt Dorsal Development LLC 2021 3 Coves at Lago Vista Max Underground Live Oak Construction 2022 3 Rancho Vista Unit 17 MVR Construction Yorktown Oso Joint Venture 2022 6 Swan Village Unit 1 Mostaghasi Enterprises,Inc Mostaghasi Enterprises,Inc 2022 3 Stonegate Unit 2 Max Underground Superior H&H Development LLC 2022 3 Yorktown Heights MVR Construction MVR Construction 2022 1 New Construction from 2011 to 2014 STREET FROM TO DISTRICT M PC CLASS DATE CONST Ag, P,,di,t,d Dg,,d,ti,, P,,di,t,d Pa A,t,,l 2018 Pa Pa Uff,,.... ARYAN CT MONTSERRAT DEAD END 5 LOCAL 2011 7 14 86 55 -31 Roadway Total 88 ANTOINETTE DR PINE DALE DR SHORELINE VISTA DR 4 LOCAL 2011 7 14 86 67 -19 Faster Degredation 49 MAXIMUS DR KEIGHLEY CROSSING WILDFIRE DR 5 LOCAL 2013 5 10 90 72 -17 Percentage 56% CANTABRIA CHOCTAW COSTA BONA 3 LOCAL 2014 4 8 92 75 -17 BALLAD TREE DR BIG CYPRESS BAYOU BIG CYPRESS BAYOU 1 LOCAL 2014 4 8 92 75 -16 OSHMAN DR AHUJA DEAD END 5 LOCAL 2014 4 8 92 76 -16 MONTSERRATDR GINGERBERRYDR ARYAN 5 LOCAL 2011 7 14 86 72 -14 BRENTRIDGE LAKE GENEVA YORKTOWN BLVD 5 LOCAL 2012 6 12 88 74 -14 PRESIDENT DR GIANTS DR DEAD END 5 LOCAL 2013 5 10 90 76 -14 LAS ESTRELLAS BARLOVENTO LUZ DE LUNA 4 LOCAL 2014 4 8 92 79 -13 RHUMBATRAIL SEDALIA DEAD END 1 LOCAL 2014 4 8 92 79 -12 NOVA SCOTIA DR MAHBI ELLIE 4 LOCAL 2014 4 8 92 81 -11 GIANTS DR LIPES PRESIDENT 5 LOCAL 2013 5 10 90 79 -10 BRIDGETT DR MAXIMUS ADRIAN DR 5 LOCAL 2012 6 12 88 78 -10 BARLOVENTO ST RESPLANDOR LAS ESTRELLAS 4 LOCAL 2014 4 8 92 83 -9 MAHBI DR NUNAVUT NOVA SCOTIA 4 LOCAL 2014 4 8 92 83 -9 COOL BREEZE WESTWIND SOUTH WIND 5 LOCAL 2013 5 10 90 81 -3 FORT GRIFFEN DR LAU RELAS REPCON 5 LOCAL 2014 4 8 92 84 -8 MERLIN PL BISON DR GUINEVERE ST 5 LOCAL 2014 4 8 92 84 -3 NUNAVUT DR ELLIE MAHBI 4 LOCAL 2014 4 8 92 84 -7 BATTERY PARK CT BRONX DEAD END 5 LOCAL 2014 4 8 92 85 -7 COSTA BONA ST BESTERIO CANTABRIA 3 LOCAL 2014 4 8 92 85 -7 DOMINION CT OSO PKWY SOUTH DEAD END 5 LOCAL 2014 4 8 92 85 -7 ECKNER AMADAS DR NEGIN 5 LOCAL 2013 5 10 90 83 -7 ELLIE DR NOVA SCOTIA NUNAVUT 4 LOCAL 2014 4 8 92 85 -7 KEENLAND RD LOUISVILLE DR RED MILE RD 4 LOCAL 2013 5 10 90 83 -7 KING RIVER CT SOUTH OSO PKWY DEAD END 5 LOCAL 2014 4 8 92 85 -7 KOLDA DR BREEDING DR AHUJA 5 LOCAL 2013 5 10 90 83 -7 SHALLOW CREEK DR STONEWALL CREEK VIEW DR 1 LOCAL 2013 5 10 90 83 -7 COOL BREEZE WINDY WAY WEST WIND 5 LOCAL 2012 6 12 88 81 -6 CATTLEMEN DR HIGH GUN DR VANESSA 5 LOCAL 2013 5 10 90 84 -6 KING RANCH KING TRAIL DEAD END 5 LOCAL 2012 6 12 88 82 -6 LEGENDS DR OSO PKWY SOUTH DEAD END 5 LOCAL 2014 4 8 92 86 -6 SOUTHWIND COOL BREEZE BRATTON 5 LOCAL 2013 5 10 90 84 -6 SUMMER WIND AARON BRATTON 5 LOCAL 2013 5 30 90 84 -6 PRAX MORGAN PL ELIZONDO DR DR HECTOR P GARCIA DR 5 LOCAL 2013 5 10 90 85 -5 EXCALIBUR RD PRINCESS PEGHA DEAD END 5 LOCAL 2013 5 10 90 85 -5 LOUISVILLE DR PURDUE TATES CREEK RD 4 LOCAL 2013 5 10 90 85 -5 PONTCHARTRAIN LAKE SUPERIOR BRENT RIDGE DR 5 LOCAL 2012 6 12 88 83 -5 PRINCESSIEAN PL PRINCECHARLES ROCK CREST 5 LOCAL 2013 5 10 90 85 -5 PRINCESS PEGHA PL ROCK CREST DR EXCALIBUR RD 5 LOCAL 2013 5 10 90 85 -4 ROCK CREST DR KING DAVID PL DEAD END 5 LOCAL 2013 5 10 90 85 4 COOL BREEZE DEAD END WINDYWAY(W) 5 LOCAL 2011 7 14 86 81 -4 LAKE GENEVA BRENTRIDGE LAKE SUPERIOR 5 LOCAL 2012 6 12 88 84 4 SHAYAN CT MONTSERRAT DEAD END 5 LOCAL 2012 6 12 88 84 -4 PRINCE CHARLES PL KING DAVID PL DEAD END 5 LOCAL 2013 5 10 90 86 -3 LAKE SUPERIOR LAKE GENEVA YORKTOWN BLVD 5 LOCAL 2012 6 12 88 85 -3 CALGARY CT CALGARY DR DEAD END 4 LOCAL 2011 7 14 86 83 -3 NILGAI KING RANCH DEAD END 5 LOCAL 2012 6 12 88 85 -3 IDLE HOUR DR PRAX MORGAN DR DEAD END 5 LOCAL 2013 5 10 90 89 -1 SIR MOSES PL KING DAVID PL DEAD END 5 LOCAL 2011 7 14 86 85 -1 ADRIAN DR WILDFIRE DR BRIDGET 5 LOCAL 2013 5 10 90 89 -1 SHADI ROSCHER AIRMAN 4 LOCAL 2014 4 8 92 91 -1 SOUTH LAKE DR SLOUGH RD EAST LAKE DR 5 LOCAL 2014 4 8 92 91 0 PAVO REAL ST PAJARO CARDINALES LN 4 LOCAL 2014 4 8 92 92 0 ELIZONDO DR PRAX MORGAN PL DEAD END 5 LOCAL 2013 5 10 90 90 0 PAJARO CISNE PAVO REAL 4 LOCAL 2014 4 8 92 92 0 11/10/2021 1 of 2 New Construction from 2011 to 2014 STREET FROM TO DISTRICT M PC CLASS DATE CONST Ag, P,,di,t,d Dg,,d,ti,, P,,di,t,d Pa A,t,,l 2018 Pa PCI Diff,, RUSS LN BREEDING DR AHUJA DR 5 LOCAL 2013 5 10 90 90 0 SALOUMEH WAY ACUSHNET ROBINA 5 LOCAL 2014 4 8 92 92 0 SIR NICKOLAS GOLDRUSH YEAGER 1 LOCAL 2014 4 8 92 92 0 ANASTASIA BRATTON COOL BREEZE 5 LOCAL 2013 5 10 90 91 0 AQUILA CHACHALACA PAVO REAL 4 LOCAL 2014 4 8 92 93 1 ROBINA LN ACUSHNET SALOUMEH 5 LOCAL 2014 4 8 92 93 1 TRUXTON AIRLINE CROSSING DR NEGIN 5 LOCAL 2013 5 10 90 91 1 YEAGER DR SIR NICKOLAS HERCULES 1 LOCAL 2014 4 8 92 93 1 NEGIN DEAD END EFFAT 5 LOCAL 2013 5 10 90 92 1 TARKLE RIDGE NEGIN MORTETZA 5 LOCAL 2013 5 10 90 92 1 ARSHIA WOOLDRIDGE DEAD END 4 LOCAL 2013 5 10 90 92 2 AHUJA DR SLOUGH RD RUSS 5 LOCAL 2014 4 8 92 94 2 KING HENRY PL KING GEORGE PL DEAD END 5 LOCAL 2014 4 8 92 94 2 AIRMAN ROSCHER SHADI 4 LOCAL 2014 4 8 92 95 3 CEDRO DR ENNISJOSLIN RD PAJARO 4 LOCAL 2014 4 8 92 95 3 GREEN JAY CT SOUTH OSO PKWY DEAD END 5 LOCAL 2014 4 8 92 95 3 JUSTUS DR STAMPEDE DR ELIZONDO 5 LOCAL 2013 5 10 90 93 3 SERENO WOOLDRIDGE BARLOVENTO 4 LOCAL 2014 4 8 92 95 3 WATERMAN IDLE HOUR ELIZONDO 5 LOCAL 2013 5 10 90 93 3 SUMMERTIME BRATTON COOL BREEZE 5 LOCAL 2012 6 12 88 91 3 KING DAVID PL ROCK CREST DR BISON DR 5 LOCAL 2011 7 14 86 89 3 TATEWAY DEAD END DEAD END 5 LOCAL 2013 5 10 90 94 3 LAN DS END CATTLEMEN VANESSA 5 LOCAL 2013 5 10 90 95 4 NESS CATTLEMEN LAND END 5 LOCAL 2013 5 10 90 95 5 RED MILE RD KEENLAND RD TATES CREEK RD 4 LOCAL 2013 5 10 90 95 5 SPRINGWIND COOL BREEZE BRATTON 5 LOCAL 2012 6 12 88 93 5 WILDFIRE DR MAXIMUS ADRIAN 5 LOCAL 2013 5 10 90 95 5 TATES CREEK RD LOUISVILLE DR FLOUR BLUFF 4 LOCAL 2013 5 10 90 95 5 HIGH GUN DR CATTLEMAN DR FORT GRIFFEN DR 5 LOCAL 2011 7 14 86 93 7 WESTWIND COOL BREEZE BRATTON 5 LOCAL 2012 6 12 88 95 7 WIN DY WAY BRATTON COOL BREEZE 5 LOCAL 2011 7 14 86 94 8 11/10/2021 2 of 2 DISTRICT 1 MAP 1 wf � s 84 r l a�7 m" im51R� �j �F 4.F � "NICROLIIS Jg f``�4 q d+ F i� �rca0�3"6 �.rcw 3 Legend ' 2011 to 2014 New Streets E Difference Failed a Good DISTRICT,3M P,25 Ll 1.1111 y I Nil m1fl in, LLJ egen P2011 to 2014 New Streets E' Difference F.iled G.od DISTRICT 4 INSETMAP SEE INSET MAP ar� g � �+' °" ,.."'"e'�i 4�C i s ��.p•ysn•E.,'s4 3.w m° 3 £ R� 42 �e ",aA e°s,•,..,,e� ei AWP Wa s4:_.._ �::. i� o &- El ,s — t IMP 6,aap BMQ 2011 to 2014 New Streets ' O Difference w o � Failed Good �i@ DISTRICT5 -uFU 51d RUSS H11GHG IMP 2011 to 2014 New Streets Difference KIN G..d 0'� H V AGENDA MEMORANDUM CORPOR I First Reading Ordinance City Council Meeting December 20, 20222 1852 Second Reading Ordinance City Council Meeting January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4(a-)-cctexas.com (361) 826-3133 Lease Agreement with Coastal Bend Cricket Club for a Cricket Pitch at 4033 Greenwood Drive CAPTION: One reading ordinance authorizing a five-year Lease Agreement with Coastal Bend Cricket Club which will allow for Coastal Bend Cricket Club to have to access to and use of a cricket pitch that will be constructed by the City at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. SUMMARY: The purpose of this agenda item is to execute a five-year lease agreement with Coastal Bend Cricket Club which provides for the maintenance, operation, and use of a cricket pitch to be installed by the City, at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. Since 2021, the Parks and Recreation Department has received multiple comments to the City's lack of amenities for Cricket play. Establishing a cricket field will assist with the mission and objectives of the Parks and Recreation Department as well as encourage sports tourism. BACKGROUND AND FINDINGS: In August 2022, Coastal Bend Cricket Club presented a proposal for cricket sport amenities for Corpus Christi residents and guests. Staff provided Coastal Bend Cricket Club with several park options that would accommodate a cricket field. In September, site visits took place at Brockhampton Park, Parkview Park and the Westside Pony Field #2, located at 4033 Greenwood (within the boundary of Salinas Park). Coastal Bend Cricket Club deliberated on the park options and selected the Westside Pony Field #2 for the cricket field. In October, Staff evaluated that the selected site is suitable for this type of activity and the contract agreement was initiated. A draft of a conceptual site plan has been conveyed by Staff, approximating the cricket field layout and dimensions to be within the perimeter of 1,200 feet. The cricket pitch will be constructed by the City in accordance with the site plan and specifications. Coastal Bend Cricket Club will utilize the field for organized cricket activities, and for no other purpose without the Parks and Recreation Director's prior written approval. Coastal Bend Cricket Club will maintain a representative Board of Directors to be answerable and responsible to the provisions of the contract agreement. All employees or volunteers shall be employees of Coastal Bend Cricket Club Employees or volunteers will assist in running leagues/tournaments and maintaining the maintenance standards set out by the City. Coastal Bend Cricket Club is responsible for providing all necessary equipment/supplies to operate and maintain the property. This includes all equipment and supplies needed to operate programs and maintain the facility to meet City standards. Coastal Bend Cricket Club is also responsible for the sanitation and cleaning of the property. The City will be responsible for all mowing/watering of the property and any standard maintenance beyond sanitation and cleaning. This includes maintenance, repairs, and replacing the cricket pitch as deemed necessary by the Parks and Recreation Director. Any object permanently affixed to City property, including the cricket pitch, is City property. The Parks & Recreation Department also will make any necessary improvements to the site to accommodate the cricket pitch. The City retains joint use of the property and improvements during the term of the agreement, subject to Coastal Bend Cricket Club's right to exclusive control of the property during its intended use. Requests for scheduled organized activities by other organizations will be reviewed for approval/denial by the Director and Coastal Bend Cricket Club A core pillar of the Parks and Recreation Department's mission is to promote healthy lifestyles and physical activity; to provide every resident and visitor environments/opportunities to live, learn, and play. Further, a stated objective of the 10-Year Parks, Recreation & Open Space Master Plan is to expand recreational facility offerings/access to park amenities to meet the interests of City residents. In consideration of the City's lack of any cricket fields, and multiple community members contacting the Parks and Recreation Department expressing interest in establishing a cricket field, this lease will help satisfy those missions and objectives. Expanding recreational facility offerings will encourage sports tourism by allowing cricket teams to travel from areas such as Houston, Austin, and San Antonio to participate in tournaments, providing increased revenue for hotels and restaurants. The term of the lease agreement contract is for five years, beginning on the date of execution following City Council approval. Coastal Bend Cricket Club will lease the facility rent-free, except that, if Coastal Bend Cricket Club charges for tournaments or other use of the facility, they shall pay as rent, on a monthly basis, an amount equal to 30% of the revenue received from the operation of the property. Payment of rent is due no later than the 15th day of each month for the revenue received in the previous month. ALTERNATIVES: The alternative is not to approve the proposed lease agreement, thereby reducing the diversity of recreational sports offered to residents and visitors as well as a potential loss of revenue from traveling cricket teams from surrounding areas. FISCAL IMPACT: The fiscal impact for this item for the installation of the cricket pitch will be funded with funding available from FY 2023 Parks General Fund Budget. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage and maintain parks, beaches, open spaces Project # (CIP Only): N/A Account: 550910 Construction contract RECOMMENDATION: Staff recommends approval of ordinance authorizing the five-year lease agreement with Coastal Bend Cricket Club which will allow for Coastal Bend Cricket Club to have to access to and use of a cricket pitch that will be constructed by the City at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park, as presented. LIST OF SUPPORTING DOCUMENTS: Presentation Agreement Ordinance One reading ordinance authorizing a five-year Lease Agreement with Coastal Bend Cricket Club which will allow for Coastal Bend Cricket Club to have access to and use of a cricket pitch that will be constructed by the City at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a 5-year lease agreement with Coastal Bend Cricket Club which provides for the maintenance, operation, and use of a cricket pitch, to be installed by the City, at the Westside Pony Field #2, located at 4033 Greenwood Drive, within the boundary of Salinas Park. SECTION 2. The necessity of making an official canvass of votes and declaring the results thereof immediately in order to meet the requirements of State Law and the City Charter, and the need for efficient and effective administration of the City's affairs, creates a public emergency requiring the suspension of the City Charter rule that no ordinance be passed finally on the date of its introduction but that such ordinance shall be read at two regular meetings of the City Council, and the Mayor having declared that such emergency exits, having requested the suspension of the City Charter rule that this ordinance be finally passed on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 20th day of December 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith 1 LEASE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND COASTAL BEND CRICKET CLUB, FOR THE WESTSIDE PONY FIELD #2 THIS LEASE AGREEMENT ("Agreement"), is between the City of Corpus Christi (the "City"), and the Coastal Bend Cricket Club, a Texas non-profit corporation (the "Lessee") for the installation, maintenance, and use of a cricket pitch at Westside Pony Field #2, located at 4033 Greenwood, within the boundary of Salinas Park. NOW, THEREFORE, the City and Lessee agree as follows: 1 . The City hereby leases to the Lessee, for the term of described in Section 4 below, the certain property located at Salinas Park, in the City of Corpus Christi. Said property and facilities shall consist of Westside Pony Field #2, which is located at 4033 Greenwood, in Corpus Christi, Nueces County, Texas (the "Property")as shown and described in Exhibit A, and will include a cricket pitch to be installed on the Property. The Lessee hereby agrees to utilize said Property for organized cricket activities. In the event that the Lessee shall, at any time during the term of this Agreement, utilize the Property for any activity other than organized cricket activities without the express written consent of the Director of Parks and Recreation Department of the City of Corpus Christi (the "Director"), this Agreement shall terminate. The City reserves the right to cancel or modify this contract by notifying the Lessee of those changes in writing with 60 days' notice. 2. The City shall install a cricket pitch on the Property that approximately conforms to the site plan and specifications, attached hereto as Exhibit A. The cricket pitch will be City property. 3. With regard to the use of the Property for organized cricket activities, the City and Lessee agree as follows: a. Lessee must establish and maintain the sport use of the Property with the primary purpose being for the operation of cricket league(s) and for no other purpose without the Director's prior written approval. Lessee shall have a sufficient number of employees or volunteers to assist in running leagues/tournaments and maintaining the maintenance standards set out by the City of Corpus Christi. All employees shall be employees of the Lessee, not the City. b. Lessee will provide suitable signage at the Property advising the public that the Property is operated by the Lessee under a lease agreement and not operated by the City. Lessee shall ensure all employees conduct themselves in an orderly manner. Lessee and employees shall use language and conduct that is suitable for families and youth. z c. Lessee must notify the Director of all dangerous conditions or special defects. Lessee must not use, or allow to be used, any areas of the Property, which has dangerous conditions or special defects. d. Lessee shall be responsible for providing all necessary equipment and supplies to operate and maintain the Property in accordance with this Agreement. This includes all equipment and supplies needed to operate programs and all equipment needed to maintain the facility to meet City standards. A schedule of hours of operation must be posted at the Property and a copy submitted to the Director. e. Lessee will lease the facility rent-free, except that, if Lessee charges for tournaments or other use of the facility, Lessee shall pay as rent, on a monthly basis, an amount equal to 30% of the revenue that Lessee receives from the operation of the Property. Payment of rent is due no later than the 15th day of each month for the revenue received in the previous month. Once the rent obligation is triggered, Lessee must provide evidence of Crime/Employee Dishonesty insurance in accordance with Exhibit B. f. The Parks and Recreation Department may, at any time during the period of this Agreement, submit a written request to the Lessee for an audit of all operating funds of the Lessee. The findings of this audit must be turned into the Director no more than ten days after the written request is made. Any and all costs related to this audit will be the responsibility of the Lessee. g. City retains joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for Lessee's purposes. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. h. City retains the right to use or cross the Premises with utility lines and/or easements. City may exercise these rights without compensation to Lessee for damages to the Premises and/or any Improvements from installing, maintaining, repairing, or removing the utility lines and/or easements. City must use reasonable judgment in locating the utility lines and/or easements to minimize damage to the Premises and/or its Improvements. 4. The term of this Agreement is for five years beginning on the date of execution of this Agreement, following City Council approval. 5. Throughout the term of this Agreement, Lessee is responsible for full compliance with the following terms: a. Insurance. Lessee must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Director 3 upon execution of this Agreement. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Exhibit B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. b. Liability Release. Lessee will provide a written legible release executed by each participant or the parent or legal guardian of each participant who is a minor in the form attached hereto as Exhibit C. Said liability releases must be submitted at least ten days prior to the first activity each league season or tournament. c. INDEMNIFICATION. By execution of this Agreement and, in consideration of being allowed to use the Property for organized cricket activities, Lessee agrees to indemnify and hold harmless the City of Corpus Christi and its officers, officials, employees, representatives, and agents (collectively, the "City") from and against any and all claims, demands, actions, damages, liabilities, losses, cost, expenses, and judgments, including court costs and all reasonable attorneys' fees, recovered from and asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises defects) to the extent any such injury or damage may be incident to, arise out of, or be caused by, either proximately or remotely, wholly or in part, an act or omission, negligence, or misconduct on the part of the City or on the part of the Lessee or any of its employees, servants, members, patrons, guests, licensees, or invitees entering upon the Property to use, occupy, maintain, or improve the Property under the scope of this Agreement or in violation of any law, ordinance, or governmental order of any kind. Lessee agrees that these terms of indemnification are effective upon the final execution of this Agreement and, whether such injury or damage may be caused by or result from the sole negligence, contributory negligence, or concurrent negligence of the City but not if such injury or damage may be caused by or result from the gross negligence or willful misconduct of the City. Furthermore, Lessee agrees that, in case the City or any of its officers, officials, employees, representatives, or agents is made a party to any litigation against the Lessee or in any litigation commenced by any party other than the Lessee, the Lessee shall, upon receipt of notice, and at its own expense, investigate all claims, demands, or lawsuits, attend to their settlement or other disposition with counsel satisfactory to the City Attorney, and pay all charges of attorneys and other costs and expenses of any kind whatsoever. The provisions of this indemnification survive the termination of expiration of this Agreement. 4 d. Lessee Officials. Lessee agrees to maintain a representative Board of Directors to be answerable and responsible to the provision of this Agreement. Lessee further agrees to provide to the Director, on a continuous basis, the full name, address, and phone numbers, Texas driver's license number, date of birth, and respective office held and area of responsibility for each Board member. The President will provide his/her contact information, including a reliable e-mail address, to the Director. e. Notice. Any notice required under this Agreement must be given by hand delivery, certified mail, postage prepaid, or e-mail with a confirmed receipt and is deemed received on the day e-mailed or hand-delivered or on the third day after postmark if sent by certified mail. Contact information for purposes of notice may be updated by sending notice in accordance with this provision. Notice must be sent as follows: To Lessee: Coastal Bend Cricket Club Attn: Raju Bhagat 2209 PADRE ISLAND DR #U CORPUS CHRISTI, TX 78401 Phone: E-mail: To City: City of Corpus Christi Attn: Robert Dodd, Director of Parks and Recreation Address: 1201 Leopard Street Corpus Christi, TX 78401 Phone: 361-826-3464 E-mail: RobertD4@cctexas.com 6. The City and Lessee will have the following responsibilities related to maintenance and repair of the Property: a. The City will be responsible for all mowing and watering of the Property during the regular week and any standard maintenance beyond sanitation and cleaning. This includes maintenance, repairs, and replacing the cricket pitch as determined to be necessary by the Director. The City makes no promises or warranties regarding the condition of the Property on any given day. b. Lessee is responsible for sanitation and cleaning of the Property. The Lessee will assign a person, or persons, to pick up trash and clean up debris every day that the Lessee maintains possession of the Property. If the City determines that Lessee has failed to properly clean the Property as required by this provision, City will provide seven days' written notice of such failure to Lessee. If Lessee fails to remedy its failure to clean and sanitize the property 5 within such seven-day period, Lessee shall pay the City $50 to allow the City to properly clean and sanitize the property. If Lessee continues to fail to clean and sanitize the property for a period of 30 days and/or fails to remedy this defect within seven days after three notices (in one or more separate instances), then City may terminate this Agreement immediately upon written notice to Lessee. c. If, with consent of the Director, Lessee performs any standard maintenance outside of cleaning and sanitizing the Property, the City will reimburse Lessee for such maintenance work in an amount up to $5,000 annually. d. In the case of inclement weather during the week, the City will decide if the cricket pitch is playable three hours before game time of the game day in question. In the case of inclement weather on weekends or holidays, the Lessee will decide if the cricket pitch is playable and provide its own field maintenance and supplies for any work that will need to be done to prepare the cricket pitch for a game. The Director has the authority to settle any disagreements regarding whether the cricket pitch is playable after inclement weather. There will be absolutely no play allowed during lightning storms. If lightning can be seen from the cricket pitch, the games must be postponed. 7. Under no circumstances may City equipment be removed or relocated from the Property. The Lessee will be responsible for any minor damages at the Property while such Property is being utilized pursuant to this Agreement. Any object permanently affixed to City property, including the cricket pitch, is City property. 8. Should the Lessee, in any respect, fail to comply with the terms of this Agreement, violate any City Ordinance, abrogate the purpose and intent of this Agreement, or misuse or abuse the Property, the City shall give written notice to the Lessee and, if such occurrence is not corrected within 15 days, the City shall have the right to immediately terminate this Agreement. This paragraph shall not relieve the Lessee from any liability for any act for which it is responsible for damages. 9. All actions taken by the Director may be appealed to the City Manager, or designee, by due notice within five days after the action that is the subject of the appeal. 10.Lessee agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 11 .This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, 6 arrangements, agreements, and understandings, either oral or written, between the parties. 12.The Lessee may not assign this Agreement, either in part or in whole, without the prior written approval of the City Manager, or designee. IN WITNESS WHEREOF, the parties have executed this Agreement effective on the date of last signature. City of Corpus Christi Coastal Bend Cricket Club By: By: Name: Name: Title: Date: Title: Approved as to legal form: Date: By: Aimee Alcorn-Reed, Assistant City Attorney for the City Attorney Exhibit A Site Plan and Specifications The Property has a perimeter of approximately 1,200 feet. The diagrams below show the approximate specifications of the cricket pitch that the City will construct. The pitch will be 10 ft. by 66 ft., unless otherwise agreed to by the Parties in writing. The pitch will not include any concrete, but will consist of compacted dirt or sand or some other similar material. y ��! Lag aide _ +� Exclusion Zone Bowling Craase 7.71 Retum ,oz ", c m I Crease 2 JAM 3.66 FLI .y ate Outfield Jed Wider ►Fine_►Wide zO� _ Infield cr Backward Close Infield 75 yards(13.7 m) Squarer ro I Sillier Pitch cn Forward ShortsT i " Deepe> i 1 Off-side(R) On-side(R) On-side(L) I Off-side(L) Straight Sightscreen EXHIBIT B CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and American Bank, N.A. must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1. Commercial Broad Form 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee PERSONAL PROPERTY INSURANCE Operator and any subcontractors, at their own expense, shall be responsible for insuring all owned, leased or rented equipment or personal property. C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2022 Insurance Requirements Exhibit Parks & Recreation— Salinas Park Cricket Pitch 11/30/2022 Risk Management—Legal Dept. Exhibit C CITY OF CORPUS CHRISTI WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT I. In consideration of my participation in the use of the City's cricket pitch ("Activity"), and other valuable consideration, I hereby RELEASE, WAIVE, COVENANT NOT TO SUE AND DISCHARGE the City of Corpus Christi, its officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such Activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises. 2. To the best of my knowledge, I can fully participate in this Activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to engage in such activity knowing that the activity may be hazardous to me and my property. 3. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an Activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. 4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES from any loss, liability, damage or costs, including court costs and attorney's fees, that may occur due to my participation in said Activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise. 5. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Texas. 6. I UNDERSTAND THAT THE CITY OF CORPUS CHRISTI WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN AS A RESULT OF MY PARTICIPATION IN SAID ACTIVITY. 7. I ALSO UNDERSTAND THAT I AM RESPONSIBLE FOR ANY THIRD-PARTY INJURY OR PROPERTY DAMAGE I MAY CAUSE. IN SIGNING THIS WAIVER AND HOLD HARMLESS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made.As the Parent or Guardian of a participant, I agree to execute this release of liability on behalf of participant. I acknowledge the risks and dangers associated with the activity and I voluntarily accept and assume liability and the possibility of injury, damage, death or loss resulting there from on behalf of the participant. I waive any and all claims and agree to release, hold harmless and indemnify the City of Corpus Christi, and its officers, officials, employees, representatives, and agents (collectively, the "City" and the "Releasees") on behalf of participant. PARTICIPANT/PARENT/GUARDIAN Date Participant's Printed Name INFO R o. CAPRA kLCIIIEDI 1E CHRISTI Lease Agreement for Cricket Pitch at 4033 Greenwood City Council December 20, 2022 Item Overview GO CHRISTI '.. a cnenxPARK��iary • Authorizing a five-year Lease Agreement with Coastal Bend Cricket Club • Agreement gives Coastal Bend Cricket Club access to and use of a cricket pitch • Cricket pitch will be constructed by the City at the Westside Pony Field #2 within the boundary of Salinas Park „ i Background CORPUS CHRISTI neae n s H • In August 2022, Coastal Bend Cricket Club presented City w/ proposal for cricket sport amenities for Corpus Christi residents • Site visits were conducted in September 2022 and December 2022 to determine a suitable location for the proposed field — Westside Pony Field #2 was identified as the most compatible site • Staff then prepared a draft conceptual site plan Site Layout \ GOR CeISTI KH UISTING -WING 8P 2 9n T8 Fl— Fl— '.. vNacasEocNCNEr NEeD PROPOSED FIELD CHANGES:OUTDOOR LARGE CRICKET FIELD -nom A01 4 Field Layout \ i GOR CeISTI KH PROPOSED LARGE CRICKET FIELD 5 � Agreement Overview CORPUSORPUS HRISTI neaens H • Coastal Bend Cricket Club responsible for providing all necessary equipment/supplies to operate and maintain property • Coastal Bend Cricket Club responsible for sanitation and cleaning of property • Coastal Bend Cricket Club will lease facility rent-free, except: — If Coastal Bend Cricket Club charges for tournaments or other use of the facility — If so, they shall pay as rent, on a monthly basis, an amount equal to 30% of the revenue received from the operation of the property • The City will be responsible for all mowing/watering of property and any standard maintenance beyond sanitation and cleaning Mission & Goals \ GOR CeISTI KH • Objective listed in Corpus Christi 10-Year Parks & Recreation Master Plan • Expanding recreational facility offerings/access to park amenities to meet interests of City residents • A core pillar of the Parks & Recreation Department's mission is to promote healthy lifestyles and physical activity • Corpus Christi currently has no cricket fields — Cricket is the world's second-most popular sport after soccer, attracting a global audience of over 2.5 billion across 180 nations • Installing a cricket field will expand recreational offerings to a new population segment and will further help promote healthy lifestyles and physical activity Recommendation \ GOR CeIS TI PARK!— Staff recommends approval of the Lease Agreement, as presented 1 �\ � POR CPARK!- Questions? IS TI KH Questions ? 9 se o° a H U NCOgpOPPt EO AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of December 20, 2022 DATE: December 5, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3@cctexas.com (361) 826-3227 License Agreement with ReconMR for the use of the Mann Street Parking Lot CAPTION: One-Reading Ordinance authorizing a 75-month license agreement with Texas Market Research Group, L.L.C. for use of 121 parking spaces at the City parking lot located at 900 Mann Street during specified hours. SUMMARY: This item authorizes a license agreement between the City and ReconMR for 121 parking spaces in the City-owned parking lot at Mann and Mesquite Street ("Mann Street Parking Lot"). BACKGROUND AND FINDINGS: In October 2015, the City entered into a lease agreement with The Results Co. to lease 85 parking spaces at the Mann Street parking lot for $2,000 per year with a job requirement to hire 150 new employees. In June 2016, the City amended this lease agreement to add an additional 36 parking spaces for $3,600 per year with an additional job requirement to hire 150 new employees. Their total lease payment was $5,600 per year for 121 parking spaces consisting of the entire parking lot. The Results Co. has significantly downsized over the last two years and is vacating Bayview Tower in early 2023. Their parking lot lease ended on October 31, 2022. ReconMR is a data collection research firm that will be occupying a portion of the office space that The Results Co. is vacating in Bayview Tower. ReconMR and Bayview Tower contacted the Economic Development Department to discuss their parking needs. ReconMR is headquartered in the Austin-San Marcos metro area with five call center operations in Texas, employing over 1,000 staff statewide. They acquired the Corpus Christi location in 2020, located on Old Brownsville Rd. Locally, ReconMR employs 275 with plans to hire an additional 250 employees at their new proposed location at Bayview Tower in Downtown Corpus Christi, bringing their total local employment to 525. Bayview Tower is unable to accommodate the total parking needs of ReconMR, and auxiliary parking is needed, specifically for the night shift, which begins at 4:00 pm. ReconMR anticipates their peak needs are for the night shift, with approximately one-third of their workforce to be on- site at that time, with anywhere between 65-75% of their workforce driving a car. Bayview Tower will allocate 30 spaces in the parking garage for ReconMR. ReconM R and Bayview Tower management approached the Economic Development Department regarding this parking issue. Staff began working with ReconMR and Bayview Tower to develop a satisfactory arrangement to retain and expand their operations in Corpus Christi. Under this agreement, ReconMR will license exclusive rights to use 100 of the parking spaces between the hours of 3:30 pm and 4:00 am and the exclusive right to use the remaining 21 spaces between the hours of 6:00 pm and 4:00 am each day. The term of this agreement is for 75 months beginning February 1, 2023, and will run concurrently with ReconMR's lease at Bayview Tower. After the first thirty-six (36) months, either party may terminate this agreement with a six(6) month notice. ReconMR will pay $12,100 per year payable in advance upon execution of this lease and each subsequent year. ALTERNATIVES: City council could choose not to approve the license agreement with ReconMR for the use of the Mann Street Parking Lot. Without this parking agreement, ReconMR would expand its San Antonio facility to accommodate the closing of the Corpus Christi location. FINANCIAL IMPACT: The fiscal impact of this item is an additional $12,100 annually in revenue. RECOMMENDATION: Staff recommends approving the ordinance to execute a license agreement with the ReconMR for 121 parking spaces in the City-owned parking lot at Mann and Mesquite Street ("Mann Street Parking Lot"). LIST OF SUPPORTING DOCUMENTS: One-reading Ordinance— Mann Street Parking Lot License Agreement— Mann Street Parking Lot License One-reading Ordinance authorizing a 75-month license agreement with Texas Market Research Group, L.L.C. for use of 121 parking spaces at the City parking lot located at 900 Mann Street during specified hours. Whereas, the City owns a parking lot at 900 Mann Street, which was previously leased to a tenant to provide parking for its employees; and Whereas, Texas Market Research Group, L.L.C., is leasing space in the nearby Bayview Tower and is seeking use of the parking lot to provide adequate parking for its employees during specified hours; Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to execute a 75-month license agreement with Texas Market Research Group, L.L.C. for use of 121 parking spaces at the City parking lot located at 900 Mann Street during specified hours. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guaj ardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guaj ardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the December 20, 2022 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 MANN STREET PARKING LOT LICENSE AGREEMENT WHEREAS, the City of Corpus Christi, Texas, ("City") is the owner of real property known as the Mann Street Parking Lot, located at the intersection of Mann Street and Mesquite Street, Corpus Christi, Texas, together with all improvements thereon; and WHEREAS, the City has prioritized downtown revitalization and growing existing businesses; and WHEREAS, Texas Market Research Group, L.L.C., ("Licensee") desires to use a portion of the Premise, to accommodate parking for its employees during the term of its lease for space in the Bayview Tower. This License agreement is made between City of Corpus Christi, a Home Rule Municipal Corporation ("City"), and Texas Market Research Group, L.L.C., of 135 S. Guadalupe, San Marcos, Texas 78666 ("Licensee"). The parties agree as follows: SECTION ONE. DESCRIPTION OF PROPERTY City licenses to Licensee the exclusive use, during specified hours, of certain property owned by City located at 901 Mann Street at the intersection of Mann Street and Mesquite Street described as follows: portion of parking lot as described in exhibit A (the "Premise"), for use as a parking lot. The portion of the lot licensed contains 121 parking spaces. The legal description of the property is Beach Block 22 Lot 1 . SECTION TWO. USE City does hereby license to Licensee the exclusive use of the Premise, together with all improvements located thereon during specified hours. Licensee shall have the exclusive right to use 100 of the parking spaces between the hours of 3:30 pm and 4:00 a.m. and the exclusive right to use the remaining 21 parking spaces between the hours of 6:00 pm and 4:00 am each day. Licensee shall operate the Premise exclusively for the purpose of an employee parking. The parking lot usage will be limited to employee passenger vehicles. SECTION THREE. RENT AND CONSIDERATION Licensee shall pay as rental to City$12,100 per year, payable in advance upon execution of the License and each subsequent year. SECTION FOUR. DURATION; QUIET ENJOYMENT (A.) The License term begins on February 1 , 2023. (B.) The term of this License shall be for a period of 75 months. Provided Licensee is not then in default hereunder, Licensee shall have the option to extend this License for one renewal term of one year subject to agreement to an increase in the rental payment. Such rental increase will be agreed to by the parties at least 60 days prior to the expiration of the term. If no such agreement is made, then this License shall expire at the end of the term. Page 1 of 10 SECTION FIVE. INDEMNITY Licensee shall assume all risks incident to the use of the licensed premises as a parking lot and shall fully indemnify, save, and hold harmless the City, and its officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Licensee's activities or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Licensee must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. SECTION SIX. ASSIGNMENT This License may not be assigned or transferred, in whole or in part, without the prior, express, and written consent of City. SECTION SEVEN. SIGNAGE FOR PROPERTY Licensee shall, at the sole expense of Licensee, identify the portion of the parking lot limited for its exclusive use by way of paining curbs and erection of parking signs indicating the hours for which each space may be exclusively used by Licensee's employees. SECTION EIGHT. TOWING ENFORCEMENT All parking spaces on the licensed Premise must have proper signage and identifying paint before towing can commence. Licensee will be responsible for the towing of unauthorized vehicles on licensed Premise. Any towing conducted must be in compliance with State law. SECTION NINE. TERMINATION (A.) At any time after February 1 , 2026, either Party shall have the right to terminate this License Agreement by giving the other Party 180 days' prior written notice of the date of termination, in which case all obligations on the part of the Licensee shall also terminate as of the date of termination, so long as the Premise is returned in same or better condition as upon the effective date of the License, normal wear and tear excepted. If the Premise is not in such condition, Licensee shall repair the Premise to such condition within 60 days after termination of this License. (B.) If there is noncompliance with one or more of the provisions contained herein, either party may give written notice to the other party to cure or begin curing the default(s)within ten days of receipt of notice. If there is not compliance or substantial compliance with each provision identified within ten days of receiving said notice, the complying party may terminate this Agreement for cause by providing written notice of termination to the noncomplying party and listing one or more areas of continued noncompliance. SECTION TEN. ADDITIONS OR ALTERATIONS Licensee shall not construct or erect any buildings or structures on the Premise with the exception of required signage and curb markings. Page 2 of 10 SECTION ELEVEN. PROPERTY OF CITY. Upon expiration of this License Agreement, or upon termination thereof for any reason, all buildings, improvements, and fixtures placed on the Premise by Licensee shall become property of City. SECTION TWELVE. GOVERNING LAW AND VENUE This License Agreement shall be governed by, construed, and enforced in accordance with the laws of The State of Texas. Venue for any legal action related to this Agreement is in Nueces County, Texas. SECTION THIRTEEN. ADVERTISING AND SIGNAGE. The City Manager, or designee, has the right to prohibit any advertising and/or signage by Licensee at the Premises which impairs the reputation of the Premises or the CITY. SECTION FOURTEEN. NON-DISCRIMINATION. Licensee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs related to this Agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. SECTION. FIFTEEN. COMPLIANCE WITH LAWS. Licensee must comply with all applicable Federal, State, County, and City laws, rules, regulations, and ordinances which may be applicable to its operation at the Premise and its performance under this Agreement. This Agreement is also subject to applicable provisions of the City Charter. SECTION SIXTEEN. INSURANCE. Licensee must secure and maintain at Licensee's expense, during the term of this agreement, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit "B," which is attached to this Agreement and incorporated in this Agreement by reference. Section SEVENTEEN. NO DEBTS. Licensee must not incur any debts or obligations on the City's behalf during the term of this agreement. SECTION EIGHTEEN. NOTICE. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: CITY: City of Corpus Christi Attn: Redevelopment Officer P.O. Box 9277 Corpus Christi, Texas 78469-9277 Licensee: Texas Market Research Group, L.L.C. Attn: ReconMR 135 S. Guadalupe San Marcos, Texas 78666 Page 3 of 10 SECTION NINETEEN. AMENDMENTS. No alterations, changes, or modifications of the terms of this Agreement nor the wavier of any provision will be valid unless made in writing and signed by persons authorized to sign agreements on behalf of each party. SECTION TWENTY. WAIVER. (A.) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any its rights hereunder. No waiver of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. (B.) If any action by Licensee requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Licensee's default of any provision of the Agreement shall not be considered an estoppel against the City (C.) It is expressly understood that, if at any time Licensee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may at any time avail itself of said rights and remedies or elect to terminate this Agreement on account of said default. SECTION TWENTY-ONE. FORCE MAJEURE. No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. SECTION TWENTY-TWO. DISCLOSURE OF INTERESTS. In compliance with Section 2-349 of the City's Code of Ordinances, the Licensee shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit C, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. Licensee must also comply with section 2252.908 of the Government Code and provide a Form 1295, which may be found on the Texas Ethics Commission website. SECTION TWENTY-THREE. ENTIRETY CLAUSE. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Licensee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party's performance hereunder and relating to Licensees use of the Premises. Page 4 of 10 Each party to this agreement has caused it to be executed at on the date indicated below, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date TEXAS MARKET RESEARCH GROUP, L.L.C. PRESIDENT Printed Name Date STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2022, by President on behalf of the company. Notary Public, State of Texas Approved as to legal form: 20_ Assistant City Attorney For City Attorney Page 5 of 10 Exhibit A—Mann Parking Lot License m 4 t7Y, i rYv�r �a r �y• ae vx- aV4 e� a 1 O( IV n. i q° 1 .LES w. ..-'I�f��1�(f 1 C[If M1f: a� w t' f 9 9 Liscensee will iAL designate and 1h manage 121 spaces a G licensed to them in OL19 this Agreement I VVICO w EXHIBIT B INSURANCE REQUIREMENTS L LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Licensee must furnish to the City's Risk Manager and Director of Engineering,one(I)copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies,and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance.Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal,material change or Per occurrence- aggregate termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggegate I. Commercial Broad Form 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Hired and Non-Owned PROPERTY INSURANCE Licensee shall be responsible to insure all owned, leased and rented property utilized in parking lot. C. In the event of accidents of any kind related to this contract, Licensee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS B. Licensee shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof, at Licensee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Licensee shall be required to submit renewal certificates of insurance throughout the term of this contract Page 7 of 10 and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O.Box 9277 Corpus Christi, TX 78469-9277 D. Licensee agrees that,with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers,as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers'compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Provide thirty (30)calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (I0)calendar days advance written notice for nonpayment of premium. E. Within five (5)calendar days of a cancellation, non-renewal, material change or termination of coverage, Licensee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Licensee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Licensee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Licensee to stop work hereunder, and/or withhold any payment(s) which become due to Licensee hereunder until Licensee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Licensee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Engineering Department Parking Lot 7/7/2015 ds Risk Management Page 8 of 10 — = EXHIBIT C circ ��t CITY OF CORPUS CHRISTI Carpus Christi DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: STREET ADDRESS: P.O. BOX: CITY: STATE: ZIP: ❑ ❑ ❑ FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each 'official' of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Page 9 of 10 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 10 of 10 SC w O H U /NOOOPOHPIED AGENDA MEMORANDUM 1852 Action Item for City Council Meeting of December 20, 2022 DATE: December 9, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraym ond(a-)-cctexas.com (361) 826-3276 Utility Easement Closure for Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40 Block 6 of the Flour Bluff Center by the Estate of Betty Talley CAPTION: One-Reading Ordinance abandoning and vacating utility easements totaling 4,000.05 square feet out of Flour Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40, located at 9825 and 9841 South Padre Island Drive; conditioned on the dedication of a replacement easement. SUMMARY: The purpose of this ordinance is to close, abandon, and vacate 4,000.05 square feet of utility easement at Flour Bluff Center, Block 6, Lots 1, 27 37 47 57 67 77 87 387 39, and 40. Flour Bluff Center is located at 9825 and 9841 South Padre Island Drive which is currently made up of several commercial properties including buildings and other structures. Buildings are encroaching on current utility easements granted to the city. Applicant has approached the city with a request to close these easements with the understanding that a dedication of easements located away from current building footprints would be required as replacement. This closure has been approved by Corpus Christi Water and Corpus Christi Gas. No city utilities exist in any of the easements and the closure represents the best interest of the city. BACKGROUND AND FINDINGS: Estate of Betty Talley has approached the city with the proposed closure of easement and dedication of replacement easement. City has reviewed both requests, including review from Corpus Christi Water and Corpus Christi Gas, and is agreeance that the closure and dedication of easements is in the best interest of the city. It has been found that the current utility easements are located directly in the footprint of current buildings and structures which limit the access the city has to maintain or construct within the easement. Closure and dedication of new easement provides the city with the ability for easier access in the future. Unlike right of way or drainage easements the City does not require appraisals or collect fair market value, in contrast for utility easements the City assesses a fee associated with the request to close an easement in the amount of $1,159.40 and $583.00 to dedicate new easement. Both fees have been paid by the applicant. This closure will abandon utility easements directly in the footprint of buildings and structures and replace that easement with one free from obstructions. ALTERNATIVES: Deny the applicant's request and keep current utility easements. FINANCIAL IMPACT: Development Services assesses fees for the closure and subsequent dedication in the amounts of$1,159.40 and $583.00, respectively. Both fees have been paid. FUNDING DETAIL: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant's request for the easement closure. The closure of the easement will support a future subdivision. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation One-Reading Ordinance abandoning and vacating utility easements totaling 4,005.00 square feet out of Flour Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40, located at 9825 and 9841 South Padre Island Drive, conditioned on the dedication of a replacement easement. WHEREAS, The Estate of Betty Talley, (Owner) is requesting the closure, abandonment and vacating of 4,005.00 square feet if an existing utility easement out of Flour Bluff Center, Block 6, Lots 1 , 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40. WHEREAS, The Estate of Betty Talley (Owner) will deed a new utility easement of adequate design and construction in accordance with standard details of the City of Corpus Christi for Flour Bluff Center. WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 4,005.00 square feet of existing utility easement, subject to compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing 4,005.00 square foot portion of existing utility easement as recorded in Volume 8, Page 41 and being out of Flour Bluff Center, Block 6, Lots 1 , 2, 3, 4, 5, 6, 7, 8, 38, 29, and 40, located at 9825 and 9841 South Padre Island Drive, as recorded in Volume 8, Page 41 , of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. "Exhibit A", which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a Upon approval by the City Council and issuance of the ordinance, all grants of public easement closures must be recorded at the Owner's expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. b. The owner will dedicate a replacement utility easement as shown in "Exhibit C". c. Failure to comply with all the conditions outlined in this Ordinance within 365 days will hereby make the Ordinance null and void. Section 3. Upon the written request of the Mayor or majority of the members of the Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor �LO UTILITY EASEMENT 52h-582 . THE STATE OF TEXAS }748}7 .2 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES THAT We, Daniel Korn and wife Shirley Korn of the ,County of Nueces, State of Texas, for an in consideration of the sum of One dollar ($1.00) DOLLARS to us in hand paid by the City of Corpus Christi, Nueces County, Texas, the receipt-of which is hereby acknowledged, have granted and conveyed, and by these presents do grant and convey unto the City of Corpus Christi, Texas, a.municipal corporation duly incorporated under and by virtue of themlaws of the State of Texas, its successors and legal representatives the free and uni.nterrupted.use, liberty, privilege, and easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas and being described as follows: A tract of land 10 feet In width out of Lot 8, Block 6, Flour Bluff Center, as shown by map recorded in Vol. 8, Page 41,.Nueces County, Texas Map Records, said tract of land being more particularly described by metes and bounds as follows. BEGINNING at the southwest corner of sbdd Lot 83 Block 6, for the southwest corner of the tract herein being described; THENCE N 29°02' E with the west boundary. of said.Lot 8, 10.0 feet for the northwest corner of this tract; THENCE S W58' E, parallel to the south boundary'. of said Lot 8 and 10.0 feet distant in a northerly direction therefrom, measured at right angles thereto, a distance of'140.0 feet to a point in the east boundary of said Lot 8, for the north- east corner of this tract; INCE S 29' 02' W, with the east boundary of said Lot 8 to its southeast corner for the southeast corner of this tract; THENCE N 600 58' W, with the south boundary of said Lot 83 140.0 feet to the PLACE OF BEGINNING. together with the free ingress, egress, and regress to and for the City of Corpus Christi, . i Texas, for the purpose of constructing, laying, and keeping public utility lines, and for the purposes of maintaining, servicing, repairing, and inspecting said lines under, on, and along said tract. j i " • j PV2-2 DEED RECORDS t� { VOL3.240 na 2'7 t ... t '��le� .� Y.S' At..if,:rw.�'...t—.1. \. ...,''�tNw• wn -} �NTpY,:IS "'.0 ..f Ike 51.583 TO HAVE AND TO HOLD, ALL AND SINGULAR, 'the rights,:and privileges ; aforesaid to the City of Corpus Christi, Texas, its successors and legal rep- reseatatives, for the proper use as a utility easement and utility right-of- ways for so long &a used for such purpose,.and if the use for said easement and way of said uses be ever abandoned, then in that event, the aforesaid rights and privileges shall cease. WITNESS HAND this..the day of 19� iel Korn Shir y Corn THE STATE OF TEXAS COUNTY of NUECES Befcre;me;;the,!undersigned authorlty,,a Notary Public in and for Nueces County, Texas, on this day personally appeared,! niel Korn and Sh rlPv Korn , known to me to be the person whose name is subscri ed to the foregoing instrument, and acaaowledged*to me-that he.executed•the same k-'.: for the purposes and consideration therein expressed. o 'iven der my hand and seal of office this_,G day of XIL A Notary Publi d for ces panty, Texas THE STATE OF TEXAS t COUNTY .OF NUECES Before Me, the undersigned authority, a Notary Public in•and for Nueces.County, Texas, on this,day personally appeared Shirley Korn -Wife ofnaniel orn _, known to me .to be-the whose name is subscribed to the foregoing instrument and having been examined by me privily and apart from her husband and having the same fully explained to her, she, the said ghirlev Korn , acknowledged such instrument to be her act and deed,.and declared that she had willingly signed the same for the purposes and consideration therein expressed and that she did not wish to retract it. Oive under*my hand and seal of office, this theday of SIM Notary Pub f ueces unty, Texas VOI12040- PAGE 40 A "33 mcc 737 EXHIBIT "A" TO DEED FROM EXXON COR-PORATIot,,, A t,!EW JERSTY CORPORATION, TO WILLIAM T. TALLEY OF CORPUS CHRIST.F., TEXAS All that certain property situated in Nueces Count., 7.1,-'s, described as follows, to-wit: Cil CXJ Lots 1, 2, 3, 38, 39 and 40, Block 8, IFLOU,- BLUFF CENTER, an addition to the City of Corpus Christi, Texas, according to map o., plat recorded in Vol. 8, page 41, Mat 0 R c c o rd s of Nueces County, Texas, SAVE" AND .--_:%T1-AY, th_-, Northeast 901 of said Lots 1, 2 and 3, here- tofore conveyed by State of Texas ,y, Jos:, A . Garcia , in Vol. 746, page 24-1, Deed Records of .'iueccs County, Texas, togeth=er with A`.ut-_r' ; rights of access to both South Pa�!re Islar.d Dri-, and Barton Street -.ad all and interest in and to any 13ne, right-of-way of any street in fro,-,r. o.- o:- adjoining said preirnis,-_-s to tn, thereof and havinL7 unencumbered each 01 said Being the same land descxibed in tha u dated In r_-: May 29, 1969, by DR. JOSE A . CGA:?-_1P. and Grantors, Yi to RUMBLE OIL & REFINING COMPANY. a Delawai (now Exxon Corporation) ; Grnnree, and office of Nueces Coun..y, Texas, Voiuie 1331, raga's 1 . W AND: &I The following described preniise:> located In Nu,�k-us Texas, to-wit: Lots 4, 5, 6, 8, Koc..: an addition to the City of Corpus Christi, !,`-,eces County, Texas save and except the ii«rtlt o- Northeast 90 feet of said lots 4, 5 and 6, - to the State ol T,��,as by S*, ,-oEar v,. Y_ Bartosh, by Right-of-Way Deed, dated recorded in Volume 768, Page 221) of ti, Te,x, of Nueces County, s ._::c: i ij. Page 41 of the Map Records of Nuezas Counf.y, -1, ',ogother with abutter's rip-lits of nccess to jo� t 1. ? Island Drive and Preston S,:I'CeL title and interest in a.i d _c. .-;iy :3 T n right-of-way of any street in front o. ,_:ti: said premises to the cen--cr iil-),� unencumbered access to ,)f Being the same land descr_'bed i:i dated October 24, 1967, by LMSIr.T. a:-,;t vif :Jl f to HUMBLE OILS REFINING COMPAt17, F.\xon Corporation) , Gi -intee, ane: rceorded in 0 or Nueces County, Texas, V,:.lumc� 12,10, Pai_�,, 3,117- :3.1 T', S "i,I!Vt-n�",,As F!LFD an(to -J,duly Uri %-.r,3,MJNP. n*,A_-, yJ FOUND DRILL HOLE. EXI-IBIT "B" EASEMENT CLOSURE Being a total of 4000.05 sq.ft. tract, being out of Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39 and 40, Block h 6 of the FLOUR BLUFF CENTER, an addition to the City of Corpus Christi, Texas, according to map or w plat recorded in Volume 8, Page 41 of the Map Records of Nueces County, Texas. 2�p LOT 6 0 & S LOT 5 A, ST,� tis ��h'wgY Ss171. LOT 4 NO p�3s1� LOT 7 �5 LOT 3 4000.05 Sq.ft. LOT 2 FOUND TXDOT MON. LOT 1 LOT 8 a w 998. 8 y LOT 40 X35°0 NUM BEARING DISTANCE LOT 9 2� 0 N6171'00'w 5.00' L2 N5)'11'00'w 5.00' L3 N28.49'00'E 10.00' L4 S2B'31'08-W 10.00' 00 LQT 39 LOT 10 3� ! ! s LOT 38 !' 7 ! LOT 37 SCALE: T" =40'! I FOUND 5/8' I. / I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO ALL BEARINGS AND DISTANCE REFER TO THE TEXAS HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION SOUTH ZONE. AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL TEXAS GEO TECH LAND SURVEYORS. LAND 6626 M STAPLES, 2� INC Corpus Christi, TX 78411, . . .. (361) sss Fax� (361) 993—2955 1. h� IARREL ©ORE r*w>..t&.fexasgeatecZt.cnm •4854 DATE: NOVEMBER 01, 2022 DRAWN: RC J REL MOORE � •�p R GI RED PROFESSIONAL LAND SURVEYOR ��,�.fSSl ,�yO U SE Na_ 4854 Sl1R`� SCALE: 1" = 40' J08 NUMBER: 221102 APPROVED: JLM SURVEY: JUAN Exhibit C �•�.�_ �_ Nq�rDh�� �r•�Ngq�`T 4 .c� Rrlo r{ Z!A cyYy 19, Y i q " 4 ri n, rt i ' .r" �• ., ,, ,. - � !�� , - '`.�. 'c`psromen�nrre eonvoar. sar.ic� ,M Easement Closure 4,005.00 Square Feet out of Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40, Block 6, of Flour Bluff Center City Council Presentation M� 12/20/2022 .sem: Property Map It a 9 ��"wr T"a4rro oqo ss RM yh'r �. h'< to R'Ha hyVs h b, SBRroA "°3 9 \ �R J Y � Easement Closure � �< Easement Dedication o=y .2 d' ate ~ eP� t= Staff Recommendation LiY Approval The applicant requesting the utility easement closure has paid the required $1,159.40 fee and the $583.00 fee for the subsequent dedication. Request has been processed in accordance with Section 49-13 of the City Code of Ordinances. y/3 s8 gYTp y�y 14 Ij 3 r a # . re / A,, * ! C-3% d �` r n / " q mp r e �► j. lob woo r f Date Created:12/9/2022 Feet Department of Development Services Easement Closure Sy3 S8� SUBJECT 4000.05 sq.ft. f Spq°q PROPERTY being out of Lots 1 through 8 and Lots 39 & 40, Block 6 / R° GQgN Flour Bluff Center R,°GFR° ° AR'RO s°aOR . oNp9j• / Fps<'9N Vol.8 Pg.41 M.R.N.C.T. G 4 �N0 9�°R G`9 p�ee� G<FyG City Of Map Scale: 1:1,000 9N. q� Cot us LOCATION MAP °R\ �a Christi 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha(a-)-cctexas.com (361) 826-393 Josh Chronley, Assistant Director of Finance-Procurement JoshC2(a-)cctexas.com (361) 826-3169 Purchase of Self-Contained Breathing Apparatus Air-Paks and Cylinders for Fire Department CAPTION: Motion authorizing the purchase of six additional self-contained breathing apparatus air-paks and cylinders from HEAT Safety Equipment LLC., of Von Ormy, Texas, through the HGACBuy Cooperative, for$54,563.30 to be utilized by the Fire Department, with FY 2023 funding from the General Fund. SUMMARY: This motion, as part of the Corpus Christi Fire Department's FY 2023 Budget Initiatives, this item will authorize the purchase of self-contained breathing apparatus (SCBA) air-paks and cylinders form HEAT Safety Equipment, LLC. to be used by the Corpus Christi Fire Department (CCFD) to respond to emergency calls pertaining to hazardous materials (HazMat) throughout the community. This will assure the availability of these essential safety devices for emergency use. BACKGROUND AND FINDINGS: CCFD is in the process of purchasing SCBA's assigned and dedicated to first responders responsible for hazardous materials (HazMat) response. The health and safety of all responders is the highest priority for CCFD when responding to incidents related to hazardous materials. Exposure to these hazardous materials is reduced through the use of the personal protective equipment (PPE) recommended based on the type and nature of the involved products. SCBAs are a critical component of a responders PPE ensemble. Currently, firefighters assigned to HazMat utilize SCBA's assigned to fire apparatus. This means that their availability is dependent on this unit's availability. Secondly, despite the best efforts towards decontamination of equipment, there is a concern for potential contamination of equipment and personnel following the use of these SCBA's in a HazMat environment. SCBA's dedicated to HazMat use only reduces the likelihood of cross-contamination of personnel and equipment while ensuring this vital equipment is available for use. Lastly, modifications to these SCBA's will be made in consideration of these potential work environments which cannot be considered for SCBA's utilized for firefighting. SCBAs are assigned to and carried by every one of CCFD's frontline fire apparatuses and medic units. Currently, CCFD has 140 SCBAs. All 140 SCBAs that CCFD current has were replaced last year as part of an FY 2021 budget initiative. With this purchase of six additional SCBAs, CCFD will have 146 SCBAs. PROCUREMENT DETAIL: This purchase is with HEAT Safety Equipment LLC., of Von Ormy, Texas. This procurement is through the HGACBuy Cooperative. Contracts awarded through the HGACBuy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Discounts totaling $6,366.40, or 11.67%, toward the total purchase price of the hazmat SCBA Air-Paks and cylinders. ALTERNATIVES: An alternative is to continue using the SCBA's specific for firefighting and risk the likelihood of cross- contamination of equipment and personnel when they are utilized during an emergency HazMat call. FISCAL IMPACT: The fiscal impact for CCFD in FY 2023 is an amount of$54,563.30. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12010 Fire Station Mission Element: 093 Emergency Calls Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $54,563.30 RECOMMENDATION: Staff recommends approval of this purchase with HEAT Safety Equipment LLC., of Von Ormy, Texas, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Price Sheet City of Corpus Christi Purchase of self-contained Procurement Dept. breathing apparatus(SCBA) Sr. Buyer: Marco Lozano HGACBuy Cooperative #EE08-19 HEAT Safety Equipment LLC. Von Army, Texas Item Description Quantity Unit Price Extended Total Air-Pak X3 Pro SCBA with CGA $6,323.16 $37,938.96 1 Parachute Buckets-SEMS II Pro Hazmat 6 2 Carbon Cylinder&Valve 12 $1,385.36 $16,624.34 Total: $54,563.30 se H v AGENDA MEMORANDUM Action Item for the City Council Meeting December 20, 2022 NONPOP Pt E 1852 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology PeterC(a�cctexas.com (361) 826-3735 Heather Hurlbert, Director of Finance and Procurement Heatherh3(a)cctexas.com (361) 826-3227 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a-)cctexas.com (361) 826-3169 Infor Workforce Management System CAPTION: Resolution authorizing a five-year license agreement with Infor US, Inc., of New York, New York, for a Workforce Management ("WM") software module for time management to assist Human Resources and Payroll in improving employee timekeeping, automating workflows, and shortening the time to process payroll for a total amount of $1 ,039,996.16 and authorizing an agreement with The Arcanum Group, Inc., of Aurora, Colorado, for implementation of the WM module for $562,552.00, with FY 2023 funding of $758,877.00 from the Information Technology Fund. SUMMARY: Infor's Workforce Management is an approved 2023 budget initiative which provides for leave requests, electronic overtime and timecard approval, schedules, leave balances, manage add-on and certification pays, pay code rules, electronic approval workflows and other time management processes. Infor's Workforce Management system will replace the existing Kronos Time Keeping system. BACKGROUND AND FINDINGS: Currently completing payroll takes approximately 3 days and includes manual processes and two separate integrations between Kronos and Infor. Time keeping is managed in Kronos and the payroll processing is completed in Infor. This process includes employee paychecks, custom overtime calculations and pay code conversions. Implementing Workforce Management provides: • Full integration to Infor • Faster payroll processing, timecard, and schedule management. Data will be integrated into Infor's payroll system and will have no manual entry. • Reduce the number of steps and eliminate paper timecards, exception requests and manual data entry. • Reporting for weekly schedule views and approved leave requests. • Full mobile capability (clock in/out), time off requests, and schedules. Approvals can be handled directly from mobile devices. • Automated workflow approvals • More robust employee and managerial reporting • Greater employee access to leave balances and pay information. The move to Infor's Workforce Management will improve timekeeping, implement automated approval workflows, shorten time to complete payroll, and make information more readily available to managers and employees. PROCUREMENT DETAIL: This procurement for the Infor license agreement is being facilitated through the Subscription License and Services Agreement between Infor (US), LLC ("Infor") and City of Corpus Christi, Texas ("Customer" or "Licensee") with an effective date of April 23, 2021 (the "Agreement"). The procurement for implementation through The Arcanum Group is being facilitated through DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The savings on the DIR Cooperative is $15,224 with an additional savings of $102,000 for a total savings of $117,224. ALTERNATIVES: Continue using the existing payroll time keeping system with the interfaces to Infor, which need to be maintained, and the manual processes required by staff to complete payroll. FISCAL IMPACT: The FY 2023 fiscal impact for this approved 2023 budget initiative will be $758,877.00 from the Information Technology Fund for the initial year of the agreement. Future years will be budgeted annually through the budget process for a total project cost of $1,602,548.16. FUNDING DETAIL: Fund: 5210 Organization/Activity: 40470 Mission Element: 244 Project # (CIP Only): Account: 520105 RECOMMENDATION: Staff recommends approval of the five-year license agreement with Infor US, Inc., and for an agreement with The Arcanum Group, Inc., for implementation of the WM module as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Co-op Agreement Pricing Sheet Resolution authorizing a five-year license agreement with Infor US, Inc., of New York, New York, for a Workforce Management ("WM") software module for a total amount of $1,039,996.16 and authorizing an agreement with The Arcanum Group, Inc., of Aurora, Colorado, through the DIR Cooperative, for implementation of the WM module for $562,552.00, with FY 2023 funding of $758,877.00 from the Information Technology Fund. WHEREAS, Infor US, Inc., is providing a five-year license agreement to the City of Corpus Christi ("City") for use of Infor's Workforce Management ("WM") software module pursuant to the parties' existing master agreement, with implementation of the WM module provided by The Arcanum Group, Inc., through a Texas DIR Cooperative purchase agreement, with project coordination facilitated by the City's Information Technology Department; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, special processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute a five-year license agreement with Infor US, Inc., in the amount of$1 ,039,996.16, for the WM software module and a cooperative purchase agreement with The Arcanum Group, Inc., in an amount not to exceed $562,552.00, for implementation of the module, with FY 2023 funding of $758,877.00 from the Information Technology Fund. PASSED AND APPROVED on the day of , 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Page 1 of 2 Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 Price Sheet Infor Workforce Management System Sr. Buyer: Minerva Alvarado DIR-CPO-4491 Sole Source The Arcanum Group, Inc. Aurora, CO Item Description Qty-Hrs Cost Total Infor WFM Implementation 1 Services 2,576 $214.50 $552,552.00 2 Travel Expenses 1 $10,000.00 $10,000.00 Total 1 $562,552.00 Infor US, Inc. New York, NY Item Description Qty Cost Total 1 Subscription Fee Year 1 1 $196,325.00 $196,325.00 2 Subscription Fee Year 2 1 $200,163.98 $200,163.98 3 Subscription Fee Year 3 1 $200,163.98 $200,163.98 4 Subscription Fee Year 4 1 $214,175.46 $214,175.46 5 Subscription Fee Year 5 1 $229,167.74 $229,167.74 Total $1,039,996.16 DocuSign Envelope ID: BB46DAFD-61 F6-4506-8AAC-E E65079E5 FAD • SaaS Order Form This Order Form is subject to the terms of the Subscription License and Services Agreement between Infor(US),LLC("Infor")and City of Corpus Christi,Texas("Customer"or"Licensee")with an effective date of April 23,2021 (the"Agreement").All terms of the Agreement are incorporated herein by reference.In the event of a conflict,the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement.In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement,references herein to:"Customer''and"Licensee"shall have the same meaning and may be used interchangeably,"Subscription Software"and"Component Systems"shall have the same meaning,refer to the computer software programs identified in this Order Form and may be referred to in the Agreement as Component Systems,Products, Software Products,Subscription Software,Software, Standard Software,Programs or Licensed Programs,and"License Restriction"means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction. I.Subscription Software—PROD:Corpus Christi Part# Subscription Software License Restriction* Support (if applicable) Level* Quantity Type I WFM-S-MVS-MT Workforce Management MVS Bundle-SaaS MT 2,000 EM CXTE 2 WFM-S-TA-MT Workforce Management Time&Attendance-SaaS Bundle- 2,000 EM CXTE SaaS MT For the purpose of the definitions below,Component System and Subscription Software may be used interchangeably. *If specified in the User/License Restriction field: "EM"=Employee-The total number of individuals who are or have been employees of Licensee(whether employed on a full-time,part- time,seasonal or other basis)or independent contractors of Licensee(whether engaged directly or through a third party as contract workers, consultants,freelancers or other capacity). For licensing purposes,former employees and independent contractors of Licensee shall only count as Employees if their data is maintained or processed by the Component System for administrative, pension or payroll purposes. Within thirty days following each anniversary of the Order Form Date(each an"Anniversary"),Licensee will provide detail regarding the total number of Employees as of such Anniversary.If the actual number of Employees as of an Anniversary is in excess of the specified licensed quantity of Employees as of such Anniversary,Licensee will purchase additional licenses corresponding to such excess amount. **Support Level for Subscription Software: "CXT"=Infor Essential(24X5);"CXTP"=Infor Premium(24x7), "CXTE"=Infor Customer Success Plus program Descriptions of these plans can be found at http://www.infor.com/cloud/subscription/ II.Subscription Term and Subscription Fees Annual Subscription Fee for Year 1 (Order form date Through October 30,2023)of the Initial Subscription Term:$196,325.00 Additional Annual Subscription Fee for Year 2-3 of Initial Subscription Term:$200,163.98 Additional Annual Subscription Fee for Year 4 of Initial Subscription Term:$214,175.46 Additional Annual Subscription Fee for Year 5 of Initial Subscription Term:$229,167.74 Initial Subscription Term: Order Form Date through October 30,2027 ***Fee for Initial Subscription Term: $1,039,996.16 Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 8v1 18 May 2022 Page 1 of 3 DocuSign Envelope ID: BB46DAFD-61 F6-4506-8AAC-E E65079E5 FAD Total Amount Due(before applicable taxes): 51,039,996.16 ***The Subscription Fee is prorated based on the anticipated Order Form Date to coincide with the expiration date of Customer's current Subscription Term. This fee will vary based on the actual Order Form Date Currency:USD III.Pavinent Terms: Payment is due within 60 days of the date of invoice. Customer shall pay the Annual Subscription Fee,in advance,as invoiced by Infor. The first Annual Subscription Fee,plus applicable taxes, will be invoiced promptly upon Order Form Date.All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Customer Account ID: 100013196 Infor GL ID: USOAB Account Executive Name: Jeremiah Wissinger Primary-Use Address: Invoice Address: City Of Corpus Christi,Texas City Of Corpus Christi,Texas 1201 Leopard Street 1201 Leopard Street Corpus Christi,TX 78469 Corpus Christi,TX 78469 USA USA Contact Name:Peter Collins Contact Name:Peter Collins Contact Phone:361-826-3735 Contact Phone:361-826-3735 Contact email:peterc@cctexas.com Contact email:ITInvoice@cctexas.com IV.Additional Terms Please visit https://www.infor.com/customer-center/MTcloud for benefits related to the Infor Multi-tenant Cloud Customer Bill of Rights (only applicable to Subscription Software hosted in a multi-tenant environment). The Service Level Agreement sets forth additional terms and conditions applicable to Customer's access to and use of the Subscription Software licensed herein. The terms of the Agreement are hereby amended by the Service Level Agreement as it relates to the Subscription Software licensed herein. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Service Level Agreement,the provisions of the Service Level Agreement shall govern and control. The Service Level Agreement can be found at: https://www.infor.com/service-level-desciption Customer agrees that it will take all necessary steps and make timely requests for the appropriation of funds to make all payments called for under the Agreement and use its best efforts and take all steps to cause such appropriations to be made. In the event that(i)no funds for the succeeding fiscal period have been appropriated for the Renewal Term,then Customer may terminate this Order Form at its option at the end of any then-current fiscal period or the Subscription Term by giving notice to Infor as soon as reasonably practicable. Customer represents that funding has been appropriated sufficient to pay amounts due under this Order Form for the current fiscal year. For the avoidance of doubt,terminations under this section apply to subsequent Subscription Terms and do not entitle Customer to any refund of prepaid fees in the present Subscription Term. The Information Security Plan sets forth additional terms and conditions applicable to Customer's access to and use of the Subscription Software licensed herein. The terms of the Agreement are hereby amended by the Information Security Plan as it relates to the Subscription Software licensed herein. In the event of a conflict between the terms and conditions of the Agreement and the provisions of the Information Security Plan,the provisions of the Information Security Plan shall govern and control. The Information Security Plan can be found at: https://www.infor.com/security-plan. In consideration for the pricing and terms under this order form,Infor may make reference to Customer as a customer in press releases and written and verbal communications. Customer agrees to act as a reference for Infor, including participating in reference calls and other reference activities as may be reasonably requested by Infor. Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 8v1 18 May 2022 Page 2 of 3 DocuSign Envelope ID: BB46DAFD-61 F6-4506-8AAC-E E65079E5 FAD Customer's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Customer may choose to purchase from Infor contemporaneously with this Order Form or in the future. Effective date of this Order Form: (the"Order Form Date"),to be completed by Infor upon countersignature. THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. for: Infor(US),LLC for: City Of Corpus Christi,Texas iOgned by: (Customer or Licensee) LI-A y �.G(,y'a. ty Kh W7DC3o4A4... Signature Mary McCrayer Typed or Printed Name Typed or Printed Name Senior Manager Job Title Job Title 12/8/2022 Date Date for: City Of Corpus Christi,Texas (Customer or Licensee) Signature Typed or Printed Name Job Title Date Order Form SaaS(CPQ-Jun 2018)OP-04288355 SQB340684_1 DT 8v1 18 May 2022 Page 3 of 3 DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 ,SUS C� G� o � COOPERATIVE AGREEMENT NO.4490 Infor Workforce Management Implementation Services NcflflPO RPt E x852 THIS Infor Workforce Management Implementation Cooperative Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and The Arcanum Group, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Cooperative Agreement. Contractor has agreed to provide Infor Workforce Management Implementation Services ("Services") in accordance with its agreement Texas DIR-CPO-4491 (the "Cooperative Agreement"), which is incorporated by reference into this Agreement as if fully set out here in its entirety. In the event of a conflict between this Agreement and the Cooperative Agreement, this Agreement shall govern to the extent allowed by the terms and conditions of the Cooperative Agreement. 2. Scope. Contractor shall provide the Services in accordance with the attached Quote/Proposal, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The term of this Agreement is one year and begins on the date provided in a notice to proceed from the City's Procurement Division. 4. Non-appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30'h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in the budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that the budget item will be adopted, as that determination is within the City Council's sole discretion when adopting each budget. 5. Compensation and Payment. This Agreement is for an amount not to exceed $562,552.00, subject to approved amendments and change orders. All pricing must be in accordance with Attachment A. Invoices must be mailed to the following address: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 Cooperative Agreement-The Arcanum Group Page 1 of 3 DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 6. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid with return receipt requested, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be addressed and sent as follows: IF TO CITY: City of Corpus Christi Attn: Frank De Los Santos IT Business Operations Manager 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3047 Fax: 361-826-4342 IF TO CONTRACTOR: The Arcanum Group, Inc. Attn: David Marshall Capture Manager 4600 S. Syracuse St., 9th Floor, Denver, CO 80237 Phone: 303-693-7263 Fax: N/A 7. Subcontractors. In performing the Services, the Contractor is permitted to enter into subcontracts or utilize the services of subcontractors. Contractor shall ensure that all subcontractors adhere to the requirements of this Agreement, including the provisions that require obtaining and maintaining insurance coverages required by this Agreement as well as providing proof of coverages to the City, as set forth in section 8 of this Agreement. Contractor shall remain responsible for the obligations and performance of the Services required to be provided and completed pursuant to this Agreement to the same degree as if the Contractor had performed and completed the Services. 8. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Entire Agreement. This Agreement, along with the Cooperative Agreement, constitutes the entire understanding and agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written, between the parties. Cooperative Agreement-The Arcanum Group Page 2 of 3 DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 CONTRACTOR DocuSigned W. S�� Signature: n A_ Printed Name: David Waters Title: President and CEO Date: 12/6/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Quote/Proposal Attachment B: Insurance Requirements Incorporated by Reference Only: Cooperative Agreement: DIR-CPO-4491 Cooperative Agreement-The Arcanum Group Page 3 of 3 DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 Attachment A: Quote/Proposal THE ARCANUM GROUP Quote for Infor Workforce Management Implementation (Revised 12/01/2022) to the City of Corpus Christi Submitted to: Frank De Los Santos IT Business Operation Manager FrankD cctexas.com The Arcanum Group, Inc. 4600 S Syracuse St, 9th Floor Denver, Colorado 80237 David Waters, President david.watersCcb-thearcanumgroup.com www.theARCANUMgroup.com (303) 693-7263 DUNS 052733297 1 CAGE 491-122 Schedule 70 Contract - GS35F0029Y DIR Contract DIR-CPO-4491 ILL„.•,,:,-� suvosu CVE DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP Table of Contents Letter of Introduction....................................................................................................3 Implementation Project Overview................................................................................5 Scopeof Services .........................................................................................................5 Assumptions and Responsibilities of Licensee .........................................................5 Period and Place of Performance................................................................................6 Invoicingand Payment.................................................................................................7 Taxes..............................................................................................................................7 Change Request Procedure .........................................................................................7 Cancellation /Termination ...........................................................................................8 Validityof Proposal.......................................................................................................8 General...........................................................................................................................8 Signatures......................................................................................................................8 Exhibit1 .........................................................................................................................9 Exhibit 2 (Sample Change Request)..........................................................................12 The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THEARC.ANUM GROUP Letter of Introduction October 28, 2022 Frank De Los Santos IT Business Operation Manager City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Dear Mr. De Los Santos: The Arcanum Group, Inc. (TAG), along with our implementation partner Inovium, LLC, appreciates the opportunity to provide this quote for Infor Workforce Management (WFM) implementation to the City of Corpus Christi (the City or Licensee). In this quote, we will refer to our combined offering team as "Team TAG." Team TAG is comprised of two proven, experienced companies led by the prime contractor, The Arcanum Group, Inc.,and supplemented by our partner, Inovium, LLC. Ourteam has extensive experience in public-sector implementations with customers that include the US Census Bureau, the City of New York, the Florida Department of Management Services Fleet Operations, and more. Team TAG's consultants are experienced professionals. We are long-established members of the Infor Partner Network, and TAG is an authorized public-sector reseller of Infor software. To simplify your purchasing process, we offer EAM products and services through our Texas DIR contract number DIR-CPO-4491. TAG is a Service-Disabled Veteran-Owned Small Business(SDVOSB) headquartered in Denver, CO. We have been providing technology-based project management services since our founding in 2001, and the principals of our company have a long record of personal experience before starting the company. We offer software and implementation services for a wide variety of enterprise applications, including Human Capital Management and Development, Enterprise Resource Planning, Customer Relationship Management, Financial Applications, and many others. TAG is entirely a government contractor. As such, our industry knowledge is unparalleled. Our consultants' training, as well as their experience with many prior implementations, provide them with the specialized skills required to examine current processes and recommend solid future processes. Their track record of proven success ensures their ability to install and configure each of the Infor modules and to plan for a smooth cutover from a legacy system. As an Infor partner since 2012, TAG will provide a superior implementation experience to IISD. TAG received an Infor award in 2017 as the Top Public 2018 Sector Partner for Year-Over-Year Growth. TAG wasPublic Sector honored as Infor's 2018 Public Sector Partner of the Year in Partner of the Year recognition of our successful work with our government Infor P°a"°°`"ct`ork customers. 1 0 The Arcanum Group's Quote to the City of Corpus Christi October 28,2022 (Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP Inovium, LLC is a software services company focused on Workforce Management. Inovium was founded to provide agile digital transformation partner options primarily for implementing and supporting Infor CloudSuiteTM. We are an alliance partner for their leading WFM application. Inovium is staffed with key resources who average over 15 years in the software and WFM domain, enabling our team to provide sector-leading quality service offerings. If you need additional information or have follow-on questions as you evaluate the merits of our solution, we would be pleased to speak with you. Sincerely, David Marshall Capture Manager The Arcanum Group, Inc. The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP Implementation Project Overview Team TAG will provide Consultants to perform the Services for Licensee in accordance with the terms of this quote (the "Project"). Team TAG's Services will provide support to Licensee for Licensee's Project. The Licensee is the owner of the Project and is responsible for and controls the process, scope, costs, resources, and targeted solutions of the Project. Within the scope of this Project, Team TAG will provide the Services by providing Consultants as described in the remuneration section below. The Consultants provided may be Team TAG employees or Team TAG's third-party subcontractors. Scope of Services The Licensee requires Team TAG Services related to the Infor WFM Application. The scope of the Project, Team TAG's and Licensee's responsibilities, estimated timeline, etc., are described in Exhibit 1. It is mutually understood that business requirements, resources, and dates, as well as the relevant remuneration, may be subject to change via the Change Request Procedure, including if Licensee responsibilities and assumptions are not performed in a timely and appropriate manner and/or if the Project resources are not provided. The Licensee acknowledges that any delays or changes caused by Licensee, Licensee's employees, equipment, contractors, or vendors may cause an incremental change in the fees required under this Order, including, without limitation, delays or changes due to the following: (a) change to or deficiency in the information which Licensee has supplied to Team TAG; (b) failure by Licensee to perform any of its responsibilities in a timely manner including the supply to Team TAG of resources and information; or(c) an unanticipated event that changes the service needs or requirements of Licensee. Changes required to this Order because of any of the foregoing events will be handled using the Project Change Control Process. Assumptions and Responsibilities of Licensee The assumptions and responsibilities for this Project are listed as follows and may be supplemented by those in Exhibit 1: • All supporting documentation work product will be developed for industry-standard Microsoft Windows-based PCs using applicable (as reasonably determined by Team TAG) Microsoft Office applications (Word, Excel, and PowerPoint). • Unless otherwise expressly stated in Exhibit 1, no software developments will be made under this Project. • Unless otherwise expressly stated in Exhibit 1, any data cleansing or data cleanup is wholly the responsibility of the Licensee. • The Licensee will provide knowledgeable, decision-empowered resources that are available to work on the Project as part of the Project team. • The Project will have sponsorship from Licensee's senior management,who will be available on a timely and regular basis to monitor the Project's progress and to act as a decision maker for policy decisions and issue resolution. • The Licensee will provide a working environment and facilities adequate for Team TAG to perform their assigned duties. This includes, but is not limited to, adequate conference The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP rooms, cubicle space, and telephone access. The Licensee will provide Team TAG with all necessary authorizations. • The Licensee will support the use of the Team TAG team laptops on its network, or Licensee will provide PCs with the Microsoft Office Suite and e-mail capability for the Project team. • Project team members will be given access to the Licensee's Team TAG environment. The Licensee shall provide secure dial-in and/or direct access to Licensee networks as necessary. • Team TAG will be provided with the necessary access to all of the Licensee's facilities necessary for the Project, including all necessary identification material (badges, cards, etc.), subject to the terms and conditions of the PSA. This includes necessary access to such buildings and systems during and after normal business hours, on weekends, and on holidays. Limitation of Team TAG access during these times may reduce Team TAG's ability to maintain the proposed schedule. Team TAG will also be provided with the necessary authorizations for remote access to Licensee's systems. • The Licensee is licensed for the use of the Infor software in sufficient quantities to support this implementation. No software is included as part of this quote. The responsibilities and assumptions are considered to be material contract duties of Licensee. The Licensee agrees that any estimates provided in this quote may be subject to change if Licensee's responsibilities and Project assumptions are not fulfilled. Period and Place of Performance The Services will begin on a mutually agreeable start date, and this quote will remain in effect until the Services agreed have been concluded unless otherwise agreed between the parties in writing. The project is expected to take between four and six months. The tentative start date is February 6, 2023. The Services will be performed remotely and, if required,at the Licensee's facility at 1201 Leopard Street, Corpus Christi, TX 78401, or another Licensee facility with the City of Corpus Christi. The Licensee agrees that services be performed on Team TAG's premises or remotely offsite. Cost Summary Rates/Remuneration The Consultant types currently assigned and the fees for the Project are as follows: Hourly Rate Estimated Total Team TAG Consulting Unit USD hours Amount Infor WFM Implementation $214.50 2,576 $552,552.00 Services Travel Expenses (if required and N/A N/A $10,000.00 authorized by the City) The estimated consulting fees for the Project are$552,552.00,exclusive of travel expenses. This estimate is for Licensee's budgetary and Team TAG's resource scheduling purposes. This hourly rate is discounted by 15.5% from our already-discounted DIR contract price. • The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP This estimate is based on the information provided by the Licensee to Team TAG and Team TAG's understanding of the Project scope based on the Licensee's information. Should the information provided by Licensee be inaccurate or should Team TAG gain additional information during the Project, the estimated fees, timeline, and scope may be subject to change. The rate is based on eight hours of work daily. Team TAG also calculates a minimum of four working hours per day for deployments. Reimbursable Expenses Actual travel expenses will be reimbursed as incurred and billed monthly. It is anticipated that the Project will be performed remotely. However, for purposes of any onsite work that may need to be performed, an allowance of$10,000.00 is included. Travel must be authorized in advance by the City. Travel expenses must comply with Licensee's travel policy. Invoicing and Payment The Services provided by Team TAG will be invoiced on a time and expense basis as incurred. The invoice will include the completed hours to which it refers and applicable travel expenses. Team TAG may issue separate invoices for travel expenses. Payment is due 30 days from the date of invoice. Team TAG will invoice at the beginning of each month for services rendered in the previous month. Invoices will be sent electronically to the provided client billing contact or an alternative address if provided. Taxes Fees and other charges described in this quote do not include federal,state, or local sales,foreign withholding, use, property, excise, service, or similar transaction taxes ("Tax(es)") now or hereafter levied, all of which shall be for Licensee's account, where applicable. With respect to state/local sales tax, direct pay permits or valid tax-exempt certificates must be provided to Team TAG at the execution of this quote. If Team TAG is required to pay Taxes, the Licensee shall reimburse Team TAG for such amounts. The location for the Services provided hereunder is identified by Licensee as 1201 Leopard St Corpus Christi, TX 78401 ("Service Location"). The Licensee agrees and understands that the calculation of Taxes may be affected by the Service Location. Change Request Procedure Any change to this quote that affects the scope (by material reduction or addition), content, methods, or schedule shall be subject to the mutual written agreement of the parties and shall be made in accordance with Exhibit 2 hereto (Change Request), which is hereby incorporated by reference. Team TAG shall not commence work on any such change unless and until the change has been agreed to in writing by both parties. The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THEARCANUM GROUP Cancellation / Termination Notwithstanding termination for cause, this Project can be terminated by Licensee at any time, in whole, by providing at least 30 days prior written notice stating the effective date. In the event of termination, Team TAG shall be paid all fees then due and owing, including travel expenses, and for all Services performed (including the notice period), irrespective of whether Services have been invoiced yet. Licensee agrees that in the event this SOW is terminated with less than 30 days prior written notice, Team TAG reserves the right to also invoice and be paid for the balance of the remaining hours measured from the insufficient notice date up to the 30-day notice requirement. Validity of Proposal This quote is valid for 60 calendar days from the quote date unless executed sooner by Licensee or extended in writing by Team TAG. General Any earlier quotations that INOVIUM has submitted concerning the same works and services are hereby withdrawn. The terms, conditions, and details in this quotation also apply to any Services and Work Products that are or have been provided to Licensee before a contract is concluded. Should any provision of this quotation be ineffective or unenforceable,the validity of this quotation remains unaffected. In this case, the parties undertake to replace the ineffective provision with an effective provision that achieves as nearly as possible the business purpose of the ineffective provision. Except as provided in the severability clause, this offer may be accepted only in its entirety. Signatures Signatures: City of Corpus Christi The Arcanum Group, Inc. Name/Title: Name/Title: Name/Title: David Waters President and CE Signature: Signature: Signature: -DOCUSigned--W. ri o _ Date: Date: Date: 12/6/2022 The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THEARCANUM GROUP Exhibit 1 To TAG's Quote to the City of Corpus Christi Dated October 28, 2022 (Rev. 11/29/2022) For Infor Workforce Management Implementation Project Definition This Exhibit 1 of this quote addresses the Implementation Consulting Services required for the Project. It is mutually understood that business requirements, resources, and dates may change subject to the applicable terms of this Statement of Work and that any such material change requested by the Licensee or as a result of the Licensee's inability to provide agreed-upon resources, fulfill applicable assumptions, and to perform the Licensee Responsibilities set forth herein, or the result of Licensee errors or omissions may result in a Change Order in accordance with the Change Order Procedure as defined in Exhibit 2. The Licensee is responsible for requesting changes to the requirements for Services. The Team TAG Project Lead and TAG Project Executive may assist in planning the Project and quality- checking the activities and progress. It is understood by the Licensee that any material changes to scope that are requested will be addressed through a formal change order process. Material changes are those which specifically will impact either budget and/or scope. The initial project covered by this quote will consist of three key phases. 1 . Planning and Design 2. Build and Validate 3. Cutover and HyperCare The time estimates outlined below are based on migrating the Infor Workforce Management Application to the Infor CloudSuite and upgrading to the current version. The assumptions outlined here are based on the requirements defined to date. Any change to, or expansion of, the elements or modules as outlined may increase the required effort and project time estimates. Planned Project Phases 1: Planning and Design Inception: Initial meeting of Project leaders to kick off the engagement and plan out agendas and attendees for the elaboration phase workshops. Elaboration: This phase includes the requirements and design workshop sessions for the project. The Licensee should expect and be prepared for several weeks of workshop sessions to cover all functional and technical requirements in the program 2: Build and Validate Build: The output of the elaboration phase will drive the work effort by Team TAG to build and configure the solution and will provide the foundation for test case creation by the • The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP Licensee team in parallel. The build phase would include iterations, whereby the Team TAG team delivers configured components of functionality as they are ready to ensure early alignment on high complexity or risk areas and is a general method to achieving an efficient timeline whereby the Licensee can perform testing in parallel to Team TAG performing build and configuration activities. Validate: This is the UAT phase and cutover planning phase, whereby the system goes through a thorough end-to-end test, and the go-live planning steps are defined and finalized. The licensee team prepares for the End user training and change management communications to the workforce regarding the upcoming changes. 3: Cutover and Support Go-Live: The Solution is deployed, and the Licensee rolls out to the employee pilot population to allow for one payroll cycle to complete successfully or two calendar weeks post-go-live. Team TAG provides support on an as-needed basis Implementation Scope & Assumptions Infor WFM: Time and Attendance, Time Off, Mobility, and Multi-View Scheduler. • No customizations • No historical data conversion Infrastructure: Cloud deployment: Infrastructure is out of scope, including SSO, SMTP, and hardware clocks. Infrastructure to be handled by Infor Cloud Operations. Configuration Scope: Configure the current release of WFM on Infor's (MT) Multi-Tenant CloudSuite • Up to 6 calculation groups • Up to 6 security groups • HR imports • Payroll export • Time Off Planner configuration • Blackout Calendars • Mobility UI configurations • Geofencing • Multi-View Scheduler • Up to 4 additional data import and export interfaces utilizing core CSV format • For interfaces utilized by the Licensee, the Licensee will be responsible for any development on their current systems for any changes to the current integration to WFM standards Cut-Over and Hyper Care • Implementation includes the entire enterprise • No user or administrator training is included • Training will be provided via train-the-trainer. 1 The Arcanum Group's Quote to the City of Corpus Christi October 28,2022 (Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP • Cut Over includes two weeks of post-production Hyper Cares *Scope Assumptions & Exclusions: • The Licensee will be responsible for enterprise change management • The Licensee will be responsible for end-user training if required • The Licensee will provide project management and domain resources as applicable • The Licensee will be responsible for the set-up and maintenance of necessary IT infrastructure and 3rd party integrations • Extended application support post-go-live Hyper Care is excluded. *Team TAG can provide additional implementation services to assist with the above if required for incremental fees, but they are excluded from this quote. Please discuss these potential requirements with TAG using the contact information in the cover letter of this quote, if desired. 4:Estimated Timeline (Sample) The chart below reflects a linear sample projection of key project phases&tasks to define effort and cost for the scope outlined herein. During the planning phase of the project, Team TAG will collaborate with the Licensee to develop a mutually agreeable project timeline factoring in bandwidth and project goals. Projects of this type typically take 4 to 6 months,and the final project plan will be agreed upon by both parties during the planning phase. The specific dates shown in this sample are for illustration only and will be adjusted based on the agreed start date of the project. 2020 c?-dud ^„cg 11-1 N-".u� 31:`.ug 07_1,q 11A, 21 :P SeF H f;d 12-.-)c: c0,1 Kickoff and Dismven/ i 0 0 Provision Warvas �. ft a r11��,,1' ti aiwii, tev r t asi r A I I The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 THE ARCANUM GROUP Exhibit 2 (Sample Change Request) To TAG's Quote to the City of Corpus Christi Dated October 28, 2022 (Rev. 11/29/2022) For Infor Workforce Management Implementation between The Arcanum Group, Inc. ("TAG" or"Team TAG") and The City of Corpus Christi ("Licensee") Change Order Procedure Any change to this Project must be agreed to, in writing, by both parties. The following procedure (whether requested by Licensee or Team TAG)will be used to control all changes. All Change Requests to the Project must be made in writing and shall be submitted by the appropriate Project Lead and the TAG Project Executive. Each request should contain the following information: • The requested change; • The impact, if any, on the existing Services and Deliverables (if any); • Estimated impact, if any, on project schedule; and • Estimated change, if any, in consulting fees. The Project Lead shall review and accept or reject the Change Request. If rejected, the Change Request shall be returned to the submitting party with written reasons for rejection and, as appropriate, any alternatives. All approved Change Requests will be incorporated into the Change Order to this SOW. Team TAG will not perform any Services outside of the proposal until the Change Request has been signed by both parties. 1. Describe the requested change: 2. Define the impact, if any, on existing Services and Deliverables(if any): 3. Define additional Services required as a result of the requested change, if any: 4. Define the impact, if any, on the existing Project schedule. Provide an updated Project schedule, if appropriate. The Arcanum Group's Quote to the City of Corpus Christi October 28,2022 (Rev. 12/01/2022) THE ARCANUM GROUP 5. Provide an updated Services and payment schedule, if appropriate. Accepted By: Accepted By: City of Corpus Christi (Licensee) The Arcanum Group, Inc. By: By: Print name: Print name: Title: Title: Date: Date: The Arcanum Group's Quote to the City of Corpus Christi October 28,2022(Rev. 12/01/2022) DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 Attachment B: Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, material Damage change or termination required on all Per occurrence - aggregate certificates and policies. ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID:8CDF6BED-6F28-4FOB-B69E-C8BEE6A9B626 F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2022 Insurance Requirements Ins. Req. Exhibit 7-B IT Contracts - Software Support, Configuration, Implementation and Maintenance 12/1/2022 Risk Management - Legal Dept. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmond, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robertd4(a-)cctexas.com (361) 826-3133 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Salinas Park Connectivity CAPTION: Motion awarding a construction contract to Mako Contracting, Corpus Christi, TX, for the Salinas Park Connectivity project, located in Council District 3, in an amount of$302,156.10 with FY 2023 funding available from the Park CIP Fund. SUMMARY: This motion approves a construction contract for the construction of a concrete walking path from Airport Park to the existing walking trail at Salinas Park and a new asphalt parking lot with striping to be located at the Airport Park along with lighting improvements. All improvements will be ADA compliant including ADA ramps. BACKGROUND AND FINDINGS: Salinas Park is designated as a community regional park. The Park includes accessible play structures, a walking trail, ball field, and a splash pad with interactive water play features for youth of all ages. The project scope includes new connectivity between Airport Park and Salinas Park with the construction of a concrete walking path from Airport Park to the existing walking trail at Salinas Park. Additional improvements will include a new asphalt parking lot with lighting along the walking path and parking lot. The project includes removal and replacement of small portions of the existing asphalt, curb and gutter, damaged sidewalk to allow new access through Lawton Street towards the proposed parking lot and proposed 5' wide sidewalk to connect to the Salinas Park walkway path and Post Avenue striping. No street or utility improvements are proposed within the scope of work for the project, except for tie-in connections, utility adjustments to proposed grades and two storm crossings at the existing ditches to accommodate the proposed improvements. The lighting for the project will be provided by American Electric Company (AEP). The improvements to the park will allow for a safer experience for our community as well as promote health and fitness. PROJECT TIMELINE: 2022 2022-20221 January — September October — December January — April Design Bid/Award Construction Project schedule reflects award in December 2022 with anticipated completion by April 2023. COMPETITIVE SOLICITATION PROCESS: On October 16, 2022, the Contracts and Procurement Department issued a Request for Bids with the RFB Number 4414 for Salinas Park Connectivity. The City of Corpus Christi received bids from two bidders. The city analyzed the bids in accordance with the contract documents and determined Mako Contracting is the lowest responsive, and responsible bidder. As the lowest bid received was within the acceptable range of Engineer's Opinion of Probable Construction Cost the City decided to proceed with the project. A summary of the received bids is provided below: BID SUMMARY CONTRACTOR BASE BID Mako Contracting $302,156.10 CSE W-Industries, Inc. $1,198,153.95 Engineer's Opinion of Probable Construction Cost $264,401.63 There is currently, $434,082 remaining in the programmed CIP budget for the FY23 CIP. The lowest bid of $302,156.10 is within budget for the project. Mako Contracting has successfully completed the following city park projects: Cole Park Improvements (parking lot, sidewalk, pavilion foundation), SEA District Improvements (ADA Improvements, asphalt repair, concrete work, lighting, utility improvements), Community Park Improvements - Bill Witt Park (site grading, water fountains, utility improvements) and West Guth Park (new park benches, trash cans, tables, disk golf). In addition, Mako Contracting has successfully completed the following street projects: Laguna Shores Road from South Padre Island Drive to Graham Road (full reconstruction with utilities), Lipes Boulevard from Yorktown Boulevard to Sunwood Drive (full reconstruction with utilities), and Downtown Road and Streetscapes Improvements (ADA Improvements). Mako was also awarded the Salinas Park Improvement project. ALTERNATIVES: City Council could choose not to award the construction contract to the lowest responsive and responsible bidder, Mako Contracting. This would delay the new improvements to the Salinas Park connectivity and may affect the ability to provide a safer environment for the community to access and utilize the Salinas Park. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of$302,156.10 with funds available from the Park CIP Fund. The approved CIP project page is included in the package. Funding Detail: Fund: Park CIP (3280) Mission Elem: Maintaining Park and Recreation Facilities (141) Project No.: Salinas Park Connectivity (Project No. 22017) Account: Construction (550910) Activity: 22017-3280-EXP Amount: $302,156.10 RECOMMENDATION: Staff recommends awarding a construction contract for the Salinas Park Connectivity to Mako Contracting for the park improvements. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Bid Tab CIP Page PowerPoint TABULATION OF BIDS nc.�rgenla Singlnon,vt� BASE BID RAL(per SECTION 012901 MEASUREMENT PND BASIS FOR PAVMENR 05 SUBTOTAL.RTA GENE—U.—All-ARI 8 —9U.Uu 1 $ .t55Yu:t.f5 I]LID.,IF I:I RN U129 IF R.IUR-RN I AND BASIS FV NIS oN V'eo cl 5 0 5 0 5 0 5 otvml5 0 5 0 5 0 5 1� 11E as[li'eocl 5 0 5 011 11 5 0 5 nT—DE sv/rwRil U 5 0 5 0 5 0 5 ac[111EDI 5 0 5 0 5 0 5 vs P)la'l 6.11D)(11.11) 115 a 5 0 5 0 5 05 05 05 77— R111 III ervTlllEUlls it Rcal 5 0 5 0 5 0 5 $ III REI-1-1—RE 1$ p $ 1-46.10 p $ 275A65.00 P.1 C SIN—K AND ADA TS(per SECTION 012901 MEASUREMENT PND BASIS FOR PAYIVENR 05 rvEI-E)rvG 5 0 5 05 0 5 Rr AD_ 8 /ZU.Uu $ 53 US.UU DRIONS CE(per SECTION 012310 ALTE RNATE SAND PL NCES) $ $ $ SUBTGTALPARTD UNFORESEEN CONDRIONSAILLOWANCE(ft..DRIp $ 3U000.00 p $ 3U000.00 TOTAL PROJECT BASE BID ITEMSA THRUD $ 302,156.10 1$ 1,198,153.95 PROJECT LOCATION @FFN , W w SCALE. N.T.S. CORPUS CHRISTI BAY R Gm '� yG s°Wa �D was N NUECES BAY Q LOCATION MAP s g NOT TO SCALE LF I RIVER R ppARD PROJECT LOCATION Y IH 37 Q J U AGNES AGNES� z C) MORGAN CD CORPUS Y CHRISTI mBEAR INTERNATIONAL z AIRPORT Q x, W. POINT Q �o lis CD 00ooa Q cp�l/ � �� '� yq� Meq �o <<Y F VICINITY MAP NOT TO SCALE PROJECT NUMBER: 22017 SALINAS PARK CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS CONNECTIVITY DEPARTMENT OF ENGINEERING SERVICES =�`� PROJECT NUMBER: 22017 VICINITY MAP NOT TO SCALE . 4 N SCALE: N.T.S. 4. SALINAS PROJECT LOCATION rl m n x a a AIRPORT PARK IN z WASHINGTON ST. z AW Ln a. SALINAS PARK CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS � CONNECTIVITY DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 22017 '• , Project Name Salinas Park Connectivity , Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Park Improvements Priority 2 Critical-Asset ConditionVongevity Status Active Description Improve Salinas Park by repave and improve a parking lot,installing sidewalks to walking trail to improve the use and enjoyment of the citizens and public. Justification Currently the park has need of improvement and residents use will be improved. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 415,000 415,000 Design 15,459 15,459 Eng,Admin Reimbursements 459 19,082 19,541 Total 15,918 434,082 450,000 Funding Sources Prior Years 2023 2024 2025 Total General Fund 15,918 434,082 450,000 Total 15,918 434,082 450,000 Budget Impact/Other Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. 82 Corpus Chr sti Engineering Salinas Park Connectivity I Council Presentation December 20, 2022 Project Vicinity Corpus Chr sti Engineering MOO PROJECT iCCAT'ON W s N .. N b _ - SALINAS PARK l MUECES H4Y � /� PROJECT LOCATION LOCA710N MAP �� NM 1D SCVd � 1 RIVER g ��D IH 37 PROJECT LOCATION 3 ` i Ua � ! � ACNES AGNES a o a u AlRPOR7 PARK CORPUS u x CHRISTI a m INTERNATIONAL J� �q AIRPORT 44' y ®�,O'� S wnsxmcrav n. Y 2 Project Scope Corpus Chr sti Engineering The construction scope includes: • New connectivity of walking path from Airport Park to the Salinas Park • 5' wide concrete sidewalk path from Beechcraft Avenue connecting to the Salinas Park walking trail • New asphalt parking lot with stripping • All improvements will be ADA compliant. • Lighting along the walking path and parking lot to be provided by AEP Project Schedule J Corpus Chr sti Engineering 2022-2023 1 October — January February —April Bid/Award Construction Project schedule reflects construction starting in January 2023 with anticipated completion by April 2023. Corpus Christi Engineering i Questons ?. SC 00 a� �h NCORPOR 1'0 AGENDA MEMORANDUM zss2 Action Item for the City Council Meeting December 20, 2022 DATE: December 20, 2022 TO: Honorable Mayor and City Council CC: Peter Zanoni, City Manager FROM: Kimberly L. Houston, Interim City Auditor Kim berlyHCa)-cctexas.com (361) 826-3661 Resolution to Approve the Calendar Year 2023 Annual Audit Plan CAPTION: Resolution Approving the Calendar Year 2023 Annual Audit Plan to be implemented by the City Auditor's Office. SUMMARY: In accordance with Code of Ordinance Chapter 12 '/2 City Auditor, this request is for the approval of calendar year 2023 Annual Audit Plan. BACKGROUND AND FINDINGS: This plan was developed based on areas considered to be of highest risk to the City with input requested from the Mayor and City Council. Chapter 12'/2 Section 2(h) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting to the full City Council for approval. The proposed audit plan was approved by the Audit Committee on October 11, 2022. As the introductory year of the 5-year construction audit program, audit categories are presented in lieu of specific contracts. Upon completion of our construction audit risk assessment, a modified audit plan will be presented for approval by the Audit Committee specifying contracts to be audited. The selected construction projects will be shared with the entire City Council. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the resolution for the Calendar Year 2023 Annual Audit Plan as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A— Calendar Year 2023 Annual Audit Plan RESOLUTION APPROVING THE CALENDAR YEAR 2023 ANNUAL AUDIT PLAN WHEREAS, Chapter 12, Section 12'/2 -2(h)(1) of the City Code of Ordinances requires that not less than 30 days prior to the beginning of each calendar year ("CY"), the City Auditor shall submit an annual audit plan to the City Council through the Council's Audit Committee ("Audit Committee") for review and comment; WHEREAS, the Audit Committee reviewed and approved the CY 2023 Annual Audit Plan at its meeting on October 11 , 2022; and WHEREAS, the Audit Committee has forwarded the CY 2023 Annual Audit Plan to the full City Council for the City Council's review and final approval; now, therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council has reviewed and approves the CY 2023 Annual Audit Plan, which plan is attached to this resolution as Exhibit A. 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 1 of 2 City Auditor's Office 2023 Annual Audit Plan Department Item No. Audit Objective Audit Area Proposed Audits Al Engineering and Corpus Christi Water Utilities Construction Project A2 Engineering and Corpus Christi Water Utilities Construction Project Audit construction project internal controls from a process and cost viewpoint at a given point in the construction project life cycle(i.e. A3 Engineering planning,design,pre-construction,construction). Building Construction Project A4 Engineering and Public Works Street Construction Project Wastewater A5 Environmental Protection Agency(EPA) Does Wastewater's CIP projects align with the EPA Consent Decree? Consent Decree Police Department F1 Evaluate status of prior audit recommendations. Law Enforcement Special Revenue Account Parks and Recreation F2 Evaluate status of prior audit recommendations. Nueces County Victims'Memorial Garden Contract Review Project Carryovers Solid Waste 21-A2 Hauler Remittance of Municipal Solid Waste Are the haulers remitting the MSWSSC as required by ordinance? System Service Charge(MS WSSQ Human Resources 22-A4 Are ineligible recipients receiving City health insurance benefits? Employee Beneficiary Verification 17-A9 Police Department Are sufficient controls in place over the evidence and property room Property Room function? Utilities and Gas Department Are sufficient controls in place to ensure adequate responsiveness to 19-A5 Field Operations work order requests for meter,register,and other equipment essential to utility billing? Engineering Services Is Engineering Services'cost recovery methodology recouping 22-A3 Capital Management Cost Recovery expenditures related to administering the management of capital projects? AU 19-002 Citywide Overtime Monitoring Is management ensuring overtime is authorized,justified,and monitored? Other Projects/Continuous Auditing CA Unannounced Cash Counts Are cash funds intact? PC Procurement Card Reviews Are p-card purchases made in accordance with procurement policies and procedures? City Auditor Hotline FR Investigate allegations of fraud,waste,or abuse. Investigations Audit Committee SP Allow time for special requests approved by the Audit Committee Special Requests Legend In progress New audits so G� O � U NCOppOpA�E� AGENDA MEMORANDUM is52 Resolution for the City Council Meeting of December 20, 2022 DATE: December 9, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraym ond(a-)-cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for Street Oversizing; Appropriating Funds from the 2012, 2016, and 2018 Bond Funds to Construct a C-3 Collector Street in Kings Landing Unit 2. CAPTION: Resolution authorizing a developer participation agreement with MPM Development, LP to reimburse developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa Drive (formerly Iron Throne Drive). SUMMARY: MPM Development, LP is developing a new residential subdivision and is required to construct new C-3 collector streets. Developer has agreed to enter into a developer participation agreement to oversize the planned street and construct them of out of roller compacted concrete to reduce street maintenance costs and increase the street's longevity. This participation agreement is a continuation of prior projects for the same street within the same development named Kings Landing. The estimated one-time City portion of the cost to oversize the new streets, including curb and gutter, is $192,253.75. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, has requested reimbursement through a developer participation agreement for the continuation of the oversizing construction of new C-3 collector street named Lady Alexa Drive (Formerly known as Iron Throne Drive). Continuation of the new street is in conjunction with a residential subdivision named King's Landing Unit 2. Developer is required to construct Lady Alexa Drive (Formerly known as Iron Throne Drive) to meet the requirements of a C-3 collector cross section street and is only responsible for the cost of the portion of each street up to that of a Residential Collector Street (C-1) standard, and has agreed to oversize the new street in accordance with the current Urban Transportation Plan (UTP), provided the project would be eligible for reimbursement from the City for the requested oversizing portion of the new street. Developer and City staff have agreed that due to the volume of vehicle traffic, the proposed street shall be constructed in concrete, which is in the City's best interest. Additionally, the oversized portion of the street is eligible for reimbursement of the construction costs per UDC Section 8.4 and Texas Local Government Code 212.07. ALTERNATIVES: This project will extend a new street and will provide greater access to King's Landing Unit 2. An alternative to utilizing Developer Participation funds from available Bond monies to construct the required street improvements would be to construct the new street under a city-initiated CIP project. This option would most likely delay the new street construction until the required funding for the street improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned residential subdivision in a timely manner. FINANCIAL IMPACT: The $192,253.75 in funding for this developer participation agreement come from funds that have been earmarked during a City Bond initiative to improve existing or construct new City streets and other related improvements. The 2012, 2016, and 2018 Bond has sufficient funds available to reimburse developer through participation agreement for the construction of new street, other related improvements, and improvements to existing deteriorated streets to bring them up to current standards. This project will construct a new City Street with curb and gutter as part of the development of the planned subdivision named King's Landing Unit 2. The planned streets are being oversized along with other improvements, at the City's request, to allow for greater access to the planned subdivision in accordance with the Urban Transportation Plan. This request is a one-time cost associated with the development of the project. Funding Detail: Fund: 3703 (Developer Participation Bond 2018) Project# (CIP Only): 23183 (Lady Alexa Kings Landing 2) Amount: $93,282.88 Fund: 3702 (Developer Participation Bond 2016) Project# (CIP Only): 23183 (Lady Alexa Kings Landing 2) Amount: $52,152.40 Fund: 3701 (Developer Participation Bond 2012) Project# (CIP Only): 23183 (Lady Alexa Kings Landing 2) Amount: $46,818.47 RECOMMENDATION: The request in in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings and Section 212.072 of the Local Texas Government Code. The oversizing improvements to Lady Alexa Drive (Formerly known as Iron Throne Drive) and other improvements will provide greater access to King's Landing Unit 2 and follows the Urban Transpiration Plan. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution (with exhibit) Presentation Location Map Resolution authorizing developer participation agreement with MPM Development, LP to reimburse developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa Drive. WHEREAS, the Developer is oversizing by constructing Iron Throne Drive and Drogon Street as C-3 collector street in lieu of 28' residential street; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement ("Agreement") with MPM Development, LP., ("Developer'), for the City's portion of the cost to construct Lady Alexa Drive including all related appurtenances for development of Kings Landing Subdivision, Corpus Christi, Nueces County, Texas. Page 1 of 2 PASSED AND APPROVED on the day of 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez John Martinez Billy Lerma Michael Hunter Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 PARTICIPATION AGREEMENT For the Subdivision of King's Landing Unit 2 Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements This PARTICIPATION AGREEMENT("Agreement") is entered into between the City of Corpus Christi (referred to in this Agreement as "City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and MPM Development LP, (referred to in this Agreement as "Developer"), a Texas Limited Partnership. _____WHEREA.SS,._Developer desires to develop and plat the Property designated_.o.n_Exhibit_.___.. . _ 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as King's Landing Unit 2 ("Unit 2"); WHEREAS, as a condition of the Plat for Unit 2, the Developer is required to expand, extend, and construct Lady Alexa Drive (formerly Iron Throne Drive) as depicted on and following the improvement requirements outlined in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, the Developer is oversizing by constructing Lady Alexa Drive (formerly Iron Throne Drive) as a C-3 collector street in lieu of 28' residential local streets; WHEREAS, the Developer desires to utilize Roller Compacted Concrete (referred to in this Agreement as "RCC pavement") for the Roadway Improvements within the King's Landing Subdivision pursuant to the Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this Agreement as "Pilot Program") executed July 25, 2022, as may be amended ; WHEREAS, the Developer is willing to warranty Roller Compacted Concrete Roadway Improvement for 10 years; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Developer in conjunction with the final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Developer agree as follows: Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 1 of 16 Section 1. RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering and executing this Agreement. Section 2. ROLLER COMPACTED CONCRETE PAVEMENT. Per this Pilot Program, the City agrees that it will authorize the use of roller compacted concrete pavement (as that term is defined by the RCC Pavement Council) for the King's Landing Unit 2 per the terms of the Pilot Program. (a) Developer agrees to construct all roadway improvements within Kings Landing --------------------- -----Subdi-vision-Unit-2 with roller compacted concrete pavement_(RCC_p.aveme.n.t),-except_ those portions of the roadways that are cul-de-sacs, in which case traditional rebar- reinforced portland cement concrete pavement shall be utilized in conformance with the City's Unified Development Code and City Design Standards. (b) For King's Landing Unit 2, Developer shall construct the RCC pavement in accordance with the site-specific geotechnical report as depicted in Exhibit 3 and engineering plans and specifications as depicted in Exhibit 2. Concrete curb and gutter construction shall be constructed to City Design Standards. (d) Developer will construct collector streets with at least 8 inches thick roller compacted concrete. All residential local streets smaller than a collector street will be constructed with at least 7 inches thick roller compacted concrete. (e) Prior to installation of the RCC pavement, the Engineer of Record and the Geotechnical Engineer must review and approve all material submittals associated with RCC pavement prepared by the general contractor, and provide reviewed and approved submittal copies to the City. (f) Prior to installation of the RCC pavement, Developer shall submit the experience record of the RCC pavement operators and installers to the City Engineer for review. All contractors involved with the construction operations of the RCC pavement, including maintenance, repair, and replacement, must have at least five (5) years' experience in the day-to-day installation, field management, and oversight of RCC pavement projects and meet all insurance and indemnification requirements of the City Contract under which the original RCC pavement was constructed, unless modified by mutual agreement. Associated Insurance Certificates shall be submitted to the City prior to beginning work (g) Prior to installation of RCC pavement, Developer shall obtain approval of construction engineering plans from the City Engineer. (h) Prior to the acceptance of roadway improvements, the Developer's Engineer of Record must submit record drawings to the City certifying that the RCC pavement was constructed in strict accordance with the approved construction drawings and technical specifications. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 2 of 16 The authorization to utilize RCC pavement per this Agreement and the Pilot Program is limited to the King's Landing Subdivision. The City may terminate this Authorization to use RCC pavement at any time for any reason and require future streets within Kings Landing subdivision be constructed with rebar-reinforced portland cement concrete pavement meeting City Design Standards. Section 3. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. Within King's Landing Unit 2, the Developer must complete the Lady Alexa Drive (formerly Iron Throne Drive)within 24 calendar months from the date this document is executed ------------by-t-he-City.T-ime--is-of--the-essence in the performance of this contract. Section 4. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, the Developer will construct Lady Alexa Drive (formerly Iron Throne Drive) as C-3 collector streets with at least 8-inch thick RCC pavement per Exhibit 2 and Exhibit 3, for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 4 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive). Further, subject to the limitations set forth below, the City shall pay for a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive) up to $192,253.75. Section 5. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Lady Alexa.Drive (formerly Iron Throne Drive) shall not exceed $192,253.75. Section 6. REIMBURSEMENT. The Developer shall be responsible for the entire up-front expenses of the Roadway Improvements for Lady Alexa Drive (formerly Iron Throne Drive). The City shall reimburse the Developer upon completion of all Roadway Improvements within Kings Landing Unit 2 contingent upon the certificate of acceptance issued by the City Engineer, sworn certification on City form that the Developer has paid all contractors and subcontractors in full, and presentment of the maintenance bond. Such reimbursement will be payable to the Developer at the address in the Notice Section of this Agreement. Section 7. PERFORMANCE AND PAYMENT BOND. Before beginning the work that is the subject of this Agreement, Developer shall provide (or cause its Contractor to provide) the City with a performance bond and a payment bond on City's approved Performance and Payment Bond forms, said forms attached hereto and labeled as Exhibit 5 and Exhibit 6, in accordance with and in satisfaction of Section 212.073 of the Texas Local Government Code in the estimated amount of the construction costs for Lady Alexa Drive (formerly Iron Throne Drive), reflecting City as Obligee thereunder. Bonds furnished must meet the requirements of Texas insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The amount of the performance and payment bonds shall be the full cost of to construct Lady Alexa Drive (formerly Iron Throne Drive) to ensure the completion of the project. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 3 of 16 Section 8. MAINTENANCE BONDS. (a) For King's Landing Unit 2, the Developer shall provide a Maintenance Bond with a term of 7 years following completion of the Roadway Improvements within King's Landing Unit 2. The maintenance bond will be renewable biennially for the first six years and annual for the last year. The surety must give 60 days' notice of their intention not to renew the bond and failure to renew the bond is not a basis for claim on the expiring instrument. If the surety declines to renew the bond, the Developer must provide an ____accep-tab_le_r_eplacement maintenance bond, irrevocable letter_of..credit,_o.r__cash_d.e.posit_______-__ before the expiration of the maintenance bond. It is a breach of this agreement if Developer fails to provide a maintenance bond, irrevocable letter of credit, or cash deposit for the full 7-year term. The maintenance bonds, irrevocable letter of credit, or cash deposit will cover 100 percent of the replacement cost for Lady Alexa Drive (formerly Iron Throne Drive) and Roadway Improvements within the King's Landing Unit 2 with traditional rebar-reinforced portland cement concrete pavement. In addition, before any reimbursement to the Developer for the construction of Lady Alexa Drive (formerly Iron Throne Drive), the developer shall submit the maintenance bond for King's Landing Unit 2 and associated power of attorney to the City Engineer in forms approved by the City Attorney, said form attached hereto and labeled as Exhibit 7. (b) If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre-approved by the City's Chief Financial Officer and City Attorney, be issued by a banking institution having a local branch office within the State of Texas, be valid for a period of 12 months from the date of issuance or longer. The Developer must ensure that the letter of credit is kept valid at all times during the maintenance period. The letter of credit must be renewed by the Developer before expiration, and proof of such renewal must be received by the City at least thirty days prior to the expiration of the then current letter of credit. If timely renewal is not received by the City, or cash in lieu thereof is not deposited as financial security with the City, the City may, after ten days prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted by the Developer for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developer for the accrual or payment of interest on any type of financial security posted by the Developer pursuant to this Agreement. (c) If financial security is provided and the Developer fails to maintain and repair streets as stated in this Agreement, the Developer agrees that the City, after notice in writing to the Developer, may transfer the cash funds received or call (redeem) the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account. If the maintenance and repair cost exceed the irrevocable letter of credit or cash deposit, the Developer shall reimburse the City for Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 4 of 16 any additional costs related to maintenance and repair within 30 days after the City invoices. Section 9. MAINTENANCE. (a) During the period of at least 7 years following acceptance of roadway improvements, all maintenance and repairs of the Roadway Improvements in the King's Landing subdivision Unit 2 will be performed entirely and exclusively by Developer. Failure of the Developer to promptly complete all maintenance and repairs of all streets in this subdivision will be a violation and breach of this agreement. The Developer shall ___.._comp.le_te__all_s_uch_maintenance or repairs of the streets with in__.60_d.a_y_s_after_b�_ing___..______ requested in writing to do so by the City Engineer. (b) Any deficiencies occurring during the Maintenance Period shall be immediately repaired at Developer's sole expense in accordance with the repair and replacement descriptions below and in accordance with the Pilot Program. Deficiencies requiring repair shall include: 1.Minor Cracks. any crack greater than 1/8-inch and less than %-inch other than cut joints; 2.Minor Differential Vertical Separation. any differential vertical separation between RCC pavement panels equal to or less than 1/8-inch across the joint; 3.Minor Spalling. any spalling, honeycombing, or other defects less than 2 square feet or less than 1-inch deep; 4. Minor Curb Separation. any separation of RCC pavement from curb and gutter equal to or less than-1/8 inch; and 5.Joint Sealant. any separated, cracked, or missing joint sealants. (c) Repairs shall include: 1.Minor Cracks. Any crack greater than 1/8-inch and less than Y4-inch width shall be sealed with a City-approved flowable elastomeric pavement crack sealant (Sikaflex or equal). Minor cracks will not include any differential vertical movement (up-down) greater than 1/8-inch across the joint. 2.Minor Differential Vertical Separation. Any differential vertical separation between RCC pavement panels equal to or less than 1/8-inch across the joint shall be diamond grinded to eliminate differential vertical separation. 3.Minor Spalling. Any surface spalling of areas less than 2 square feet or less than 1-inch deep shall be high-pressure wash prepared to remove all dirt, debris, Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 5 of 16 and loose material, prepared with a bonding agent, and filled with a low-shrink epoxy modified grout. 4. Minor Curb Separation. Any separation of RCC pavement from curb and gutter equal to or less than 1/8-inch shall be sealed with a City-approved flowable elastomeric pavement crack sealant (Sikaflex or equal). 5.Joint Sealant. Any separated, cracked, or missing joint sealants shall be cut out and replaced with new elastomeric joint sealant (Sikaflex or equal)following high- pressure wash joint cleaning. (d) During the first 7 years following acceptance of RCC pavement roadway improvements, the City will not complete any maintenance or repairs of RCC pavement Roadway Improvements. The City Manager is prohibited from authorizing city staff from making any repairs during the first 7 years following acceptance of RCC pavement roadway improvements. (e) Developer shall notify the City Engineer prior to repair to allow for inspection and approval of repair work. (f) The City Engineer will be the final authority in determining deficiencies and level of deficiencies of RCC pavement. Section 10. REPLACEMENT. (a) During the period of at least 10 years following acceptance of roadway improvements, the Developer shall replace RCC panels with deficiencies identified in this section. All replacement of RCC panels in the Kings Landing subdivision will be performed entirely and exclusively by Developer at Developer's sole expense. The Developer shall complete all such replacement of the street panels within 60 days after being requested in writing to do so by the City Engineer. (b) Deficiencies requiring replacement shall include: 1. Major Cracks. any panel with a crack across 50% of the length or width of the panel and greater than 1/4-inch at any point in the crack; 2. Major Differential Vertical Separation. any differential vertical separation between panels greater than 1/8-inch; 3. Major Curb Separation. separation of RCC pavement panel from curb and gutter greater than 1/8-inch; 4.. Uncontrolled Cracking. a RCC pavement panel with more than one uncontrolled crack; and 5. Major Spalling. any spalling, honeycombing, or other defects greater than 2 square feet or more than 1-inch deep. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 6 of 16 (c) Replacements shall include: 1. Major Cracks.Any RCC pavement panel with a crack greater than %-inch width across 50% of the length or width of the panel will be replaced with new RCC - pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 2. Major Differential Vertical Separation. Any differential vertical separation between RCC panels at any location with differential movement (up-down) ___--___ g.r_e.ater_than 1./_8-inch across shall be replaced with ne_w_RC-C pavement_panel-or_ _ traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 3. Major Curb Separation. Any RCC pavement panel with separation from curb and gutter more than 1/8-inch shall be replaced with RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints in a manner that keeps the original alignment oOf the curb and gutter. 4. Uncontrolled Cracking. Any RCC pavement panel with more than one uncontrolled crack will be replaced with new RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 5. Major Spalling.Any RCC pavement panel with surface spalling of areas greater than 2 square feet or more than 1-inch deep shall be replaced with RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. (d). Saw cut. Any panel being replaced shall be saw cut out to the nearest adjacent contraction or expansion joints and replaced. (e) RCC Pavement System Failure. In the event of major cracking or major spalling deficiencies of more than 30% of RCC pavement panels on a street within the first 7 years, the City may in its sole determination and discretion require the removal and replacement of all RCC pavement panels within the subject street, both deficient and non-deficient RCC pavement panels, with traditional rebar-reinforced portland cement concrete pavement meeting City specifications. Any such roadway segment replacement will be at the Developer's cost. (f) Developer shall notify the City Engineer prior to replacement of RCC pavement panels to allow for inspection and approval of replacement work. (g) The City Engineer will be the final authority in determining deficiencies and level of deficiencies of RCC pavement. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 7 of 16 Section 11. WARRANTY. The Developer shall fully warrant the workmanship and construction of the Roadway Improvements within the King Landing Subdivision for a period of 10 years from and after the date of acceptance of the Roadway Improvements by the City Engineer. Upon notice by City of any defects and faults in materials, workmanship and design, Developer shall promptly, but no later than 60 days after notice, correct such defects and/or faults to the satisfaction of the City. Section 12. INSURANCE. Insurance requirements are as stated in Exhibit 8, the content incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Developer must deliver a certificate --------------of-insur-ante-("COI")—as-proof of the required insurance coverage-s,to-#he-City°s-Risk Manager--------- and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the written request. Section 13. CONSTRUCTION. The planned Roadway Improvements shall be constructed in accordance with the Pilot Program, approved Plans, Geotechnical Engineering Reports, and related specifications and industry standard practices. Section 14. INSPECTIONS. (a)Throughout construction, the City may conduct periodic inspections and either approve the progress of the Roadway Improvements or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Roadway Improvements. (b)Following completion of the Roadway Improvements, the City may conduct periodic inspections of the Roadway Improvements and will promptly notify the Developer of any defects and faults in materials, workmanship, and design. (c) The Developer or its representative shall attend quarterly site inspections with the City during the first 3 years of the warranty period to observe the RCC pavement and identify and document any needed repairs or replacements. After the first 3 years of quarterly inspections, inspections shall be every 6 months thereafter until the 10 year of warranty is met. The City will develop an associated Required Repair or Replacement plan following inspection, provided to the Developer for execution. All identified repairs or replacements shall be completed within 60 days of that plan unless the Developer and its approved contractor are delayed by force majeure or other events beyond its control. Section 15. INDEMNIFICATION. Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands, suits, and causes of Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 8 of 16 action of any nature whatsoever asserted against or recovered from indemnitees on account of injury or damage to person including, without limitation on the foregoing, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with Roadway Improvements within the Kings Landing Subdivision, including the injury, loss, or damage caused by the contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity survives the termination of this Agreement. Section 16. DEFAULT. The following events shall constitute default: (a). Developer fails to submit plans and specifications for the Roadway Improvements to the City Engineer in advance of construction. (b). Developer does not reasonably pursue construction of the Roadway Improvements under the approved plans and specifications. (c). Developer fails to complete construction of the Lady Alexa Drive (formerly Iron Throne Drive, under the approved plans and specifications within 24 months. (d). Developer fails to perform warranty work. (e). Either the City or the Developer fails to comply with its duties or obligations under this Agreement. Section 17. NOTICE AND CURE. (a). In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. (b). After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 9 of 16 (c). In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. (d). Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in Notice Section of this agreement, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. (e). In the event of an uncured default by the Developer, after the appropriate notice and - — --Gur-e-Period—the-Gity-has all its common law remedies and the-Gity-may. - -- -- 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. (f). In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 18. FORCE MAJEURE. (a). The term "force majeure" as employed in this Agreement means and refers to acts of God; acts of a public enemy; insurrections; riots; epidemics; landslides; earthquakes; fires; hurricanes; explosions; or other causes not reasonably within the control of the party claiming the inability. (b). If, by reason of force majeure that is not known or reasonably anticipated at the time of this agreement, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 19. NOTICES. (a). Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Developer: City of Corpus Christi MPM Development, L.P. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 10 of 16 Attn: Director, Development Services Attn: Moses Mostaghasi 2406 Leopard Street / 78401 PO Box 331308 P.O. Box 9277/78469-9277 Corpus Christi, Tx 78401 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: City Engineer 1201 Leopard Street/ 78401 — - - P-O-Box 92-77 / 78469-9277 Corpus Christi, Texas (b). Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. (c). Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 20. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Improvements, contracts for testing services, and contracts with the contractor for the construction of the Roadway Improvements must provide that the City is a third-party beneficiary of each contract. Section 21 . DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code Sec. 2- 249, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 9. Section 22. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 11 of 16 more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. Section 23. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Section 24. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected, and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 25. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 26. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Roadway Improvements. It supersedes all prior or contemporaneous understandings or oral or written representations regarding the subject matter hereof. Section 27. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 28. APPLICABLE LAW: VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 29. AUTHORITY. Each Party represents and warrants that it has the full right, power, and authority to execute this Agreement. Section 30. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, not an officer, agent, servant, or employee of the City. Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants. The doctrine of respondent superior shall not apply between City and Developer, its officers, agents, Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 12 of 116 employees, contractors, subcontractors, and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 31 . NON-APPROPRIATION. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in the said budget. It is within the sole discretion of the City's City Council to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Section 32. WAIVER OF TRIAL BY JURY. City and Developer agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 33. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 34. NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 35. PILOT PROGRAM FOR RCC ROADWAY IMPROVEMENTS Public Improvements shall be designed and constructed in compliance with Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement, as amended. Maintenance and warranty for Public Improvements will be provided in accordance with the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement, as amended. Any conflict between this agreement and the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement, the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement shall control. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 13 of 16 Exhibits Attached and Incorporated by Reference: Exhibit 1 - Plat- King's Landing Unit 2 Exhibit 2- Public Improvement Plans- King Landing Unit 2 Exhibit 3- Geotechnical Report (Specific to Kings Landing Unit 2) Exhibit 4- Cost Estimate Exhibit 5- Performance Bond Exhibit 6- Payment Bond Exhibit 7- Maintenance Bond Exhibit 8- Insurance --E-xhibit-9---Disclos-ure-of-Interest - - ----- ----- ----- — Incorporated by Reference Only: Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this Agreement as "Pilot Program") Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 14 of 16 DEVELOPER: MPM Development, LP Moses Mostaghasi Date General Partner JOANN SALINAS Notary Public,State of Texas Comm.Expires 03-02-2026 STATE OF TEXAS § '��,F�;,;�`°� Notary ID 133621810 COUNTY OF NUECES § This instrument was acknowledged before me on �CPrr+b2.r I ' 2022, by Moses Mostaghasi, General Partner of MPM Development, LP, on behalf of said company. C NIWP'ublic's Signature Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 15 of 16 EXECUTED IN ONE ORIGINAL this day of , 24 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Senior Assistant City Attorney For City Attorney Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 16 of 16 • �TE�Y o --- —- x.a R•" CURVE DATA srarE a rExas 4 tEl NIL', �r P 29:Bs�� ucE E sExEx Cdwiwv,H[EE —ly,F,i°C�U xx.a0. , F ,P, °RECVRas.xvECE C0..,x cN89_04'28'Ef 290,00_ / ias i,• xdOrns OF a LEx a rommx a rwiB E°rn�nEm wir�aR`,r�f ecwmM�Es ——— - — ——1 w'zs•• a ME roRmaxc u o rwT wE avPPa rxE MBor.,9mx an oEOMarcm x P. w PEEMPs.xuEasSCIl Tx r Y iA Wr IEa OY _.._ �„ NR w2 auRa°°Es uPl COxibmarlON9 IIEREx pwRf55F0 --- 0.R OFFIOt,F—.05,x1AOFs rn.Tx 16 ,9>6 ire s I� PNx c�I a s aro;° z u„E,rR E.s M m n R ”":•`Sy " sure OF,Exs mu m s tO HI J I'`3�• [x;,1.1.• cWxn OE xuEtiS 4 �. 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APPROVED BY •orn rmar »,nx FEBRUARY 03,2021 F'1 It. �ss•y 1 14 I�m PLANNING COMMISSION n 1,.4 3I YI 1 >s e ss wI I p 30• m• ,eo• PLAT OF e RECEIVED SCAIE�I'=60' KING'S LANDING UNIT 2 0 I I Q n SB 'o 'S1'u 29 .OG' 69 I I @70 • CORPUS CHRISTI, NUECES COUNTY, TEXAS I i Develog Ft Se vices BASS a WELSH ENGINEERING .ee K istl ' pRpGON Si ' LEET 2�6 3 9wrlw u n Iw s]a xsc rano,con �i�mn a e an amssre`"i v'sua,Er zol9muez,n a.,n rmr�w wsanvEr Ix aassanc>sal. 1°�y it r ears swE n,swvEr n. caanrlure m,swvn u]. ax>sn.czaru,cn]c ._ ......is ao'sumr-ss9.-nnsnera'r.-eEe9salus niers nes]axcr s»,cEnsnu]c re.slla sw — ._ __. sur¢rs xNn aauwlau acvEimi'rcx].iz n"r' rn sx sv Iw>lw ww�.nxuz s aaa>amrr, aac arrm x SA ar\ 6¢ar N89'04'28'E 1035655' N00'S5'32'W 134-00' s•is,mr.�w.¢ate I nn O m.o s e�>. eaoz ..z u m]s a e>s¢u ere..s - 1 O ❑ N89' 04'28'E 59.78' I us d N89'04'28'E 75.00' awssw a-n lm a]o auE tants.voe PvmnwwsuavEr las ne's'e'vaT-c-Tj ' s¢ar 6aar sEe 6i.¢N _ere.aa_ _ sa m' _ss oo'_ _weer•_ _____o ml�,E�nisu:rE wc'r, -- ---- -- -- res ss suavEra aPa[o apciul ` uir i�eicrs _– w•2e'E 9m 3 N89* w'Dema N00'S5'32'W y _E_s _ -—-—-—A N89'04'28'E 514.92' 82.19' _--.-—----'—---- CLEGPNE err a leg• �— n $ ie9•w• E tom err < s se.Doc iu xx.as I9Oase.Do- worar nen 6amo 62.OU !'E 9 � "8 zzy I �9°' 9a�9 Sr � 9]so'sr Oeisu Y 190 K �� 9>a2 u I.1� iv tw%R V$ease Y a e6a,Y` I xla Sr a]6e u y$ex9i]S weer s x9'u a6l Y laEn u $ o __ s -4.w- _ _� T.]Y ^ I �Qo I ,w " © ' re9•a.•=a•E a99. o nar aeaN g#o;I >I _— se9•w•za•v .oa sr—_—_ m 8 I (D $ ❑ N 8 s9a91>>` 1 'v ISERION cr ;; _ KB lea8 1zi �R u I E,1 p _—v —11, s�E I '.-\ i.tl•1 —]2.0¢' 66ar .uar 61ar I 2i u g�� m L�>- ----- �I _G _ _ _ _--___.–--–9AELF5ST m _a—___ --— -----•� —— ' 4 6).W —]!W lxW bem —69—W--ROTC 1 �� zeN O�w I mslawsww a o I g $ r O O a n WN zz v.sz,r.n a.. o N 9roz u I$ 'aI err =$ ]]]u z9 e "$ esae a San u eaw rale sr azsa 589.04'28'Wa'439,48' oo w "SI Iwm ss $R e zsase sr gen u azsa ss 8$ .N S89'04'28'W60.s00'J z xsw vem xa,NR r s S89'04'28'W 75.00' S89'04'28'M 1050.33' NOO'S5'32'W 11.81' CURVE DATA APPROVE08Y FEBRUARY 03,2021 a: earn Oe ali�ar ©a.iam'asOrz.esoa err Dunaral FtANNINGCOMMISSON PLAT OF .1lZ :}g69 RECEIVED KING'S LANDING UNIT 2 wa.a we,.e w aa9 wan a nag cuyor0¢rpnscndsil CORPUS CHRISTI, NUECES COUNTY, TEXAS Oevel¢pmant Sorvices ¢ ere B1,ASS WELSH ENGINEERING SCALES V• 60• a - ]. sra.E• ttavr'r �. F�.�N6�ca�4aiFYAS�&O9 -Exh-i-bit 2-PH LOCA MPROMEME M73 TORX 3 y MHO'S LANIONG UNOT 29 2-M MMA .LOCATION AP W^'LL'^�*�*`e'a °' �"�T' °Ani "w rw m.0 r�cc.('..m"ri ��� SHEET xM% GONER SHEET 0.vD A•iSC_L-AVECU51rvFCRVAiION SHEET 2 PANNG.GRAS 10 AVC C�U!NNGE F1N h PRORILE n.a un HOPP(HIGH DENSITY POLYETHYLENE PIPE)IS SHEET 1 1.110,N. APPROVED FOR USE THROUGHOUT THIS PROJECT, SHEET 1 SN.'ITAHr r'K a.NC 11:_3 Fav z1.,PROF_- BENEATH STREETS AS WELL AS OUTSIDE OF STREETS. SHEET 5 SANIT S—R—111ER P.A-N I—P rc SHEET 6 N\ L CL GF�Lv.9 5, Pa.v STnEE-SIGN CALL BEFORE YOU 010! SHEET 2 — 10 -SCN sTREEr s:cN 711 m- PCCPLG ONr.N.,P" vAn. SHEET 8 0.D RCGP J PCCP 0.v0 RCCP JOINTING PIAN SHEET 10 PCCP 0.vD RCGP PAYE.VENT OEINL5 e m..e°O GEV EPSL n SHEET it IKC01 SIGNNDc ALS.SVALL ROPOSICE SIGNS a\GULW SLIPBnSEEu C PAVEMENT—XINGS—STREET—E °.,,.r..�rn..>.m..� x°�...r e•acE s.Cv o..:niLs - w.+.� T.—IY2iG1 S'0 a 11R_v,N.S, SHEET 11 i%COT BNG'LE 901 CULVER-5,CP,scc-5k6(SHEET 1) ET 15 T100T SIX—90X CULVER%5.CP,SCC- 6(SHEET 2) .o aa r.orxrrcwzm wma w.aan,.x nw>ee me 'a'xrn ET 16 TXOOT SIX—BOX CULVERTS,CP,SCC-8(SHEET I) SH'Ec 17 TXDOT SINGLE BOX CULw<RTS,LIP,SCC-8(SHEET 2) rttin�a xv+"zrmamva ®wKrn ww-ra.z.c,wa o r rn.-s..n.urmn zm=Tw ST F _ —Irl— ..ac va.s�.w-p s..m<e m-°n>,.�.x w,m.w n B.ENGNEER C PUBUC 'sera CoVUS CHR 5 T 2(12COlOiSJ 5H AHo DISCELUNEOUS wFGR—ON - - -A&.im- ---— '- -- ---------------------An- D-RFAW.,—DD.O N IG—ND-E 35 ,oa o -D - 55 -� --- --- --- --- l ------------ ------ 11 Elk -------------------`--- Qd" I , �� L — -- —= — s L��� - -- I—=- -_ __ --_-- °- -- -- - -- -- ----tea ,:..m: -- , :: N g m 289'04',28'v 439.48 'XIM S89-D-B-W IG50 I D. 3,Da 4+00 1- 6.00 ].00 R- it- -D. 35 ---- ---- ---- ------ --- • 6 7 25 T DID IT D-GG 4-00 1- 6- -0 9,GC -00 •00 12•GO 3c -- --- ---- -- - -- --- -------- - 20 2D 3D 11.Si i. 5 P 'pTl� IS i0 �Rl R-NVLI.I. -, CGRIUS CIRTSTE.NUECES CD,. TX DR, AnO --1-C-�- AINAGE PLAN D P—LE e e 9�%=ae�` '=��e zE3nz ,srnunr cv nr 32'-�E-�127I-..A' --___-_—__—---z_4—_ _-`_- — _________________--— ---r -- - -- -- __—__—__ � _______ IDT _: --------------'--ulsrca En<Exisrm'ceT-----------— t L•q� � • ey�;;i lily - - .. 35.00 ].00 .00 5.00 35 YY ir, 30 .00 .,.,..,'2 .. 3.00 Co ...,r„�•5.O z5 --- " ii E a ::,a.,M1,.,. .m a x.o...ems.oa zs ____ .•,.m,aPo zs -------- _—_ 13 i 20 M `•zo 2•CO a.00 S.00 6•CQ 8-00 9.00 10.00 1.00 t2.00 16.00 • � -• ttcr e¢9x 39 yE ]•CO35 ctl aii .,.. m.,. •,.ie i. i,i• /e./rr • z.....nu-jC- eo_ -__ _ 25 EICIEEIIII :a.ia..ww.c .UfiL1E rIHEr: urSSiO3� 2C 20 -US IST E PFOP EE_ CC+?USC?�.il Sr n rv�"ES Cl TX G�iPC!�rv0 arvC COITIN 1... 4-001— -0,28-E 1035.5- -------------- 30 &TW 71 —————————— 4 °' — I /P\ '�� L_. �1,e'p�J F, L .a -- -- -- -- -- -- -- -- — — -- R—la f � ' II ,. 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TYPICAL PLAN OF UALUE c� e I��y 6 DIST a 4� g= _ &THRUST BLOCK LOCATIONS @ re011 L;, r'I _��"s �,���___ �_ _ __ __ ______ __ ___ _ __ ______ __ ___ _�' ___ __ .a„^„ .gym,•®„�„v 9;e '33� -�+ � -` s]•- nl� - ++ _____ __ ___ __ Ivoo•s•]z•v IZTv1.1 R .b�^^p, `�� 1 �i IIs - • �c•'e4o'rn.s reR nrEgy]ys g; I _____—_—_---_ C,4-ZEH iEXTSRN0IT I it ]5 2.00 1.00 4.00 1.00 35 �� t I•� I I I.aa z.00 ]s 35]s m _ za FCSe 8� 15 gy u ¢ P91P_� atHEO S ,A -Is�rHH I.W 2.00 ]•00 4.a0 5.00 6.00 7.00B.a0 10.00 1]*00 14'39 -- vrxr zv.uin.ud ''ii ”am¢ x m is ____ y r, _w______ ____ ___ I.ra'.rer nx” c er.. t .- 3C 3(1 M -_ a.: ...a.r...� z0 PRcv r2 aan.•erc zs s a. r _ ' S4v..a _v nsER Plan Is IS AUO�P Vie. .®a: ry rouov:Nc s,- -- >e,e ---` -�--- ---- -----"----- -----� - a ry— �.4 I --I r----- - ® - ---- _� a — n --- /-1 rp — —'—I — --- -- — -- -- —7-7 — — — — — --� -- -- -J L- IT ses as ze•v a3s.< rI ,: n© - ---- — -- -- \ — --- I I'• SBS'Ua•29'V 1050.33 SBS'0<2fi� IG°G 33' SANITARY SEVER BASE MAP WATERLINE EASc MAF ,+—•_ a RNVr =zoa `[[' •+ M1 NI,IC'SCLAID G MIT 2 O NR ISii,NUERCES Ca. L S7 RRUVATER IPR gUt—P EVCNTION PLAN, OSiREEi S liGRi P L_PLAry CNBASE M J o— . S-55.32-E 12)I. -_zu_ O- "'..a'•^`"""'. ".'a. w�..�"°m.w SOa'S5.32'E 121 t.AB' _ - r� ____ ____________ K:•�w•+v•+�._ ..""'..,G^e --T-T X =- 3ti---- --- -- -- -- Ye; N00'5'32'V 1211.Ii' A ,..:.....a....... e e � ---- __-----------'-------aNS—L (EXISTING)r--------- .vv yr m..o c2 cw -___-____--_,1 SLID SInP- 'vTi�'C:u n IUs Gf.R IAS i`N'L�"CES Cc rx STERIC VR- ""PIEVENTIEN PLAN, STa_rsI-k--Lsu`we.`LE_N T m:i,wnc.w.awwa v �. ^` 2U,E �w.�,wwn..,.w�� CUNT IxUEU Cv ELLLGV IVL SxEEi NB9•U4 — L35 55' NU9.0• iU35.55 CD / I I I•�',,.us�.":x� I I I �I al :"�.�.:x:a ly O a,O,� i n I I �' PI � �.- ®s � • ,. ,. II I it �I a S89'Ua 28'v 139.• I FIS :Q YO —J _li �1—['x,�kO :• II J,l a. r ��,. .I see'or ze•v O�o.aa• __ _•�}a See•aa ee v"mom.O• • I \' K... 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B TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS :pp i MOTE mrvu..pro ra.a.xn �.a .,v�m.ima nw.W.w1ws 0.10.a00 o"a �sl wan�n..�.qui m�ivs.ro'�I�.mi sim wrinmri..� [ ^��• [� far tl[.Tringalor S11151—SYStM please niervro ttr M&Vlal ironer list for l o"d fila Oa...y f� r rr.rn w n��sly� p_ 'ewe nirievioynv a..vrn �' T tp Tn VvlI be I stolledw or_I isi.trl. g.nm n.io n..r.e.an rip Tn[r.l0as tall a In.blleo ua�iw rap note.....ilr r.w iiii i'. n..� Imtal lorin praunr.a nal e a ro w vm Tdod to theEa01nMr M COaMO W. �.m. nn anw un.0 fps .r.wna.. � wahualr�rav�v _ �• �• atm i � .w m •ILLa�.a.n[�.[u.��vai eu I.sa � M xn[�a��'. u a.0 b n r�Iw.nW Ire ep I LfN am.ra.. ian.r.imels Dias Ir e�m a�rx q�a,r�ree�w .e:ain e CONCRETE ANCHOR o.m.x SIGN MDUN TING DETAILS SMALL ROADSIDE SIGNS TRIANGULAR SLIPBASE SYSTEM SMDISLIP-I>-08 a r' a .EE.I�r_, CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN /!10 P�111(VFf Nn�MpuRf,X�oi�elosr� �,,R.r,n �� T YFl1DX N a m e I J000 i SR9 OF XXUR SRaET SSS ncx�•Lw ro ,��. , �L5 1HE NFXf fImS1YlN%8VS � ,.STNR 6!PIACIIG /Y 1st TE TP6T CRWSS,R y e AT TIE COaW OF EO,M.tY gg gY 4 naEWinuTalm NOTESII:��E��a,,p I.smF1T Q Y E IfLFND�W N-1—R.p�X L1L11!➢PRI O1 IgMEIIE 8TI(D65,9iLL1 E SOt6 B.MEH T10 SIR XYE K 'YLL TIE�SILE MOTH B.Y.T6E TYJ 4115£T ItUd 9ID6 9WLfS INVE PLW 2 - TTI OF TE 9W RA0.F 6.NPIYIBE T)NL SCALE N.TS. MCR SKIP 1�N�R�1• OOTi1 R1fY.l5 Il4AV1 of lMfU101 TLfRC Ix slop BAR _ FAT/PPS NE. 9 IIMALi N Y NOTES: U SpEp py��Xp�/IE�py� BppS�N�pSp��E,ISX y N a X I. E�XGTaaM..����X SBFflI,�P1p2x5pY�I,(,��FRWHAtiiIL). TIE '< G•P '8AR L 2TEEMOP xRYftfl 'AHEM 41bW�� PWOR TO ®0 � gym yT g(q/�xp ff 1 �flVt�SCE:I�TVE RLDM�Y,/ND TEN 4'W T1E XFM � p eA! Wll�Ev a cum avis SHALL a PNWIH ..LB IAIf SRCP[STREET MM RLW1Mp WRF-T]IR➢ K Its SST. 6¢Y e 9�; T �ni x u cvs ''w�nmNOas wXui�oP uwo u Rura pox ainco} IANGITUDINAL CROSSWALX-DEAL e BAR FOR ASPHALT ROADWAYS-SCALE N.T.S. ¢.N Px�rFiw°AYmc-f ) euT 514P Ix. r-; �' WNIAN 1'PAYF]FNf B.IWTDI EL4L"i(N Y i• D cx 9 _ CRJnxWt SCHOOL ZONE BAR-DUALW1 FOR ASPHALT ROADWAYS-SCALE:N.T.S. _ 3 ss c Ica,wnm, ;IE 3 t�Iyp�_ 115 1TLLi.I# fA %t6oAlm�PTCAOP�11511 N i �'`•• dee �o�L'0Y§Ae.la oP arm ) -Ta.. IOa N— HIGH CONTRAST CROSSWALK-DETAIL HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS-SCALE N.T.S. FOR CONCRETE ROADWAYS-SCALE N.T.S. $LIIY PFaiLT/ BAss nNL'It'-ENGNBER:NC PUBLC 1MPftC N Sw0 T CROSsIVALK Pa - G,n�J SIR:_ TACE si [RR�E Enlm REGUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND GENERAL NOTES REGULATORY SIGNS REGULATORY SIGNS (STOP.YIELD, DO NOT ENTER AND IEXCLUDINO STOP, YIELD. DO NOT ENTER AID B§ 000 WAY SIGNS) WRONG WAY SIGNS) E@@ S="Ta..x —»� .p STOP _.d. .Im.,m se DG NDT WRONG WAY I TYPICAL EXAMPLES sr�arq L®Is anr.a.v.s, 1 •v so 1 c� REOUIREIENTS FOR TOUR SPECIFIC SIGNS ONLY yy s,arllo HoulHsars faaab SNRTII6 H(YIRC101(S u u [Olw Sld r.,C[WTLNIax �b uLS[ ALWI"SIP,RAM NIouess �B` °'r'd1O uo i"i`"s .wnlc xw�x[nsnly[rlui sm•r••+ p RnEum[m T aKE IN. gf� REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS OCpAA —WINIIAL Y[CIIICATIMS " SCHOOL uuulWl s,w a..s O � SPEED =i LIMIT /�"j` uw ruY Wrwrus 20 NpT•y.,.p�Ru.irs.. TYPICAL EXALFLES TYPICAL EYAIPLES PEFTINS HYIITDEJTrf SNEETIW HWIHKNTS li ULOL W[w d'ACF W VYO[ CCId T.I.W —11 .L.nw[V- S�:� TYPICAL SIGN �, wS,P.L,IRREQUIREMENTS T K«.Kr.E[,I L LII. TSRI4>-13 a " - WELSv ErvG�NEFiNC uvoR c EENTS TO rxcn -�+� oaaus cEs co.,rx ..ate Grxcor my c.�uouwE�ENrs Q B'nl . fetimprop cur°MI ITMa w ©�v r+^m s•....I r+ncu�[a.exnc. pe axil orct•< Bv. I._Q Ber �6�o Fi ne~iwre� e°°piac<a el lo.•a er+.� Br;o a' rir a ese > p ro mplrimpi<ogeneo+^^• •er Fv ew°e leen �L� II — i�� ��•�ew�r•.n rx oime.�•PA[a+mavo to rererrea ro m I x .a• ry - ew�rs�m Ixe 4�S I I p f reea:M�1n p¢Iwe�po° �5 F> T � 1 �ee rari.pain�e is-uo.keihm �� .R r, B { •'• 1.11 M. 1-1,..." a� haw: &140.6'`-1.( 1.117d° t p B , Bxe F, iW Slop 6r> rN all Le I.ro °'ios�s��rea is TYPICAL SECTION PLAN OF REINF STEEL rip ry •lyra• �.�<pm.p Np.6npQ.,.. p3�a 1 86#� GEIiRA ItlTES. 1.A _ a.• weiw.e�°Iron:i�<:''"�e"<°.Ion.. �� °ei:�pin or i,woo �5 pwnc. 1 x TZ IoiLS°Ea~ p o x r el a9r°orw d° 3"iar _ eelpp minlam�..�o-p��.'loee�F cp1<•nw�r a+L mrrcl.r°o SECTION TNRU CURBi9 M.°p F_ p 1i. °,W.f r>� rpSeepf>�°SCC-W For xe.e°axe,ogle s°celma K93 LOADING 3 EEf I Of] � •E.r.en+.wn.wdf� �+ SINGLE BOX CULVERTS CAST-IN D' -PF L aro so' iLL u BARS C BARS D BMS E - �f«+a+n-•-a I SCC-5 S 6 aro x-cESN Eucnue66rvc cmc s unc,��c u CNPU6 CXFISU,NUfCES CO.,ix iT-1SSINGLE BOx CUIVERi6 GSi-IN FIACf rU6e Bas B' o�O°Cwta e.nl I a.iusa 3' 1111 BE I I ° m _ aRar ` a�3 0 ° ems.c, *w slm Ktir iiwa:e . ak TYPICAL SECTION PLAN OF REINF STEEL 8gx M N.- °.m. gjE 9 DEIERAL a O7�Es. SECTION THRU CURB I aa:'�.B.a°a.—11 10-93 L"DIN SHEET I or 2 (L SINGLCE0'OFJU 30,-PLACE leas c BARS D Is s 9 •• SCC-8 JGS 0.NG KLBH ENGIN—ING PIBUM RCVE.uEniS 0 u nCs"ING UNIT R CORPUS GNNIST.NUECES CO.i% ..T SINGLE..CUL cRiS Gst-In Pu.E 0/ SCC-8 BILLS OF REINFORCING STEEL (For Box Length 40 feet) QUANTITIES SECTION OIIEIISIIXIS Bort E-•� BDIF FL'n6 Borax Bore Fer Y BTS B Dor•C W.D o!IB'ssDll �.it••, a9 IB's 4.e� 8 foot o! CSrD To9al BTfal z x _ 8 v N.lanl x _ 8 I. ael9n. 3 r _ 8 L 9.Im9 r2 8 E«wM n Leven x _ 6..D. .y-Ix - - xn s 9^ a 2sYs ns III 4 1- s.s E c u.a m 4dmW 1- 114 1,141 a ftp 4 1- 44 1 711.411 �]{p 3,598 8'-1Eli 0" ->' 3 - N 20 T 0.833 1 '26.9 1,261 Yg - - - I 29.2 1.699 - - ZL j a °e ' 20.1 LL .Ly - _ _ _ -;. - 6 JS.y 026 3 a 9' III 6 S2.611 1. 193 - - yi3B - •3 S - 1930 - , 0.1 9'69 4 I sz.c I(• - - - -3- 3- - - - E3a - - - - e.Te1 �E� c - .'-r - .ee re m cumerra.nn leve r m T 0 Der<n•o vele 0 AS Y• oiaeTna M�I.D,ce 2223 oar. ea a< i'•e'rmlmr s a �nlia iv14 Dria6iaD ell::-1� nwnr< Earmp�.Lerwralm:9e0Mr�9a- •a.r clry vIM eR arl6 frOD;�a��v Is as D.133 fcl/1 a.JDS�ev 0.133 w NErI.I NII ..91 uo.2lapa vrmrec xe.3 Do-•,m 0 14 .n I,roaaci4i0�r �HL93 LOADING SHEET 1 Op�F888Y=2 •p9�brtr/1Av318Yn +ten SINGLE BOX CULVERTS CAST-IN-PLACE 6 TO 301 FILL SCC-8 5y __ _ S.WD WE-ExGIN'E 11G A TI CCaPuS 5..4iSDJNtIELES CD..T% a' T Sl,xGLE EDx UL-11 CA51-in PUCE WM' SC^-B rye/11 RELEASED FOR CONSTRUCTION By James Schwarz,P,E, 9:29 pm,Sep 012022 KING'S LANDING UNIT 2 ADDENDUM NO. 1 TO APPROVED PLANS PROVIDING FOR USE OF HDPP (HIGH DENSITY POLYETHELENE PIPE) FOR STORM WATER BENEATH STREETS AND THROUGHOUT PROJECT SEPTEMBER 1, 2022 ��rOR i1 OF Tfxr�i i5ti• „ � �*: NIXON M.WMH* � �°p•.,.,� tip .4 fi • .CISTV .:�1 A..EN Sheet 1 of 2 PFI EASED, R U Y CIO ZIMPA!/EDAREAS P.4YEDAREA yByJames Schwarz,P.E.9:29 pm,Sep 0 p 2 ASPHALT OR CONCRETE PAVEMENT TOPSOIL TO BE PROVIDED AS PER PLANS EQUAL OR BETTER THAN EXIST. (4" MIN. DEPTH) // //• BACKFILL SHALL BE CEMENT i STABILIZED SAND AND SHALL MEET / v) THE FOLLOWING REQUIREMENTS: g SEE TABLE 2- ITEM B aa COMPACTED TO 95% STD, PROCTOR 0 ! Z DENSITY (ASTM D698) m j / 1 0 z / < SELECT BACKFILL MATERIAL FROM EXCAVATION COMPACTED TO 957o STD. PROCTOR DENSITY a (ASTM D698) j / v SEE TABLE 2 - ITEM A SELECT BACKFILL MATERIAL / FROM EXCAVATION COMPACTED TO 95% STD. PROCTOR R,C. PIPE DENSITY (ASTM D698) i SEE TABLE 2 - ITEM A / < i SAND ENCASEMENT (INITIAL BACKFILL) t It COMPACTED TO 95% STANDARD PROCTOR DENSITY (ASTM D698) R.C. PIPE 0.D. + 2'-0" THIS DETAIL IS AN EXCERPT TAKEN FROM CITY STANDARD STORM WATER DETAILS, SHEET 3 TRENCHBAC1rA1LL FOR fr40RIl ff..4TERP/PES NOT TO SCALE ADDENDUM NO. 1 EXHIBIT FOR USE OF HIGH DENSITY POLYETHELENE PIPE FOR STORM WATER NTS NOTES: 1. HDPP (HIGH DENSITY POLYETHYLENE PIPE) IS rT�EOF r� �_ BENEATH APPROVEDSTRERETSSASTWELL ASOUT OUTSIDE OFTHISO STREETS. S`aS •x' 2. HDPP SHALL BE CONSTRUCTED ACCORDING TO THE , ••„••,••••,•.....:. . ABOVE CITY STANDARD STORM WATER DETAIL EXCEPT r,•ppN M.WELSH THAT SAND ENCASEMENT FOR 30” & 48" HDPPs ................. :e;. . .340 a� SHALL EXTEND TO 6" BELOW THE PIPE IN LIEU OF 4" .p.• ��4 BASS AND WELSH ENGINEERING AS SHOWN IN SAID STANDARD DETAIL AND EXCEPT +�`•1�E�ISTEEG\.f CORPUS CHRISTI, TX THAT HDPP MAY BE USED IN LIEU OF RCP. �pNA�FQ��40 SURVEY RENGINEERI O RE100027-00, 52, 3. PIPE SPECIFICATION FOR HDPP IS SHOWN IN '�'��p FILE: EXB-STO DET, JOB NO. SHEET 2 OF THE APPROVED PLANS. ! i� 20024, SCALE: 1" = 20' 9/l /22 PLOT SCALE: SAME, PLOT DATE: 9/1/22, SHEET 2 OF 2 Exhibit 3 tntertek GEOTECHNICAL ENGINEERING REPORT Proposed King's Landing Units 2 & 3 Various Streets Corpus Christi, Texas PSI Project No. 03122734-23 PREPARED FOR: MPM Homes, Inc. P.O. Box 331308 Corpus Christi,TX 78463 November 9, 2022 BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 810 S. Padre Island Dr. Corpus Christi,Texas 78416 Phone: (361)854-4801 intertek Professional Service Industries,Inc. 810 S.Padre Island Drive Corpus Christi,Texas 78416 Office (361)854-4801 November 9, 2022 MPM Homes,Inc. P.O.Box 331308 Corpus Christi,TX 78463 Attn: Mr—Moses-Most-aghasi- - RE: GEOTECHNICAL ENGINEERING REPORT PROPOSED KINGS LANDING UNITS 2&3 VARIOUS STREETS CORPUS CHRISTI,TEXAS PSI Project No.03122734-23 Dear Mr. Mostaghasi: Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit this Geotechnical Engineering Report for the referenced project.This report includes the results from the field and laboratory investigation along with recommendations for use in preparation of the appropriate design and construction documents for this project. PSI appreciates the opportunity to provide this Geotechnical Engineering Report and looks forward to continuing participation during the design and construction phases of this project. PSI also has great interest in providing materials testing and inspection services during the construction of this project and will be glad to meet with you to further discuss how we can be of assistance as the project advances. If there are questions pertaining to this report, or if PSI may be of further service, please contact us at your convenience. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES,INC. Texas Board of Professional Engineers Certificate of Registration#F003307 OF i�.• � ..s*Ili I��(�'--/ c�t�„-- �............ .................. DEXTER BACON ........... 56 ..... ... . i Philip L.Johnson,P.E. 0'. 54CEN Dexter Bacon,P.E. Chief Engineer Principal Consultant Senior Geotechnical Engineer �1>>;��"�— 11/9/2022 www.intertek.com/building Ln TABLE OF CONTENTS Electronic Navigation:The TOC below and are hyperlinked to sections of relevance.The Symbol will return the reader to the TOC. Page No. TABLEOF CONTENTS............................................................................................... 1.0 PROJECT INFORMATION ...............................................................................1 1.1 PROJECT AUTHORIZATION....................................................................................................................1 1.2 PROJECT DESCRIPTION........................................................................................................................1 1.3 PURPOSE AND SCOPE OF SERVICES.....................................................................................................1 2.0 SITE AND SUBSURFACE CONDITIONS............................................................3 2.1 SITE DESCRIPTION................................................................................................................................3 2.2 FIELD EXPLORATION.............................................................................................................................3 2.3 LABORATORY TESTING PROGRAM........................................................................................................4 2.4 SITE GEOLOGY.....................................................................................................................................4 2.5 SUBSURFACE CONDITIONS...................................................................................................................4 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS............................6 3.1 GEOTECHNICAL DISCUSSION................................................................................................................6 3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS.......................................................................6 3.3 UTILITY EXCAVATION AND LATERAL EARTH PRESSURE CONSIDERATIONS.............................................6 3.4 DISCUSSION OF BEDDING AND BACKFILL MATERIALS...........................................................................................7 3.$ EXCAVATION AND SHORING CONSIDERATIONS..................................................................................................8 3.6 SITE SEISMIC DESIGN RECOMMENDATIONS...........................................................................................8 4.0 PAVEMENT DESIGN RECOMMENDATIONS ...................................................9 4.1 PAVEMENT DESIGN PARAMETERS.........................................................................................................9 4.2 PAVEMENT SECTION RECOMMENDATIONS...........................................................................................1 O 5.0 CONSTRUCTION CONSIDERATIONS.............................................................13 5.1 INITIAL SITE PREPARATION CONSIDERATIONS.....................................................................................13 5.2 MOISTURE SENSITIVE SOILSMEATHER RELATED CONCERNS.............................................................13 5.3 SULFATES EVALUATION......................................................................................................................14 5.4 EXCAVATION OBSERVATIONS.............................................................................................................14 5.5 DRAINAGE CONSIDERATIONS..............................................................................................................14 5.6 EXCAVATIONS AND TRENCHES............................................................................................................14 6.0 REPORT LIMITATIONS.................................................................................16 APPENDIX.............................................................................................................17 ,ite Vicinity I' Loring Locati . bring, I..O¢s INDEX OF FIGURES Page No. FIGURE 4.1:ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION........................................................10 INDEX OF TABLES Page No. Table 1.1: General Project Description............................................................................................................1 Table2.1: Site Description ................................................................................................................................3 Table 2.2: Field Exploration Summary.............................................................................................................3 Table 2.3: Field Exploration Description.........................................................................................................3 Table 2.4: Laboratory Testing Program...........................................................................................................4 Table 2.5:Generalized Soil Profile...................................................................................................................5 Table 3.1: Excavation and Shoring Data.........................................................................................................8 Table 3.2: Recommended Design Seismic Parameters.................................................................................8 Table 4.1: Pavement Design Parameters and Assumptions.........................................................................9 Table 4.2: Roller Compacted Concrete Pavement Design Thickness.......................................................10 Table 4.3: Pavement Profile Design and Construction Recommendations..............................................11 Table 4.4: Compaction and Testing Recommendations for Pavement Areas..........................................12 Table 5.1: Subgrade Preparation for Non-Structural-General Fill............................................................13 Table 5.2: Fill Compaction Recommendations Outside of Pavement Areas............................................13 iii Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 1.0 PROJECT INFORMATION 1.1 PROJECT AUTHORIZATION Professional Service Industries, Inc. (PSI), an Intertek company, has completed a field exploration and geotechnical evaluation for the proposed King's Landing Units 2 & 3 project. Mr. Bobak Mostaghasi representing MPM Development,authorized PSI's services on 10/6/2022 by signing PSI Proposal No.384241. PSI's proposal contained a proposed scope of work, lump sum fee,and PSI's General Conditions. 1.2 PROJECT DESCRIPTION Based on information provided by the Client,PSI's review of a site plan entitled Public Improvements to King's Landing, and prepared by Bass and Welch Engineering, and the results of this geotechnical investigation, a summary of our understanding of the proposed project is provided in the following General Project Description table. TABLE 1.1:GENERAL PROJECT DESCRIPTION New streets for a new King's Landing Units 2&3 residential Project Items develop_ment Existing Grade Change within Building Relatively Flat Pad Area Existing Grade Change within Project +2 feet(estimated from Google Earth) Site Area Finished Floor Elevation Not Provided Pavement for Parking and Drives RCC Pavement The geotechnical recommendations presented in this report are based on the available project information, structure locations, and the subsurface materials encountered during the field investigation. If the noted information or assumptions are incorrect, please inform PSI so that the recommendations presented in this report can be amended, as necessary. PSI will not be responsible for the implementation of provided recommendations if not notified of changes in the project. 1.3 PURPOSE AND SCOPE OF SERVICES The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical engineering recommendations and guidelines for use in preparing the design and other related construction documents for the proposed project. The scope of services included drilling soil borings, performing laboratory testing,and preparing this geotechnical engineering report. This report briefly outlines the available project information, describes the site and subsurface conditions, and presents the recommendations regarding the following: PAGE 1 Lon Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 • General site development and subgrade preparation recommendations; • Estimated potential soil movements associated with collapsing, shrinking and swelling soils and methods to reduce these movements to acceptable levels; • Recommendations for site excavation, fill compaction, and the use of on-site and imported fill material under pavements; • Recommendations for the design and construction considerations for roller compacted concrete RCCpavement for the proposed streets;and • Utility design and construction considerations. The scope of services for this geotechnical exploration did not include an environmental, mold nor detailed seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic materials in the soil, bedrock,surface water,groundwater,or air on or below,or around this site.Statements in this report or on the boring logs regarding odors,colors,and unusual or suspicious items or conditions are strictly for informational purposes. PAGE 2 Lon Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 2.0 SITE AND SUBSURFACE CONDITIONS 2.1 SITE DESCRIPTION The following table provides a generalized description of the existing site conditions based on visual observations during the field activities,as well as other available information. TABLE 2.1:SITE DESCRIPTION Site Location CR 49 and FM 43,Corpus Christi,Nueces County,Texas Site History Farm Land, New Reisdential Construction Existing Site Ground Cover Grass,weeds Existing Grade/Elevation Changes ±2 feet(estimated from Google Earth) North: Undeveloped Cultivated Fields Site Boundaries/Neighboring East: London School Development South:Weber Road West: Residential Subdivision Ground Surface Soil Support Good enough for construction vehicles when dry; Poor when wet Capability 2.2 FIELD EXPLORATION Field exploration for the project consisted of drilling a total of 15 borings.The boring design element, boring labels,approximate depths and drilling footage are provided in the following table. TABLE 2.2: FIELD EXPLORATION SUMMARY Design Element Number of Boring Depth Drilling Footage Borings (ft) (feet) Pavement 13 10 130 Pavement/Utilities 2 20 40 TOTAL: 15 170 The boring locations were selected by PSI personnel and located in the field using a recreational-grade GPS system. Elevations of the ground surface at the boring locations were not provided and should be surveyed by others prior to construction.The references to elevations of various subsurface strata are based on depths below existing grade at the time of drilling. The approximate boring locations are depicted on the Boring Location Plan provided in the Appendix. TABLE 2.3:FIELD EXPLORATION DESCRIPTION Drilling Equipment Truck-Mounted Drilling Rig Drilling Method Continuous Flight Augers Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Hand Penetrometer, Standard Penetration Test(ASTM D1586) PAGE 3 Lon Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 Sampling Procedure ASTM D1587/1586 Sampling Frequency Continuously to a Depth of 10 Feet and at 5-foot Intervals Thereafter Frequency of Groundwater During and After Drilling Level Measurements Boring Backfill Procedures Soil Cuttings During field activities,the encountered subsurface conditions were observed, logged, and visually classified (in general accordance with ASTM D2487). Field notes were maintained to summarize soil types and descriptions,water levels,changes in subsurface conditions,and drilling conditions. 2.3 LABORATORY TESTING PROGRAM PSI supplemented the field exploration with a laboratory testing program to determine additional engineering characteristics of the subsurface soils encountered.The laboratory testing program included: TABLE 2.4:LABORATORY TESTING PROGRAM Laboratory Test Procedure Specification Visual Classification ASTM D2488 Moisture Content ASTM D2216 Atterberg Limits ASTM D4318 Material Finer than No.200 Sieve ASTM D1140 The laboratory testing program was conducted in general accordance with applicable ASTM Test Methods. The results of the laboratory tests are provided on the Boring Logs in the Appendix. Portions of samples not altered or consumed by laboratory testing will be discarded 60 days from the date shown on this report. 2.4 SITE GEOLOGY As shown on the Geologic Atlas of Texas,Corpus Christi Sheet,reprinted in 1975,the site is located in an area where the Beaumont Formation (Qb) is present at or near the ground surface. The Beaumont Formation consists mostly of clay and sand intermixed with gravel.The Beaumont Formation thickness varies from 3 to 10 meters to over 100 meters toward the southeast. 2.5 SUBSURFACE CONDITIONS The results of the field and laboratory investigation have been used to generalize a subsurface profile at the project site. The following subsurface descriptions provide a highlighted generalization of the major subsurface stratification features and material characteristics. PAGE 4 Lon Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 TABLE 2.5:GENERALIZED SOIL PROFILE Top Bot. LL Passing Stratum (ft) (ft) Soil Type N PI #200 PP(Avg) Sieve 1 0 20 Fat Clay 75 43 88 2.3 i _ _ . Where: LL=Liquid limit(%) PI=Plasticity Index PP—Hand Penetrometer(tsf) The boring logs included in the Appendix should be reviewed for specific information at individual boring locations. The boring logs include soil descriptions, stratifications, locations of the samples, and field and laboratory test data.The descriptions provided on the logs only represent the conditions at that actual boring location;the stratifications represent the approximate boundaries between subsurface materials.The actual transitions between strata may be more gradual and less distinct. Variations will occur and should be expected across the site. 2.5.1 GROUNDWATER INFORMATION Water level measurements were performed during drilling and after completion of drilling. Specific information concerning groundwater is noted on each boring log presented in the Appendix of this report. Groundwater was not encountered during the field investigation of this site, Groundwater levels fluctuate seasonally as a function of rainfall, proximity to creeks, rivers and lakes, the infiltration rate of the soil, seasonal and climatic variations and land usage. In relatively pervious soils,such as sandy soils,the indicated depths are a relatively reliable indicator of groundwater levels. In relatively impervious soils, water levels observed in the borings may not provide a reliable indication of groundwater elevations, even after several days. If a detailed water level evaluation is required,observation wells or piezometers can be installed at the site to monitor water levels. The groundwater levels presented in this report were measured at the time of PSI field activities. The contractor should determine the actual groundwater levels at the site before construction activities. PAGE 5 Lon Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS 3.1 GEOTECHNICAL DISCUSSION The following design recommendations have been developed based on the previously described project characteristics and subsurface conditions encountered.If there are changes in the project criteria,PSI should be retained to determine if modifications in the recommendations will be required. The findings of such a review would be presented in a supplemental report.Once final design plans and specifications are available, a general review by PSI is recommended to observe that the conditions assumed in the project description are correct and to verify that the earthwork and foundation recommendations are properly interpreted and implemented within the construction documents. 3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS The soils encountered at the soil boring locations exhibit a high potential for volumetric changes, due to fluctuations in soil moisture content. PSI has conducted laboratory testing on the soils to estimate the expansive soil potential with soil moisture variations. These soil moisture variations are based on historical climate change data for a particular site. Determining the soil potential for shrinking and swelling,combined with historical climate variation, aids the engineer in quantifying the soil movement potential of the soils supporting the floor slab and shallow foundations. Shrink/swell movement procedures using two soil modeling systems, the Post Tensioning Institute's (PTI) "Design of Post-Tensioned Slabs-on-Ground, 3rd Edition"and Texas Department of Transportation (TxDOT) method TEX-124-E, were utilized to approximate the Potential Vertical Movement(PVM)for this location. 3.2.1 SHRINK/SWELL MOVEMENT(PVM)ESTIMATE Based on laboratory testing results and the TEX-124-E and the PTI methods,the potential vertical movement (PVM)within the proposed project area is estimated to be approximately inches. It is not possible to accurately quantify actual soil moisture changes and resulting shrink/swell movements. The PVM (often referred to as PVR) and referenced structural movements values provided should not be considered absolute values that could occur in the field, but approximate values based on industry standard practice and experience. Extreme soil moisture variations could occur due to unusual drought severity, leaking water or sewer lines, , perched groundwater infiltration, or seasonal springs. Also, soil desiccation from trees located adjacent to or previously underneath the building, downspouts directing roof discharge under the foundation, poor drainage or irrigation line breaks could lead to moisture content changes greater than accounted for from normal climate variations and result in excessive foundation movements. The unknown factors previously mentioned cannot be determined at the time of the geotechnical study. Therefore,estimated shrink/swell movements are calculated only in consideration of historical climate data related to soil moisture variations. Movements in excess of these assumed variations should be anticipated and regular maintenance should be provided to address these issues throughout the life of the structure. 3.3 UTILITY EXCAVATION AND LATERAL EARTH PRESSURE CONSIDERATIONS New utility lines may be installed below the pavement.The pipe designershould account for sustained loads due to the soil overburden pressures and potential surcharge loads that may be applied to the pipe.The load due to the soil overburden pressures can be estimated using the total and effective unit weights of the soil PAGE 6 Lo Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 and depths of each layer of soil.A total unit weight of 110 pcf or buoyant weight of 64 pcf may be assumed for on-site clayey material. In addition, hydrostatic pressures and/or surcharge loads, if present, should also be accounted for in the design. Unbalanced thrust forces could also be developed in the pipeline due to changes in direction,cross-sectional areas, or if the pipe is terminated.These forces may cause joints to disengage if not adequately restrained. To resist movement and overstressing the pipe, suitable buttressing should be provided. In general, thrust blocks and/or concrete encasement are common methods of providing reaction for the thrust restraint design.For design of thrust blocks and similar other thrust restraints may be designed in consideration of an allowable passive resistance of 1,200 psf. Unbalanced forces produced by grade and alignment changes can be resisted by friction on the pipe. The frictional resisting force can be computed by multiplying the pressure produced by the combined weight of the pipe, contained water, and soil overburden by a coefficient of friction between the pipe and underlying bedding material.Based upon the recommended pipe installation and bedding,the unfactored coefficient of friction is anticipated to be approximately 0.3. The Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR Part 1926, Revised October 1989), require that excavations be constructed in accordance with the current OSHA guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA standards be prepared for trench and excavation retention systems used during construction. Most soils at this site consist primarily of clays that would be classified as OSHA Type "B" soils requiring a temporary excavation slope no steeper than 1H:1V. However, any soils below the groundwater table would be classified as Type"C"soils requiring temporary slopes no steeper than 1%H:1V. Groundwater was not encountered in the test borings during our field exploration.We recommend that the contractor perform an investigation to establish groundwater levels priorto construction to evaluate sloping and dewatering requirements prior to construction. 3.4 DISCUSSION OF BEDDING AND BACKFILL MATERIALS Typically,the bedding and initial backfill around a buried pipeline is designed to support and protect the pipe. Secondary backfill is then placed over the initial backfill and pipe to help protect the pipe, reestablish the ground surface at the trench,and provide support to structures overlying the trench. Generally,the bedding and initial backfill materials for piping consist of a graded gravel.The existing soils at the pipe bearing levels should be removed to a minimum depth of six(6)inches below the bottom of the pipe and replaced with gravel bedding.The bedding material should embed the lower quadrant or to the midpoint of the pipe at a minimum and should be compacted in maximum compacted thickness of eight(8)inches with mechanical hand compaction equipment.The initial backfill should extend from the surface of the bedding to a point one(1)foot above the top of the pipe and should be compacted in maximum compacted thickness of eight(8)inches with mechanical hand compaction equipment. The secondary backfill may consist of material excavated from the trench. The secondary backfill should be free of debris and should not contain stones greater than three(3)inches in diameter.The secondary backfill should be placed at moisture contents between optimum and plus four(+4) percentage points of optimum and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Each lift PAGE 7 U ' Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 should be placed with a maximum compacted thickness of six(6)inches.Care should be taken during backfill compaction to prevent structural damage to the pipe. 3.5 EXCAVATION AND SHORING CONSIDERATIONS Lateral earth pressures from the soils will be applied to the trench shoring.Additionally,hydrostatic pressures and any equipment loads,and other surcharges should be considered for trench shoring design.The follow table should be utilized for the design of the allowable temporary slopes and trench shoring. TABLE 3.1:EXCAVATION AND SHORING DATA ___.____Material Type OSHA Soil Type At-Rest Condition,._Ko Fat and Lean Clay(CH „B„ 0.60 and CL) Fat and Lean Clay below GWT(CH and CL), "C" 0.60 Clayey Sands(SC) A lateral earth pressure of 120 pcf*Ko*depth(ft) should be used to evaluate lateral earth pressures applied to the shoring in a rectangular distribution. These values do not consider hydrostatic pressures. We recommend that the hydrostatic pressure be added to the lateral earth pressure in a triangular distribution of 62.4 pcf* (X)for that portion of the shoring below the groundwater table. 3.6 SITE SEISMIC DESIGN RECOMMENDATIONS For the purposes of seismic design, based on the encountered site conditions and local geology, PSI interpreted the subsurface conditions to satisfy the Site Class D criteria for use at this site as defined by the International Building Code(IBC).The site class is based on the subsurface conditions encountered at the soil borings, the results of field and laboratory testing, experience with similar projects in this area, and considering the site prepared as recommended herein. The table below provides recommended seismic parameters for the project based on the 2018 edition of the IBC. TABLE 3.2: RECOMMENDED DESIGN SEISMIC PARAMETERS Seismic Parameter IBC 2018 0.2 sec(Ss) 0.064g 1.0 sec(Si) 0.033g Site Coefficient 0.2sec, Fa 1.6 Site Coefficient 1.0 sec, F„ 2.4 0.2 sec(SDs) 0.068g 1.0 sec(SDI) 0.053g PAGE 8 On Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 4.0 PAVEMENT DESIGN RECOMMENDATIONS 4.1 PAVEMENT DESIGN PARAMETERS PSI understands that Roller Compacted Concrete pavements are being considered for this project.Pavement design recommendations based on the City of Corpus Christi IDM pavement design requirements for the various planned street types as outlined in Table 4.1 below are provided.In addition,PSI utilized the"AASHTO Guide for Design of Pavement Structures" published by the American Association of State Highway and Transportation Officials to evaluate the pavement thickness recommendations in this report.This method of design considers pavement performance, traffic, roadbed soil, pavement materials, environment, drainage and reliability. Each of these items is incorporated into the design methodology. PSI is available to provide laboratory testing and engineering evaluation to refine the site-specific design parameters and sections,upon request. Details regarding the basis for this design are presented in the table below. TABLE 4.1:PAVEMENT DESIGN PARAMETERS AND ASSUMPTIONS 70 for Residential Street 11 Reliability,percent 75 for Local Residential Collector 80 for Minor Residential Collector(Cl) 90 for Secondary Collector Street(C2) Design Life 30 Years Initial Serviceability Index 4.5 Terminal Serviceability Index 2.5 Residential Street: 50,000 ESALs Traffic Load I Local Residential Collector: 200,000 ESALs Minor Residential Collector(Cl): 1,200,000 ESALs Secondary Collector Street(C2): 2,000,000 ESALs Standard Deviation 0.39 Concrete Compressive Strength 4,000 psi Estimated Subgrade California 2.0 for high plasticity clay Subgrade Bearing Ratio (CBR) Estimated Subgrade Modulus of 200 for lime/cement stabilized subgrade Subgrade Reaction,k in pci Pavements supported on expansive soils will be subject to PVM previously presented(approximately 4 inches ±%inch).These soil movements typically occur to some degree over the life of the pavement.Consequently, pavements can be expected to crack and require periodic maintenance.The pavement section thickness of approximately 15 to 16 inches would reduce the anticipated PVR to approximately 2%inches.It is our opinion that this magnitude of PVR can be primarily resisted considering a concrete or RCC pavement section. During the paving life, maintenance to seal surface cracks within concrete pavement and to reseal joints within concrete pavement should be undertaken to achieve the desired paving life. Perimeter drainage should be controlled to prevent or retard influx of surface water from areas surrounding the paving. Water penetration leads to paving degradation. Water penetration into subgrade materials, sometimes due to irrigation or surface water infiltration, leads to pre-mature paving degradation. Curbs should be used in conjunction with concrete paving to reduce potential for infiltration of moisture into the subgrade. Clay type PAGE 9 Lon Proposed Kings Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 compacted materials(12-25)or flowable fill should be placed on top of the base and beneath the sidewalk so that a path for moisture infiltration under the curb and into the pavement section is mitigated. The City of Corpus Christi requires the base and subgrade to be extended beneath the curb and gutter and to 2 feet behind the Curb. In accordance with City Standard Spec 025612 (Concrete Curb and Gutter)there is a requirement for compaction behind the Curb within 48 hours of removing forms. Material specifications, construction considerations, and thickness section requirements are presented in following sections. T-he—pr-e—sented-recommended-pavement sections are based on the field and_labo.ratory_test-r_esu ts_DL-tbe project,City of Corpus Christi pavement design practice, design assumptions presented herein and previous experience with similar projects. The project Civil Engineer should verify that the design values are appropriate for the expected traffic and design life of the project. PSI should be notified in writing if the assumptions or design parameters are incorrect or require modification. 4.2 PAVEMENT SECTION RECOMMENDATIONS PSI anticipated that the roadways will be used primarily by typical residential traffic primarily consisting of passenger vehicles, pickup trucks, school buses, delivery vehicles, and garbage trucks. PSI is providing thickness sections based on experience with similar facilities constructed on similar soil conditions for the design traffic loading anticipated. 4.2.1 ROLLER COMPACTED CONCRETE PAVEMENT Thickness recommendations for roller compacted concrete(RCC) pavement are provided below. Roller Compacted Concrete Lime Treated Subgrade Native Soil FIGURE 4.1:ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION TABLE 4.2: ROLLER COMPACTED CONCRETE PAVEMENT DESIGN THICKNESS Thickness(in) Material Residential Local Minor Secondary Street Residential Residential Collector(C2) Collector Collector(Cl) RCC Pavements 7.0 7.0 7.0 8.0 Lime/Cement Treated Subgrade 8 8 12 12 PAGE 10 nI Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 The AASHTO design calculation spreadsheets for these various street classifications are included in the Appendix. 4.2.2 GENERAL PAVEMENT DESIGN AND CONSTRUCTION RECOMMENDATIONS Roller compacted concrete pavement should be constructed in general accordance with TxDOT Special Specification 3016, Roller Compacted Concrete (included in the Appendix). Recommendations based upon the TxDOT specification are presented in the following table. TABLE 4.3: PAVEMENT PROFILE DESIGN AND CONSTRUCTION RECOMMENDATIONS Minimum Undercut Depth 6 inches or as needed to remove roots Reuse Excavated Soils Free of roots and debris and meet material requirements of intended use Undercut Extent 2 feet beyond back of curb Proof-roll with rubber-tired vehicle weighing at least Exposed Subgrade Treatment 20 tons.A representative of the Geotechnical Engineer should be present during proof-roll. Excavate to firmer materials and replace with Proof-Rolled Pumping and Rutting Areas compacted general or select fill under direction of a representative of the Geotechnical Engineer Materials free of roots, debris,and other deleterious General Fill materials with a maximum rock size of 4 inches with a CBR greater than 3.This will be confirmed by CMT. Minimum General Fill Thickness As required to achieve grade Maximum General Fill Loose Lift Thickness 9 Inches Performed in general accordance with TxDOT Item 260.Subgrade treated with lime should achieve a pH of 12.4 or greater.A lime series test should be performed at the time of construction after the pavement subgrade soils are established to determine the lime requirement. For estimating purposes,use 3%lime by dry weight.Sulfate testing should also be Lime/Cement Treatment conducted before placement of lime to evaluate the potential for sulfate induced heave from the lime stabilization.The organic content of the subgrade should not exceed 1%. Once the min. 24 hour mellowing period for lime is complete,the lime stabilized subgrade should be cement stabilized with 5%cement per TxDOT Item 275. Proposed RCC Mix Design should be reviewed by City of RCC Mix Design Portland and PSI prior to construction.A trial batch is required to ensure workability and compressive strength. Concrete Compressive Strength(28 days) Minimum 4,000 psi PAGE 11 Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 Cement:TxDOT Item 421. Concrete Cement and Aggregates Aggregates:RCC Combined Aggregates Gradation for RCC Surface Course.Materials Passing the No.40 Sieve should have a Plasticity Index of less than 4. The RCC should be compacted to a min.dry density of at least 95%of the Modified Proctor(ASTM D-1557) maximum dry density within 2%of optimum moisture content. Quality Control of RCC Pavements Molding compressive strength:Per ASTM C1435,1 set of 4 of cylinders for 2@7 days,2@28-days-compression--- testing for every 1,500 cy of RCC with a minimum of 2 sets per day. The concrete batch plant should be within 30 minutes from point of placement. Production of RCC must be Placement of RCC Pavements adequate to mitigate the potential of unplanned cold joints.The pavement should be placed and compacted as required by TxDOT Special Specification 3016. ASTM C1040-In-Place Density of Unhardened and Hardened Concrete, Including Roller Compacted Compaction Testing of RCC Pavements Concrete,By Nuclear Methods.Single Lift and a minimum of 2 tests per day or per 500 CY.Testing should be completed within 30 minutes after rolling. Transverse Joints: Maximum 15 foot intervals.Joints should be saw blade width to a depth of at least%the pavement thickness and filled and sealed with approved RCC Crack Control joint sealants and fillers. 1 Expansion and Control Joints:As required. Filled and sealed with approved joint sealants and fillers. TABLE 4A COMPACTION AND TESTING RECOMMENDATIONS FOR PAVEMENT AREAS Location Material Test Method for Percent Optimum Testing Density Compaction Moisture Frequency Determination Content Pavement Scarified On- ASTM D698 >_95% 0 to+4% 1 per 7,500 Areas site Soil SF; (Subgrade) min.3 tests General Fill ASTM D698 >_95% 0 to+4% 1 per 10,000 (Onsite SF; Material) min.3 per lift RCC Pavement ASTM D1557 >_95% --- Single Lift 1 per 500 CY or RCC Pavement ASTM 1170 >_98% Single Lift 1 per 500 CY PAGE 12 Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 5.0 CONSTRUCTION CONSIDERATIONS PSI should be retained to provide observation and testing of construction activities involved in the earthwork, pavements and related activities of this project.PSI cannot accept any responsibility for any conditions which deviate from those described in this report, nor for the performance of the pavements if not engaged to also provide construction observation and materials testing for this project. The PSI geotechnical engineer of record should be retained to provide continuing geotechnical consulting services and construction document review,even if periodic on-call testing is contracted with PSI Construction Services. 5.1 INITIAL SITE PREPARATION CONSIDERATIONS 5.1.1 SUBGRADE PREPARATION FOR SITE WORK OUTSIDE PAVEMENT AREAS Grade adjustments outside of the pavement areas can be made using selector general fill materials.The clean excavated onsite soils may also be reused in areas not sensitive to movement. TABLE 5.1:SUBGRADE PREPARATION FOR NON-STRUCTURAL-GENERAL FILL Minimum Undercut Depth 6 inches or as needed to remove roots,organic and/or deleterious materials Proof-roll with rubber-tired vehicle weighing at least Exposed Subgrade Treatment 20 tons.A representative of the Geotechnical Engineer should be present during proof-roll. Excavate to firmer materials and replace with Proof-Rolled Pumping and Rutting Areas compacted general or select fill under direction of a representative of the Geotechnical Engineer Clean material free of roots,debris and other General Fill Type deleterious material with a maximum particle size of 4 inches Maximum General Fill Loose Lift Thickness 8 inches TABLE 5.2: FILL COMPACTION RECOMMENDATIONS OUTSIDE OF PAVEMENT AREAS Test Method for Optimum Location Material Density Percent Moisture Testing Determination Compaction Content Frequency Outside of 1 per 10,000 Pavement General Fill ASTM D698 >_95% 0 to+4% SF; Areas min.3 per lift 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS The soils encountered are sensitive to disturbances caused by construction traffic and changes in moisture content. During wet weather periods, increases in the moisture content of the soil can cause significant reduction in the soil strength and support capabilities. In addition, soils which become wet may be slow to dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be advantageous to perform earthwork,foundation,and construction activities during dry weather. PAGE 13 Y Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 5.3 SULFATES EVALUATION As indicated previously, the pavement subgrade soils and imported embankment fills should be regularly screened for sulfates during construction. When soluble sulfates are detected above 500 ppm TxDOT Guidelines for Treatment of Sulfate Rich Soils shall be followed.TxDOT has identified mitigation procedures of sulfate bearing soils into three categories,Traditional Treatment,Modified Treatment,and an Alternative Treatment. The Contractor shall follow the mitigation procedures outlined above when high sulfate concentrations (above 3000 ppm) are encountered along the alignment. The amount of mellowing time and moisture — content r-equired-shall-be-determined during the mix design process using Tex-14-5-E;P-ar-t N-as-outlined-in - TxDOT Guidelines. Furthermore, the sulfate content and the treatment shall be verified in the field in accordance with project Quality Assurance Procedures and TxDOT specifications. 5.4 EXCAVATION OBSERVATIONS The excavations should be observed by a representative of PSI prior to concrete placement to assess that the materials are consistent with the materials discussed in this report.This is especially important to identify the condition and acceptability of the exposed subgrades under the pavements. Soft or loose soil zones encountered at the bottom of the beam excavations should be removed to the level of competent soils as directed by the Geotechnical Engineer. Cavities formed as a result of excavation of soft or loose soil zones should be backfilled with compacted select fill or lean concrete. After opening,excavations should be observed,and concrete placed as quickly as possible to avoid exposure to wetting and drying.Surface run-off water should be drained away from the excavations and not be allowed to pond.If excavations must be left open an extended period,they should be protected to reduce evaporation or entry of moisture. 5.5 DRAINAGE CONSIDERATIONS Water should not be allowed to collect in or adjacent to excavations or on prepared subgrades within the construction area either during or after construction.Proper drainage around grade supported sidewalks and flatwork is also important to reduce potential movements. Excavated areas should be sloped toward one corner to facilitate removal of collected rainwater,groundwater,or surface runoff. 5.6 EXCAVATIONS AND TRENCHES Excavation equipment capabilities and field conditions may vary. Geologic processes are erratic and large variations can occur in small vertical and/or lateral distances. Details regarding "means and methods" to accomplish the work (such as excavation equipment and technique selection) are the sole responsibility of the project contractor. The comments contained in this report are based on small diameter borehole observations.The performance of large excavations may differ. The Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR Part 1926, Revised October 1989), require that excavations be constructed in accordance with the current OSHA guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA standards be prepared for trench and excavation retention systems used during construction. PSI PAGE 14 Y Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 understands that these regulations are being strictly enforced,and if they are not closely followed,the owner and the contractor could be liable for substantial penalties. The contractor is solely responsible for designing and constructing stable,temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom.The contractor's"responsible person",as defined in 29 CFR Part 1926,should evaluate the soil exposed in the excavations as part of the contractor's safety procedures.In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state,and Federal safety regulations. P-Sl-is-pr-ovidin&-t-his-information solely as a service to the client. PSI does-not-assume-responsibility-for_ construction site safety or the contractor's or other parties'compliance with local,state, and Federal safety or other regulations.A trench safety plan was outside the scope of this project. PAGE 15 Ln) Proposed King's Landing Units 2&3 Subdivision PSI Project No:03122734-4 Corpus Christi,Texas November 9,2022 6.0 REPORT LIMITATIONS The recommendations submitted in this report are based on the available subsurface information obtained by PSI and design details furnished by the client for the proposed project. If there are revisions to the plans for this project, or if deviations from the subsurface conditions noted in this report are encountered during construction,PSI should be notified immediately to determine if changes in the foundation recommendations are required. If PSI is not notified of such changes,PSI will not be responsible for the impact of those changes on the project. The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional advice contained-hzreirrh-ave-be-e-n made in accordance with generally accopted-professional-Geotechnical Engineering practices in the local area. No other warranties are implied or expressed.This report may not be copied without the expressed written permission of PSI. After the plans and specifications are more complete, the Geotechnical Engineer should be retained and provided the opportunity to review the final design plans and specifications to check that the engineering recommendations have been properly incorporated in the design documents. At this time, it may be necessary to submit supplementary recommendations. If PSI is not retained to perform these functions, PSI will not be responsible for the impact of those conditions on the project. This report has been prepared for the exclusive use of MPM Homes, Inc. for specific application to the proposed King's Landing Units 2&3 in Corpus Christi,Texas. PAGE 16 ' tntertok APPENDIX PAGE 17 n CD 07. ED ED }� 1 r , SITE LOCATION ' -:erre Grande i ! ® ® p ® GFI ® m A Clvr U©D z F %Y.L- art h� .��:x:-•. .fig . I IL_ r i1�.IhS�i"Zk�1 � Gd+�it v 6S' �j n l r � }L I , � !lit tam a •e i- r - r� (�X0,0xo�k intertek Boring Location Plan N King's Landing Unit 2 NOT TO SCALE Various Streets,Corpus Christi,Texas 810 S.Padre Island Dr.,Corpus Christi,Texas PSI Project No.:0312-2734 (361)854-4801 FAX(361)443-6084 King's Landing Unit 2 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-01 LOCATION: See Boring Location Plan O tz F0 HAND PEN(TSF) *UNC CMP(TSF) d cliW F- D ors 2.0 4.0 6.0 O P V- O W Of �Z W U` HW U D J J UX U� }LL J W HF- Z Za D_ Hp DU = m a SOIL DESCRIPTION Z a U �u' - a � Qa Uz aUQ o cnz PL WC LL o~ Fm W M oo w 20 W a ~> c� g g— f U Z Elevation: 34.00 D_ J a o 20 40 60 1D _ FAT CLAY with SAND(CH),dark brown,very stiff 28 83 79 39 40 —— stiff at 2 ft \... .:... .. ... .. ...— - 36 - -- 1 _ FAT CLAY(CH), light tan,very stiff �: f 5 31 1 stiff at 6 ft 3094 •TI. 32 ©3C: 10 Boring terminated at approximately 10 feet. 15 20 25 30 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE(ft.): NONE ENCOUNTERED ntertek. END OF DRILLING(ft.): Dry`^p� DELAYED WATER LEVEL(FT):N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-02 LOCATION: See Boring Location Plan O t: O HAND PEN(TSF) 0 UNC CMP(TSF) d LL 0J w W Z o * � N X 2.0 4.0 6.0 U^ LL J W HW Z O ZD:W W 0 _ �"W DU Q SOIL DESCRIPTION v7z Q F v-J F z - a. >- Q U) a Q o z PL WC LL O �m UJ (n 5 o w ¢ U)~> g g— 0 X U z Elevation: 34.00 ° J a a 20 40 60 —_ FAT CLAY(CH),dark brown,very stiff 28 1/ --..---- _ 32 87 90--35--55- --- 0-35--55-- light tan from 4 ft �: I 5 35 30k 28 89 10— Boring terminated at approximately 10 feet. 15 20 q I 25- 30— COMPLETION 530COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED qtertekEND OF DRILLING ft): Dry psi DELAYED WATER LEVEL(FT):N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-03 LOCATION: See Boring Location Plan O F, F O HAND PEN(TSF) 0 UNC CMP(TSF) d cli LL p W O �z WW �Pw U 0 � Ux 2.0 4.0 6.0 pLL LL W F� Z Za 0 �WQ = an d t- SOIL DESCRIPTION z U U Z LU c}i) 2i <Q 0 0 w cU) a > o � g z PLS- o v J U Q U) Elevation: 34.00 Cf D_ J g 20 40 60 z _ FAT CLAY with SAND(CH),dark brown,very stiff 28 81 77 35 42 -- 1 FAT CLAY(CH),dark brown,very stiff -- - -... 34 __ light tan from 4 ft ' 5 32 stiff at 6 ft 31 87 73 34 39 hard at 8 ft 30 10 Boring terminated at approximately 10 feet. 15 20 —25- -30— COMPLETION 530COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED u�7k.;s END OF DRILLING ft): Dry ] DELAYED WATER LEVEL(FT):N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-04 LOCATION: See Boring Location Plan N F F Q HAND PEN(TSF) 0 UNC CMP(TSF) a tt F— LLJLL 0 W Z o *k xs x 2.0 4.0 6.0 0^ 5 = m LL ii F SOIL DESCRIPTION �� z z z a D Lu , o U o o a Q Q �z F¢ a�Q o �z PL WC LL o~ Fm W cn 50 w Q cn~> c� g g— f X ,IF Z Elevation: 33.00 W a J a o 20 40 so > FAT CLAY(CH),dark brown,stiff to very stiff 37 . . . . . . . . . . . . 33 86 92-37 55 medium brown at 4 ft 5 31 light tan from 6 ft j 30 I .. .:... .. .:. :..:.. -- 1 .......... 31 87 10— .Boring terminated at approximately 10 — feet. . . 15- -20- 25- 30J 5202530 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED intertek, END OF DRILLING(ft.): Dry j0 DELAYED WATER LEVEL(FT): N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas BORING B-05 Project No. 0312-2734 LOCATION: See Boring Location Plan C. N F } O HAND PEN(TSF) 0 UNC CMP(rSF) d t J LU o .6 2 H 2.0 4.0 6.0 pLL 5� = m LL J W �W z Z zLLJ ~�ul W J U UW Vii �� _.. a SOIL DESCRIPTION F_ a o F-o U_M Qa Nz LUQ o Z) �z PL WC LL o� �m W � - oo W a , - 0 g g— 0 X U Z� Elevation: 34.00 a J o D- 20 40 60 FAT CLAY with SAND(CH),dark brown,very stiff 27 78 74 35 39 -- !� FAT CLAY(CH),dark brown,very stiff 34 light tan from 4 ft :t 5 stiff from 4 ft to 8 ft 37 —— 28 89 . . . . . . . . . . . . Vq 31 0_ Boring terminated at approximately 10 feet. 15 20 25 30 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED LnWekEND OF DRILLING ft): Dry psi DELAYED WATER LEVEL(FT): N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-06 LOCATION: See Boring Location Plan N F- F Q HAND PEN(TSF) 0 UNC CMP(TSF) 1- LL J W H- o 0 g 2.0 4.0 6.0 0 JW Z)W Z U` ZHW W J J Uw ULL }- 2i a ( SOIL DESCRIPTION ¢ a J o v Fp A m o W Q 00 w a~F Q o o �z PL WC LL o~ m v Q u7 > c� g g— V Z Elevation: 32.00 a J CL ° 20 40 60 _ FAT CLAY with SAND(CH),dark brown, stiff to very stiff 40 38 85 --88--27 -61- light tan from 4 ft �( 5 24 II.... .:..:. :. 29 -- IA: 26 84 —10- --- Boring terminated at approximately 10 feet. 15- 20- -25— . 25 L PLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER E: 10/24/22-10/24/22 SEEPAGE(ft.): NONE ENCOUNTERED Ak, END OF DRILLING (ft.): Dry DELAYED WATER LEVEL(FT): N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas BORING B-07 Project No. 0312-2734 LOCATION: See Boring Location Plan C F � Q HAND PEN(TSF) 0 UNC CMP(TSF) � F- J or� �F- o * xs 2.0 4.0 6.0 p -J LU Dw Z Z Z�w W J J UW U� }ti g Q SOIL DESCRIPTION U) � d U Q �ZZ iL WC LL zz F m UJ cna oowa W~ > o gg— T X Z ' v D_ � o D- 20 40 60 Elevation: 33.00 0 0 CLAY(CL),dark brown,stiff 34 74 70 38 32 FAT CLAY(CH),dark brown,stiff to very stiff 42 light tan from 4 ft 5 36 .;..:..:. ...... : ...:..:. :.. ..:..:.. 23 90 -- 30 . ....: . :1ffi 10- Boring terminated at approximately 10 feet. 15 20 q q 25 30 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED Intertek. END OF DRILLING ft): Dry psi DELAYED WATER LEVEL(FT):N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas BORING B-08 Project No. 0312-2734 LOCATION: See Boring Location Plan CD� F F r Q HAND PEN(TSF) 0 UNC CMP(TSF) � LL JO of Z WF- o xsP� U o g Hx 2.0 4.0 6.0 o^ LL F- g a W SOIL DESCRIPTION �W z z(D z a w a J 2 P:OW LL w c}n Q � 00 w � aFQ C/) �z PL WC LL a~ �m Q cn > c7 g g_ -� f v Z U D- : a a 20 40 60 Elevation: 31.00 FAT CLAY(CH),dark brown,very stiff . . . . . . . . . . . . . . . . . . . . . . . . 34 . . . 32 90 - -82-32-50—. M.. —4. .-14111111-- light —1 light tan from 4 ft �;.:1... ;. ..:. : .. 5 stiff from 4 ft to 8 ft 32 ' 1.;. .:.: :.. .:..:. 31 .:.._;..:. :.. .;..;..:.. 26 91 10_ Boring terminated at approximately 10 feet. 15 —20- -25— 30 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE(ft.): NONE ENCOUNTERED nt`'`t` END OF DRILLING (ft.): Dry psi DELAYED WATER LEVEL(FT): N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas BORING B-09 Project No. 0312-2734 LOCATION: See Boring Location Plan 0 F-- F N O HAND PEN(TSF) 0 UNC CMP(TSF) 4. LL of Z LU wF LU xs p o U o g HX 2.0 4.0 6.0 LL H g a w SOIL DESCRIPTION ?� Q Z z n � p v F LU o - o Q Q N Z a Q o ��-vv 4)z_ PL WC LL o~ F m 0co G O Q �~> V J T X T U Z J Elevation: 31.00 G o a a s zo ao so FAT CLAY with SAND(CH),dark brown, hard 26 84 76 39 37 FAT CLAY(CH),dark brown,very stiff — -32 _ -- light tan from 4 ft 5 30 30 28 93 79 28 51 10 —— I: -- hard at 13 ft t .....�;... .. .. 28 *..... .. ; ;. ..;..;. -- p 15 --- I : -- t I� 34 .: .:_:. ..:..:.: 20_ Boring terminated at approximately 20 feet. 25 30 COMPLE ION DEPTH: 20.0 Feet DEPTH TO GROUNDWATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED intertek. END OF DRILLING(ft.): Dry ;'j DELAYED WATER LEVEL(FT): N/A King's Landing Unit 2 Various Streets, Corpus Christi, Texas BORING B-10 Project No. 0312-2734 LOCATION: See Boring Location Plan 41 N F F Q HAND PEN(TSF) 0 UNC CMP(TSF) d J �LL 0 LU F 0 * 06 2 2.0 4.0 6.0 0_ F a w SOIL DESCRIPTION �� - Z d J LU s of a O F wp U LL o c=i w >- Q � O� w cn aFQ o o �z PL WC LL o~ �m o a > c� g g Z Elevation: 32.00 0 -, =� a 20 ao so FAT CLAY(CH),dark brown,very stiff . . . . . . . . . . . . 35 . . . I: -31 90 _85 _32--53- -- 11 light tan from 4 ft 5IZzM 31 —— Al 30 _ZfM . . . . . . . . . . . . . . . . . . . . . JZzM 28 92 10 Boring terminated at approximately 10 feet. 15 —20- -25- 30 30 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE(ft.): NONE ENCOUNTERED intertek. END OF DRILLING(ft.): Dry Psi DELAYED WATER LEVEL(FT):N/A �r Y i � T� t � � •��' ^i$� 1 1 try` ® '* �;f, ti,t � $' -f"- :( � CENT�vA'L CIT1 .• � At { ; `3 Core sCjis•,Ine rai of 73�aptitZk5�'1 1 k- .1 ` "•'+ D �{ ;; t ' 1 SITE LOCATION ®' �4 2: a Tierra.Grande ,_i; .,� .. SKU ,,, 1 r t• `ct1t { .m ® - ,( a ®P , •"..�.. i Google; r �, I n( f v�- x i :1 .1: : N4 %§ . 33 ( 3 \ h �Z ° \ \ 3 , [ . . . . � tnt @ .. R@k Boring Location Plan tme~°l King's Landing u! N v�s�c�9,±ra A N7 TO SCALE e,»�._.o m_Christi, PSI Project :e,z pl854-4801 ��,�m, King's Landing Unit 3 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-11 LOCATION: See Boring Location Plan A N H O HAND PEN(TSF) 0 UNC CMP(TSF) 4. t LL 0 LU � 2.0 4.0 6.0 p 5 F U >LL = 0° a W SOIL DESCRIPTION �w z 2 ?~D w v w u- 0 - a Q> U)z iQ N LUQ F- cU) PL WC LL z~ -m Q Q > O LU Q ~ (� N J TT O 2 J Elevation: 31.00 0 � 0- a 20 ao 60 FAT CLAY with SAND(CH),dark brown,very stiff 28 76 68 27 41 . . . . . . . . . . . . 34 _ —— -- -- light tan from 4 ft L....;.. _:..:..:.. f , 5 32 -- 1 stiff at 6 ft 27 85f ..;.... :. :. 29 0. .: . 10 Boring terminated at approximately 10 feet. 15 —20- -25— 30 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/24/22-10/24/22 SEEPAGE ft): NONE ENCOUNTERED Lnte0k, END OF DRILLING(ft.): Dry DELAYED WATER LEVEL(FT): N/A King's Landing Unit 3 Various Streets, Corpus Christi, Texas BORING B-12 Project No. 0312-2734 LOCATION: See Boring Location Plan N r F O HAND PEN(TSF) 49 UNC CMP(TSF) d t -J 0 W H ❑ o6 g 2.0 4.0 6.0 0 5 LL O W Z W (� F w U ❑ J -� U X U } = 00 a SOIL DESCRIPTION �� z z z a p ❑ v ~p �U) o� Q Q N Z W U) a-cU Q o CO Z PL WC LLL o~ F m QCn G O QD- (n~� V J T /l T U z J Elevation: 30.00 G J a a 20 ao 60 FAT CLAY(CH),dark brown,stiff to very stiff 37 -- I 33 89 -88 �3 35 ---- light tan from 4 ft I 5 31 30 q / l 29 93 10 Boring terminated at approximately 10 feet. 15 20 25 —30— COMPLETION COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/25/22-10/25/22 SEEPAGE ft): NONE ENCOUNTERED tntertek. END OF DRILLING ft): Dry psi DELAYED WATER LEVEL(FT):N/A King's Landing Unit 3 Various Streets, Corpus Christi, Texas BORING B-13 Project No. 0312-2734 LOCATION: See Boring Location Plan 4 N t } Q HAND PEN(TSF) 0 UNC CMP JSF) � F- J LU~ 0 0 g — F- 2.0 4.0 6.0 0 r 0 LU OfJ W �W Z Z Z~W W 0 J J UW U� >_LL g o SOIL DESCRIPTION �H Q a D o U Fp LL U) o UJ Cl) a OD w < 0-0 Q o o �z PL WC LL o~ t m D c) a cn > Cl — �X—f CO) z Elevation: 29.00 0 o J ng ° 20 40 60 FAT CLAY with SAND(CH),dark brown, hard 22 79 71 23 48 very stiff from 2 ft to 8 ft 32 - - -- light tan from 4 ft l 5 29 I: — 28 FAT CLAY(CH), light tan,very stiff to . . . . . . . . . . . . hard 27 90 62 27 35 . 10 ..:..:..:. 29 ...... ........:... .. . :..:..:.. 15 I: I - _ I 1 29 X 20 Boring terminated at approximately 20 feet. 25- -30 COMPLE ION DEPTH: 20.0 Feet DEPTH TO GROUND WATER DATE: 10/25/22-10/25/22 SEEPAGE ft): NONE ENCOUNTERED mtertek, END OF DRILLING ft): Dry DELAYED WATER LEVEL(FT): N/A King's Landing Unit 3 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-14 LOCATION: See Boring Location Plan CD 4 N F h O HAND PEN(TSF) 0 UNC CMP(TSF) d LL -J W Of F- 0 0 N H 2.0 4.0 6.0 p LL 3 m J W �W Z Z Z�W W C1 J U UW F-- g Q SOIL DESCRIPTION U)Z F 7 F v Q � o — F-C) o W MQ � 00 W ¢ U) 0 U)i :z PL 0 o~ zm Elevation: 29.00 20 W 0- J a D_ 20 40 60 z _ FAT CLAY with SAND(CH),dark brown, stiff 34 77 66 34 32 ..f.._.. -- f - -- 35 -- f FAT CLAY(CH),light tan,stiff 5 30 very stiff at 6 ft } 27 89 _ 3�j.. .: .:. : ..:.....:.. f f: -- 30 1 ... .:. _:. ..: . 10— Boring terminated at approximately 10 7C feet. 15 20 —25- 13-01 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/25/22-10/25/22 SEEPAGE(ft.): NONE ENCOUNTERED AM* END OF DRILLING(ft.): Dry psi DELAYED WATER LEVEL(FT):N/A King's Landing Unit 3 Various Streets, Corpus Christi, Texas Project No. 0312-2734 BORING B-15 LOCATION: See Boring Location Plan N � F Q HAND PEN(TSF) 0 UNC CMP(TSF) d LL 0J w �z a * c452.0 4.0 6.0 0 � g a SOIL DESCRIPTION rLLJ F - ?a o v r0 U r o D_ >- a Q �z r � LUQ o o �z PL WC LL o~ �m UJ ° LU ¢ cn~> c� g g— f --X 0 Z Elevation: 30.00 o a J o 20 ao 60 FAT CLAY(CH),dark brown,very stiff 34 stiff from 2 ft to 6 ft I 31 86 69----218--4-1 T light tan from 4 ft I : 532 j..:.. .:..: :. ..:.. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 89 10— Boring terminated at approximately 10 feet. 15 20 25 30 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 10/25/22-10/25/22 SEEPAGE(ft.): NONE ENCOUNTERED '^tertek• END OF DRILLING(ft.): Dry DELAYED WATER LEVEL(FT):N/A 9 intertek KEY TO TERMS AND SYMBOLS USED ON LOGS ROCK CLASSIFICATION CONSISTENCY OF COHESIVE SOILS ROCK QUALITY CONSISTENCY N-VALUE SHEARSTRENGTH HAND PEN VALUE RECOVERY DESIGNATION (RQD) (Blows/Foot) (tsf) (tsf) Very Soft 0 TO 2 0 TO 0.125 0 TO 0.25 DESCRIPTION OF o/CORE DESCRIPTION OF ROCK ROD Soft 2 TO 4 0.125 TO 0.25 0.25 TO 0.5 RECOVERY RECOVERY QUALITY Firm 4 TO 8 0.25 TO 0.5 0.5 TO 1.0 Incompetent <40 Very Poor(VPo) 0 TO 25 Competent 40 TO 70 Poor(Po) 25 TO 50 Stiff 8 TO 15 0.5 TO 1.0 1.0 TO 2.0 Fairly Continuous 70 TO 90 Fair(F) 50 TO 75 Very Stiff 15 TO 30 1.0 TO 2.0 2.0 TO 4.0 Continuous 90T0100 Good(Gd) 75 TO 90 Hard >30 >2.0 OR 2.0+ >4.0 OR 4.0+ Excellent(Exint) 90 TO 100 SOIL DENSITY OR CONSISTENCY DEGREE OF PLASTICITY OF COHESIVE SOILS DENSITY CONSISTENCY THD FIELD IDENTIFICATION DEGREE EIO PLASTICITY(PI) SWELL POTENTIAL (GRANULAR) (COHESIVE) (BLOWS/FT) INDEX Very Loose(VLo) Very Soft(VSo) 0 TO 8 Core(height twice diameter)sags under None or slight oto 4 None own weight Core can be pinched or imprinted easily Low 4 to 20 Low Loose(Lo) Soft(So) 8 TO 20 with finger Medium 20 to 30 Medium Slightly Compact Stiff(St) 20 TO 40 Core can be imprinted with considerable (SICmpt) pressure High 30 to 40 High Compact(Cmpt) Very Stiff(VSt) 40 TO 80 Core can only be imprinted slightly with fingers Very High >40 Very High Dense(De) Hard(H) 80 TO 57100 Core cannot be imprinted with fingers but can be penetrated with pencil Very Dense(VDe) Very Hard(VH) 57100 to Core cannot be penetrated with pencil 0"/100 BEDROCK HARDNESS MOISTURE CONDITION OF COHESIVE SOILS MORHSCHARACTERISTICS EXAMPLES APPROXIMATE THD DESCRIPTION CONDITION SCALE PEN TEST Sandstone,Chert,Schist,Granite, Very Hard 0"to 5.5 to 10 Rock will scratch knife Gneiss,some Limestone (VH) 27100 Absence of moisture,dusty, DRY dry to touch 3 to 5.5 Rock can be scratched Siltstone,Shale,Iron Deposits,most Hard(H) 1 to with knife blade Limestone 57100 Damp but no visible water MOIST 1 to 3 Rock can be scratched Gypsum,Calcite,Evaporites,Chalk, Soft(So) 4'to Visible free water WET with fingernail some Shale 6"/100 RELATIVE DENSITY FOR GRANULAR SOILS SAMPLER TYPES SOIL TYPES APPARENT SPT CALIFORNIA MODIFIED CA. RELATIVE DESNITY SAMPLER SMAPLER (BLOWS/FT) (BLOWS/FT) (BLOWS/FT) DENSITY(%) 11 1 2 9 El Very Loose 0to4 0to5 0to4 0to15 NO TXDOT SHELBY CLAY(CL) CLAY(CH) SILT Loose 4 to 10 5 to 15 5 to 12 15 to 35 SAMPLE CONE TUBE Medium Dense 10 to 30 15 to 40 12 to 35 35 to 65 d H 2 0 Dense 30 to 50 40 to 70 35 to 60 65 to 85 LIMESTONE SHALE SANDSTONE NO ROCK SPLIT ° Very Dense >50 >70 >60 85 to 100 RECOVERY CORE SPOON ABBREVIATIONS Irl SAND GRAVEL FILL PL—Plastic Limit QP—Hand Penetrometer AUGER a'•o.: LL—Liquid Limit Qu—Unconfined Compression Test .o. SAMPLE •o••�' WC—Percent Moisture UU—Unconsolidated Undrained Triaxial 0 WATER SEEPAGE Note:Plot Indicates Shear Strength as Obtained By Above Tests ASPHALT CONCRETE CHALK WATER LEVEL AT END OF DRILLING CLASSIFICATION OF GRANULAR SOILS U.S.STANDARD SIEVESIZE(S) 6" 3" 3/4" 4 10 40 200 BOULDERS COBBLES GRAVEL ISAND SILT OR CLAY CLAY COARSE I FINE I COARSEI MEDIUMI FINE 1 '1 • • � •' • 1 1 Building Systems Environmental Consulting Consulting & Geotechnical Services Industry professionals provide Assuring site and subsurface a variety of acoustic,fire,AV, conditions meet the criteria for roofing system and enclosure purchase,development and consulting services to ensure construction. proper design and installation of a building's critical systems. Decommissioning & Due Diligence Building Product& Supporting the redevelopment Construction Materials and transfer of property assets Testing via environmental and property Providing testing for virtually all assessments and engineering \ _= types of building products, services. construction materials,and systems for safety,retail,code, and performance purposes. nnM. .... ■�.■n■ Property Product Certification Management SuSupport Services &Code Evaluation PP f ® The ETM and Warnock Providing a variety of •� �_ r Hersey Marks show a building systems testing, . . product or system's inspection,and consulting { i services too optimize their conformance to code and P „ ensures the on-going value and life of �the '{;k ,I verification of compliance. property asset. AMP I Mock-Up& Field Testing Field labeling On-site(air infiltration,water , Providing on-site services of leakage,and structural opening systems that need performance for fenestration) to be re-labeled or making or in lab validation of a curtain recommendations for wall's design,workmanship,and upgraded materials. material selection to ensure its performance. Building Enclosure Commissioning Industrial Hygiene Services Design and construction Assessing a building or facility for professionals provide a variety of sources(air,asbestos, solutions to reduce the lead,mold)to minimize the risk of potential for premature factors adverse to human health. building failure,increase a building's energy efficiency, and expected life cycle. r C. SHADso-2P TOTAL QUALITY. ASSURED. Intertek The ever increasing challenges of designing,constructing,and maintaining a building can be difficult for any organization to navigate. From compliance to local and national codes,to ensuring an efficient design,to property management,Intertek-PSI's team of architects, engineers,scientists,and technicians understand firsthand the complexities of successfully constructing a commercial building. Our full suite of services give us unique insight into all phases of a project. Regardless of the project size or complexity,Intertek-PSI delivers engineering,consulting,and testing services to support site selection,design,construction, and property management. As a leader in providing comprehensive solutions to industries around the globe,Intertek-PSI prides itself on bringing the expertise and services necessary for our clients to meet all of their needs across their entire operation.Our Assurance,Testing,Inspection,and Certification (A.T.I.C.)suite of services ensures that whatever your needs may be-assurance,testing, inspection,certification,or all of the above,that those needs will be met by Intertek-PSI. sum 800.WORLD.LAB - �ti icenter@intertek.com K loa intertek.com/building Intertek Building&Construction Group f .� A diverse range of services from geotechnical investigations,due diligence, industrial hygiene,and site surveys,for your building environment. Our expertise offers engineering,consulting,evaluation,and peer review to ensure a well designed project. Q* The most comprehensive suite of testing and certification services for construction materials and.building products. 777 7" �\•\\; Vital services throughout the construction process including inspection, testing,monitoring,mock-ups, and consulting. n� Evaluation of a building's condition through inspection and testing, - investigation,and remediation plan development. \II Services that expedite and ensure compliance of the transfer or decommissioning of property or building. Exhibit 4 NIXON M.WELSH, P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 20024-PCE- OVERWIDTHI 08/25/2022 KING'S LANDING UNIT 2 PRELIMINARY COST ESTIMATE C-3 COLLECTOR STREET IN LIEU OF 28'RESIDENTIAL STREET COST OF 50'815 STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 8"PCCP RCCP TO LIP OF GUTTER 2593 SY 75.60 196,030.80 2 8"LIME STABILIZED SUBGRADE TO 2'BC 3044 SY 9.00 27,396.00 3 8"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 3044 SY 7.35 22,373.40 4 EXCAVATION TO 2'BC 3044 SY 2.63 8,005.72 5 6"CURB&GUTTER 1014 LF 14.18 14,378.52 SUBTOTAL $268,184.44 DEVELOPER PORTION OF COST OF 28'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 2"HMAC TO LIP OF GUTTER 1353 SY 18.90 25,571.70 2 6"CRUSHED LIMESTONE BASE TO 2'BC 1804 SY 15.75 28,413.00 3 8"LIME STABILIZED SUBGRADE TO 2'BC 1804 SY 9.00 16,236.00 4 67—CL RB&GUTTER 1014 LF 14.18 14,378.52 4 EXCAVATION TO 2'BC 1804 SY 2.63 4,744.52 SUBTOTAL $89,343.74 E n� CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST 178,840.70 trF,� �:* 7.5°'o ENGINEERING,SURVEYING,&TESTING 13413.05 *fumm M.INELS1.i. TOTAL AMOUNT REIMBURSABLE $192,253.75 'W4r 'MAW E� Page 1 of 1 Exhibit 5 PERFORMANCE BOND BOND NO. Developer as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address(principal place of business)_ City as Obligee Name: City of Corpus Christi Mailing address(principal place of business): City of Corpus Christi Surety is a corporation organized and existing Attn: Director, Development Services Department under the laws of the state of: 2406 Leopard Street Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license Contract to execute bonds in the State of Texas. Title of Agreement: Telephone(main number): For Subdivision: Telephone(for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Total Project Cost/Bond Sum: Bond Telephone: E-Mail Address: The address of the surety company to which any Date of Bond: notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 (Date of Bond cannot be earlier than Award Date of the Contract) Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 1 of 3 Surety and Developer, intending to be legally bound and obligated to Obligee do each cause this Performance Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Developer as Principal faithfully performs the Work required by the Contract,then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. The Contract between Obligee and Developer is incorporated by reference into this Statutory Performance Bond,pursuant to Chapter 2253 of the Texas Government Code. Provisions of the bond shall be pursuant to the terms and provisions of Texas Insurance Code 3503, Texas Government Code 2253,and all other applicable laws and regulations.,and all liabilities on this bond shall be determined in accordance with the provisions of said Chapters to the same extent as ----— -- ----if-it were-copied-at length-her-ein. If Developer does not faithfully construct and complete said Work under its contract with Obligee, and Obligee invokes its contractual rights and declares Developer in default,Surety shall promptly remedy the default, and at Obligee's sole option,Surety shall: 1. Within a reasonable time (but not later than 30 days after Surety receives written notice of Developer's default), with written notice to Obligee,step into and assume the role, all rights and all obligations of the defaulting Developer under the Contract. Upon assumption of this role, Surety directly shall contract with a Completion Contractor hired/engaged by Surety to complete the Work. The selection of the Completion Contractor must be approved in writing by Obligee. Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the Work;or 2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of Obligee's written notice of Default, Obligee may, at Obligee's sole discretion,select a Completion Contractor in accordance with Texas law to complete the Work. In this event, Surety shall pay Obligee any and all costs, up to the Bond Sum,for Obligee's selected Completion Contractor to complete the Work;or 3. At Obligee's sole discretion,Surety shall pay Obligee the estimated amount for Obligee to execute a Project Completion Contract with a Completion Contractor, selected by Obligee in accordance with Texas Law,solely to complete the Work. Surety shall pay Obligee any and all costs, up to the Bond Sum,for Obligee-selected Completion Contractor to complete the Work. The obligations of the parties under this Bond shall be performable in Nueces County, Texas. If legal action, such as civil litigation, is necessary in connection with this Bond, venue shall lie exclusively in Nueces County, Texas. Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 2 of 3 Developer as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 3 of 3 Exhibit 6 PAYMENT BOND BOND NO. Developer as Principal Surety Name: Name: Mailing address(principal place of business): Mailing address(principal place of business): Physical address(principal mace business)_ City Name: City of Corpus Christi,Texas Mailing address(principal place of business): City of Corpus Christi Surety is a corporation organized and existing Attn: Director, Development Services Department under the laws of the state of: 2406 Leopard Street Corpus Christi,Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license Contract to execute bonds in the State of Texas. Title of Agreement: Telephone(main number): For Subdivision: Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Total Project Cost/Bond Sum: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of The address of the surety company to which any Contract) notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number:1-800-252-3439 Payment Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 1 of 2 Surety and Developer, intending to be legally bound and obligated to City do each cause this Payment Bond to be duly executed on its behalf by its authorized officer,agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Developer as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. This Bond is made and entered into solely for the protection of all claimants supplying labor --------- -- -----and-ma.ter-ial in-the-prosecution of the Work provided for in said Contract,-and-all-such-claimants-shall-have--------- a direct right of action under the Bond as provided in Chapter 2253, Texas Government Code. The Surety, for value received,hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract or to the Work to be performed under the Contract. Venue shall lie exclusively in Nueces County, Texas for any legal action. Developer as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 2 of 2 Exhibit 7 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT MPM Development, LP, a Texas Limited Partnership, whose address is 426 S. Staples, Corpus Christi, TX 78401, as Principal and a corporation organized under the laws of and fully authorized to transact business in the State of Texas, as Surety, do hereby expressly acknowledge themselves to be held and bound to pay unto the City_ of Corpus Christi, a municipal corporation, of the County of Nueces and the State of Texas, the sum of dollars ($ in lawful money of the United States, for the payment of which sum will truly be made unto said City of Corpus Christi, and its successors, and said Principal and Surety do hereby bind themselves, their assigns and successors jointly and severally. This bond shall automatically be increased by the amount of any increase in the work to be performed, but in no event shall there be a decrease in the sum of this Bond. THIS obligation is conditioned; however, that whereas, said MPM Development, LP has this 25th day of July, 2022 entered into a written contract with the said City of Corpus Christi to build and construct all Roadway Improvements within Kings Landing Unit 1 subdivision with Roller Compacted Concrete pavement in conformance with the standards established by the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION, which contract and the plans and specifications therein mentioned is hereby expressly made a part of this bond as though the same were written embodied herein. WHEREAS, Principal binds itself to use of materials and methods of construction such that all roadway improvements will be initially completed free of perceptible defects and will remain in good repair and condition and free of perceptible defects for and during the period of seven (7) years after the date of acceptance of the completed improvements by the City of Corpus Christi, and WHEREAS, said Principal binds itself to construct said improvements in such a manner and obtain inspection approvals in proper sequence as are required to obtain acceptance by the City of Corpus Christi and to repair or reconstruct the said improvements in whole or in part at any time within said seven (7) years period to such an extent as the City of Corpus Christi deems necessary to properly correct all defects except those which have been caused by circumstances and conditions occurring after the time of construction over which the Principal had no control and which are other than those arising from defect of construction by the Principal; and, Approved to Legal Form 1 City of Corpus Christi WHEREAS, under the plans, specifications, and contract, it is provided that the Principal will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of seven (7) year from the date of the acceptance of said work, and to do all necessary maintenance, repairing, reconstructing and/or replacement in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Principal. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said ----- —-- --Pr-incipa-I--and-Surety-on this obligation, and the said Principal-Surety-hereon-shall-be--- -- subject to the liquidation damages mentioned in said contract for each day's failure on its part to comply with the terms of said provisions of said contract. NOW THEREFORE, if the said Principal shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of seven (7) year, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said Principal in the performance of its contract to so maintain, repair, reconstruct, and/or replace said work, then these presents shall have full force and effect, and said City of Corpus Christi shall have and recover from the said Principal and its Principal and Surety damages in the premises, as provided; and it is further agreed that this obligation shall be continuing one against the Principal and Surety, hereon, and that successive recoveries may be and had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Nueces County, State of Texas. The construction of this agreement and the rights remedies, and obligations arising there under are governed by the laws of the State of Texas. Both Principal and Surety hereby agree that the Texas conflicts of law rules do not control this agreement and will not be used to cause the application of the laws of a jurisdiction other than the State of Texas. The obligations performable by both Principal and Surety are performable in Corpus Christi, Nueces County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the work or to the specifications. Approved to Legal Form 2 City of Corpus Christi IN WITNESS WHEREOF, said has caused these presents to be executed by and the said has caused these presents to be executed by its attorney in fact and the said attorney in fact, has hereunto set his hand, the day of 20_ Principal Surety By: By: -- — — - ----Title- ------- Title: Attorney-in-Fact---- Address: Address: The name, address and phone number of the Resident Agent of Surety is: (must be Texas office): "Power of Attorney attached Approved to Legal Form 3 City ofCorpus Christi Exhibit 8 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2)copies_of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10.Environmental (if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired& Non-owned 3. Rented &Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000/ $500,000/$500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Page 1 of 3 I1. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof,at Contractor's sole expense,insurance coverage written on an occurrence basis,by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers'compensation and employers'liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 G. Nothing herein contained shall be construed as limiting in anyway the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Page 3 of 3 Exhibit 9 City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: STREET ADDRESS: P.O. BOX: CITY: STATE: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an 'ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant' for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest' constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION - ----I-certify-that-all-information provided is true and correct as of the date-of this-statement;-that--I-- -.- have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Participation Agreement for Oversizing Streets Purpose of this Resolution is to authorize a developer participation agreement with MPM Development, LP to reimburse the developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa Drive associated with a planned residential subdivision known as Kings Landing Unit 2. City Council December 20, 2022 Project Map i j Q N BAHATHEON S< 4 ' C Lady Alexa Drive s STARK C SANSA ST . LADY U-ST y. ix r . r Location Map 3 q i 6 King's Landing Unit t 22.431—west tract and an 8 464— ■ east tract,in lotal 30.895 acres of land ®�l neral R 3 Funding Details The funding for this item will come from available funds from the 3701 , 3702, and 3703; Developer Participation Bond 2012, 2016, 2018; respectively. The available unencumbered balance in these funds is: $1 ,516,331 .86 Recommendation Approval Staff recommends approval of the developer participation agreement with MPM Development, LP to reimburse the developer up to $192,253.75 for the City's share of the cost to construct Lady Alexa. The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. i y r b Z Q C7 W 1 y Q" j W J CO BARATHEON ST � W J U: r 1 Z W W 1 y O IX W I —Z U) � I u W I T STARK CT--_ — —I I I I T I �1SANSA ST I T LADY.CL'AUDIA S F .� _ W / r _ J r{// Q } I � i I • , r e. y W , } W , 'Ile r• ` v� FM 43 _ 0 750 1, 00 Feet - Dale Crea[ed:9/26/2022 - Department of Deveb pmentservices S � Kings Landing Unit 2 spy 22.431 acre west tract and an 8.464 acre g '� east tract, in total 30.895 acres of land ;� / SUBJECT RRO+P-E-I-F 43 �- —J WEBER- Subject Parcel N -_►,_ N tF E � = City of Map Scale: 1:7,500 Corpus LOCATION MAP Christi se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager THRU: Constance Sanchez, Chief Financial Officer con stan cep(a-)-cctexas.com (361) 826-3189 FROM: Linda Stewart, Neighborhood Services lindas2(a)cctexas.com (361) 826-3851 Resolution Authorizing a Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan Reducing Emergency Solutions Grant —COVID Funds to $2,134,128.54 and awarding $1,144,611.54 to The Salvation Army for Housing Opportunities Construction CAPTION: Resolution authorizing a Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 Consolidated Annual Action Plan for U.S. Department of Housing and Urban Development funds reducing the Emergency Solutions Grant COVID allocation from $2,667,276 by $533,147.46 to $2,134,128.54; allocating $1,144,611.54 to The Salvation Army for construction of temporary housing; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. SUMMARY: This resolution a Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 Consolidated Annual Action Plan (CAAP for U.S. Department of Housing and Urban Development (HUD) funds reducing the Emergency Solutions Grant COVID (ESG-CV) allocation from $2,667,276 by $533,147.46 to $2,134,128.54; allocating $1,144,611.54 to The Salvation Army (TSA) for construction of housing opportunities; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. Funds are required to be expended on completed projects by September 30, 2023 and will increase TSA's overnight capacity by 120 beds to prevent, prepare for, and respond to COVID. This is the first of two phases to address the issue of homelessness within the City. The second phase has been a City Council initiative championed by the Mayor and involves low-barrier shelters. BACKGROUND AND FINDINGS: The City received a total of$2,667,276 from HUD's ESG-CV program. The funds were awarded to the City in two tranches. On April 21, 2020, Ordinance 032088 was adopted amending the FY2020/PY2019 CAAP adding the first ESG-CV tranche of $803,100. On March 2, 2021, Ordinance 032371 was adopted amending the FY2020/PY2019 CAAP adding the second ESG- CV tranche of$1,864,176. These funds were allocated to Corpus Christi Hope House for rent and utility assistance ($401,550), TSA for rent and utility assistance ($401,550), Housing Opportunities Construction ($1,677,759) and administrative costs ($186,417). Fifty percent of all funds received were to be expended by June 16, 2022. At the deadline,the City was 30.01 percent expended. The City was notified by HUD in July 2022 that it had recaptured $533,147.46 based on the percentage of unspent funding. TSA is proposing to construct a non-congregate shelter at their 12,500 square foot vacant gymnasium building with ventilation upgrades to improve air circulation; generator installation; plumbing upgrades to expand restroom capacity; partitions; costs associated with the purchase of a mobile canteen to provide meals to gymnasium clients; kitchenware, supplies, equipment, and food - items used in the preparation, serving, and storage of meals for both the gymnasium shelter and street outreach to assist homelessness or those at risk of homelessness. The gymnasium will have dedicated partitions installed for personal space areas set up to include beds, furnishings and supplies according to space needed for homeless individuals or families. Partition spacing will be installed to meet the COVID spacing requirements. The gymnasium will also have a dedicated quarantine area for COVID positive cases. Clients at the gymnasium will have access to TSA support services; case management; COVID testing; COVID treatment medication; medical appointment transportation; and opportunity to bridge into transition to permanent support service programming. All of these construction activities qualify for ESG-CV funding because they prevent, prepare and respond to COVID by providing 120 non-congregate beds for persons who are homeless. TSA serves over 10,000 cases of individuals, families, and Veterans who are homeless or at risk of homelessness. These cases included providing food, shelter, rental assistance, and supportive services. TSA has 123 beds for families with children and singles. TSA also has 12 beds for Veterans. The Center of Hope Dining Room is a full-service commercial kitchen and dining room that provides three meals each day free of charge to homeless men, women, and children staying in the shelter. In the last Program Year TSA provided 35,916 nights of shelter. ALTERNATIVES: City Council could choose not to authorize the Substantial Amendment which may risk the expenditure of the funds resulting in a loss of available resources for community projects. FISCAL IMPACT: City Council accepted and appropriated the federal grant funds with Ordinance 032088 and 032371. This amendment reduces the available funding from ESG-CV by $533,147.46. Funding Detail: Fund: CDBG Grants (1059) Mission Elem: Revitalize & Stabilize Neighborhoods (132) Project # (CIP Only): N/A Account: Professional Services (530000) Activity: Housing Opportunities Construction (619004F) RECOMMENDATION: Staff recommends authorizing the Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 CAAP reducing the ESG-CV allocation by $533,147.46 to $2,134,128.54 and awarding $1,144,611.54 to TSA for the construction of housing opportunities. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing a Substantial Amendment to the City of Corpus Christi's FY2020/PY2019 Consolidated Annual Action Plan for U.S. Department of Housing and Urban Development funds reducing the Emergency Solutions Grant COVID allocation from $2,667,276 by $533,147.46 to $2,134,128.54; allocating $1,144,611.54 to The Salvation Army for construction of temporary housing; authorizing the execution of all necessary documents to submit the Substantial Amendment; and further authorizing the execution of all documents necessary to implement the Substantial Amendment. Whereas, on April 21 , 2020, Ordinance 032088 was adopted amending the FY2020/PY2019 CAAP adding the first Emergency Solutions Grant - COVID allocation of $803,100; Whereas, on March 2, 2021 , Ordinance 032371 was adopted amending the FY2020/PY2019 CAAP adding the second Emergency Solutions Grant - COVID of $1 ,864,176; Whereas, in July 2022, the U.S. Department of Housing and Urban Development recaptured $533,147.46 of Emergency Solutions Grant — COVID funds; Whereas, projects have changed so that the City needs to amend the FY2020/PY20219 Consolidated Annual Action Plan which triggers the need for a Substantial Amendment; Whereas, in accordance with U.S. Department of Housing and Urban Development regulations, the City's Five-Year Consolidated Plan and the Citizen Participation Plan, and Emergency Solutions Grant — COVID related waivers, substantial amendments to the FY2020/PY2019 involving CARES Act Emergency Solutions Grant require a 5-day public comment period and public notice of the public comment period on the City's website; Whereas, the City published notice of the proposed substantial change to the City's FY2020/PY2019 Consolidated Annual Action Plan on the City's website on or about December 12, 2022. Whereas, the City Council has determined that the Substantial Amendment to the City's FY2020/PY2019 Consolidated Annual Action Plan would best serve the public health, safety, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2020/PY2019 Consolidated Annual Action Plan, which includes the Community Development Block Grant, the Emergency Solutions Grant, and the HOME Investment Partnerships Program, is amended as follows: a) reduction of the City's Emergency Solutions Grant — COVID allocation by $533,147.46 to $2,134,128.54 and b) allocating $1 ,144,611 .54 to The Salvation Army for construction of temporary housing opportunities construction. Section 2. That the City Manager or the City Manager's designee is authorized: a) to submit the Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan to the U.S. Department of Housing and Urban Development, and b) to amend this Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan if required by the U.S. Department of Housing and Urban Development. Section 3. That the City Manager or the City Manager's designee is authorized to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan with the organization for approved projects. 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: THE CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor i ee CORPUS CHRISTI NEIGHBORHOOD SERVICES Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan Allocation of Emergency Solutions Grant— COVID Funds December 20, 2022 Amendment / CORVOSO HRI5T5 Emergency Solutions Grant MAD (ESG-CV) FY2020/PY2019 Substantial Amendment Allocations ESG-CV Allocation #1 $803,100 ESG-CV Allocation #2 $1,864,176 ESG-CV Reduction -$533,147 Total ESG-CV Allocation $2,134,129 Programs and Projects Corpus Christi Hope House - Rent and Utility Assistance $401,550 The Salvation Army - Rent and Utility Assistance $401,550 Neighborhood Services - Program Administration $186,417 NEW The Salvation Army - Housing Opportunities Construction $1,144,612 Total ESG-CV Projects $2,134,129 The Salvation Army Expansion / CORY OS cHRI5T5 • $1.145M shelter expansion (add 120 permanent beds) • Rehabilitate and repurpose existing 12,500 sq. ft. gym • Project will prevent, prepare and respond to COVID • Residents will have access to The Salvation Army's full array of services • This is the 15t phase of efforts to diversity and expand shelter options in support of Council priorities O. CORPUS CHRISTI NEIGHBORHOOD SERVICES Substantial Amendment to the FY2020/PY2019 Consolidated Annual Action Plan Allocation of Emergency Solutions Grant— COVID Funds s yµ December 20, 2022 fl, \1 II Amendment CORPHS CHRISTI Emergency Solutions Grant COVID (ESG-CV) FY2020/PY2019 Substantial Amendment Allocations ESG-CV Allocation #1 $803,100 ESG-CV Allocation #2 $1,864,176 ESG-CV Reduction -$533,147 Total ESG-CV Allocation $2,134,129 Programs and Projects Corpus Christi Hope House - Rent and Utility Assistance $401,550 The Salvation Army - Rent and Utility Assistance $401,550 Neighborhood Services - Program Administration $186,417 NEW The Salvation Arm - Housing Opportunities Construction $1,144,612 Total ESG-CV Projects $2,134,129 The Salvation Army Expansion \`,.., ./ CORPUS CHRISTI • $1.145M shelter expansion (add 120 permanent beds) • Rehabilitate and repurpose existing 12,500 sq. ft. gym • Project will prevent, prepare and respond to COVID • Residents will have access to The Salvation Army's full array of services • This is the 15t phase of efforts to diversify and expand shelter options in support of Council priorities se o H U N1ORPOHPt AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, PE, Public Works Director ernestod2(a)cctexas.com (361) 826-1677 Resolution approving the Floodplain Management Program for Public Information. CAPTION: Resolution approving the Program for Public Information, a community outreach campaign to help residents plan for and protect themselves from flooding and other disasters, as part of the City's participation in the Community Rating System Program (CRS). SUMMARY: Through the City's participation in CRS, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of CRS: 1) Reduce flood losses, 2) Facilitate accurate insurance rating, and 3) Promote the awareness of flood insurance. In an effort to further improve the City's CRS score, staff created the Program for Public Information (PPI), which plans to implement educational and outreach projects, with input and support form community volunteers, numerous area business partners and organizations, and by incorporating innovative methods. BACKGROUND AND FINDINGS: In October 1991 , the City of Corpus Christi qualified for participation in the Community Rating System Program (CRS). CRS is a part of the National Flood Insurance Program (NFIP), which provides discounts on flood insurance premiums in participating communities. The reductions are based on community floodplain management programs, including public information activities. In order to maintain and improve those discounts, communities must continue to implement their programs and provide status reports to the NFIP annually. The City of Corpus Christi currently maintains a CRS Class 8 rating. As part of the City's CRS recertification, staff formally coordinated outreach by developing a Program for Public Information (PPI), Flood Insurance Assessment (FIA), and a Coverage Improvement Plan (CIP). The PPI serves as the blueprint for a comprehensive outreach program. The program includes outreach projects as well as other types of public information endeavors such as a website and technical assistance, as recommended by the PPI Committee. The PPI Committee members include a representative from the community's flood plain management office, the Public Works Department, the Public Information Office, and representatives from the insurance industry, to include the Board of Realtors, Texas A&M University Corpus Christi Environmental Science program, and two (2) representatives from outside local government. Table 1: Program for Public Information Committee Kathleen Chapa, CFM Community's Floodplain Management Office Gabriel Hinojosa, CFM Community's Public Works Department Richard Vargas Community's Public Information Office Jennie Dibala Insurance Industry Elke Gonzalez Board of Realtors Texas A&M University Corpus Christi Jennifer Smith-Engle, PH.D. Environmental Science Program Sandra Morales Citizen Cathy Cruz Citizen The PPI Committee provided input about target audiences, types and delivery of messages, and insight into ongoing efforts in the community. Members were provided information regarding CRS and the recertification efforts, along with an assessment of the City's flood-prone areas, number of flood insurance policies in place, repetitive loss structures, and an outline of the goals and objectives of the Committee. The approval of the PPI will be the basis for the City's goal to improve the current CRS rating from Class 8 to a Class 6 score, providing National Flood Insurance Policy (NFIP) policy holders in the City of Corpus Christi increased savings from a 10% discount to a 25% discount on annual flood insurance programs. With the adoption of the PPI, bonus points are added to outreach projects and other CRS public information activities implemented by the City and/or other organizations or agencies listed as stakeholders. There is a 40% increase in the credit under Activity 330 for outreach projects that are listed in the PPI. Other activities have different increases in credit. Website contents covered in the PPI will increase from the maximum of 47 points to 75 points. The proposed PPI identifies stakeholders as implementing outreach projects and those will receive an extra 30% Stakeholder bonus in addition to the 40% PPI bonus. ALTERNATIVES: City Council could vote not to approve the Program for Public Information, however this would cause the City to miss the opportunity to gain bonus points on activities, hindering the City's goal to improve the current CRS rating from Class 8 to a Class 6 score. Furthermore, disapproval of the program would mean the City is ineligible for additional discounts on annual flood insurance programs. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the Program for Public Information. LIST OF SUPPORTING DOCUMENTS: Resolution Program for Public Information Plan Resolution approving the Program for Public Information, a community outreach campaign to help residents plan for and protect themselves from flooding and other disasters, as part of the City's participation in the Community Rating System Program (CRS). WHEREAS, in October 1991, the City of Corpus Christi qualified forthe Community Rating System Program ("CRS") through the National Flood Insurance Program (NFIP) which provides reductions to flood insurance premiums in participating communities; WHEREAS, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the City's actions meeting the three goals of CRS: 1) Reduce flood losses, 2) Facilitate accurate insurance rating, and 3) Promote the awareness of flood insurance; WHEREAS, the Program for Public Information ("PPI") consists of educational and outreach projects with input and support from community volunteers, numerous area business partners and organizations and by incorporating innovative methods; WHEREAS, the PPI serves as a planning tool to support the City's outreach efforts and increase CRS points to improve the City from a Class 8 rating to a Class 5 rating. WHEREAS, in connection with implementing the PPI and increasing new CRS activities in the community, the City has created a an advisory committee named the PPI Committee which will include stakeholders from the community and city staff. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves a Program for Public Information (PPI) as presented by City Staff and the creation of the PPI Committee to serve as a planning tool to support the City's outreach efforts to help increase CRS activities and points to achieve an improved program rating. SECTION 2. The City Manager, or his designee is authorized to execute any and all documents necessary to implement, finalize and submit a PPI for the City of Corpus Christi with NFIP or other designated Federal or State Flood Control or Insurance Agency. PASSED AND APPROVED on the day of 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma Resolution Page 1 of 2 John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Resolution Page 1 of 2 • i 1I L City of Corpus Christi, Texas, Community Rating System (CRS) Program for Public Information (PPI) Table of Contents Background ......................................................................................................................................1 Program for Public Information Committee (PPIC) .........................................................................2 Community Needs Assessment .......................................................................................................3 FloodHazards...................................................................................................................................3 Community Rating System (CRS) .....................................................................................................3 RepetitiveFlooding..........................................................................................................................4 Social and Economic Needs.............................................................................................................4 Target Areas &Audiences................................................................................................................5 Topicsand Initiatives .......................................................................................................................6 PublicInformation Efforts................................................................................................................7 Projectsand Initiatives.....................................................................................................................9 Other Projects and Public Information Incentives.........................................................................11 Implementation, monitoring and program evaluation..................................................................12 Adoption ........................................................................................................................................12 Background The City of Corpus Christi has developed educational and outreach projects with input and support form community volunteers, numerous area business partners and organizations, and by incorporating innovative methods.The city has also undertaken a community outreach campaign to help residents plan for and protect themselves from flooding and other disasters. This is accomplished through social media, the city website, and a Flood Management Newsletter distributed annually to all residents. In October 1991,the City of Corpus Christi qualified for the Community Rating System Program (CRS). CRS is a part of the National Flood Insurance Program (NFIP). It provides reductions to flood insurance premiums in participating communities. The reductions are based on community floodplain management programs, Program for Public Information I P a g e 1 including public information activities. To maintain and improve those discounts, communities must continue to implement their programs and provide status reports to the NFIP each year. As part of the City of Corpus Christi's CRS recertification, the city formally coordinated outreach by developing a Program for Public Information (PPI), Flood Insurance Assessment (FIA), and a Coverage Improvement Plan (CIP). The PPI (figure 1) serves as a planning tool to support the City's outreach efforts and increase CRS points to achieve a Class 6 program rating. The City of Corpus Christi currently maintains a CRS Class 8 rating. The city is implementing new CRS activities in conjunction with a Program for Public Information (PPI). The PPI will serve as the blueprint for a comprehensive outreach program. It includes outreach projects as well as other types of public information endeavors such as a website and technical assistance. The PPI is the basis for the City's goal to improve the current CRS rating from Class 8 to a Class 6 providing National Flood Insurance Policy(NFIP) policy holders in the City of Corpus Christi and increased savings from a 10%discount to a 25%discount on annual flood insurance programs. Figure 1- PPI Planning Process 1N 11111 �4y64S1t4PV".... ..... ..9'�l ll »i1�L\UlU11iY11W �4SlRl lWI10111�611i� i III �ti �lu Program for Public Information Committee The PPIC members include a representative from the community's flood plain management office, the public works department, the public information office, as well as representatives from the insurance industry, Board of Realtors, Texas A&M University Corpus Christi Environmental Science program, and at least two (2)from outside local government. Table 1: Program for Public Information Committee NAME REPRESENTING Kathleen Chapa, CFM Community's Floodplain Management Office Gabriel Hinojosa, CFM Community's Public Works Department Richard Vargas Community's Public Information Office Jennie Dibala Insurance Industry Elke Gonzalez Board of Realtors Texas A&M University Corpus Christi Jennifer Smith-Engle, PH.D. Environmental Science Program Sandra Morales Citizen Cathy Cruz Citizen The role of the PPIC is to provide input about target audiences, types and delivery of messages, and insight into ongoing efforts in the community. Members are provided information regarding CRS and the recertification efforts, along with an assessment of the City's flood-prone areas, number of flood insurance policies in place, repetitive loss structures, and a blueprint for goals and objective of the Committee. The Program for Public Information I P a g e 2 main objective is to prioritize outreach projects. The following ideas to improve and facilitate better organization and documentation were offered: • Continue to request comments on ways to improve the program from those outside the committee. • Continue to partner with organizations, community leaders, and other City departments to share resources to broaden the outreach audience. The PPI committee met virtually on two occasions to develop the Program for Public Information. • 09/21/22 • 10/06/22 Community Needs Assessment Corpus Christi is the eighth largest city in Texas and sixtieth most populous City in the United States with a census-estimated 2021 population of 348 thousand people within a land area of 480 square miles. The city is a coastal community with elevations ranging from sea level to 85ft above sea level, is prone to flooding and vulnerable to hurricanes. With its proximity to the Gulf Coast, growing population, and increased development the City of Corpus Christi has implemented structural and nonstructural mitigation strategies as part of a comprehensive flood mitigation program. The Development Services Department regulates land development in the City of Corpus Christi and within its extraterritorial jurisdiction (ETJ). The City Development Services department is governed by codes that address how property can be subdivided and addresses land use. The department checks subdivision plats for the proper subdivision of land, adequate street, or right-of-way, building lines and for compliance with Code of Ordinances, Chapter 14,the City's Flood Hazard Prevention Code. Development site plans are checked for compliance with regulations that include parking, landscaping requirements, setbacks, and access. A Flood Insurance Assessment (FIA) is provided as a supplement to the PPI to provide a background on the status of flood insurance coverage in the City of Corpus Christi. One of the primary goals of the CRS program is to improve flood insurance coverage. The FIA provides numerical values for a variety of flood insurance related variables, allowing for the potential to track changes in flood insurance coverage over time. Flood Hazards Approximately 16%of the total City area lies within the Special Flood Hazard Area (SFHA) on FEMA flood maps. The City of Corpus Christi's Floodplain Management division (FMD) is a part of the City's Public Works Department. FMD is responsible for administering the provisions of the City's Floodplain Ordinance and provides comprehensive floodplain information to residents, builders, contractors, and other groups. Community Rating System (CRS) Through the City's participation in CRS, flood insurance premium rates are discounted to reflect the reduced flood risk resulting from the community actions meeting the three goals of CRS: 1) Reduce flood Program for Public Information I P a g e 3 losses, 2) Facilitate accurate insurance rating, and 3) Promote the awareness of flood insurance. City of Corpus Christi entered the CRS program in 1991 at Class 10 and improved its rating to Class 8 in 2020. a n.re�_erce cvc frr..; in n • • • r- ra n.v.r, Ii i:IS •�instl p •r M i • "R yre Ranch yLk:yLi. Wadm khn Xe rtes&n,HERE,Ga—in, t-p,increment P Corp,GEBCO,VSGS,FAO,NPS,NACAN,Geo6ase,fGN,Kada ter NL,Ordnance Survey,Lri Japan, F I,L6 China(Hang Kong),Id Open St,e Wt p contribute and the G6 hoer unit' • SEVERE REPETITIVE LOSS CITY O F CORPUS CHRIST • REPETITIVE LOSS NUECES COUNTY, TEXAS 0 CITY LIMITS Repetitive Flooding Based on FEMA's current Repetitive Loss report, there are approximately 205 repetitive loss structures and 25 severe repetitive loss structures in the City of Corpus Christi. In previous years,the City has worked with property owners to undertake flood mitigation measures such as buyout, relocation, elevation, or otherwise improving the structures so they are no longer subject to repetitive flood damage. This analysis concludes that rather than waiting for a flood to occur, a community can protect property from flood damage through a protective flood protection program that includes various ways to minimize or eliminate flooding. Social and Economic Needs The City of Corpus Christi is an ethnically diverse city. Of the 340 thousand-plus residents, 61% Hispanic, 27.4%White, 4.1%African American, 2.2%Asian, and the remaining a combination of other races. Program for Public Information I P a g e 4 The demographic composition of the city is an important consideration when overcoming potential language barriers. Therefore, the Committee recognized that inclusive communication is key to effectively distributing messages by using the right tools, resources, and venues to target all residents. The city provides flood information in both English and Spanish. Each message is distributed multiple times and in a variety of different forms. Target Areas The Committee agreed that, while it is important that the community as a whole receives public information pertaining to flooding,there are areas and groups that particularly need to be targeted. Properties located within the newly mapped flood areas of Molina and Oso neighborhoods have a mixture of older established neighborhoods and upcoming subdivisions. Property owners in the newly mapped areas need to be informed of changes pertaining to flooding, insurance requirements, etc. Target Audiences The Committee concluded that both the general population as well as the specific groups listed below should be targeted for community outreach. Target Audience#1: Community at Large All residents and businesses throughout the City need to be aware of flood risk, availability of flood insurance, disaster preparedness measures, and other key flood information messages. A primary outreach includes a letter distributed annually directing residents to visit the City's website regarding building requirements in SFHA's, flood mitigation measures, and flood risk data. Target Audience#2:SFHA's and Repetitive Loss Properties Stakeholder groups have been identified to assist in outreach efforts such as Real Estate and Insurance Agents, and environmental groups targeting protection of natural floodplains such as the Coastal Bend Bays Foundation. Target Audience#3: Builders, Contractors, and Engineers The professional services in the construction industry need outreach to ensure that they are fully aware and incompliance with NFIP, CRS, and City regulations and best practices.This audience is responsible for the construction of new buildings and infrastructure. Target Audience#4: Real Estate and Insurance Agents Purchasing a home is one of the largest financial decisions people make. Working together with real estate and insurance agents to distribute CRS messaging ensures the community is informed prior to purchases. Target Audience#5:Schools Brochures, coloring books, presentations can be given to school children to be taken home and start discussions. Topics and Initiatives The PPI Committee selected 7 priority topics for 2022-2024 that need to be disseminated to audiences. Each topic has a measurable outcome and related message. Program for Public Information I P a g e 5 Table 2:Topics and Initiatives A. Know your flood risk Increase flood information 1. Check the online maps to see if your property is in the & Flood Hazards inquiries to Public works floodplain. Corpus Christi Viewer(arcgis.com) and better prepared & 2. Find out if your property is subject to flooding. Request informed residents. information online:floodplainmanagement@cctexas.com https://form.00tform.com/201566285840155 3. Assemble your disaster kit. For a detailed list of supplies visit www.ready.gove/kit 4. Sign up for Reverse Alerts: https://www.cctexas.com/services/public-safety/alerts- notices B. Protect property and Increase number of flood 1. Purchase flood insurance to protect your assets. Contact contents with flood policies community wide. an insurance agent or visit http://www.floodsmart.gov insurance. 2. Don't delay,there is a 30-day waiting period before policies are effective. 3. Did you know residents&businesses in the moderate to low-risk flood areas submit over 20%of NFIP claims and receive one-third of disaster assistance for flooding?Ask your insurance agent about a preferred risk policy. 4. Are you renting?Get contents-only coverage to protect your assets. C. Protect property, Increase number of 1. Reduce potential flood damage. Contact FMD for ways to learn about flood applications for flood update your home and protect your property. regulations and protection projects. 2• Reduce damage to existing structures. Elevate your water building codes. heater,air condition unit and electrical panel. 3. Contact FMD about grants to elevate your property or property buy-out opportunities. 4. Contact the Grant Monitoring Department for information on the Disaster Recovery Residential Voluntary Buyout Program. D. Protect people from Fewer water rescues 1. Turn around don't drown! hazards Fewer injuries and/or 2. Be alert for fire hazards like broken wires. deaths from electric shock, 3. Before evacuating TURN OFF gas, power,and water. fires, infections, etc. 4. Avoid wading in floodwater which may contain dangerous debris,downed power lines,and contaminates. E. Build responsibly Fewer violations for 5. If you are building in the floodplain,find out what permits unpermitted or non- are required at www.cctexas.com/services/construction- compliant construction and-property-services/starting-building-project 6. Hire a licensed surveyor,architect,or engineer to complete an elevation certificate. 7. You must obtain a permit to bring fill onto a property in the City-regulated floodplain. Contact FMD for further information. Program for Public Information I P a g e 6 8. FMD can conduct site visits and provide financial assistance advice. F. Protect natural Improve water quality of 1. Don't trash the bays-Clean Bays start at home. floodplain functions wetlands, bays, estuaries 2• Pollution Prevention-Contact us for special events: Earth Day&Science Spectaculars pollutionprevention@cctexas.com G. Stormwater Increase participation in 1. Don't mess with Texas Water- Report Illegal dumping Management clean out projects; increase (361) 826-2489 participation in Adopt-a- 2• Volunteer with our Storm Inlet Marking Program. Follow Drain program and Storm us on Facebook @CCStormWater Inlet Marking Program 3. FOG prevention program- How can you help stop the FOG clog. For more information visit www.cctexas.com/FOG Public Information Efforts Documenting what public information is reaching City of Corpus Christi residents is an important aspect of developing a Public Information program. The program is designed to build community resilience to flooding by encouraging residents to improve flood hazard preparedness and decrease future flood damage. Table 3 contains initiatives that are in place or will be expanded upon in support of the goals and CRS messages. This list was composed through City staff research. Table 3: Public Information Efforts Organization Project Subject Matter Frequency Public Utility Disseminate Various Flood-related topics Year-round Dept./Floodplain comprehensive Management Office flood information Homepages City Website/Various Promote natural 1. Utility Department F.O.G. campaign- Fat, Oil, Year-round City Departments floodplain and Grease Prevention protection 2. "No Dumping- Drains to Waterway" Storm Inlet Marking Program 3. Solid Waste Department- Household Hazardous Waste Collection. 4. "Over fertilizing your lawn can harm the bay" 5. "Keep it clean-Scoop the Poop" Animal Care Services Floodplain Residential Residential permitting Year-round Management Office Permitting Brochure Program for Public Information P a g e 7 Development Services Residential Building Building Codes Year-round Department Code Standards Floodplain Floodplain Various Flood-related topics Annually Management Office Management Annual Newsletter Floodplain Letter mailed out Various Flood-related topics, including specific Annually Management Office to SFHA and advertisement of CRS Activities 320, 360, 370, Repetitive Loss and 610. property residents. Mayors Office & Insurance Encourage residents and businesses to consider Annually Floodplain Promotion letter purchasing flood insurance. Management Office mailed out to all residents Grant monitoring Promote Housing Promote the Disaster Recovery Residential Annually Department and Community Voluntary Buyout program. (Application Development period March- programs April) Floodplain Flood Awareness Promote flood mitigation and reducing flood Bi-Annually Management Office Week risk, flood insurance availability, demonstrate flood model and effects of natural disasters at area elementary schools. Floodplain Update flood Various Flood- related topics As Needed Management Office information in public libraries Floodplain Thinking outside Flood Resistance- increasing absorptive Year-round Management Office the box for a flood landscapes, green infrastructure (help collect, resistant Corpus store, and manage water). Christi American Red Cross Flood Safety Flood Safety- What to do before, during, and Year-round Preparedness after. National Oceanic& Flood Preparation Hazard notification Year-round Atmospheric and flood safety Administration brochure National Weather Service Floodsmart.gov How to Buy Flood Flood Insurance Year-round Insurance Program for Public Information P a g e 8 Special Event Distribute flood Various Flood-related topics As Needed for Organizers & Event Information on Special Events Leaders Various Flood- related topics. Community Groups & Publicize Various Flood-related topics Year-round Businesses comprehensive flood related topics Projects and Initiatives Table 4 of this document provides a comprehensive list of the PPI program elements, which include various public information tasks, website information and other social media efforts. There are 18 projects and initiatives that would be implemented during 2022-2023 to achieve full expected CRS credit, all 18 projects must be executed in full and on schedule. Table 4: Projects and Initiatives Target .p •P (01P) Assignment Schedule Stakeholder Community 7 Key Disseminate Public Utility Year-round N/A At Large Topics/Initiatives comprehensive flood Depts./ (A-G) information on Floodplain 1 various Flood-related Management topics Office Homepages Community 2 Key Residential Permitting Development Year-round N/A At Large Topics/Initiatives and Building code Services/ 2 (C, E) requirements Floodplain Management Office Community 4 Key Flood-related social Public Utility Year-round N/A At Large Topics/Initiatives media topics Depts./ 3 (B, D, E, F) Floodplain Management Office Social media pages Community 3 Key topics/ Flood information Floodplain Year-round N/A At Large Initiatives (B, D, F) displayed on the city Management (messages 4 electronic billboard Office rotate) Staff/Public Works Program for Public Information P a g e 9 Community 2 Key topics/ Flood Insurance Office of the Annually N/A At Large Initiatives (A, B) Information Letter Mayor 5 mailed to all residents & Floodplain in Corpus Christi Management Office Builders, 2 Key Provide EC training to Floodplain Year-round N/A Contractors, topics/Initiatives City Staff, outside Management 6 Engineers (A, D) surveyors and other Office professionals filling out ECs. Community 7 Key Topics/ Informational fact Floodplain Brochures N/A At Large Initiatives (A-G) sheets and other Management and fact documents in various Office/ sheets City buildings Development available 7 Services/Public year-round; Works larger displays rotating locations Real Estate 5 Key Brochure for real Floodplain Year-round Real Estate & 8 and Topics/Initiatives estate and insurance management Insurance Insurance (A-E) agents to give Office Agents Agents prospective clients SFHA Areas/ 7 Key Newsletter mailed to Floodplain Annually N/A 9 RL Areas Topics/Initiatives Repetitive Loss Management (A-G) property residents Office Staff Community 7 Key Annual Floodplain Floodplain Annually N/A 10 At Large Topics/Initiatives Newsletter mailed to Management (A-G) all residence within Office Staff SFHA's. Community 7 Key Flood information Floodplain Bi-Annually N/A At Large Topics/Initiatives presented at booths Management 11 (A-G) at city expos and Office other local events (Halloween/National Night out, etc.) Community 4 Key topics/ Participate in Texas Floodplain Bi-Annually N/A 12 At Large Initiatives (A, B, E, Flood Awareness Management F) Week Office Community 2 Key topics/ Provide Emergency Floodplain Annually N/A At Large Initiatives (A, D) Preparedness Management (December) 13 Calendars (Senior Office Citizen centers, facilities) Program for Public Information P a g e 10 Community 7 Key Provide Updated Floodplain As Needed N/A 14 At Large/ Topics/Initiatives Flood information Management SFHA Areas/ (A-G) flyers/brochures in Office Staff RL Areas public libraries Community 4 Key Provide flood Floodplain Annually Event At Large Topics/Initiatives information on Management (April) Organizers & 15 (A, D, F, G) various Flood-related Office Other Event topics (coloring books Leaders to each 3rd grade class within the city limits) Community 7 Key Provide flood Floodplain As Needed Event At Large Topics/Initiatives information on Management for Special Organizers & 16 (A-G) various Flood-related Office Events Other Event topics (brochures/fact Leaders sheets Earth Day) Community 7 Key Provide flood Floodplain As Needed Event At Large Topics/Initiatives information on Management for Special Organizers & (A-G) various Flood-related Office Events Other Event 17 and Emergency topics Leaders (coloring books/brochures, etc. Red Ribbon Week) Community 7 Key Publicize Floodplain Year-round Community At Large Topics/Initiatives comprehensive flood Management groups & (A-G) information on Office Businesses 18 Community groups and businesses websites- example www.mirassports.com N/A-With the exception of OP 8 (Real Estate & Insurance Agents), OP 15, 16, 17 (Charity&other organizations events), and OP 18 (Community Groups & Businesses)the OPs do not use stakeholder delivery in delivering the CRS messaging. Other Projects & Public Information Initiatives In addition to the outreach projects recommended there are other initiatives that are an important part of the community's CRS program. The City of Corpus Christi will also advertise the following assistance it offers: • Activity 310 (Elevation Certificates): The availability of elevation certificates is advertised annually in the Annual newsletter and on the city website. The newsletter is mailed out to every property owner within a Special Flood Hazard Area and Repetitive loss property. • Activity 320 (Map Information Service):This service is offered year-round.All previous and the most current FIRMS are available on the city website.The Floodplain manager holds one on one sessions on how to use the city's GIS and FEMA map service center. This service is advertised on Program for Public Information I P a g e 11 the annual newsletter,Agent mailouts (Realtors, Insurance, Lending Institutions), and on the city website. • Activity 340 (Hazard Disclosure): This disclosure is required in coastal communities such a Corpus Christi by the State of Texas. Local realtors are aware and reminded of the importance of the hazard disclosure. • Activity 350 (Flood Protection Information): The City Floodplain Management website is very informative and covers all messages chosen by the PPI committee. The website is updated continuously. There are also links to the City of Corpus Christi Emergency Management website that covers the warning and evacuation topics in depth. • Activity 360 (Flood Protection Assistance): The Floodplain Management Division of Public Works offers site visits and one-on-one advice about property protection and financial assistance programs.These services are advertised in the annual newsletter,Agent mailouts, and on the city website. • Activity 540 (Drainage System Maintenance): The "No Dumping" and "Protect Natural Floodplains" will continue to be advertised in the annual newsletter, city's website, and various departments social media platforms (Public Works, Stormwater, Utilities). • Activity 610 (Flood Warning and Response): Flood warning, evacuation instructions, evacuation routes, and safety information will continue to be advertised to the entire community year-round on the city websites. Implementation, monitoring and program evaluation Upon adoption of the PPI report, the departments and stakeholders listed on Table 4 will begin implementation of the projects listed.The Floodplain Manager will monitor the projects as they are developed, as well as their results. The PPI committee will meet at least annually to review the PPI program. In this review, the committee will review the execution of PPI activities in the previous year and assess the outcomes of the outreach projects and evaluate the need for changes to the program. The Floodplain Manager will record inputs from the committee members and suggestions from stakeholders participating in the activities. An evaluation report, discussing the efficacy of the PPI program and its outreach projects, will be prepared annually, and sent to the committee for approval. Upon approval it will be sent to the City Council and submitted along with the annual recertification to the Community Rating System. Adoption This document will become effective upon adoption by the City Council. Program for Public Information I P a g e 12 Flood Insurance Assessment and CRS Coverage Improvement Plan 2022 In addition to the PPI Plan, the City of Corpus Christi will conduct further outreach projects to improve flood insurance coverage within the community. A Flood Insurance Assessment (FIA) was performed assessing the current level of flood insurance coverage throughout the city. Results of the FIA were incorporated into a "Coverage Improvement Plan" (CIP) to identify where coverage needed to be improved. The CIP was developed by the PPI Committee to determine the most effective ways to increase the policy count city-wide. FIRM with Insurance Policies r.t•7 I.•.r II !.y'+�r;�d i. ..'M• 2 4 i r-�.� !'IGeCes may. . '4` •I u•d1,7 •�__.�. `'�.y syr .�—___.__ y ;`'+•: CcrAus Gh,sti Say 41 •.?' �•�,-_ Oso Bay - • Insurance Policy Laguna i •i Madge Gulf i AE ,Agerca i AO 1 VE This map for"aphie purposes enfy. X(Shaded) PreparedoyLT.GIS�epar..nt j" 1"�'♦- i May 21721 i ♦ i X 202012021 FEMAlnsureroce Pelic6es 0 iu.u:io e�,ri00 Faa[ Coverage Improvement Plan 1 P a g e The City of Corpus Christi has identified 'need-areas' for increasing policy count and improving flood insurance coverage. These areas are based on policy density count, recently revised SFHA's, and are prioritized by needed amount of outreach. The flood insurance policy coverage was based on data provided by FEMA in tabular format. The City received a list of current flood insurance policies. From the data provided, policy addresses were geocoded in GIS to be analyzed. Policy counts and parcel counts were collected and need areas identified. The information was examined by the Floodplain Management Office and the appropriate method of outreach for each area was assigned. Table 1. Need Areas- Low to high policy count density Zip Codes Method of Outreach Neighborhood 78415 Newsletter, Insurance Agents, and Real Estate Agents Molina 78417 Newsletter, Insurance Agents, and Real Estate Agents Molina 78413 Newsletter, Insurance Agents, and Real Estate Agents Oso Figure 1. Need Areas for Coverage Improvement � � l yo r Rp aI y @M1 �Qh 4 I � u� S` S Asa �4� o� her J FM 2444 a " BOJ '�C A r A AE. aE. FEooawA. AE.Fwoowar A0. VE G 2 KI-CE eL 0.11 CTANNl1ALCFWNCE FFOOG 'ArMD Coverage Improvement Plan 2 1 P a g e Table 2. General Policy Data FloodNumber of Adjustment ForceZone . AE 7,493 $5,242,750 $1,954,239,700 1,537 $14,980,664.04 $1,044,786.99 A 3 $5,874 $1,103,100 7 $14,440.09 $1,545.00 AO/AH 0 0 0 0 0 0 V01-30 254 $692,460 $62,948,200 77 $697,034.94 0 D 0 $4,583 $700,000 0 0 0 X 8,475 $4,765,520 $2,980,958,600 2,606 $22,056,105.91 $1,444,741.02 Total 16,225 $9,762,278 $4,353,714,700 4,275 $38,396,326.15 $2,719,237.83 Table 3. Pre-FIRM Policy Data FloodNumber of Adjustment ForceZone . AE 449 $472,386 $89,716,400 726 $7,817,088.13 $324,884.80 A 0 0 0 7 $14,440.09 $1,545.00 AO/AH 0 0 0 0 0 0 V01-30 21 $43,437 $2,669,900 25 $668,602.65 $51,617.76 X 3,539 $1,677,978 $1,001,431,100 1,853 $10,585,272.82 $795,817.59 Total 4,009 $2,193,801 $1,093,817,400 2,611 $19,085,403.69 $1,173,865.15 Coverage Improvement Plan 3 1 P a g e Table 4. Post-FIRM Policy Data FloodNumber of Adjustment ForceZone . AE 7,044 $4,557,214 $1,686,540,000 818 $7,179,855.89 $753,724.12 A 3 $5,874 $1,103,100 0 0 0 AO/AH 0 0 0 0 0 0 V01-30 233 $338,625 $55,644,100 52 $28,432.29 $27,515.00 D 0 $0 $0 0 $0 $0 X 4,936 $2,664,468 $1,516,377,200 794 $12,102,634.28 $764,133.56 Total 12,216 $7,568,477 $3,259,897,300 1,664 $19,310,922.46 $1,545,372.68 Table 5. Number of Buildings with Coverage and Insurance in Force Occupancy Single Family 11,225 $6,958,411 $3,273,518,500 2-4 Family 527 $301,491 $114,340,100 All Other Residential 3,730 $1,040,905 $608,394,000 Non-Residential 744 $1,461,978 $357,812,100 Total 16,226 $9,762,785 $4,354,064,700 Table 6. Proportion of Flood insurance coverages by zone ProportionNumber of Structures Flood Zone Policies In Force SFHA 7,751 17,723 44% X 8,475 93,080 9 Total 16,226 110,803 15% Coverage Improvement Plan 4 1 P a g e There are less Zone X flood policies for Post-FIRM structures than there are for Post-FIRM properties located in Zone AE. This may be an indication on how much outreach the City of Corpus Christi needs to provide to its residents regarding flood risk outside identified SFHA's. This may also be an indication that many mortgages in the SFHA are paid in full and no longer required by a lender to carry flood insurance under NFIP's "Mandatory Purchase of Flood Insurance" provision. OccupancyPolicies In Force Policies In Force Single Family 13,413 11,225 -2,188 2-4 Family 602 527 -75 All Other Residential 4,228 3,730 -498 Non-Residential 873 744 -129 Total 19,116 16,226 -2,890 The number of policies in place have decreased since 2021 in each occupancy. With fewer than 20,000 total number of flood policies in force in the City of Corpus Christi, city officials recognize the need to promote flood insurance to increase the policy count and protect property. The following is a summary of activities that will be implemented to promote the increase of flood insurance coverage. A new Flood Insurance Assessment will be conducted prior to the next CRS reverification period to determine if the efforts have made an improvement of coverage. Table 7. Flood Insurance Promotion Outreach Projects Target . . Project K •P . . •PLLh�&Stakeholder Community 7 Key Disseminate Public Utility Year-round N/A At Large Topics/Initiatives comprehensive flood Depts./ (A-G) information on Floodplain 1 various Flood-related Management topics Office Homepages Coverage Improvement Plan 5 1 P a g e Community 7 Key Topics/ Informational fact Floodplain Brochures N/A At Large Initiatives (A-G) sheets and other Management and fact documents in various Office/ sheets City buildings Development available 2 Services/Public year-round; Works larger displays rotating locations Real Estate 5 Key Brochure for real Floodplain Year-round Real Estate & 3 and Topics/Initiatives estate and insurance management Insurance Insurance (A-E) agents to give Office Agents Agents prospective clients SFHA Areas/ 7 Key Annual Newsletter Floodplain Annually N/A 4 RL Areas Topics/Initiatives mailed to Repetitive Management (A-G) Loss property Office Staff residents Community 7 Key Annual Newsletter Floodplain Annually N/A 5 At Large Topics/Initiatives mailed to all Management (A-G) residents within Office Staff SFHA's Community 7 Key Flood information Floodplain Bi-Annually N/A 6 At Large Topics/Initiatives presented at booths Management (A-G) at city expo's and Office other local events Community 4 Key topics/ Participate in Texas Floodplain Bi-Annually N/A 7 At Large Initiatives (A, B, E, Flood Awareness Management F) Week Office Community 7 Key Provide Updated Floodplain As Needed N/A 8 At Large/ Topics/Initiatives Flood information Management SFHA Areas/ (A-G) flyers/brochures in Office Staff RL Areas public libraries Community 6 Key Provide flood Floodplain As Needed Event At Large Topics/Initiatives information on Management for Special Organizers & 9 (A-G) various Flood-related Office Events Other Event topics (coloring Leaders books/brochures/fact sheets, etc.) Community 7 Key Publicize Floodplain Year-round Community At Large Topics/Initiatives comprehensive flood Management groups & 10 (A-G) information on Office Businesses Community groups & Businesses websites N/A-With the exception of OP 3 (Real Estate & Insurance Agents) OP 9 (Charity&other organizations events), and OP 10 (Community Groups & Businesses)the OPs do not use stakeholder delivery in delivering the flood insurance promotion messaging. Coverage Improvement Plan 6 1 P a g e S. PUBLIC WORKS DEPARTMENT Floodplain Management Division 3 Improving our Community " Rating System Standing Ernie De La Garza �y k CITY OF CORPUS CHRISTI PUBLIC WORKS Overview DEPARTMENT The Community Rating System (CRS) is a voluntary incentive program that provides flood insurance premium discounts for community floodplain management activities exceeding the minimum standards of the National Flood Insurance Program (NFIP). Table 11 O-1. CRS classes.credit paints. and premium discounts. Federal Emergency Management Agency (FEMA) CIRS C1ass Credit Points(cT) Premium Aaducnon administers the CRS program through the NFIP. In SFH.4 Outside SFHA t 4,500+ 45% 10% Currently a Class 8 2 4,000=4,499 40% 10% • Provides a 10% to Special Flood Hazard Area Flood 3 3'5001-3,990 35% 10% 4 3,000-3,499 30% 10% insurance premiums. 5 2,500-2,999 25% 10% 6 2,ODD-2,499 20% 10% 7 1,5510-1,999 15% 5% 8 1,000-1,499 10% 5% 9 500-999 5% 5% 10 0--499 0 0 CITY OF CORPUS PUBLICWORKSRiSTi Program for Public Information 4) DEPARTMENT CRS provides additional credit for public outreach efforts that are coordinated through an adopted program for public information. Developing The proposed Program for Public Information (PPI) Program for Public Information is a community outreach campaign that includes for Credit under the Community Rating System educational and outreach projects to help residents of the National Flood Insurance Program plan for and protect themselves from flooding and other disasters. 0 2021 NFIPICRS 2 CITY OF CORPUS CHRISTI Program For Public PUBLIC WORKS \ DEPARTMENT Information Committee The PPI Committee consists of an eight- Kathleen Chapa, Community's Floodplain member body, representing both inside and CFM Management Office outside local government. Gabriel Hinojosa, Community's Public Works CFM Department The PPI Committee Richard VargasCommunity's Public • Provides input about target areas and Information Office audiences Jennie Dibala Insurance Industry • Reviews current outreach for improvementElke Gonzalez President, Board of • Recommends new activities to convey WI Realtors information to residents. rilIII TexasA&M University • Recommends measures to protect natural Corpus Christi functions of the community's floodplain. _ Engle, PH.D. Environmental Science Program Sandra Morales Citizen Cathy Cruz Citizen CITY OF CORPUS CHRISTI PUBLIC WORKS DEPARTMENT n Benefits of PPI PPI credit comes in the form of bonus points added to outreach projects and other CRS public information activities that are included in the PPI and implemented by the community. Bonuses include- • 40% increase under Activity 330 for outreach projects • Website contents covered in the PPI will increase from maximum of 47 points to 75 points. • 30% Stakeholder bonus in addition to the 40% PPI bonus. CITY OF CORPUS CHRISTI ( 1=07 : PUBLIC WORKS \ o'er DEPARTMENT Public Information Efforts 0n Community at Large • Flood Awareness Week Activities • Radio and TV advertisements • School Outreach • Community Townhall Meeting • Annual Newsletter (SFHA's and Repetitive Loss Properties) Builders, Contractors and Engineers • Yearly Regulation Update Meeting Real Estate and Insurance Agents • Annual Agent Brochure • Annual Policy Update Meeting se o H U /ry1OHPOHPt EO AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of December 20, 2022 DATE: November 21 , 2022 TO: Peter Zanoni, City Manager FROM: Mike Culbertson Interim CEO Corpus Christi Regional EDC mculbertson(a)ccredc.com (361) 882-7448 Type B Small Business Assistance Program CAPTION: Motion authorizing six Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: one with Service Corps of Retired Executives (SCORE), one with Texas A&M University—Corpus Christi, and four with Del Mar College for a total amount not to exceed $675,000 to support small businesses within the City of Corpus Christi. SUMMARY: This agenda item approves agreements for Service Corps of Retired Executives (SCORE), Texas A&M University — Corpus Christi Internship program, Del Mar College Small Business Development Center (SBDC), Del Marl College Procurement Technical Assistance Center (PTAC), Del Mar College Contractor Resource Center (CRC), and Del Mar College Internship program. Funding for these agreements is included in the Corpus Christi B Corporation's Fiscal Year (FY) 2023 operating budget. BACKGROUND AND FINDINGS: On July 18, 2022, the Corpus Christi B Corporation's Board (Type B Board) approved the FY 2023 operating budget. Included in the Type B Fund is $775,000 for seven Small Business Assistance programs. On November 14, 2022, the Type B Board approved agreements for each of the seven Small Business Assistance programs. This agenda item authorizes six of the seven agreements. The seventh Small Business agreement with LiftFund will be brought to the City Council in January 2023 for approval. Below is a list of the programs. Small Business Projects Grant Amounts SCORE 70,000 Texas A&M Internship 100,000 Del Mar College Internship 100,000 Del Mar College — PTAC (Process Technical Assistance Center) 105,000 Del Mar College — CRC (Contract Resource Center) 150,000 Del Mar College — SBDC (Small Business Development Center) 150,000 Totals $675,000 The Service Corps of Retired Executives (SCORE) SCORE is a nonprofit association dedicated to educating entrepreneurs and to help small businesses start, grow, and succeed nationwide by providing mentoring and training for small business owners. Both TAMUCC & Del Mar College Internship programs Benefits of the internship programs include increasing graduate retention rates by exposing students to local companies prior to graduation and increasing local companies access to a high quality, educated workforce. The Board voted to increase the Type B share from $5.00/hour plus FICA, to $7.25/hour plus FICA. The Procurement Technical Assistance Center (PTAC) PTAC is a federally sponsored program located at Del Mar College's Small Business Development Center that assists any business interested in pursuing federal, state, or local government contracts through a wide range of services. The grant has increased from $99,500 last year to $105,000. The Contract Resource Center (CRC) CRC offers one-on-one advising to better prepare and connect small businesses with larger projects. The grant has increased from $133,000 last year to $150,000. Some of the benefits of becoming a CRC client are the following: • Training and development in specific areas. • Access to be listed on the Contractor Ready List shared with Corpus Christi Regional Economic Development Corporation (CCREDC) and large industry partners. • Access to the Plan Room to print bids and specs for local commercial contracts. Small Business Development Center (SBDC) The primary goal of the SBDC is to provide technical support that businesses need, when they need it, and for however long they need it. Some clients have been working with the Center for over 20 years. As businesses grow and move on to new levels, they have new issues, challenges, and opportunities that require expert guidance. The Corpus Christi B Corporation (Type B Board) approved these agreements at their November 14, 2022, meeting. ALTERNATIVES: The City Council may choose to not fund these agreements or could choose to fund them at a lesser amount. FISCAL IMPACT: The financial impact is an amount not to exceed $675,000 to be funded with the Type B Economic Development Fund in FY 2023. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: Project # (CIP Only): Account: 530000 Professional Service Expense RECOMMENDATION: Staff recommends approval of these seven agreements in an amount not to exceed $675,000 to be funded by the Corpus Christi B Corporation in FY 2023. LIST OF SUPPORTING DOCUMENTS: Agreement - SCORE Agreement - Texas A&M Internship Agreement - Del Mar College Internship Agreement - Del Mar College — PTAC Agreement - Del Mar College — CRC Agreement - Del Mar College — SBDC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College District (Del Mar), a Texas institution of higher education ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 —507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type B Guidelines"). which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and Del Mar will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; Page i of 9 WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for fifteen months from January 1, 2023, through December 31, 2023. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to $100,000.00, which must be used to fund up to$7.25 per hour the salary of up to a total of the interns during the Spring Semester of 2023, Summer Session in 2023, and the Fall Semester 2023, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $14.50 per hour, while participating in Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $14.50 per hour. c. Del Mar shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. Page 2 of 9 (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $7.25 per hour. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. Del Mar shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualfficafion. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, Del Mar agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act,which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type B Guidelines as a full-time employee, contractor, consultant, or leased employee who has a horse address in the Corpus Christi MSA. d. Del Mar agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. Page 3 of 9 a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports listed below: L number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company v. whether the intern received a job in the area. b. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has received a copy of the Act and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a ft Del Mar shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 4 of 9 9. Non-Discrimination, Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers'compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or Incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at Its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. Page 5 of 9 f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to Page 6of9 budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: Lenora Keas, Executive Vice President and Chief Operating Officer 101 Baldwin Corpus Christi, Texas 78404 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 7 of 9 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 9 APPROVED AS TO FORM: day of , 20—. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Leah Pagan Olivarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College District By: jt.�_ 4::n� Lenora Keas Executive Vice President and Chief Operating Officer Date: O- e-- THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ( 13 j ,Ibu , 20 by Lenora Keas, Executive Vice President and Chief Operating Officer for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. ;. Carolyn Joan Sorrsis ► k- �� My commission Expires Notary P blZ Nott o State of Texas 10561288 Page 9 of 9 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College District (Del Mar), a Texas institution of higher learning ("Del Mar'). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 -- 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1)50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives("Type B Guidelines"). which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every$50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises,and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 7 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. 2. Term. The term of this Agreement is for one year from January 1, 2023, through December 31, 2023. 3. Performance Requirements and Grants. Del Mar shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts Del Mar shall create or retain at least one full-time employee for the management of the Procurement Technical Assistance Center and shall provide the office space and any other materials needed to operate the Procurement Technical Assistance Center. Del Mar will provide an annual report detailing the contracts awarded,jobs created/retained through the contracts, and business expansions. The grant shall not to exceed$105,000.00.The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type B funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2 of 7 e.The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons,with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control,then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing,giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a.The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement,certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of Page 3of7 the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total Page 4 of 7 sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year,then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Executive Vice President and Chief Operating Officer 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Type B Guidelines, as amended, are incorporated into this Agreement. Page 5of7 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents,representatives,employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b.To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 APPROVED AS TO FORM: day of 20_. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Leah Pagan Olivarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College District By: d_e�� Lenora Keas Executive Vice President and Chief Operating Officer Date: YL02, 3 O, 'Ly 2 - THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on 0 a 0 e rr b,-r 30 , 20 daby Lenora Keas, Executive Vice President and Chief Operating Officer of Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Carolyn Sorrols My Commission Explrss Notary blit 116;:/2026 State of Texas I 8 Page 7 of 7 DocuSign Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND SERVICE CORPS OF RETIRED -EXECUTIVES CHATTER 221 FOR JOB TRAINING This Small Businesses Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Service Corps of Retired Executives Chapter 221, a Washington D.C. nonprofit corporation ("SCORE"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 —507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3)the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to'be administered"by the Corpus Christi-9 Gorporation Board; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas. WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the'Corporation's"Guidelines and`Criteria for'Granling'Business`Incentives("Type 13 Guid'elines'r) which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, SCORE will provide assistance to small businesses , persons, entities to begin and operate a small' business in Corpus Christi 'by mentoringand Clients; co ducl°ting workshops; and advising clients as to business plans, pro-forma statements, forms of business entity, financial implications of business decisions, and all other aspects of small business operations; WHEREAS, SCORE proposes to retain an executive assistant/coordinator to assist SCORE volunteers in administrating the assistance program; and` WHEREAS, the Board has determined that it is in the best interests of the 'citizens of Corpus Christi, Texas that business development funds be provided to SCORE, through this Agreement with SCORE, to be used by SCORE to provide assistance to small businesses. Page 1 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx DocuSign Envelope ID:OA3975C1-7D10-4CBF-MB-5F3A69A47C37 In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and SCORE agree as.fgJLpws: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from October 1,2022, through September 30, 2023. Per the guidelines, SCORE must reapply every year for the grant. 3. Performance Requirements and Grants.The Performance Requirements and Grants are listed below: • Corporation will reimburse SCORE by grant for all direct expenses related to the project. The total reimbursements may not exceed $70,000. No payments will be made before January"1`1",`202 : • SCORE will provide 1,620 hours of general and technical services to small businesses through volunteer counselors. • SCORE agrees to the following reporting and monitoring provisions,and failure to fully and timely comply with any one requirement is an act of default. • SCORE shall„provide quarterly reports on its,performance requirements.The reports must document: o Number of face to face consultations between SCORE volunteers and small business owners or prospective owners. o Number of workshops with description of workshop and number of attendees. o Number of small business owners or prospective owners who were provided o Anse lingby,email-,or-ola-tine.eeruicesz • SCORE, during normal working hours, at its Corpus Christi, Texas, facility, shall allow Corporation and its designee, the Corpus Christi Regional Economic Development Corporation ("CCREDC"), reasonable access to SCORE's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this agreement, but the tonfidentiality-of records and -information shall be maintained by-Corporation ,and CCREDC, unless the records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. this Agreement. 4. Utilization of Local Contractors and Suppliers. SCORE agrees to exercise reasonable efforts In utilizing local contractors and suppliers in the construction of the- Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business,with a goal of 50%of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses,and persons who reside in or maintain an office within a 50 mile radius of Nueces County. SCORE agrees, during the construction of the Project and for four years after Completion,to maintain written records documenting the efforts of SCORE to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. Page 2of8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx DocuSign Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 5. Utilization of Disadvantaged Business Enterprises ("DBE'). SCORE agrees to exercise reasonable efforts in utijik ng contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. SCORE agrees e to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made fordisadvantaged business enterprises which are local. SCORE agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of SCORE to comply with the DBE Requirement, and to provide an annual,report to the City Manager or designee, from which the City Manager or designee shall determine if SCORE is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager' or designee, shall be a default hereunder. For the purposes of this section, the term "local"as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. SCORE warrants and represents to Corporation the following: a. SCORE is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. SCORE has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. C. SCORE has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been time paid, and will be timely paid, during the term of this Agreement. d. SCORE has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e.The person executing this Agreement on behalf of SCORE is.duly authorized to execute this Agreement on behalf of SCORE. f. SCORE does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, SCORE is convicted of a violation under 8 U.S.C. Section 1324a(f), SCORE shall repay the payments received under this Agreement to the City,with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date SCORE has been notified of the violation, Page 3of8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF,docx DocuSign Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 9. Compliance with Law$..During the Term of this Agreement, SCORE shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non-Discrimination. SCORE covenants and agrees that SCORE will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the Provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or SCORE is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure; or by reason of circumstances'beyondits control, then the obligations of the Corporation or SCORE are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. SCORE may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approvafi of the Corporation and'pity. Any attempted- assignment without approval is void and constitutes a breach of this Agreement. 13. Indemnity. SCORE covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage- loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with SCORE activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. SCORE must, at its own expense, investiga#e. all thoseclaims and demands, .attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 14. Events of Default by SCORE. The following events constitute a default of this Agreement by SCORE: a.The Corporation or City determines that any representation or warranty on behalf of SCORE contained in this Agreement or in any financial statement, certificate, report, or opinion Page 4 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx DocuSign Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against SCORE or any attachment or other levy against the property of SCORE with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. SCORE makes an assignment for the benefit of creditors d. SCORE files a petition in bankruptcy, or is adjudicated ins.olvent or bankrupt. e. If taxes owed by SCORE become delinquent, and SCORE fails to timely and properly follow the legal procedures for protest or contest, f. SCORE changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. SCORE fails to comply with one or more terms of this Agreement. 15.Notice of Default. Should the Corporation or City determine that SCORE is in default according to the terms of this Agreement,the Corporation or City shall notify SCORE in writing of the event of default and provide 60 days from the date of the notice ("Cure Period»)for SCORE to cure the event of default. 16. Results of Uncured Default by SCORE. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred _through no fault of SCORE, as determined "by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. SCORE shall immediately repay all funds paid by Corporation to them under this Agreement. -b. SCORE shall" pay Corporation reasonable attorney 'fees and costs of courtto collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by SCORE of all sums due, the Corporation and SCORE shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement: c. Any waiver or indulgence of SCORE's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time SCORE is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the'Corporation, but`Corporation mayat anytime avail-itself of1�e rights or remedies or elect to terminate this Agreement on account of the default. 18. SCORE specifically agrees that Corporation shall only be liable to SCORE for the actual amount of the money grants to be conveyed to SCORE, and shall not be liable to SCORE for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court Page 5 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx DocuSign.Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 for any act of default by Corporation under the terms of this Agreement. Payment by Cor is strictly limited to those funds so allocated, budgeted, and orati p collected solely during on the grant'term of'this Agreement t✓orporat;ion shalluse its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties"grantamount for'that year, and Corporation shall'not' be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from SCORE to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annuat'appropriations'bythe tity'Councfl thateach"fiscal"year's funding must'be includbd`in the budget for that year; and the funding is not effective until approved by the City Council. 20. Notices. a.Any required written notices shall be sent mailed, certified mail, postage prepaid,addressed as follows: SCORE Chapter 221: SCORE 221 Chapter Chair 5350 S. Staples St. Suite 333-E Corpus'Christi,Texas 78411 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Aftn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Type B Guidelines, as amended; are incorporated into this Agreement. 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 6 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx 0locu&dn Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 23. Relationship of Parties. In performing this Agreement, both the Corporation and SCORE will actin an individual capty, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 25. Severabillty. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of.this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a `final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and SCORE. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 7 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx DocuSlbn'Envelope ID:OA3975C1-7D10-4CBF-99DB-5F3A69A47C37 APPROVED AS TO FORM: day of , 20 Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: -Leah'Pagan 10livarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Service psggf litetired Executives Chapter 221 By. �t,lUSb Rick Peluso&bebbie Fernandez SCORE VP Finance &SCORE Chapter Chair Date: 11/15/2022 THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Fernandez, as Chair of Service Corps of Retired Executive Chapter 20-_"Ay Debbie profit corporation, on behalf of the corporation. apter 221, a Washington D.C. non- profit c c�.._. (J✓tx-� ._ Notary�Publi���c State of Texas MANUEL GARCIA ORTEGA My Notary ID#6949M ^e sF:?;`.•' Expires July 15,2025 Page 8 of 8 $e5327cca902c$84BF8F47794342E385C6316773CABOFF.docx SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S CONTRACTOR RESOURCE CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College District (Del Mar), a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 —507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type B Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create a Contractor Resource Center within the City to assist companies looking for contracts with existing and potential future large industrial companies in our area; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. Page 1 of 7 2023 DMC CRC Contract.dou 2. Term. The term of this Agreement is for one year from January 1, 2023, through December 31, 2023. 3. Performance Requirements and Grants. Del Mar shall operate the Contractor Resource Center,which will provide job training by educating small businesses on the requirements of large company procurement, helping them get certified to qualify to bid on contracts, and providing them with information on where to find these contracts. Del Mar shall create or retain at least one full-time employee for the management of the Contractor Resource Center and shall provide the office space and any other materials needed to operate the Contractor Resource Center. Del Mar will provide an annual report detailing the contracts awarded, jobs created/retained through the contracts, and business expansions. The Corporation will pay to Del Mar, as a grant, an amount not to exceed $150,000 for the operation of the Contractor Resource Center. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type B funding. This signage will be provided to Del Mar by the Corporation and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive. an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 509 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. Page 2of7 2023 DMC CRC Contract docx e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 1201" day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment, Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of Page 3 of 7 2023 DMC CRC Contract.docx the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total Page 4 of 7 2023 DMC CRC Contract docx sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Executive Vice President and Chief Operating Officer 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Type B Guidelines, as amended, are incorporated into this Agreement. Page 5 of 7 2023 DMC CRC Contract.docx 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement, This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 2023 DMC CRC Contract.docx APPROVED AS TO FORM: day of 20_ Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Leah Pagan Olivarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College District By: c�1+1,�1J�,.ee ka=:� Lenora Keas Executive Vice President and Chief Operating Officer Date: . THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on J]D uga46cr , 20 .by Lenora Keas, Executive Vice President and Chief Operating Officer of Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Carolyn Jean sorreis a-'1 1 My Commission Expires Notary bli Nottary D State of Texas Ee: 10561288 Page 7 of 7 2023 DMC CRC Contract docx SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S SMALL BUSINESS DEVELOPMENT CENTER This Small Business Incentives Agreement ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College District (Del Mar), a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board: WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"). on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type B Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which will help fund the Small Business Development Center(SBDC) within the City to continue to advise and help small businesses start, grow, and create jobs and investment within the City; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date on which this Agreement is approved by City Council, whichever is later. Page 1 of 7 2023 DMC SBDC Contract docx 2. Term. The term of this Agreement is for one year from January 1, 2023, through December 31, 2023. 3. Performance Requirements and Grants. Del Mar shall operate, on a continuous basis, the SBDC to advise and help small businesses start, grow, and create jobs and investment within the City. The SBDC will operate with regular business hours, at least 40 hours per week, throughout the term of this Agreement. The grant shall be $150,000 for the one-year term. The Corporation will pay the $150,000 in January to Del Mar. Del Mar will maintain current staff levels to the best of its ability and contribute at least $150,000 to the SBDC for the term of this agreement. Del Mar will display signage that states that they are recipients of Type B funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their Center for Economic Development on Staples Street. 4. Living Wage Requirement. In order to count as a permanent full-time job for purposes of annual reporting, the job should provide a "living wage"for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 5. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its full-time employees during the term of the Agreement. 6. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Del Mar is duly authorized to execute this Agreement on behalf of Del Mar. Page 2 of 7 2023 DMC SBDC Contract.dou f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under 8 U.S.C. Section 1324a(f), Del Mar shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 1201h day after the date Del Mar has been notified of the violation. 7. Compliance with Laws. During the Term of this Agreement, Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non-Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Del Mar is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control,then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Del Mar fails to comply with one or more terms of this Agreement. 12. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. Page 3 of 7 2023 DMC SBDC Contract.dom 13. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. 14. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 15. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall Page 4 of 7 2023 DMC SBDC Contract.dou receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties'grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 16. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Attn: Lenora Keas Executive Vice President and Chief Operating Officer 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 18. Incorporation of other documents. The Type B Guidelines, as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. Page 5 of 7 2023 DMC SBDC Contract.docx 20. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 25. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. Page 6 of 7 2023 DMC SBDC Contract.dou APPROVED AS TO FORM: day of . 2021. Aimee Alcorn-Reed Assistant City Attorney For City Attorney Corpus Christi B Corporation By: Leah Pagan Olivarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College District By: _ Lenora Keas Executive Vice President and Chief Operating Officer Date: THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me onv,�e�,,�of. , 20 , by Lenora Keas, Executive Vice President and Chief Operating Officer of, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. � - a 08 � Carolyn Jean Sorrels ,, � 4 Notary P lic MY GomJ81Z426 Expires State of Texas * Not to 103B128e Page 7 of 7 2023 DMC SBDC Contract docx SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND TEXAS A&M UNIVERSITY—CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Texas A&M University — Corpus Christi, a member of the Texas A&M University System, an agency of the State of Texas, a Texas institution of higher education ("TAMU-CC"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes(Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 —507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ('Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives("Type B Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and TAMU-CC will match the business contribution up to $7.25 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retentions, economic development, and job creation; Page 1 of 10 WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job"return on investment"); WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement shall be for a period of .January 1, 2023 through December 31, 2023. 3. Grant. a. The Corporation will grant TAMU-CC an incentive of up to $100,000.00,which must be used to fund up to$7.25 per hour the salary of up to a total of the interns during the Spring Semester of 2023, Summer Session in 2023, and the Fail Semester 2023, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $14.50 per hour, while participating in TAMU-CC's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon TAMU-CC's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU-CC to the small business employers during the prior month. 4. TAMU-CCs Duties and Responsibilities. a. TAMU-CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU-CC's Business Employer Intern Program. b. TAMU-CC shall create and maintain not less than two parttime intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $14.50 per hour. c. TAMU-CC shall place part-time interns with businesses in Corpus Christi. (1) Since the primary goal of the TAMU-CC's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. Page 2 of 10 (2)Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. TAMU-CC shall ensure that the business employer of each intern pays the student intern the minimum wage, and TAMU-CC shall match the small business employer's payments to the interns up to $7.25 per hour. e. TAMU-CC shall try to place the interns for 19 hours per week and 12 weeks per semester or summer session. f. TAMU-CC shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5_ Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, TAMU-CC agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type B Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi Metropolitan Statistical Area ("MSA"). d. TAMU-CC agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. TAMU-CC agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. TAMU-CC shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. Page 3 of 10 6. Reports and Monitoring. a. TAMU-CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMUCC employer Quarterly Reports, or employee rosters and other reports fisted below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company V. whether the intern received a job in the area. b. TAMU-CC, during normal working hours and the term of this Agreement shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to TAMU-CC's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU-CC warrants and represents to Corporation the following: a. TAMU-CC is a Texas institution of higher education duly organized,validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TAMU-CC has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, TAMU-CC is convicted of a violation under 8 U.S.C. Section 1324a(f),TAMU-CC shall repay the payments at the rate and according to the terms as specified by City Ordinance, as amended, not later than the 1201h day after the date TAMU-CC has been notified of the violation. Page 4 of 10 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non-Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or TAM U-CC are prevented,wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU-CC are temporarily suspended during continuation of the force majeure. if either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by Texas State law TAMU-CC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees,and agents("Indemnitees")against all liability, damage,loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU-CC activities conducted under or incidental to this Agreement, including any injury,loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TAMU-CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 of 10 e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU- CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. Corporation may seek reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages permitted by law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. TAMU-CC acknowledges specifically agrees that Corporation shall only be liable to TAMU- CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be Page 6 of 10 liable to TAMU-CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. This Section will not apply to damages that cannot be excluded by law(in which event the liability shall be limited to the fullest extent permitted). Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event,Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council, that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A&M University—Corpus Christi Attn: Leslie Mills, Executive Director Career& Professional Development Center 6300 Ocean Drive, Unit 5795 Corpus Christi, Texas 78412 With an electronic copy to: Texas A&M University—Corpus Christi Attn: Contracts Administration Email: contracts tamucc.edu Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b.A copy of all.notices and correspondence must be sent the City at the following address: Page 7 of 10 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi B Corporation Guidelines and Criteria for Granting Business incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26, Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival of terms of Agreement and obligations of parties. The terms of this Agreement shall survive the termination of this Agreement. Page 8 of 10 28. Conflict of Interest. By executing this Agreement, Corporation and each person signing on behalf of Corporation certifies, and in the case of a sole proprietorship, partnership or corporation, each party thereto certifies as to its own organization, that to the best of their knowledge and belief, no member of The Texas A&M University System or The Texas A&M University System Board of Regents, nor any employee, or person, whose salary is payable in whole or in part by The Texas A&M University System or its members, has direct or indirect financial interest in the award of this Agreement, or in the services to which this Agreement relates, or in any of the profits, real or potential, thereof. [Signature Page Follows] Page 9 of 10 APPROVED AS TO FORM: day of ,20 Assistant City Attorney For City Attorney Corpus Christi B Corporation I By: Leah Pagan Olivarri 3 President 3 i Date: 1 Attest: 3 By: Rebecca Huerta Assistant Secretary Texas A&M University_Corpus Christi By: i�darse Barrera Vice President for Institutional Advancement Cate: 1218M TETE STATE OF TEXAS COUNTY OF NUECES fl ; This instrument was acknowledged before me on C - r b 202.�, by Jaime Nodarse Barrera for Texas A&M University--Corpus Christi, a political subdivision of the State of Texas, on behalf of the university. Merost MwDonWd Notary # (Notary nature) MY co MI On o Notary Public Stag of Texas °P oex=28 My commission expires: i 0 203 L Page 10 of 10 1 I so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: November 22, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3@cctexas.com 361-826-3227 Interlocal agreement with Corpus Christi Downtown Management District for Dockless Vehicle Cleanup Services CAPTION: Resolution authorizing execution of an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for dockless vehicle cleanup services in the annual amount not to exceed $41,250.00, with funding available in the Dockless Vehicle Fund. SUMMARY: This resolution authorizes an Interlocal Agreement with the Downtown Management District (DMD) to provide dockless vehicle cleanup services through the established Clean Team in the downtown area from Cole Park to the SEA District. BACKGROUND AND FINDINGS: Since January 2019, dockless vehicles have provided riders greater access to downtown Corpus Christi. Although dockless vehicles have become both a convenient way to travel, they have also become a visual clutter and safety hazard with discarded vehicles scattered across the downtown area, including sidewalks, parking lots, parks, and streets. DMD has a customer-friendly Clean Team staff that regularly makes the rounds throughout the City's Downtown Marina Arts District to clean and maintain the area and respond to issues in the greater downtown area as needed. With the implementation of this agreement, the DMD Clean Team will reduce the trend of dockless vehicle clutter by providing a scooter recovery service to gather, stand, and organize the scooters from Cole Park to the SEA District, eliminating the visual clutter and safety hazard of discarded scooters scattered across the district. DMD Clean Team will dedicate a minimum of 20 hours per week to dedicated scooter cleanup, in addition to the efforts already made in the course of daily cleaning and maintenance of the Downtown Marina Arts District. Specifically, they will make at least three sweeps per day seven days a week of the areas along the seawall from Cole Park to the American Bank Center, ensuring the scooters are in designated locations and not creating physical and visual clutter. In addition, the team will provide the following services across the Marina Arts District: • Gather and stand all fallen and scattered scooters • Organize scooters into designated collection areas • Photograph and document scooters placed illegally within the district • Work with scooter providers to remove and replace scooters with apparent defects and broken parts • Remove discarded scooters from roadways, driveways, lawns, sidewalk pathways, and other areas within the district • Collect statistics on how many scooters were collected by predetermined timeframes The team will identify problem areas and times through statistical analysis and provide additional resources during these peak areas and timeframes. The efforts will be managed by the DMD, and specific reporting will be included with the existing reporting of cleaning and beautification activities performed and tracked by the Clean Team. ALTERNATIVES: City Council could choose not to approve the interlocal agreement with Corpus Christi DMD for the scooter clean up services. FISCAL IMPACT: The financial impact is an amount not to exceed $41,250.00 to be funded with the Dockless Vehicle Fund in FY 2023. Funding Detail: Fund: 1047 Dockless Vehicle Organization/Activity: 10496 Dockless Vehicle Admin & Enfrc Mission Element: 155 Enforce Traffic Laws Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approving the Interlocal agreement with Corpus Christi Downtown Management District for Dockless Vehicle Cleanup Services. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Resolution Resolution authorizing execution of an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District for dockless vehicle cleanup services in the annual amount of $41,250.00, with funding available in the Dockless Vehicle Fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with Corpus Christi Downtown Management District for dockless vehicle cleanup services in the annual amount of $41 ,250.00. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Marinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI FOR DOCKLESS VEHICLE CLEANUP SERVICES This Interlocal Cooperation Agreement("Agreement")is made between the Corpus Christi Downtown Management District ("DMD"), created under Chapter 375 of the Texas Local Government Code, and the City of Corpus Christi, Texas ("City") a municipal corporation, and home-rule municipality for dockless vehicle cleanup services within the Downtown. WHEREAS, the DMD has a Clean Team staff that regularly makes the rounds throughout the City's Downtown Marina Arts District to clean and maintain the area and responds to issues in the greater Downtown area as needed; WHEREAS, the City has funding available to assist with the management of its dockless vehicle program, including cleaning up vehicles that are left or parked in violation of the approved dockless vehicle license; WHEREAS,the DMD,through its Clean Team, wishes to provide the cleanup services to the City by removing or moving the dockless services to better serve the needs of the DMD and the citizens of the City;and WHEREAS, the DMD and City desire to enter into an Agreement laying out each Party's rights and obligations related to dockless vehicle cleanup services(the "Project"); BE IT AGREED BY THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI,TEXAS: SECTION I. OBLIGATIONS OF CITY AND DMD For and in consideration of the covenants and agreements of the parties set forth herein, City and DMD agree to participate in the funding of costs related to the Project. A. City Participation The City will provide annual funding in the amount not to exceed $41,250.00 on a reimbursement basis for the costs of the Project. The funds will be provided in 12 equal payments based off contract price within 30 days following the receipt of a monthly invoice from the DMD. B. DMD Participation The DMD will provide staff for additional sweeps of the Downtown area to perform the Project in accordance with the Scope of Work all along the Seawall from Cole Park to SEA District,which is attached hereto as Exhibit A and incorporated by reference as if laid out herein in its entirety. DMD will provide benchmarks with reconciliation in month twelve. SECTION 2. TERM OF AGREEMENT This Agreement is for an initial term of one year and will be automatically renewed for subsequent one-year terms unless written notice by either party is given 60 days prior to the expiration of the initial term or any extension. This Agreement shall automatically terminate if the DMD is dissolved or if the tax levy is not renewed. SECTION 3. DEFAULT Notwithstanding any other term or condition in this Agreement, the City shall have the right to immediately terminate this Agreement if DMD defaults in their performance of services in accordance with the Scope of Work. SECTION 4. INDEMNIFICATION The DMD, its officers, agents, contractors, and employees ("Indemnitor') shall indemnify and hold the City of Corpus Christi, its officers, agents, employees, and representatives ("Indemnitees') harmless and defend the Indemnitees from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries (including death and Workers'Compensation claims),property loss or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorney's fees, and expert witness fees which arise or are claimed to arise out of or in connection with this Agreement or the performance of this Agreement, regardless of whether the injuries, death, or damages, are caused or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Indemnitor must, at its own expense, investigate all claims and demands, attend to the settlement or other disposition of such claims, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, DMD UNDER ANY CIRCUMSTANCES SECTION 5. MISCELLANEOUS (a) Payments. Any payment made by either the City or the DMD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the DMD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. (b) Contract Administrator. The City's Contract Administrator for this Project is the City's Director of Finance and Procurement,or designee. (c) Notices. Notices underthis Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effective when delivered or when deposited in the U.S. Mail, post pre-paid,certified mail, return receipt requested. DMD: Executive Director Corpus Christi Downtown Management District 223 N Chaparral Street, Ste A Corpus Christi,Texas 78401 CITY: City of Corpus Christi Attn: Finance Director P.O. Box 9277 Corpus Christi,Texas 78469-9277 (d) Performance. This Agreement shall be performed in Nueces County, Texas and shall be interpreted according to the laws of the State of Texas. (e) Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction,the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. (f) Non-waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (g) Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of the other party. - 3 - (h) Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. (i) Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body,as required by the Act. 0) No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers,employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and DMD have made and executed this Agreement in multiple copies,each of which is an original. CORPUS CHRISTI DOWNTOWN CITY OF CORPUS CHRISTI MANAGEMENT DISTRICT Alyss arrera Mason �--(Date)m Constance Sanchez (Date) Executive Director E�1�� Chief Financial Officer ATTEST: Rebecca Huerta, City Secretary (Date) APPROVED AS TO FORM: ............__ Assistant City Attorney (Date) 4 - Exhibit A Scooter Ma:ntenance Program 60 Corpus Christi Downtown Management District "` December 2021 downtown corpus christi Corpus Christi Downtown Management District Scooters have become both a convenient way to travel in our US cities and an eyesore of discarded vehicles scattered across our sidewalks,parking lots,parks,and streets.We propose reducing this trend by providing scooter recovery service to gather,stand,and organize the scooters across the Marina Arts Districts,eliminating the confusing clutter across the district. We will provide the following service across the Corpus Christi Downtown Management District, • Gather and stand all fallen and scattered scooters. • Organize scooters into designated collection areas. • Photograph and document scooters placed illegally within the district. • Work with scooter providers to remove and replace scooters with obvious defects and broken parts. • Remove discarded scooters from roadways,driveways,lawns,sidewalk pathways,and other areas within the district. While we will dedicate one ambassadors to this task for 20 hours per week,we w'll continue to employ our entire team to th s task as we clean the district daily.We wil collect statistics as to how many scooters were collected by predetermined time frames)weekly,monthly,annually,etc),by day of week,or by time of day. DDAY R¢1 .44 IONAM 11 ¢, 001 11 ,¢ sr•m•ritdaW.a t e t n 70 to 91 to 59 u It • 1 • r . Our use of the hours will be to target high use times,high use locations,and most egregious dumping locations.With cru+ w.. our stat collection we can target trouble spots and plan r!q our deployment with specific actions to achieve results. u —+ VU- c past 64nk au116inp The map to the right is a portion of our stat collection map showing the location of scooter relocations performed in November.While this is a simple cut out from our larger map,we can detail exact locations,days,and times of the service to understand problems and how to correct them. u 0,0- 4— We will target our collection efforts during our normal operating hours,engaging our entre team.However,we will also dedicate specific hours(20 per week)to tackle our largest nuisance areas. - 5 - DMD Proposal for Scooter Abatement Services U-tober 2022 Below is an overview of the proposed costing for the Corpus Christi Downtown Management District and our Clean Team to provide enhanced scooter abatement from Cole Park,slongthe entire Seawall,and through the Downtown Marina Arts District. k-,,et r:.deet and pricing Hours Schedule: ==I labor $ 035,621.04 Cleanin Ambassadors 240,00 - Scooter Abatement 42.00 Benefits $ 4,293.95.. -r ..._ Team Leader ' 40.DD Labor Related(8G,Recruitipj&etc �$ •,__ W..:... Uniforms $ 585-00 Equipment Equipment RelatedLNel,Maintenan ss _ Administrative Support pperationsManaaer A44.00 B89 Profit $ 7S0.00 Weekly Total 5Annual �18Subtotal $ 41,249.99 F1 E E Aa waren Cleaning Ambanadan Zone A Manual Cleaning Gam•230 pm 9 a • 8 • 40 M Zones Mechanical Cleaning Gam-2:30 pm a b • 7 i i 40 Zone a Manuel Cleaning 8:30am-5pm a 7 a N B a 40 Zen.[ Manual Cteaning 8:30am-5pm S i a a a • 40 AN ZonesManual Cleaning 800am•Spm ■ ' • a • B 40 AN Zones I Manual Cleaning 8:30am-spm a Y ! • B 40 Aa Scooter Abatement gam-12pm 7 l # 3 3 8 3 21 Rooter Abatement fpm Spm { # � 3 # 3 3 3 1 21 Team Leader AdWorking Manager 6am-2-.30 pm 8 a : B a B 40 Operatic.,Manager A7 —werkinB Manager Sam-sp. B 8 8 8 8 JO 22 62 62 S4 70 R 30 se 0 AGENDA MEMORANDUM v First Reading Ordinance for the City Council Meeting of December 20, 2022 NOORPOHPI E� Second Reading Ordinance for the City Council Meeting of January 10, 2022 1852 DATE: November 30, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO-Director of Finance and Procurement HeatherH3Ca)-cctexas.com 361-826-3227 Acceptance of two Public Assistance Grants for the 2021 Winter Storm Uri in the amount of up to $249,869.40 with a local match of $26,302.04, totaling $276,171 .44 for the contract period February 19, 2021 , through August 19,2021 . CAPTION: Ordinance accepting two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the amount of$249,869.40 (Category B —emergency measures and Category Z— management costs), with a local match of$26,302.04, for a total of $276,171.44. SUMMARY: This ordinance accepts two Federal Emergency Management Agency (FEMA) - Public Assistance (PA) reimbursement grants in the total amount of up to $276,171.44 to assist with the 2021 Winter Storm Uri costs related to emergency measures. BACKGROUND AND FINDINGS: In February 2021, the State of Texas suffered a major power crisis when three severe winter storms swept through the United States. The storms triggered the worst energy infrastructure failure in Texas history, leading to shortages of water, food, and heat. On February 19, 2021, a major disaster declaration was issued for the State of Texas, making federal funding available. City staffed worked with FEMA/TDEM officials from the date of the disaster declaration until April 2022 to secure FEMA assistance for this declared disaster. The assistance that has been awarded will be used to reimburse the City for cost incurred during the disaster, such as for overtime, equipment usage, contracted services for security, and meals for the EOC team. ALTERNATIVES: The alternative is to not accept the grant funding to reimburse for expenses that have already been incurred by the City of Corpus Christi. FISCAL IMPACT: The fiscal impact for FY2022 is accepting funds for General Fund, Wastewater Fund, Storm Water Fund, Streets Fund, and Facilities Maintenance Fund. Funding Detail: Fund: General Fund (Fund 1020) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $242,852.97 Fund: Wastewater Fund (Fund 4200) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $10,436.58 Fund: Storm Water Fund (Fund 4300) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $7,718.96 Fund: Streets Fund (Fund 1041) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $8,358.67 Fund: Facilities Maintenance Fund (Fund 5115) Organ ization/Activity: 70007 Mission Element: 888 Account: 305700 Amount: $6,804.26 RECOMMENDATION: Staff recommends accepting the grant. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting two Public Assistance Grants for the 2021 Winter Storm Uri in the amount of $249,869.40, with a local match of $26,302.04, totaling $276,171.44 for the contract period February 19, 2021, through August 19, 2021. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept two Public Assistance Grants, resulting from the 2021 Winter Storm Uri event, from the Federal Emergency Management Agency (FEMA) / Texas Division of Emergency Management (TDEM) in the amount of $249,869.40, with a local match of $26,302.04, totaling $276,171 .44 for the contract period February 19, 2021 , through August 19, 2021, to reimburse expenses in the following specified funds: General, Wastewater, Storm Water, Streets, and Facilities Maintenance. 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 Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 61'i T D E ��'yct'ux To i T xm A&M ULA WERSITl Y SYMM April 26, 2022 Heather Calderon Finance Grants Manager Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4586, Texas Severe Winter Storms Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4586PATXP0000001 FEMA Project Worksheet 537 Project Title: 669283 - Category Z Project Management Costs Period of Performance 2/19/2021 to 2/19/2025 An award to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (IDEM). PW 537 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 4/15/2022 $13,151.03 100.00% $13,151.03 0.00% $0.00 Totals $13,151.03 $13,151.03 $0.00 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 61'i T D E ��'yct'ux To i T xm A&M ULA WERSITl Y SYMM June 27, 2022 Corpus Christi DUNS Number 069457786 FIPS Number 355-17000-00 Subject: Public Assistance Grant, 4586, Texas Severe Winter Storms Catalog of Federal Domestic Assistance (CFDA) number 97.036 Federal Award Identification Number (FAIN), 4586PATXP0000001 FEMA Project Worksheet 476 Project Title: 183406 - Corpus Christi - Winter Weather Event 2021 Period of Performance 2/19/2021 to An amendment to your Public Assistance subgrant has been completed by the Texas Division of Emergency Management (TDEM). PW 476 Version/ Total Subgrant Federal Federal Cost Local Cost Local Cost Amendment Date Amount Cost Share Share Amount Share Share Amount Percentage Percentage 0 4/1/2022 $263,020.41 75.00% $197,265.31 25.00% $65,755.10 1 5/19/2022 $0.00 15.00% $39,453.06 85.00% ($39,453.06) Totals $263,020.41 $236,718.37 $26,302.04 This award is not for Research or Development as defined in 2 CFR 200.87. No indirect costs are available with this award, unless authorized by Section 324 of the Stafford Act. Direct Administrative Costs are allowable as outlined in the project scope. A copy of the project worksheet can be viewed at the version tab in GMS for this project, grants.tdem.texas.gov and is also attached for your convenience. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 Your project worksheet may have environmental and historical considerations and conditions that must be met. A copy of the Record of the Environment Consideration (REC) can be viewed at the version tab in GMS for this project as well and is also attached. The terms and conditions remain in effect as outlined in the original Grant Terms and Conditions, and any subsequent State amendments. Pursuant to 44 CFR §206.206, Appeals, you may appeal this determination within 60 days of receipt of this notification. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM PA Support Affiliate within the allotted time. If you elect to appeal, the appeal must: 1) Contain documented justification supporting your position 2) Specify the monetary figure in dispute and 3) Cite the provisions in federal law, regulation or policy with which you believe the initial action was inconsistent. If you have any questions, please contact Cory McCabe at (512) 499-1404 or email at cory.mccabe@cohnreznick.com. 1033 La Posada Dr Ste 300 Austin Texas 78752 24 Hours: 512-424-2208 se X111 a.� H v AGENDA MEMORANDUM NCOgpOPPt EO First Reading Ordinance for the City Council Meeting December 20, 2022 1852 Second Reading Ordinance for the City Council Meeting January 24, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Finance— Procurement JoshC2a-cctexas.com (361) 826-3169 Landfill Gas and Lease Agreement CAPTION: Ordinance authorizing a 30-year ground lease, with two five-year options to extend, with Corpus Christi Renewables, LLC, for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment: and providing for publication. SUMMARY: This Ordinance authorizes a 30-year ground lease ("Lease"), with two five-year options to extend, with Corpus Christi Renewables, LLC ("Lessee"), of Midland for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment, as stated in the Lease. BACKGROUND AND FINDINGS: Landfill gas (LFG) contains methane, a valuable commodity, and the City is required to manage the gas to stay in compliance with EPA air regulations. Currently, LFG is flared for destruction and the process is costly with no economic benefit. Solid Waste proposes to lease property to Corpus Christi Renewables, LLC to build and operate a Landfill Gas to Energy Project. This project will satisfy EPA requirements and generate revenue to the City of Corpus Christi. As of August 2022, there are 538 LFG to energy projects in the United States. Landfill gas is a natural byproduct of decomposition of organic material in landfills. LFG is composed of approximately 50% methane, with the balance being carbon dioxide and a small amount of non-methane organic compounds. Methane is potent greenhouse gas the EPA requires to be managed. One option is conversion of LFG into Renewable Natural Gas (RNG). LFG can be upgraded to RNG through treatment processes by decreasing its nonmethane content and, conversely, increasing its methane percentage. The RNG can be used in place of fossil natural gas, as pipeline-quality gas, and injected into a natural gas distribution system to be used elsewhere. This process will generate revenue and cost savings for the City. Through this agreement, the city receives a royalty payment for the sale of gas at market prices and the sale of environmental credits to companies required to offset their carbon footprint. The lease price of$10,000 month for the property guarantees a minimum revenue should the company fail to produce and sell methane. In addition, Corpus Christi Renewables, LLC will take over capital costs for wellfield expansion and operating costs for system maintenance. The wellfield is expanded approximately every five years at costs ranging from $400,000 to $1,000,000 depending on the size of the expansion. PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Proposal (RFP 3940) process to obtain proposals for the Landfill Gas and Lease Agreement. Twelve firms submitted for the Landfill Gas and Lease Agreement. Corpus Christi Renewables, LLC, Option 3, scored the highest and was selected for the landfill gas and lease Agreement. The selection committee was comprised of representatives from Solid Waste, Gas Operations, Public Works, and Engineering Services. The City Manager's Office was on the panel as a non-scoring member. The final evaluation including royalty payment offer to the City qualified Corpus Christi Renewables, LLC, as the highest ranked firm based on three factors: 1) firm's experience 2) team experience and identification, and 3) understanding of project scope. Corpus Christi Renewables, LLC, provided qualifying presentations offering more than twenty (20) years' experience developing, fabricating, installing, and operating High-BTU LFG facilities. Corpus Christi Renewables, LLC has developed ten (10) High-BTU Landfill projects, including the operation of the LFG collections system in which seven (7) of these projects were developed in Texas. ALTERNATIVES: Do nothing and leave as is, this will require the city to make periodic capital improvements and maintain costs associated with operating system. LFG to Electricity and "medium BTU" projects were also proposed but were not competitive with LFG to RNG projects. This is due to the short distance to multiple pipeline companies that cross the current property. FISCAL IMPACT: No cost to city. Lease and project will be a revenue generator to the city for the life of the agreement. FUNDING DETAIL: Fund: 1020 Organ ization/Activity: 12506 Mission Element: 033 Project # (CIP Only): Account: 343500 RECOMMENDATION: Staff recommends approval of this Ordinance authorizing a 30-year ground lease with Corpus Christi Renewables, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Ordinance Evaluation Matrix Presentation LANDFILL GAS AND LEASE AGREEMENT THIS LANDFILL GAS AND LEASE AGREEMENT("Agreement")is between the City of Corpus Christi, a Texas home-rule municipal corporation ("Landfill Owner"), and Corpus Christi Renewables,LLC,a Texas limited liability company("CCR")(collectively,the"Parties"). RECITALS A. WHEREAS,the Landfill Owner owns and operates the Landfill(as defined herein). B. WHEREAS,the Landfill Owner owns and operates a landfill gas collection and control system (the "GCCS"as defined herein)at the Landfill through which the Landfill Owner collects and manages Landfill Gas(as defined herein). C. WHEREAS,CCR designs and operates Landfill Gas processing facilities,converting Landfill Gas to High-BTU Gas(defined herein). D. WHEREAS, CCR desires to lease land at the Landfill from Landfill Owner to construct and operate facilities at the Landfill to process Landfill Gas,creating High-BTU Gas for sale. E. WHEREAS, the Landfill Owner desires to have CCR lease land to construct and operate facilities at the Landfill, creating High-BTU Gas, and to receive a royalty payment from the sale of High-BTU Gas by CCR. NOW,THEREFORE,for and in consideration of the premises and mutual covenants herein, the Parties hereto agree as follows: ARTICLE I: DEFINITIONS As used herein,unless the context otherwise requires,the following terms shall have the following meanings: 1.1. "Affiliate" means, with respect to any Person, any other Person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with such Person. "Control" for purposes of this definition includes, without limitation,the ability to vote fifty percent(50%)or more of the voting equity of a Person. 1.2. "Blower-Flare Facility"means all piping,equipment and appurtenances per Exhibit 1,which exhibit is incorporated fully herein. 1.3. "BTU" means British Thermal Unit; the amount of heat required to raise the temperature of one avoirdupois pound of pure water from 60 degrees Fahrenheit to 61 degrees Fahrenheit. 1.4. "CCR's Facility" or "CCR's Facilities" means all facilities installed by CCR to (i) enable CCR to interconnect with the GCCS at the Connection Point,(ii)accept delivery of Landfill Gas at the Connection Point; and (iii)treat, process and/or manage Landfill Gas for the principal purpose of producing High-BTU Gas. Page 1 of 44 1.5. "CCR's Permit" or"CCR's Permits" means any permits required for construction, installation,or operation of CCR Facilities and its without limitation,with Environmental Laws,including but not limited to------describe specific permits...) Commented[EHl]:For CCR. 1.6. "Commercial Operations" means the operation of CCR's Facility on a commercial and continuing basis on and after the Commercial Operations Date. 1.7. "Commercial Operations Date" means the date CCR's Facility becomes commercially operational. 1.8. "Connection Point" means, per Exhibit 1, the point of interconnection between the Landfill Owner's GCCS and CCR's Facility. 1.9. "Effective Date" means the date on which this Agreement becomes effective, which is the last date of execution of the Parties. 1.10. "Environmental Attributes" means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the extraction, collection and recovery of Landfill Gas including the generation of energy, or its displacement of conventional energy generation. By way of example, Environmental Attributes include, but are not limited to: (1) any avoided emissions of pollutants to the air, soil or water such as sulfur oxides (SOX), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (2) any avoided emissions of carbon dioxide (CO2), methane (CH4) and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change to contribute to the actual or potential threat of altering the Earth's climate by trapping heat in the atmosphere;(3)the reporting rights to these avoided emissions,such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law,if applicable,and to a federal or state agency or any other party at the Green Tag purchaser's discretion; (4) any Renewable Identification Numbers(RINs) associated with the EPA's Renewable Fuels Standard program;and (5) LCFS credits, carbon credits, or any other or future credits associated with landfill gas. Environmental Attributes do not include (i) production tax credits associated with the construction or operation of CCR's Facilities,or any other associated contract or right,and other financial incentives in the form of credits,reductions,or allowances associated with CCR's Facilities or the Landfill that are applicable to a state or federal income taxation obligation, or(ii) emission reduction credits encumbered or used by CCR's Facilities for compliance with local,state,or federal operating and/or air quality permits. 1.11. "Environmental Laws"means any applicable federal,state,or local governmental law, statute, rule, regulation, order, consent decree, decree,judgment, permit, license, covenant, deed restriction, ordinance or other requirement or standard relating to pollution or the regulation or protection of health, safety, natural resources, or the environment, now existing or hereafter in effect, including, without limitation, those Page 2 of 44 relating to releases,discharges,emissions,injections,leachings,or disposals of Hazardous Substances or pollution into air,water,land or groundwater,to the withdrawal or use of groundwater,or to the use, handling,treatment, removal,storage,disposal, processing, distribution,transport,or management of Hazardous Substances."Environmental Laws" includes,but is not limited to,the Clean Air Act;the federal Water Pollution Control Act; the Safe Drinking Water Act; the Toxic Substances Control Act; the Comprehensive Environmental Response,Compensation and Liability Act;the Resource Conservation and Recovery Act; the Occupational Safety and Health Act; the Hazardous Materials Transportation Act;the Oil Pollution Act of 1990; and any similar federal, state or local statutes and regulations. 1.12. "Flare Meter" means the meter which measures the flow of LFG to the flare. In the event additional flares are installed, the Flare Meter shall mean the meter or combination of meters that measure(s)the flow of LFG to all the flares. 1.13. "Force Majeure" means acts of God; severe winds; hurricanes;tornadoes; fires; epidemics; landslides;earthquakes;floods;other natural catastrophes;strikes;lock-outs or other industrial disturbances;extended closures of banks and/or financial institutions; acts of public enemies;insurrections; military action;war,whether or not it is declared; sabotage;riots;civil disturbances;explosions;or any other cause or event,not reasonably within the control of the Party claiming Force Majeure(other than the financial inability of such Party), which precludes that Party from carrying out, in whole or in part, its obligations under this Agreement. 1.14. Intentionally deleted. 1.15. Gathering System Operations Date means the date that CCR assumes its responsibilities relating to the GCCS and Blower-Flare Facility, as detailed in Section 6.1, to be no later than six(6)months after the Effective Date. 1.16. "GCCS" means the Gas Collection and Control System and is comprised of the system, upstream of the Connection Point, of wells and piping that collects or assists in the collection and destruction of Landfill Gas from the Landfill including, but not limited to,extraction wells,horizontal wells,lateral and header piping,valves,sumps,wellheads, air supply piping,liquid force-main piping,pumps,and other appurtenances,blowers and motors, flares, air compressors,flow meters,flare facility controls, and any monitoring and recording device,the Blower-Flare Facility,and the Meters. Future expansions of the GCCS shall be considered part of the GCCS,but the GCCS shall not include any equipment installed downstream of the Connection Point. 1.17 "Good Engineering Practices" means any of the practices, methods and acts that comply with manufacturer's specifications and that, in the exercise of reasonable judgment by an independent engineering professional in light of the facts known,or that in the exercise of due diligence,should have been known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with reliability, safety, environmental protection, expedition, project economics and applicable laws and regulations for similar facilities in the State of Texas. "Good Page 3 of 44 Engineering Practices" is not intended to be limited to the consideration of any one practice,method or act to the exclusion of all others,but rather is intended to require the consideration of a spectrum of possible practices, methods or acts that will yield the desired and cost-effective result. 1.18 "Gross Revenues" means Landfill Gas sources of income including, without limitation,realized revenues received by CCR,from the sale of High-BTU Gas, related by- products,and the value of any Environmental Attributes,less any unaffiliated,third-party marketing costs. 1.19 "Hazardous Substances" means any substance defined as a "Hazardous Substance" or"Hazardous Waste" in any Environmental Laws, and shall further include polychlorinated biphenyls or substances containing polychlorinated biphenyls, asbestos or materials containing asbestos, urea formaldehyde foam insulation, petroleum or petroleum products, flammable or explosive substances, radon gas, and any other wastes, pollutant, contaminant, material, chemical, gas or other substance that could subject any Person to include the Landfill Owner and/or CCR to liability for costs of clean- up, removal, response or remediation under any Environmental Laws or the exposure to which is prohibited,limited or regulated under any Environmental Laws. 1.20 "High-BTU Gas"means Landfill Gas,whether processed or not,that is sold by CCR and includes any related by-products. 1.21 "Initial Term"has the meaning given that term in Article 7.1.of this Agreement. 1.22 "Landfill"means the Landfill Owner's solid waste disposal facility located at 2397 CR 20,Robstown,TX 78380,and subject to the Landfill Owner's Permits. 1.23 "Landfill Gas" and "LFG" mean methane, carbon dioxide, and other gases produced by the Landfill,excluding Non-Qualifying Gas. 1.24 "Landfill Owner's Air Permit" means permit number 2976 issued by the TCEQ,as it may be amended from time to time. 1.25 "Landfill Owner's Solid Waste Permit"means permit number MSW 2269 issued by the TCEQ,as it may be amended from time to time. 1.26 "Landfill Owner's Permits"means Landfill Owner's Air Permit and Landfill Owner's Solid Waste Permit. 1.27 "LCFS"means low carbon fuel standard. 1.28 "Losses" means claims, losses, liability, damages, penalties, fines, costs, and expenses, including,without limitation, reasonable attorneys' fees, expert witness fees, litigation expenses and court and other costs,whether taxable or not. 1.29 "Meters" means, collectively,the methane analyzer and flow meter installed by CCR to measure the quality and quantity of LFG delivered to the Blower-Flare Facility Page 4 of 44 and/or CCR's Facility, as shown on Exhibit 1, and the methane analyzer and flow meter installed by CCR to measure the quality and quantity of LFG delivered to the Sales Interconnection Point. 1.30 "MMBTU"means one million BTUs. 1.31 "Non-Qualifying Gas"means landfill gas or any gas produced from Non-Qualifying Gas Wells. 1.32 "Non-Qualifying Gas Wells" means gas wells at the Landfill that the Parties mutually agree will not be included in the GCCS. 1.33 "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision,agency,or instrumentality,public corporation,any other legal or commercial entity,or a particular series of a for-profit entity. 1.34 "Sales Interconnection Point"means the point at which custody of High-BTU Gas produced from CCR's Facility is transferred to a transportation pipeline. 1.35 "Site"means the real property premises described in Exhibit 2 to this Agreement, which exhibit is attached and the content is incorporated by reference as if fully set out here in its entirety. 1.36 "TCEQ"means the Texas Commission on Environmental Quality. 1.37 "Test Period"has the meaning given that term in Section 7.3.3.5. 1.38 "Unused LFG"means LFG not sold by CCR. 1.39 "Waste Gas"means gas by-products from the treatment of LFG not sold by CCR. ARTICLE II: FACILITIES 2.1. Landfill Owner's Facilities. 2.1.1. The Landfill Owner has the responsibility to manage the Landfill in compliance with certain Environmental Laws and the Landfill Owner's Permits. 2.1.2. The Landfill Owner shall retain ownership of the GCCS and Blower-Flare Facility. 2.1.3. Intentionally deleted. 2.1.4. The Landfill Owner, as owner of the Blower-Flare Facility,shall pay for(i) all utilities necessary to run the Blower-Flare Facility, and (ii) for any cost to maintain, repair, replace, or expand the Blower-Flare Facility for the term of this Agreement, per Section 6.1.1. and 6.2.1.1.herein. Page 5 of 44 2.1.5. The Landfill Owner shall be solely responsible for insuring the GCCS and the Blower-Flare Facility. 2.1.6. CCR shall not incur or create and shall at all times take whatever action is necessary to keep the GCCS, the Blower-Flare Facility, and any other Landfill Owner property, whether real or personal,free of liens, levies and encumbrances of any nature or kind, except liens,levies,and encumbrances created by the Landfill Owner. 2.1.7. In the event CCR and Landfill Owner mutually identify any well within the GCCS at the Landfill that should constitute a Non-Qualifying Gas Well,CCR shall notify the Landfill Owner in writing of such determination and CCR shall, within thirty (30) days of such notice, disconnect such well from the GCCS. After any such well has been disconnected from the GCCS, such well shall thereafter be deemed to constitute a Non-Qualifying Gas Well for all purposes of this Agreement,the Landfill Owner shall be solely responsible for all costs incurred in connection with the operation, maintenance,repair and decommissioning of such Non-Qualifying Gas Well, and CCR shall no longer have any rights to the Non-Qualifying Gas produced by such Non- Qualifying Gas Well. 2.2. CCR's Facilities. 2.2.1. CCR shall make all necessary filings and obtain all governmental authorizations necessary to provide for and continue the delivery of Landfill Gas to the Connection Point, its processing, and its subsequent sale by CCR. The Landfill Owner shall cooperate with CCR in connection with such filings. CCR shall keep the Landfill Owner apprised of its progress toward obtaining the necessary authorizations. 2.2.2. CCR shall be solely responsible for the design,installation,expense,and operation of CCR's Facility,including,without limitation, pipeline connection fees, regardless of whether such work is performed by CCR, a subcontractor, or by anyone directly or indirectly employed by any of them to perform any of the design,installation,or operation of CCR's Facility. CCR shall (i) design, construct, install, operate, and maintain CCR's Facility in accordance with Good Engineering Practices and in compliance with all applicable federal, state, and municipal laws, rules, and regulations, including all governmental approvals, any permits required for construction, installation, or operation, and, without limitation, Environmental Laws, and (ii) obtain all necessary governmental authorizations to construct,install,and operate CCR's Facility. 2.2.3. CCR and Landfill Owner shall use reasonable, good faith efforts to coordinate the installation and maintenance of interconnections between their respective facilities. CCR shall be responsible for all costs and expenses of bringing and connecting the respective facilities of the Landfill Owner and CCR to the Connection Point. 2.2.4. CCR shall be solely responsible for the operation, utility costs, maintenance, repair, income taxes, and insuring of CCR's Facility. CCR shall be responsible for designing and making the connection to the existing water distribution system,supplying water to the project,and metering water usage. Page 6 of 44 2.2.5. CCR shall be solely responsible for all costs and expenses of securing rights-of-way for the pipeline from CCR's Facility to the Sales Interconnection Point. 2.2.6. CCR shall not incur or create and shall at all times take whatever action is necessary to keep CCR's Facilities free of,liens,levies and encumbrances of any nature or kind; provided,however,nothing herein shall be construed to prohibit CCR from creating a lien on the leasehold interest in CCR's Facility in connection with any financing of such facility. 2.2.7 CCR shall insure that any buildings constructed as part of CCR's Facilities match the design and architecture of the existing landfill office buildings. ARTICLE III. TREATING OF LANDFILL GAS 3.1. Title to Gas. 3.1.1. Landfill Owner shall transfer ownership of Landfill Gas,free of any and all encumbrances, including all Environmental Attributes associated with Landfill Gas,to CCR at the Connection Point in exchange for a royalty per Article IV, "Price, Royalties, Billing and Payments",herein. 3.1.2. At least three business days prior to Commercial Operations Date,CCR shall provide written notice to the Landfill Owner of such commencement date. On and after the Commercial Operations Date,subject to the terms and conditions of this Agreement,CCR shall process and treat on-site the Landfill Gas to create a High-BTU Gas and related by-products. 3.2. CCR is responsible for the handling of Landfill Gas at and beyond on the Connection Point irrespective of nitrogen content.3.3.Delivery of Landfill Gas. 3.3.1. Subject to Section 3.4 below, Landfill Owner shall deliver to the CCR Facility at the Connection Point all Landfill Gas produced from the Landfill for treating,and CCR will treat the Landfill Gas in compliance with the Landfill Owner's Permits and Environmental Laws. 3.3.2. In the event CCR's Facility is shut down for any reason,or fails,for any reason,to take and process all Landfill Gas made available to CCR, CCR shall promptly start the Landfill flare. 3.4. Exclusive Right to Treat,Process and Sell Landfill Gas at the Landfill. The Landfill Owner grants CCR the exclusive right to treat,process,and sell all Landfill Gas produced at the Landfill. However,if CCR is unable to accept Landfill Gas at the Connection Point, CCR shall promptly notify the Landfill Owner thereof,and the Landfill Owner will have the right to divert Landfill Gas not accepted by CCR at the Connection Point, until such time that CCR notifies the Landfill Owner that it is again able to accept Landfill Gas at the Connection Point. Such point of diversion will be upstream of the Connection Point. 3.5. Risks. Page 7 of 44 CCR shall incur all permitting,market,resource,non-specification energy,changes in law, construction,and performance-related risks. 3.5.1. Resource risks refer to all risks associated with the quality and/or quantity of Landfill Gas,including risks that Landfill Gas may damage CCR's Facility. 3.5.2. Non-specification energy risks refer to all risks associated with the quality and/or quantity of High-BTU Gas,including risks that High-BTU Gas may cause damage to CCR's equipment. ARTICLE IV. PRICE, ROYALTIES, BILLING AND PAYMENTS 4.1. High-BTU Gas Sales. CCR shall be solely responsible for,and shall have sole discretion regarding,the sale of High-BTU Gas, including the negotiation of gas sales agreements; provided, that CCR shall keep Landfill Owner apprised of major developments in its negotiation of gas sales agreements. 4.2. Price and Royalties. 4.2.1. Effective after the Commercial Operations Date, CCR shall pay the Landfill Owner a royalty, from Gross Revenue received by CCR from the sale of High-BTU Gas, Environmental Attributes,RINs and other credits. The royalty paid to the Landfill Owner shall be determined based on the price at which CCR sells High-BTU Gas,as follows: (i) At a High-BTU Gas sales price below$10.00 per MMBTU,the royalty is 10%. (ii) At a High-BTU Gas sales price between$10.00 per MMBTU and$22.00 per MMBTU, the royalty is 10.00% at $10.00 per MMBTU, increasing 0.01% for each $0.01 per MMBTU increase in sale price, up to a maximum royalty of 22%at a High-BTU Gas sales price of$22.00 per MMBTU. (iii) At a High-BTU Gas sales price exceeding$22.00 per MMBTU,the royalty is 22%. 4.2.2. CCR shall be entitled to all Environmental Attributes, tax credits, and other credits, including, but not limited to the proceeds from the sale of such Environmental Attributes,tax credits,and other credits. Revenues from these items shall be considered in the royalty payment. 4.4. Billing and Payments. 4.4.1. Within forty-five (45) days after the end of each month, CCR shall provide Landfill Owner with a statement detailing amounts owed by CCR. The statement shall include(i)records of readings from the Meters and revenue statements from High-BTU Gas sales, (ii)the amount of down-time(in minutes) of CCR's Facilities during the invoiced period and (iii) percent of plant capacity, methane efficiency and such additional information as Landfill Owner Page 8 of 44 may reasonably require confirming the amounts payable by or to CCR. The statement must include backup for any further reimbursements or payments owed by CCR or the Landfill Owner. 4.4.1.1. The first partial month following the Commercial Operations Date shall be combined with the first full month following the Commercial Operations Date,such that all statements subsequent to the first statement will cover a period beginning on the first day of each month and ending on the last day of each month. 4.4.2. CCR shall pay to the Landfill Owner, all amounts owed to the Landfill Owner within thirty (30) days after Landfill Owner's receipt of the billing statement detailing amounts owed by CCR in Section 4.4.1,subject to Section 4.6(Disputed Amounts). 4.5. Audit Rights. CCR shall keep such records and books of account in accordance with generally accepted accounting principles and practices in the natural gas industry, with such variations as may be reasonably required to enable the Landfill Owner to readily determine the amounts it is owed. CCR shall submit an annually certified financial statement and letter(separately signed by the CPA) indicating that all amounts due to the City have been remitted. The Landfill Owner shall keep such records and books of account in accordance with generally accepted accounting principles and practices for municipal governments and in the landfill industry,as applicable,as may be reasonably required to enable CCR to determine that Landfill Owner is in compliance with its duties and obligations under and pursuant to this Agreement. CCR and the Landfill Owner and their respective representatives shall have the right to audit,to examine,and to make copies of all financial and related records(in whatever form they may be kept,whether written,electronic, or other)relating to or pertaining to this Agreement not more than once annually during the term of this Agreement. CCR and Landfill Owner shall,at all times during the Term, and for a period of seven(7)years after expiration or termination of this Agreement for any reason,maintain such records, together with supporting or underlying documents and materials. Upon either Party's request,the other Party,whether during the Term or after termination of this Agreement,shall make such records available for inspection and audit during normal business hours. Audit findings and proposed reconciliation of any discrepancies along with auditors work paper copies shall be provided to the audited Party who shall have a reasonable period not to exceed sixty(60) days to review and comment on the audit. If an audit reveals an underpayment by CCR greater than$10,000,the cost of such audit shall be borne by CCR. If an audit reveals an underpayment of less than $10,000,the cost of the audit shall be borne by the Landfill Owner. 4.6. Disputed Amounts. CCR and Landfill Owner shall use diligent, good faith efforts to resolve any dispute whether arising from an audit or otherwise regarding the amounts due to Landfill Owner or CCR. A Party owing any disputed sum to the other shall remit undisputed amounts within thirty(30) days of receiving a written demand therefor. If any portion of any disputed amount is later determined to be due and owing to a Party,the Party owing the formerly disputed amount shall remit such amount to the other Partywithin fifteen(15)days of the determination that it is owed. Page 9 of 44 If it is determined that CCR overpaid the Landfill Owner,such overpayment may only be offset against future payments due to the Landfill Owner from CCR at the time such payments are due; provided, however, overpayments occurring in the last twenty-four (24) months of this Agreement will be paid on demand if future payments are reasonably expected to be insufficient to provide for reimbursement by offset. ARTICLE V. DESIGN AND CONSTRUCTION 5.1. Design. 5.1.1. CCR shall be solely responsible for the adequacy and cost of the design of(i)CCR's Facility,(ii) modifications,expansions,and improvements made by CCR to the GCCS, and (iii) the interconnection between CCR's Facilities and the GCCS, regardless of whether designed by CCR,any subcontractor,or by anyone directly or indirectly employed by any of them to perform any of the design. 5.1.2. Prior to beginning construction, CCR, at CCR's sole expense, shall prepare final engineering and design plans and specifications of(i)the Connection Point,and(ii) any modifications or improvements to the GCCS that CCR reasonably foresees that it will make prior to the Commercial Operations Date. The final engineering and design plans and specifications shall conform to all Landfill Owner's Permits,to all Environmental Laws,and with Good Engineering Practices. 5.1.3. CCR shall provide the final engineering and design plans and specifications required pursuant to Section 5.1.2. (the "final engineering and design plans and specifications") to the Landfill Owner promptly following the completion of such plans and specifications. 5.1.4. CCR shall provide to the Landfill Owner revised engineering and design plans and specifications for any modifications or expansions to the GCCS proposed or made after CCR begins construction. All revised final engineering and design plans and specifications shall conform to all Landfill Owner's Permits, CCR's Permits, Environmental Laws, and with Good Engineering Practices. 5.2. Permits. 5.2.1. Within thirty(30) days prior to CCR beginning construction, CCR shall prepare and submit,at CCR's sole expense,applications to the appropriate Texas state agencies to modify the Landfill Owner's Permits to include CCR's Facility and will diligently prosecute the approval of its applications. CCR shall provide a copy of the applications to the Landfill Owner and CCR shall not submit such application to TCEQ until such application has been approved by the Landfill Owner,which approval shall not be unreasonably withheld,conditioned,or delayed. The Landfill Owner shall provide reasonable assistance to CCR in preparing and prosecuting the CCR's applications, but Landfill Owner shall not be required to expend funds in so doing. Notwithstanding anything to the contrary contained in this Agreement,in the event CCR is unable to obtain a separate air permit from TCEQ for CCR's Facility and is required instead to operate CCR's Facility under the Landfill Owner's Air Permit, CCR shall, at its sole cost, prepare the Page 10 of 44 application to TCEQ to amend the Landfill Owner's Air Permit to include CCR's Facility,and CCR shall not submitsuch application to TCEQ until such application has been approved bythe Landfill Owner. CCR shall not begin construction until the modification to the Landfill Owner's Permits is approved by the appropriate Texas state agencies. 5.2.2. Prior to CCR beginning construction, CCR shall prepare and submit, at CCR's sole expense,an application to the appropriate Texas state agency for any authorizations necessary to construct and/or operate CCR's Facility and will diligently prosecute the approval of its application(s). CCR shall provide a copy of its application(s)to the Landfill Owner concurrently with its submittal to such state agency. The Landfill Owner shall provide reasonable assistance to CCR in preparing and prosecuting CCR's application,but shall not be required to expend funds in so doing. 5.2.3. Prior to or concurrently with CCR beginning construction, CCR shall prepare and submit, at CCR's sole expense, any additional applications to any other governmental entities (whether local, state or federal) for any authorizations necessary to construct and/or operate CCR's Facility and will diligently prosecute the approval of its application(s). CCR shall provide a copy of its application(s)to the Landfill Owner concurrently with its submittal(s).The Landfill Owner shall provide reasonable assistance to CCR in preparing and prosecuting CCR's application,but shall not be required to expend funds in so doing. 5.2.4. Permitting for expansions and modifications to the GCCS shall be subject to Section 6.2. 5.3. Construction. 5.3.1. CCR shall ensure that all construction is carried out in a good and workmanlike manner,and all improvements and expansions to the GCCS are in accordance with the final engineering and design plans and specifications and the Landfill Owner's Permits. 5.3.2. CCR shall provide the Landfill Owner with (i) a minimum of forty-eight (48) hours' notice of planned construction activities and (ii) notice as soon as practical for emergency repairs that affect the operation of the GCCS. The Landfill Owner shall have the right, but not the obligation, to have a representative on site to observe construction activities and emergency repairs. ARTICLE VI. OPERATION AND MAINTENANCE 6.1. General Operation and Maintenance Requirements 6.1.1. CCR, beginning on the Gathering System Operations Date,which date shall be provided in a written notice to the Landfill Owner at least three business days in advance of such date, shall (i) operate, maintain, repair, and expand the GCCS, (ii) assume sole responsibility for the cost to operate, maintain, repair, and expand the GCCS, excluding the Blower-Flare Facility,(iii)operate,maintain,and repair the Blower-Flare Facility,and(iv)assume no responsibility for the cost to operate,maintain,and repair the Blower-Flare Facility. CCR shall Page 11 of 44 be solely responsible for the operation,repair,expansion,and maintenance of(i)CCR's Facilities, and(ii)the Connection Point. 6.1.1.1. In the event that the reasonable cost to repair one or more of the pieces of equipment listed in this Section 6.1.1.1 exceeds fifty percent(50%) of the reasonable cost to replace the equipment with an equivalent or better piece of equipment, CCR may request in writing that the Landfill Owner purchase the equivalent or better piece of equipment. If the Landfill Owner approves the request,such approval not to be unreasonably withheld or delayed, the Landfill Owner shall, at the Landfill Owner's discretion, either (i) provide the replacement equipment to CCR, (ii) direct CCR to purchase the equipment and reimburse CCR for such equipment within six (6) months of the purchase date, or (iii) credit CCR the cost of the replacement equipment against future royalties. CCR shall be responsible for the labor to replace the part,if replacement is approved. This Section 6.1.1.1 shall apply to the following equipment located within the Blower-Flare Facility: • flares • flame arresters • blowers • instrument air compressor(s) • flare controls • knock-out pot(s) 6.1.2. CCR shall perform all operating, maintenance, and repair duties, such that all facilities for which CCR is responsible are kept in good working order and condition; operated in a safe,secure,effective,and efficient matter,secure from hazards such as explosions, leaks and other dangers to human health and the environment;are operated in strict compliance with the Landfill Owner's Permits and CCR's Permits,if any;and in compliance with all applicable laws including, without limitation, all governmental approvals, any required permits, Environmental Laws, local ordinances and/or regulations related to noise and/or odor, and Occupational Health and Safety Administration(OSHA)laws and regulations. To the extent CCR gathers any information relating to the GCCS that the Landfill Owner is required to report to a governmental authority,CCR shall provide such information to the Landfill Owner,at no cost and in a timely manner, and shall certify in writing to the Landfill Owner as to the accuracy and completeness of such information. 6.1.3. Condensate. 6.1.3.1. Subject to the Landfill Owner's Permits and Environmental Laws, the Landfill Owner agrees to accept all condensate collected from the GCCS and CCR's Facilities into its leachate collection system, at a location(s) acceptable to the Landfill Owner at no charge to CCR. 6.1.3.2. CCR shall ensure there is no spillage or unintended discharge of condensate into the environment and that all tanks,pipelines and other equipment used by CCR for the transportation of condensate are operated and maintained in compliance with the Landfill Owner's Permits, CCR's Permits, if any, and Environmental Laws. CCR shall ensure that all Page 12 of 44 construction,installation, maintenance, repair,and replacement performed by CCR,or through their contractors and subcontractors,shall be in compliance with CCR's Permits. 6.1.4. Unauthorized Emissions and Odors. 6.1.4.1. CCR shall be solely liable for any damages or claims caused by odors or the release of Landfill Gas from CCR's Facilities. In the event that any governmental agency brings an enforcement action against the Landfill Owner pursuant to the Landfill Owner's Permits and based on odors orthe release of Landfill Gas from CCR's Facilities,CCR shall reimburse the Landfill Owner for all fines and/or for costs,including reasonable attorneys'fees,incurred in connection with such enforcement action. In the event that any governmental agency brings an enforcement action against the Landfill Owner pursuant to CCR's Permits and based on odors or the release of Landfill Gas from CCR's Facilities,CCR shall be solely responsible for payment of all fines and/or costs,including reasonable attorneys'fees,incurred in connection with such enforcement action. 6.1.4.2. The Landfill Owner shall be solely liable for any damages or claims caused by odors or the release of Landfill Gas that can be demonstrated as(i) having escaped from the working face of the Landfill or(ii)being due to the failure by the Landfill Owner to place soil cover on the Landfill in accordance with the Landfill Owner's Solid Waste Permit. In the event that any governmental agency brings any enforcement action against the Landfill Owner based on failure of the Landfill to comply with Environmental Laws related to operations at the working face of the Landfill,or for inadequate cover of the Landfill,CCR shall not be responsible for fines and/or costs incurred responding to such enforcement action. The Landfill Owner shall also be solely responsible for any damages or claims caused by odors or the release of Landfill Gas from any area of the Landfill that is not legally required to have a gas collection and control system,unless the Landfill Owner requests CCR in writing,more than one hundred eighty(180)days prior to the damage or claim,to expand the GCCS to the area of the Landfill where the odors or Landfill Gas were released. 6.1.4.3. In the event CCR expands the GCCS into an area that is not legally required to have a gas collection and control system, CCR may request that the Landfill Owner place additional soil cover to help control gas migration. The Landfill Owner shall not unreasonably deny such request. 6.1.5. Emergency Conditions. Notwithstanding anything herein to the contrary, if the Landfill Owner, in good faith, determines that it must access the GCCS to make modifications to comply with the Landfill Owner's Permits or Environmental Laws,or to prevent threatened or actual harm to human health or the environment or respond to odor complaints resulting from Landfill Gas emissions,then,after the Landfill Owner provides notice to CCR to the extent practicable under the circumstances at the time,qualified technical representatives of the Landfill Owner and CCR shall meet within seven (7) days to discuss possible remedies. If the Parties cannot reach an agreement,then the Landfill Owner may access the GCCS to make any necessary modifications to comply with the Landfill Owner's Permits or Environmental Laws,or to prevent threatened or actual harm to human health or the environment or respond to odor complaints resulting from Landfill Gas emissions. If emergency conditions so warrant and the Landfill Owner, in good faith, determines that it must access the GCCS to make emergency repairs,the Landfill Owner shall notify CCR and then make the repairs. Page 13 of 44 6.1.6. Coordination of Facilities. CCR shall install,at CCR's sole expense,valves and controls in the Blower-Flare Facility to allow startup of the Landfill Owner flare in the event CCR's Facility goes off-line,and shall also install piping and fixtures to allow CCR to flare LFG other than Waste Gas through the Blower-Flare Facility. 6.2. GCCS Operations,Expansion, Repair,Maintenance,and Management. 6.2.1. CCR and the Landfill Owner's respective duties are further set forth in (Exhibit 3 hereto, which is incorporated fully herein; however, no representation is made that Commented[EH2]:Revised Exh bit3to be provided by COR. each Party's respective duties are fully set forth in Exhibit 3,and any duty not set forth explicitly in Exhibit 3 shall be governed by the terms and provisions of this Agreement. In the event that changes to Exhibit 3 are made to reflect changes in the Parties'respective duties,then a revised Exhibit 3 may be substituted herein without the necessity for formal amendment of this Agreement,provided,both Parties provide mutual approval in writing to the changes and a copy of the revised Exhibit 3 (along with a copy of the written approval) is provided to the Landfill Owner's City Secretary for the Landfill Owner's permanent records. 6.2.1.1. The Landfill Owner shall, subject to Landfill Owner's approved budgetary appropriations, (i) direct CCR to expand the Blower-Flare Facility when capacity utilization of the Blower-Flare facility exceeds 85%, and (ii) reimburse CCR for all reasonable Blower-Flare Facility expansion costs. Such expansion costs shall be approved by the Landfill Owner before construction begins, subject to approved budgetary appropriations. While the Blower-Flare Facility is being expanded,the Parties shall coordinate with each other to minimize the disruption to the other's operations to the extent reasonably practicable. 6.2.2. In making any modifications to the GCCS,CCR shall use reasonable care and diligence and shall perform all work in a proper and workmanlike manner and in accordance with applicable laws, including all governmental approvals, any required permits, and, without limitation,Environmental Laws. Title to all modifications made by or on behalf of CCR shall pass to the Landfill Owner free and clear of all liens,claims,encumbrances and security interests as of the date of the incorporation of such modifications into the GCCS. 6.2.3. CCR shall have the option to expand the GCCS at any time, at its cost, with the advance consent of the Landfill Owner, which consent shall not be unreasonably withheld, conditioned, or delayed. At CCR's sole expense, CCR shall (i) if required, prepare an application, to be submitted by the Landfill Owner, for approval of any expansions by the appropriate regulatory authority; (ii) if required, obtain from the appropriate regulatory authority all required approvals prior to expanding the GCCS;(iii)expand the GCCS in accordance with Good Engineering Practices and in compliance with applicable laws, including all governmental approvals, any permits required for construction or operation, and, without limitation, Environmental Laws; and (iv) if required, submit an as-built permit drawing to the regulatory authority following expansion of the GCCS. Title to all expansions made by or on behalf of CCR shall pass to the Landfill Owner free and clear of all liens, claims, encumbrances, and security interests as of the date of the incorporation of such expansion into the GCCS. Page 14 of 44 6.2.4. CCR shall provide the Landfill Owner with reasonable notice of any planned repair, maintenance, or replacement activities to the GCCS that would reasonably and foreseeably impact Landfill operations. 6.2.5. The Landfill Owner and CCR shall determine a maximum and minimum level of vacuum needed to operate the GCCS safely and in accordance with the Landfill Owner's Permits and Environmental Laws. Initially,this range shall be set at-40 to-80 inches of water column. If either Party determines that the range needs to be revised, the Parties shall work together to attempt to resolve the revisions to the range. 6.3. Operation of CCR's Facilities. 6.3.1. The Landfill Owner shall not be responsible for the repair or replacement of CCR's Facilities unless the repair or replacement is required as a direct result of damage caused by the Landfill Owner's or the Landfill Owner's invitees' negligence, in any degree,whether passive or active,whether sole,joint, concurrent, intervening or superseding, reckless conduct or willful or intentional misconduct. If due to the action,conduct,or omission of Landfill Owner's invitee(s), CCR shall first seek redress from the involved invitee(s) for such repair or replacement. 6.3.2. Except as described in Section 6.1.3 (regarding condensate), CCR shall be solely responsible for disposal of all CCR's waste, including but not limited to (i) Hazardous Wastes,(ii) Hazardous Substances that are no longer intended to be used,(iii)Unused LFG,and (iv) Waste Gas. Except as described in this Section 6.3.2, all CCR's wastes shall be disposed at CCR's sole cost and shall be disposed of in accordance with all applicable Environmental Laws. 6.3.2.1. If requested by CCR, the Landfill Owner shall accept at the Landfill working face,after being weighed at the landfill scale,CCR's waste that the Landfill is authorized to accept in accordance with the Landfill Owner's Permits. 6.3.2.2. CCR is responsible for flaring all Waste Gas. The Blower-Flare Facility shall not be used to combust any Waste Gas. 6.3.2.3. CCR is responsible for flaring all Unused LFG. The Blower-Flare Facility may be used to combust Unused LFG. ARTICLE VII. TERM AND TERMINATION 7.1. Initial Term. The initial term of this Agreement shall begin on the 61st day following approval of the Landfill Owner's governing body and continue for thirty(30)years,unless earlier terminated as provided in this Agreement(the"Initial Term"). Page 15 of 44 7.2 Extensions. 7.2.1. Following the Initial Term,the Term of this Agreement maybe extended in writing by mutual agreement of the parties for one (1), five (5) year period (the "First Extension"). 7.2.2. Following the First Extension pursuant to Section 7.2.1,this Agreement may be extended in writing by mutual agreement of the parties for one(1),five(5)year period (the"Second Extension"). 7.2.3. Intentionally deleted. 7.2.4. The Initial Term, First Extension (if any), and Second Extension, if any, are collectively referred to as the"Term." 7.3. Termination. This Agreement shall continue for the Term unless terminated early in accordance with one of the following: 7.3.1. This Agreement may be terminated by written agreement signed by both Parties. 7.3.2. The Landfill Owner shall have the right to terminate the Agreement under the following circumstances. The Landfill Owner's right to terminate shall not be exclusive and shall not prevent the Landfill Owner from pursuing any other remedies to which it may be entitled at law or in equity. Failure of the Landfill Owner to exercise its right to terminate shall not constitute a waiver of its right to terminate,or of any other remedy available to the Landfill Owner,at law or in equity. 7.3.2.1. Any uncured breach by CCR of this Agreement that has a material adverse effect on the Landfill Owner. In the event that the Landfill Owner seeks to terminate this Agreement because CCR breaches a term or condition of this Agreement that has a material adverse effect on the Landfill Owner,the Landfill Owner shall notify CCR in writing of the breach, and of the Landfill Owner's intent to terminate this Agreement. If CCR cures the failure within sixty(60) days following receipt of the Landfill Owner's notice,the breach shall not constitute grounds for termination.If CCR is unable to cure the failure within sixty(60)days following receipt of the Landfill Owner's notice, but initiates steps to cure the failure within thirty (30) days following receipt of the Landfill Owner's notice, as outlined in the sixty (60) day cure period above, and cures the failure within ninety(90) days following receipt of Landfill Owner's initial notice,the failure shall not constitute grounds for termination. 7.3.2.2. Failure of CCR to operate or maintain CCR's Facilities in a manner that complies with the Landfill Owner's Permits,CCR's Permits,if any,applicable Environmental Laws, and, in all material respects, with this Agreement, or the failure to otherwise comply in all material respects with this Agreement. In the event the Landfill Owner seeks to terminate this Agreement because CCR is not operating its facilities in a manner that complies with the Landfill Owner's Permits, CCR's Permits, if any, applicable Environmental Laws, and, in all material Page 16 of 44 respects,with this Agreement,or is not otherwise complying with this Agreement in all material respects,the Landfill Owner shall notify CCR in writing of the failure,and of the Landfill Owner's intent to terminate this Agreement(a"Default Notice"). If CCR cures the failure within sixty(60) days following receipt of the Default Notice(the"Cure Period"),the failure shall not constitute grounds for termination. If CCR is unable to cure the failure within sixty (60) days following receipt of the Default Notice, but initiates steps to cure the failure within thirty (30) days following receipt of the Default Notice,diligently pursues the cure, and cures the failure ninety (90) days following receipt of the Default Notice, the failure shall not constitute grounds for termination. 7.3.2.3. The institution by CCR of proceedings to be adjudicated bankrupt or insolvent,or the consent by it to the institution of bankruptcy or insolvency proceedings against it, or the filing of a petition or answer or consent seeking reorganization or relief under the federal Bankruptcy Code or any other applicable federal or state law,or the consent by it to the filing of such petition or to the appointment of a receiver,liquidator,assignee,trustee,or similar official or the making by it of an assignment for the benefit of creditors,or the admission by it in writing of its inability to pay its debts generally as they become due, or the taking of action by any of them in furtherance of any such action. The foregoing notwithstanding, if any such proceeding is dismissed within sixty(60)days,such proceedings shall not create a default under this Agreement. 7.3.2.4. Following the Commercial Operations Date, if CCR's Facilities do not accept Landfill Gas for seventy(70)consecutive days or one hundred(100)total days in any three- hundred and sixty-five(365)day period during any such period of the Term, unless due to Force Majeure. 7.3.2.5. A GCCS Vacuum Failure Event,as hereinafter defined,occurs for either a period of five(5) consecutive days or or more than a total of ten (10)days in any month. A Commented[JH3]:"On"seems to indicate a possibility that "GCCS Vacuum Failure Event"shall be deemed to have occurred on an da during which the evenitutea aisecond Event. The intention here to different days would y y g constitute a Failure Event.The intention here is to define a total level of vacuum on the GCCS is greater than or less than the range set forth in Section 6.2.5.(as time frame where vacuum is not maintained correctly.we could also define this in total bourn if it is clearer. may be subsequently amended pursuant to Section 6.2.5.),unless due to Force Majeure. Commented[EH4R3]:Correct--changed to align with next sentence--see the language in the definition("...deemed to occur on 7.3.2.6 CCR is in arrears in paying the rent,fees,or other charges due un de r t h is any day..."),which means t is includes any such failure event of whatever duration occurring"on"a day.Understand the point-- Agreement for 10 business days following written notice by the Landfill Owner. agree,total time is preferrable,given that any short blip is eligible to be counted,which does not appear to have been the intention. 7.3.3. CCR Shall have the right to terminate the Agreement under the Please submit CCR'srevisedlanguageforreview.If it's preferable to entirely move the definition(so that it appears in the same section following circumstances. CCR's right to terminate shall not be exclusive and shall not prevent with the other definitions,please do. CCR from pursuing any other remedies to which it may be entitled at law or in equity. Failure of Commented[EHSR3]:Pending. CCR to exercise its right to terminate shall not constitute a waiver of its right to terminate,or of Commented[EH6R3]:Per the in-person meeting,CCR (Joshua)expressed a desire to limit application of the time period in any other remedy available to CCR,at law or In equity. order to exclude events of extremely short duration(e.g.,a five- second'biccup')that unintentionally will trigger this provision. CCR 7.3.3.1. Any uncured breach by the Landfill Owner of a term or condition of this is requested to propose and insert language to do so,or decide to forego such opportunity. Agreement that has a material adverse effect on CCR. In the event that CCR seeks to terminate this Agreement because the Landfill Owner breaches a term or condition of this Agreement that has a material adverse effect on CCR,CCR shall notify the Landfill Owner in writing of the breach, and of CCR's intent to terminate this Agreement. If the Landfill Owner cures the failure within sixty (60) days following receipt of CCR's notice, the breach shall not constitute grounds for Page 17 of 44 termination. If the Landfill Owner is unable to cure the failure within sixty (60) days following receipt of CCR's notice, but initiates steps to cure the failure within thirty (30) days following receipt of CCR's notice,as outlined in the sixty(60)day cure period above,and cures the failure within ninety(90) days following receipt of CCR's initial notice, the failure shall not constitute grounds for termination. 7.3.3.2. If,after the Commercial Operations Date,CCR deems,in CCR's sole and reasonable judgment,that it is not commercially feasible to continue to operate CCR's Facilities, CCR may terminate this Agreement by providing not less than 30 days'advance written notice to the Landfill Owner. This Agreement shall terminate upon the removal of all of CCR's Facilities, equipment, machinery, and other personal property from the Site, unless all or any part of the same are abandoned in place with the advance written consent of the Landfill Owner, and holdover rent of$10,000 per month (applicable to all or any part of a month)shall be imposed until removal is completed by CCR or 180 days have elapsed from the date stated in the written notice from CCR,whichever occurs first. 7.3.3.3. Condemnation by eminent domain of the Site or a part thereof sufficient to substantially interfere with the purposes of this Agreement. CCR shall provide notice to the Landfill Owner of its intent to terminate this Agreement as soon as practicable after being notified of an impending condemnation,and in no case less than ninety(90)days in advance of terminating this Agreement. CCR shall continue to operate the GCCS,the Blower-Flare Facility, and CCR's Facilities for as long as practicable. 7.3.3.4. The institution by Landfill Owner of proceedings to be adjudicated bankrupt or insolvent, or the consent by it to the institution of bankruptcy or insolvency proceedings against it,or the filing of a petition or answer or consent seeking reorganization or relief under the federal Bankruptcy Code or any other applicable federal or state law, or the consent by it to the filing of such petition or to the appointment of a receiver,liquidator,assignee, trustee,or similar official or the making by it of an assignment for the benefit of creditors,or the admission by it in writing of its inability to pay its debts generally as they become due, or the taking of action by any of them in furtherance of any such action. The foregoing notwithstanding, if any such proceeding is dismissed within sixty(60) days, such proceedings shall not create a default under this Agreement. 7.3.3.5. Notwithstanding any other provision to the contrary contained herein, if,during the one-hundred and eighty(180)days following the Effective Date("Test Period"),CCR determines that the project contemplated by this Agreement is not commercially feasible,or that it is not able, notwithstanding its reasonable efforts,to obtain the necessary rights-of-way from CCR's Facility to the point of interconnect with a pipeline to transport the treated Landfill Gas, CCR may, in its sole discretion, and upon written notice to Landfill Owner, terminate this Agreement,with such termination to be effective thirty(30)days after notice of termination has been given to Landfill Owner. If after one-hundred and eighty (180) days following the Test Period, CCR has been unable to obtain the necessary rights-of-way, but has diligently and continuously exercised its reasonable efforts to obtain the necessary rights-of-way, CCR, by written notice to the Landfill Owner, can extend the Test Period up to an additional three hundred and sixty-five(365) days; provided,that such extension shall only continue as long as Page 18 of 44 CCR diligently and continuously exercises its reasonable efforts to obtain the necessary rights-of- way. Following the expiration of the 365-day extension,this Agreement terminates without the necessity of further action taken,or notices required to be given,by either party. 7.3.3.6. Landfill Owner is in arrears in paying charges due under this Agreement for 10 business days following written notice by the Landfill Owner. 7.4. Force Majeure. If by reason of Force Majeure either Party is unable in whole or in part to carry out the obligations on its part contained in this Agreement (other than the Landfill Owner's or CCR's obligations to pay amounts due and owing),such Party shall not be deemed in default during the continuance of such inability,provided that(i)the Party unable to carry out its obligations,within five(5) business days after the occurrence of the event of Force Majeure,gives the other Party written notice describing the event of Force Majeure and further details; (ii)the suspension of performance shall be of no greater scope and of no longer duration than is required by the event giving rise to the claim of Force Majeure, and shall not in any event be longer than the time necessary for such exigency to be removed by the immediate application of commercially reasonable efforts applied diligently and in continuous and uninterrupted manner by the Party claiming Force Majeure;(iii) no obligations of the Party unable to carry out its obligations which arose prior to the occurrence causing the suspension of performance shall be excused as a result of such occurrence; and (iv)the non-performing Party shall not be required to settle strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the Party having the difficulty. Failure of a Party to provide the written notice required and within the time period set out herein shall expressly constitute a waiver of this right as defense to performance. 7.5. Restoration. Upon the expiration of the Term,or earlier termination of this Agreement,CCR shall have a period of up to one hundred and eighty(180) days, commencing on the date of expiration or termination (the "Removal Period"), to remove CCR's Facilities from the Site, including any building foundation. CCR, at its sole cost and expense,shall repair any damage caused by such removal and restore the Site to substantially its condition, ordinary wear and tear excepted, as of the Effective Date. Prior to beginning disturbance of the Site for construction, CCR shall perform an initial Phase II environmental assessment and provide the results to Landfill Owner. If the results of any Phase II assessment performed following expiration or earlier termination of the Agreement reveal different contamination of the Site from Hazardous Substances requiring remediation or increased concentrations or amounts of Hazardous Substances requiring remediation than were shown by the initial Phase II, CCR shall only be liable for the cost of removal or containment of the different substances or portion of the increased concentration or increased amount of the Hazardous Substance(s). Any part of CCR's Facilities that has not been removed prior to the expiration of the Removal Period shall,at the Landfill Owner's option, be deemed to have been abandoned,and title to such items shall,at the Landfill Owner's option, vest in the Landfill Owner at the end of the Removal Period, without any payment or other consideration given by the Landfill Owner. Alternatively,the Landfill Owner may require CCR to remove all or any part of the remaining portion of CCR's Facilities at CCR's expense and, if CCR Page 19 of 44 fails to remove such items,the Landfill Owner may remove them at CCR's expense. Reasonable and necessary removal expenses incurred by the Landfill Owner are due and payable by CCR within 30 days of submission of an invoice by the Landfill Owner to CCR. 7.6. Survivability of Terms The following terms shall survive the end of the Term, or earlier termination of this Agreement. Except where otherwise contained in this Agreement, any terms that survive the expiration of the Term or earlier termination of this Agreement shall only survive for a period of two years thereafter,unless specifically extended below: • Indemnity provisions; • Restoration requirements; • Representations and warranties; • Payment obligations survive until satisfied in full;and. • Recording expenses, pursuant to Section 8.1.3,survive until satisfied in full. ARTICLE VIII. SITE LEASE AND LANDFILL ACCESS 8.1. Site Lease. 8.1.1. Beginning on the Effective Date and continuing until the end of the Term or earlier Termination of this Agreement, the Landfill Owner does hereby lease unto CCR, the Site,solely for the purposes of constructing,installing,operating,and maintaining CCR's Facility and connecting CCR's Facilities to the GCCS. CCR shall have sole and exclusive access to the Site except as otherwise provided in this Agreement. 8.1.2. The Site is leased to CCR in an "as-is, where-is" condition, and CCR acknowledges that is it leasing the Site "as is" with all faults including, but not limited to, any and all pollutants, asbestos, underground storage tanks, and any other Hazardous Substances and materials that may exist on, in, and under the Site and that neither the Landfill Owner nor any employee or agent of the Landfill Owner has made any representations or warranties as to the condition of the Site. CCR further acknowledges and agrees that it has been provided, to its satisfaction, the opportunity to inspect and test the Site for any defects as to the suitability of the Site for the purpose to which CCR intends to use the Site and is relying on its own inspection and testing. This provision is only intended to notify CCR of the Site condition as of the Effective Date,and is not intended to transfer responsibility and/or liability of any kind whatsoever for the Site from the Landfill Owner to CCR prior to the Effective Date. Any Hazardous Substances Page 20 of 44 introduced on, in,under, or to the Site through or by CCR's activities during the Term of this Agreement are and remain the sole responsibility and liability of CCR. If pollutants, asbestos, underground storage tanks, or any other Hazardous Substances are found to be present on,in,or under the Site prior to the Effective Date,the Landfill Owner shall be responsible for removing such components or, with pre-approval of the Landfill Owner, reimbursing CCR's reasonable costs to remove such components. The Landfill Owner has made no warranties to CCR as to the use or condition of the Site,either express or implied,and the Landfill Owner and CCR expressly disclaim any implied warranty that the Site is suitable for CCR's intended purpose or any other warranty (express or implied) regarding the Site. Except as expressly set forth in this Agreement,the Landfill Owner and CCR expressly agree that there are no,and shall not be any,implied warranties of merchantability,habitability,fitness for a particular purpose or any other kind arising out of this Lease,all such other express or implied warranties in connection herewith being expressly disclaimed and waived. THIS AGREEMENT IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD BUT APPARENT UPON CURSORY VISUAL, NON- INVASIVE INSPECTION APPLICABLE TO THE SITE. ALL MINERAL RIGHTS ARE RESERVED TO THE LANDFILL OWNER. 8.1.3. This Agreement shall not be recorded,however,either Party may file for record with the recorder of the county in which the Site is located a memorandum of this Agreement; provided that, the form of memorandum has been approved by both Parties in advance and in writing, which approval may not be unreasonably withheld, conditioned, or delayed.The Party recording the memorandum of this Agreement shall bear the expense of doing so. Upon termination or expiration of this Agreement, if CCR does not promptly record a termination or cancellation of the memorandum of this Agreement,the Landfill Owner may do so as the landowner,the recording expense for which shall be reimbursed to the Landfill Owner by CCR. 8.1.4. Landfill Owner acknowledges payment in advance of rent for the Term, including any extensions thereof,in the sum of Ten Dollars($10.00). In addition,for any month following the Commercial Operations Date, that revenue is not generated by CCR, the lease amount is $10,000 per month. A timely filed notice of a claim of force majeure by CCR is an exception to the application of the monthly lease amount due under this subpart until such time as the event giving rise to the claim of force majeure has been resolved. 8.1.5. Subject to the terms and conditions of this Agreement including Section 7.5,CCR's Facilities shall be and remain the property of CCR and shall at no time become a fixture with respect to the Site. 8.1.6. CCR shall permit the Landfill Owner and Persons properly authorized by the Landfill Owner to enter the Site at any time for the purpose of satisfying the Landfill Owner that CCR is complying with the terms of this Agreement,or for the purpose of preventing injury or damage to persons,property or the environment. Page 21 of 44 8.1.7. The Landfill Owner shall allow CCR,its contractors,subcontractors,and invitees access to the Site at all times. If CCR desires additional access facilities(including but not limited to gates or access roads),CCR shall request approval from the Landfill Owner in writing, such approval shall not be unreasonably denied or delayed. CCR shall be solely responsible for all costs associated with additional access facilities.Notwithstanding the foregoing,CCR shall only access the Site through the Landfill's main entrance. 8.1.8. CCR shall be responsible for incurring the costs related to providing connections for all utilities, including telecommunication and electrical lines,to and at the Site and for the monthly, recurring expense of the same. In the event CCR needs to install a water line or septic tank on the Site, CCR shall first seek the advance written approval of the Landfill Owner,such approval not to be unreasonably delayed,conditioned,or denied,and CCR be solely responsible for all costs of installation and use of the same. Upon the expiration or earlier termination of this Agreement, ownership and title to all installed utility improvements shall revert to the Landfill Owner. 8.1.9. CCR shall be solely responsible for any taxes or assessments levied on the real property comprising the Site and on the personal or tangible property at the Site owned by the Landfill Owner. CCR shall be solely responsible for any taxes or assessments levied on the personal or tangible property at the Site owned by CCR. 8.1.10. CCR shall not, and shall not permit any of its Affiliates, agents or representatives to,store,use,release,discharge,or deposit on any portion of the Site or Landfill, any Hazardous Substances except with the Landfill Owner's prior written consent,and in all cases in accordance with all Environmental Laws and the Landfill Owner's Permits. 8.1.11. CCR shall not allow any condition to exist on the Site that constitutes a public or private nuisance. 8.1.12. If the Site or a part thereof sufficient to substantially interfere with the business forwhich the Site is used,shall be condemned,appropriated,or otherwise taken,or access to the Site be impaired by right of eminent domain,all damages and awards for condemnation of interests in the Site and the easement areas shall be paid to the Landfill Owner,and CCR shall have no claim thereto; provided, however,that CCR shall be entitled to any part of such award directly related to CCR's Facilities. CCR shall be entitled,but shall not be obligated,to bring a separate claim against the condemning entity for reasonable removal and relocation costs of any removable personal property that CCR has the right to remove or for CCR's business damages. 8.1.13. CCR shall not in anyway encumber(except to the extent this Lease creates such an encumbrance) the title of the Landfill Owner in and to the Site, nor shall the interest or estate of the Landfill Owner in the Site be in any way subject to any claim by way of lien or encumbrance,whether by operation of law or by virtue of any express or implied contract by CCR, and any claim to or lien upon the Site arising from any act or omission of CCR shall accrue only against the leasehold estate of CCR and shall in all respects be subject and subordinate to the paramount title and rights of the Landfill Owner in and to the Site. CCR shall not permit the Site to become subject to any mechanic's, laborer's or material man's lien; provided, however,that CCR shall have the right to contest in good faith and with reasonable diligence the validity of any such Page 22 of 44 lien or claimed lien. If any lien is claimed,filed,or recorded with respect to the Site in violation of the provisions of this Section,CCR shall have thirty(30)days to remove any such lien and provide the Landfill Owner with written,recorded proof of such removal. Upon request,CCR shall provide the Landfill Owner with copies of lien waivers evidencing payment for all labor and materials furnished with respect to CCR's Facilities. 8.1.14. If during the term of this Agreement,the Landfill Owner requires that CCR's Facility be relocated in whole or in part,Landfill Owner shall provide an alternate location for CCR's Facility at no additional cost to CCR,and the Landfill Owner shall be responsible for the reasonable cost of the relocation of that portion of CCR's Facility that the Landfill Owner requires be relocated. 8.1.15. Within ten (10) business days after either Party's receipt of written request from the other party,such party will execute,acknowledge and deliverto the requesting party a certificate certifying as to the following:(a)that this Agreement is unmodified and in full force and effect (or, if there have been modifications, that this Agreement is in full force and effect, as modified, and stating the modifications); (b) that no notice has been given by either Party to the other of any default under this Agreement which has not been cured and to the best of its knowledge and belief no such default exists (or, if there has been any notice given or a default exists,describing the same)and(c)the dates on which the term of this Agreement begins and ends,such certificate(s)to be referred to as a "Landfill Gas and Lease Agreement Estoppel Certificate" or "Estoppel Certificate". Any Estoppel Certificate may be signed by the Landfill Owner's City Manager. 8.1.16. CCR accepts the leasehold interest conveyed herein subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter placed upon the Site,and to any renewals and extensions thereof. CCR agrees that any mortgagee shall have the right at any time to subordinate its mortgage, deed of trust or other lien to this Agreement; provided, however, notwithstanding that this Agreement may be(or may be made to be)superior to a mortgage,deed of trust or other lien,the mortgagee shall not be liable for claims accruing during Landfill Owner's ownership; further provided that the provisions of a mortgage, deed of trust or other lien relative to the rights of the mortgagee with respect to proceeds arising from an eminent domain taking (including a voluntary conveyance by Landfill Owner)and provisions relative to proceeds arising from insurance payable to Landfill Owner by reason of damage to or destruction of the Site shall be prior and superior to any contrary provisions contained in this instrument with respect to the payment or usage thereof. Landfill Owner is hereby irrevocably vested with full power and authority to subordinate this Agreement to any mortgage, deed of trust or other lien hereafter placed upon the Site, and CCR agrees to execute such further instruments subordinating this Agreement as Landfill Owner may reasonably request; provided, however,that upon CCR's written request and notice to Landfill Owner, Landfill Owner shall use good faith efforts to obtain from any such mortgagee a written agreement that after a foreclosure(or a deed in lieu of foreclosure)the rights of CCR shall remain in full force and effect during the term of this Agreement so long as CCR shall continue to recognize and perform all of the covenants and conditions of this Agreement. Page 23 of 44 8.1.17. CCR shall not sublease the Site nor any part of the Site, or grant any concession or license within the Site,without the express written consent of the Landfill Owner's governing body,such consent being within the sole discretion of the Landfill Owner's governing body, and any attempt by CCR to do any of the foregoing shall be void and of no effect. In the event of any such sublease,attempted sublease,or should CCR in any other nature of transaction allow or attempt to allow anyone to occupy the Site,or any portion thereof,the Landfill Owner shall upon such occurrence have the right and option to terminate and cancel this Agreement without recourse,effective upon 30 days'written notice to CCR at any time thereafter. In such an event, Landfill Owner may terminate and cancel this Agreement either as to the entire Site or as to only the portion thereof which CCR subleased,attempted to sublease,or otherwise allowed a third party's occupancy,concession,or license. CCR shall be liable for the fair market value of rents for the portion(s)of the Site used without consent of the Landfill Owner,such fair market value to be determined by resort to an appraisal report,which the Landfill Owner will obtain and the expense of which is to be included in the amount due from CCR. In the event the Landfill Owner elects to terminate this Agreement as to the aforesaid portion(s) of the Site, such reduction shall not in any way reduce the monthly rent amount due from CCR relating to any monthly non-generation of revenue or as holdover occupancy on the Site, as are addressed elsewhere in this Agreement. 8.1.18. In any event where the Landfill Owner consents to a sublease of the leasehold by CCR,CCR shall remain liable for the performance of all terms,conditions,covenants, duties,and obligations of this Agreement including,without limitation,the obligation to pay any and all sums required by this Agreement to be paid and faithful adherence and performance of all indemnity provisions provided in this Agreement unless and until CCR has been released from such liability in writing by the Landfill Owner's governing body. 8.1.19. Non-exclusive ingress and egress from the boundary of the Site to the nearest interior roadway within the Landfill is provided to CCR as part of this Agreement. In no event may such ingress and egress be deemed or construed to be any manner of easement nor shall CCR obtain, at any time during the Term of this Agreement, a cognizable interest in such ingress and egress except for the sole purpose of accessing the Site. Any improvements desired by CCR to such ingress and egress area shall be at CCR's sole expense and coordinated in advance with management staff at the Landfill. 8.2. GCCS Access. 8.2.1. Effective immediately, but not before insurance documents are provided to the Landfill Owner, the Landfill Owner shall allow CCR non-exclusive access to the Landfill solely for the purposes of constructing, operating, and maintaining CCR's Facilities and connecting same to the GCCS. 8.2.2. CCR is not granted any ownership or leasehold rights to the Landfill, other than specifically the leasehold rights in the Site that CCR has leased pursuant to this Agreement. Expiration or the earlier termination of this Agreement in accordance with the terms and conditions of this Agreement also serves to automatically terminate CCR's leasehold interest in the Site without further action or notice required by the Landfill Owner. Page 24 of 44 ARTICLE IX. REPRESENTATIONS AND WARRANTIES 9.1. Landfill Owner Representations and Warranties. Landfill Owner warrants and represents to CCR that: 9.1.1. The Landfill Owner has all requisite power and authority to own its property and assets and execute and deliver this Agreement and perform its obligations hereunder. 9.1.2. The execution,delivery and performance of this Agreement have been duly authorized by,or are in accordance with,its organizational instruments;this Agreement has been duly executed and delivered for the Landfill Owner by the signatories so authorized; and this Agreement constitutes its legal,valid and binding obligation,enforceable against the Landfill Owner in accordance with the terms hereof subject to the bankruptcy, insolvency, fraudulent conveyance,transfer,reorganization and similar laws relating to or affecting the Landfill Owner's rights generally,and general principles of equity. 9.1.3. The execution, delivery and performance of this Agreement will not conflict with,violate or result in a breach of or constitute a default under,any agreement,lease or instrument to which Landfill Owner or by which Landfill Owner or Landfill Owner's properties may be bound or affected, or create or cause the imposition of any mortgage, pledge, lien, security interest or other encumbrance under any term or condition of any mortgage,indenture or other agreement or instrument as to which Landfill Owner or any of Landfill Owner's properties are bound or affected. 9.1.4. The Landfill Owner represents and warrants that, as of the Effective Date, (a) the Landfill Owner has in place all necessary permits and licenses to operate and maintain the GCCS;(b)there are no liens and encumbrances against the GCCS,other than those liens in favor of its senior and mezzanine lenders and its bonding company;and(c)there are no claims existing,or potential claims existing or threatened,against the Landfill Owner as a result of the ownership or operation of the GCCS. 9.1.5. As of the Effective Date,there is no action,suit or proceeding,at law or in equity,or official investigation before or by any court or governmental authority, pending,or to the best of the Landfill Owner's knowledge, threatened against it, wherein an anticipated decision, ruling or finding would be reasonably likely to materially and adversely affect the performance of the Landfill Owner's obligations hereunder or the performance of the Landfill Owner's obligations under the transactions contemplated hereby or be reasonably likely to adversely and materially affect the validity or enforceability of this Agreement. To the best of the Landfill Owner's knowledge,there is no outstanding order,writ,injunction,decree,judgment or award by any court, arbitration panel or other government entity against or affecting it, its business,operations,or properties,or that would be reasonably likely to adversely and materially affect the performance of the Landfill Owner's obligations hereunder. Page 25 of 44 9.2. CCR Representations and Warranties. CCR warrants and represents to Landfill Owner that: 9.2.1. CCR is duly organized, validly existing and in good standing under the laws of Texas,is duly authorized to conduct business in the State of Texas,and has all requisite power and authority to own its property and assets and execute and deliver this Agreement and perform its obligations hereunder. 9.2.2. As of the Effective Date,there is no action,suit or proceeding,at law or in equity,or official investigation before or by any court or governmental authority, pending,or to the best of CCR's knowledge,threatened against it,wherein an anticipated decision,ruling or finding would be reasonably likely to materially and adversely affect the performance of CCR's obligations hereunder or the performance of CCR's obligations under the transactions contemplated hereby or be reasonably likely to adversely and materially affect the validity or enforceability of this Agreement. To the best of CCR's knowledge,there is no outstanding order, writ,injunction,decree,judgment or award by any court,arbitration panel or other government entity against or affecting it,its business,operations,or properties,or that would be reasonably likely to adversely and materially affect the performance of CCR's obligations hereunder. 9.2.3. CCR has the technical expertise and financial ability to perform its obligations under this Agreement. 9.2.4. The execution,delivery and performance of this Agreement have been duly authorized by,or are in accordance with,its organizational instruments;this Agreement has been duly executed and delivered for CCR by the signatories so authorized;and this Agreement constitutes its legal,valid and binding obligation,enforceable against CCR in accordance with the terms hereof subject to the bankruptcy, insolvency, fraudulent conveyance, transfer, reorganization,and similar laws,and general principles of equity. ARTICLE X. ASSIGNMENT AND TRANSFER 10.1. Assignment by Landfill Owner. Landfill Owner may assign or transfer its specific right to receive royalties hereunder to a third-party at any time without the consent of CCR. As to all other rights, obligations, and interests hereunder excluding Landfill Owner's specific right to receive royalties, Landfill Owner may assign the same to a third-party upon the sale of Landfill Owner's entire interest in the Landfill with the consent of CCR,which consent shall not be unreasonably withheld,conditioned, or delayed. Excluding the right to receive royalties, the Landfill Owner may assign all or substantially all its interests hereunder only if the assignee assumes all of Landfill Owner's obligations hereunder,confirmed in writing to CCR. 10.2. Assignment by CCR. CCR may assign or transfer all or a portion of its rights,obligations and interests hereunder to any Affiliate of CCR with the written consent of the Landfill Owner's governing body, which Page 26 of 44 consent shall not be unreasonably withheld, conditioned, or delayed; provided that, any such assignment shall not relieve CCR of any liabilities or obligations under this Agreement. CCR may assign all or substantially all its interests hereunder to a non-Affiliate upon the sale of CCR's entire interest in CCR's Facility at any time with the written consent of the Landfill Owner's governing body, which consent shall not be unreasonably withheld, conditioned, or delayed. 10.3. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon CCR and Landfill Owner and their authorized successors and assigns. ARTICLE XI. INSURANCE 11.1. Insurance Policies. CCR shall obtain,maintain,and keep in force during the Term of this Agreement,at CCR's sole expense, the minimum insurance coverage, either by one or more policies, including in combination with an excess liability policy, as are specified and detailed in Exhibit 4 to this Agreement,such exhibit being attached and incorporated by reference into this Agreement as if fully set out here in its entirety. In compliance with 8.2.1 of this Agreement,within ten(10)days of the Effective Date,and on each annual anniversary of the Effective Date thereafter,CCR shall provide Certificates of Insurance and Declarations pages of policies(including schedules attached to such Declarations pages) to the Landfill Owner evidencing the required coverage. Except for Workers' Compensation policy(ies), all insurance shall be primary and non-contributory, shall include completed operations coverage, and shall include contractual liability insurance covering CCR's indemnity obligations under Section 12.1. The Landfill Owner shall have the right at any time to review and request the adjustment of the coverage,form,and/or amount of insurance required to be provided by CCR during the Term of this Agreement. 11.2. Notification of Cancellation/Changes. The policies of insurance in Section 11.1 shall contain a provision or endorsement that the coverage afforded will not be cancelled,materially changed or renewal refused until at least thirty (30) days prior written notice has been given to CCR and the Landfill Owner. CCR shall provide notification of cancellation or change in insurance carriers or agencies to the Landfill Owner at least 30 days prior to such cancellation or change. CCR's notification shall include current certificates of insurance satisfactory to the Landfill Owner. 11.3. Contractors and Subcontractors. CCR shall require all contractors and subcontractors to provide insurance meeting or exceeding the requirements of Sections 11.1 and 11.2. In lieu of this requirement, CCR may provide coverage for contractors and subcontractors by obtaining an endorsement to each policy which lists by name the contractors and subcontractors as additional insureds, provided the insurance afforded to such contractors and subcontractors is the same as that afforded to CCR, Page 27 of 44 with proof of such coverage provided to the Landfill Owner,as required in Exhibit 4, in advance of any contracted or subcontracted work or services. ARTICLE XII. INDEMNIFICATION 12.1. Indemnification. LANDFILL OWNER, TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS CCR AND ITS MANAGERS, OFFICERS, MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "CCR INDEMNIFIED PARTIES") AND EACH OF THEM, FOR, FROM AND AGAINST, ANY AND ALL LOSSES,WHETHER THREATENED OR ACTUALLY INCURRED, BUT ONLY TO THE EXTENT CAUSED BY(1) THE NEGLIGENCE TO ANY DEGREE,ACTIVE OR PASSIVE AND WHETHER SOLE, JOINT, INTERVENING OR SUPERSEDING OR CONCURRENT, RECKLESSNESS OR INTENTIONAL OR WILLFUL MISCONDUCT UNDER ANY LEGAL OR EQUITABLE THEORY OF LANDFILL OWNER OR ANY OF ITS AGENTS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES IN THE COURSE OF PERFORMING ITS OR THEIR DUTIES AND OBLIGATIONS HEREUNDER OR ALL OR ANY PART OF THIS AGREEMENT, (11) OR ANY BREACH OF THIS AGREEMENT BY LANDFILL OWNER, EXCEPT TO THE EXTENT SUCH LOSSES ARE CAUSED BY A BREACH OF THIS AGREEMENT BY ANY CCR INDEMNIFIED PARTIES OR THEIR NEGLIGENCE TO ANY DEGREE, ACTIVE OR PASSIVE AND WHETHER SOLE, JOINT, INTERVENING OR SUPERSEDING OR CONCURRENT, OR THEIR RECKLESSNESS OR INTENTIONAL OR WILLFUL MISCONDUCT UNDER ANY LEGAL OR EQUITABLE THEORY. CCR,TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW,SHALL PROTECT, DEFEND, INDEMNIFY, AND HOLD HARMLESS LANDFILL OWNER AND ITS MANAGERS, OFFICERS, MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "LANDFILL OWNER INDEMNIFIED PARTIES")AND EACH OF THEM,FOR,FROM AND AGAINST, ANY AND ALL LOSSES WHETHER THREATENED OR ACTUALLY INCURRED, BUT ONLY TO THE EXTENT CAUSED BY (1) THE NEGLIGENCE TO ANY DEGREE, ACTIVE OR PASSIVE AND WHETHER SOLE, JOINT, INTERVENING OR SUPERSEDING OR CONCURRENT, RECKLESSNESS OR INTENTIONAL OR WILLFUL MISCONDUCT UNDER ANY LEGAL OR EQUITABLE THEORY OF CCR OR ANY OF ITS AGENTS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES IN THE COURSE OF PERFORMING ITS OR THEIR DUTIES AND OBLIGATIONS HEREUNDER OR ALL OR ANY PART OF THIS AGREEMENT, (11) OR ANY BREACH OF THIS AGREEMENT BY CCR, EXCEPT TO THE EXTENT SUCH LOSSES ARE CAUSED BY A BREACH OF THIS Page 28 of 44 AGREEMENT BY ANY LANDFILL OWNER INDEMNIFIED PARTIES OR THEIR NEGLIGENCE TO ANY DEGREE, ACTIVE OR PASSIVE AND WHETHER SOLE,JOINT, INTERVENING OR SUPERSEDING OR CONCURRENT, OR THEIR RECKLESSNESS OR INTENTIONAL OR WILLFUL MISCONDUCT UNDER ANY LEGAL OR EQUITABLE THEORY. CCR SHALL AT ALL TIMES REMAIN FULLY RESPONSIBLE FOR THE ACTS,INSURANCE,FEES, COSTS, BILLINGS, DECISIONS AND OMISSIONS OF ITS OWN EMPLOYEES AND SUCH THIRD PARTIES AS CCR MAY RETAIN, REGARDLESS OF THE EXTENT OF ITS CONTROL OVER THE PERFORMANCE OF SUCH THIRD PARTIES SO RETAINED. LANDFILL OWNER SHALL AT ALL TIMES REMAIN FULLY RESPONSIBLE FOR THE ACTS, INSURANCE,FEES,COSTS,BILLINGS,DECISIONS AND OMISSIONS OF ITS OWN EMPLOYEES AND SUCH THIRD PARTIES AS LANDFILL OWNER MAY RETAIN, REGARDLESS OF THE EXTENT OF ITS CONTROL OVER THE PERFORMANCE OF SUCH THIRD PARTIES SO RETAINED. NOTHING IN THIS AGREEMENT WAIVES NOR ACTS TO WAIVE THE POTENTIAL EXERCISE, OR EXERCISE, OF THE LANDFILL OWNER'S PRIVILEGES AND IMMUNITIES INHERENT IN ITS SOVEREIGN IMMUNITY AND GOVERNMENTAL IMMUNITY ASATEXAS HOME-RULE MUNICIPAL GOVERNMENT. 12.2. Notice of Claims. If any Landfill Owner Indemnitee or CCR Indemnitee believes that it has suffered or incurred or will suffer or incur any Losses for which it is entitled to indemnification, such Indemnified Party shall notify the Indemnifying Party within twenty (20) days after such Indemnified Party becomes aware of the Losses for which such Indemnified Party is claiming indemnification.The failure of any Indemnified Party to give any notice required by this Article shall not affect any of such party's rights, except to the extent that such failure is prejudicial to the rights of the Indemnified Party or to the ability of the Indemnifying Party to defend. 12.3. Third Party Claims. 12.3.1. If an Indemnified Party gives notice to the Indemnifying Party of a proceeding by a third party,the Indemnifying Party will be entitled to assume the defense of such proceeding with counsel reasonably satisfactory to the Indemnified Party, unless (i) the Indemnifying Party is also a party to such proceeding and the Indemnified Party determines in good faith that joint representation would be inappropriate, (ii)the Indemnifying Party fails to provide written assurance to the Indemnified Party of its acceptance of responsibility to defend such proceeding and provide indemnification with respect to such proceeding and of its financial capacity to provide such defense and indemnification,(iii)the claim is asserted by a governmental authority or(iv)the claim involves the seeking of an injunction that could affect the Indemnified Party's business or operations, in which event the Indemnified Party shall be entitled to select counsel of its own choosing, reasonably satisfactory to the Indemnifying Party, and the Indemnifying Party shall be obligated to pay the fees and expenses of such counsel. Page 29 of 44 12.3.2. Except as set forth in Section 12.3.1. above, after notice from the Indemnifying Party to the Indemnified Party of its election to assume the defense of such proceeding, the Indemnifying Party will not, so long as it diligently conducts such defense, be liable to the Indemnified Party for any fees of other counsel or any other expenses with respect to the defense of such proceeding,in each case subsequently incurred by the Indemnified Party in connection with the defense of such proceeding,other than reasonable costs of investigation. 12.3.3. If the Indemnifying Party assumes the defense of a proceeding: (i) no compromise or settlement of such claims may be effected by the Indemnifying Party without the Indemnified Party's consent,which consent may not be unreasonably withheld or delayed,unless the sole relief provided is monetary damages that are paid in full by the Indemnifying Party,and (ii)the Indemnified Party will have no liability with respect to any compromise or settlement of such claims effected without its consent. 12.4. Indemnification Rights Not Exclusive. The rights to indemnification set forth herein are not intended to be exclusive of any other right or remedy otherwise available to either Party. All rights hereunder shall be cumulative and in addition to all other rights and remedies. ARTICLE XIII. MISCELLANEOUS 13.1. Mediation. 13.1.1. If a dispute arises out of or relates to this Agreement,the relationships that result from this Agreement,the breach of this Agreement, or the validity or application of any of the provisions of this Agreement, the Parties shall first attempt to settle the dispute through negotiation of senior managers within each respective Party within ten (10) days after receipt by a Party of written notice of such dispute. The location,form,frequency,duration,and conclusion of such a negotiation will be left to the discretion of the respective senior managers. If the dispute cannot be settled through such negotiation,the dispute may be resolved by non- binding mediation. Either Party may submit the dispute to non-binding mediation following notice to the other party. 13.1.2. Within fourteen (14) days following the expiration of the time period for informal negotiations under 13.1.1,the Parties shall propose and agree upon a neutral and qualified mediator service or provider. The Parties agree that any mediation conducted pursuant to this Agreement shall be held in Corpus Christi,Texas,at a location mutually acceptable to the Parties.The period for mediation shall commence upon the appointment of the mediator and shall not exceed sixty(60)days,unless such time period is modified by written agreement of the Parties.The decision to continue mediation shall be in the sole discretion of each Party involved in the dispute.The Parties shall bear their own costs of the mediation regardless of the outcome of the mediation. The mediator's fees shall be shared equally by the Parties. 13.1.3. If the Parties resort to legal action for the enforcement or interpretation of this Agreement or for damages on account of a breach hereof, the prevailing party shall be entitled to an award of its fees and costs(whether taxable or not),including,without limitation, Page 30 of 44 expert witness fees, all litigation or dispute resolution related expenses, and reasonable attorneys'fees incurred in connection with such action,which award shall be made by the court, and not a jury, if applicable.The ability of each Party to terminate this Agreement as provided herein shall in no way affect each Party's right to proceed against the other,without exercising such right to terminate. 13.2. Notices. All notices, certificates, consents or other communications required or permitted to be given or made under this Agreement shall be in writing and shall be deemed properly served (i) if by hand delivery, on the day and at the time on which delivered to the intended recipient at the address set forth in this Agreement;(ii)if by mail,on the third(3")business day after the day on which deposited in the United States certified mail,postage prepaid,return receipt requested, addressed to the intended recipient at its address set forth in this Agreement;or(iii)if by Federal Express or other reputable express mail service for overnight delivery,on the next business day after delivery to such express mail service,addressed to the intended recipient at its address set forth in this Agreement. All notices required or permitted to be served upon either Party hereunder will be directed to: if to CCR: Corpus Christi Renewables, LLC Attn:Paul Morrow,President 10818 West County Road 72 Midland,TX 79707 with copies to: Morrow Energy, LLC Attn:Steve McCain,General Counsel 5615 Knobby Knoll Dr. Houston,TX 77092 if to Landfill Owner: City of Corpus Christi Attn: Director of Solid Waste Services 1201 Leopard St. Corpus Christi,TX 78401 with copies to: City of Corpus Christi Attn: City Attorney P.O.Box 9277 Corpus Christi,TX 78469-9277 CCR and Landfill Owner may,by notice given hereunder,designate any further or different addresses to which notices, certificates, or other communications shall be sent; provided that, any such notice will be deemed given only upon actual receipt. Additionally, for purposes of informal day-to-day communications,the Parties shall exchange emergency contact information and provide updated information to the other Party within a reasonable time should such contact information changes. Both parties shall,not less than 30 days prior to the beginning of the annual Page 31 of 44 hurricane season (which occurs on June 1, unless an earlier date is determined and set by the National Hurricane Center), review and provide updated emergency contact information to the other party. 13.3. Entire Agreement. This Agreement constitutes the entire agreement between the Parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings between the parties relating to the subject matter hereof. All attachments and Exhibits attached hereto are incorporated herein by this reference. 13.4. Third Party Beneficiaries;Amendments. This Agreement is not intended to confer upon any Person other than the Parties hereto any rights or remedies hereunder. No provision of this Agreement creates a third-party claim against the Landfill Owner nor CCR beyond that which may legally exist in the absence of any such provision. Nothing contained in this Agreement shall be deemed or construed by the Parties hereto, or any third party, as creating a relationship of principal and agent, partners, joint venturers, or any similar such relationship between the Parties to this Agreement. It is understood and agreed that neither the method of computation of rent,charges,or fees,nor of any other provision contained in this Agreement, nor any acts of the Parties hereto, creates a relationship other than one of lessor and lessee or of landlord and tenant. This Agreement may not be amended or altered except by the written agreement of CCR and Landfill Owner by authorized representatives of the respective parties. Any amendment requiring approval by the Landlord Owner's governing body pursuant to its municipal charter must be submitted for pre- approval by CCR and placement on an agenda of the governing body. 13.5. Severability. If any term or provision of this Agreement is determined by a court to be invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, except as it might be necessary to effectuate the intent of the Parties, and each remaining provision of this Agreement shall be deemed valid and be enforceable to the fullest extent permitted by law. In lieu of any term or provision held to be illegal,invalid,or unenforceable, it is the Parties'intention that there be added and incorporated,as a part of this Agreement,a term or provision as similar in nature to such illegal,invalid,or unenforceable term or provision as may be possible,yet be legal,valid,and enforceable. 13.6 Non-appropriation; Fiscal Year.The Parties acknowledge that the Landfill Owner is a Texas home-rule municipal government that may only incur and expend currently budgeted funds in compliance with the Texas Constitution and the City Charter of the City of Corpus Christi. In this regard, by execution of this Agreement, CCR understands that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the Landfill Owner's governing body for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to CCR that a budget item providing for this Agreement and/or expenses that may be incurred pursuant this Agreement in any future fiscal budget will be Page 32 of 44 actually adopted, as that determination is within the sole discretion of the Landfill Owner's governing body at the time of adoption of each fiscal budget. 13.7. Governing Law;Venue. 13.7.1. Governing Law. All questions with respect to the construction of this Agreement and the rights,obligations,and liabilities of the Parties hereunder shall be determined in accordance with the laws and regulations of the State of Texas,without giving effect to any choice or conflict of law provision or rule(whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of anyjurisdiction other than the State of Texas. 13.7.2. Venue. The parties acknowledge and agree that proper venue for any action for the enforcement or interpretation of this Agreement or for damages on account of a breach,will be in the State of Texas,County of Nueces,where this Agreement has been entered into and is to be performed. Both Parties consent to venue as stated over them and agree that they will not challenge venue. 13.8. Confidentiality. 13.8.1.During the Term of this Agreement and for a period of five (5) years thereafter,neither Party(the"Receiving Party"),may,directly or indirectly,use or disclose,other than when required to do so in good faith in furtherance of the transactions contemplated by this Agreement, any"Confidential Information" of the other Party(the "Disclosing Party")that the Receiving Party may have acquired during the Term of this Agreement, unless the Receiving Party is required to do so by a lawful order of a court of competent jurisdiction,or any order or civil or criminal investigative demand by anygovernmental authority,or agency,or anysubpoena or law; provided, however, that before making any disclosure of Confidential Information pursuant to a such an order, law, or subpoena,the Receiving Party, if not prohibited by law or the terms of the order, subpoena, or request for disclosure, will provide notice of such order, disclosure request pursuant to law,or subpoena to the Disclosing Party to permit the Disclosing Party to challenge such order, request for disclosure, or subpoena if the Disclosing Party, in its sole discretion and at its sole expense,desires to challenge such order,request for disclosure,or subpoena or to seek a protective order preventing further disclosure of the Confidential Information. 13.8.2 The term "Confidential Information" means any secret, confidential, or proprietary information possessed by the Disclosing Party relating to its business(excluding this Agreement) that is or has been disclosed to the Receiving Party or of which Receiving Party becomes aware as a consequence of or through the Parties' relationship. Notwithstanding the above, Confidential Information shall not include any information that(i) was, at the time this Agreement was entered into, is, or becomes publicly available through no breach by the Receiving Party of this Agreement, (ii) has been independently developed or derived by the Receiving Party without reference to the Confidential Information,or(iii) has been obtained by the Receiving Party from a source under no duty of confidentiality to the Disclosing Party. Commented[EH7]:During the in-person meeting,CCR (Confidential Information does not include an executed copy of this Agreement. expressed a desire to keep their royalty price confidential; considered to be proprietary trade information that may place CCR at a competitive disadvantage. CCR needs to propose and insert narrow language in an attempt to accomplish this,or decide to forego such opportunity. Page 33 of 44 13.8.3. The Receiving Party shall be responsible for any violation of these confidentiality obligations by its employees,advisors,lenders,sources of capital or other agents. 13.9. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit,or describe the scope or intent of any provisions of this Agreement. 13.10. NoJointVenture. Nothing in this Agreement shall be deemed to constitute either party a partner,agent,or legal representative of the other party or to create any joint venture or fiduciary or other relationship between the parties. 13.11. Remedies and Damage Limitations. No remedy provided in this Agreement is exclusive of any other available remedy or remedies under law or in equity.NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR AMOUNTS REPRESENTING INDIRECT,INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO SUCH CONSEQUENTIAL DAMAGES AS LOSS OF BUSINESS, MARKETS, VOLUMES, CONTRACTS OR PROSPECTIVE PROFITS AND GOODWILL AND REGARDLESS OF WHETHER ANY SUCH CONSEQUENTIAL DAMAGES WERE KNOWN TO ONE OR BOTH PARTIES OR,IF UNKNOWN TO EITHER PARTY OR BOTH, SHOULD HAVE BEEN KNOWN TO EITHER OR BOTH PARTIES OR WITHIN THEIR REASONABLE CONTEMPLATION BASED ON THEIR EXPERIENCE IN THE SUBJECT MATTER OF THIS AGREEMENT AND THE INDUSTRY TO WHICH IT PERTAINS. 13.12. Time is of the Essence. Time is of the essence with respect to all dates and time periods set forth in this Agreement. 13.13. Waiver. To the extent permitted by law and excluding the required notice of Force Majeure, no delay or omission to exercise any right or remedy of a Party hereto shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be expedient. Any actual waiver of any provision of this Agreement shall be in writing and signed by the Party against whom it is to operate. For either Party to exercise any remedy hereunder,it shall not be necessary to give any notice other than as may be required in this Agreement. If any covenant contained in this Agreement should be breached by either Party and thereafter waived by the other Party,such waiver shall be limited Page 34 of 44 to the particular breach so waived and shall not be deemed to waive any other breach under this Agreement. 13.14. Days. All references to days in this Agreement shall refer to calendar days unless specified otherwise. [Signature Page Follows] Page 35 of 44 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in duplicate originals by their duly authorized,undersigned officers. Corpus Christi Renewables,LLC a Texas limited liability company By: Name:Paul D.Morrow Title: President Date: City of Corpus Christi By: Name: Title: Date: Approved as to form on behalf of the City: Assistant City Attorney Date Page 36 of 44 EXHIBIT 1 Blower-Flare Facility Commented[EH8]:Schematic was missingconnectionpoint. Staff to resolve prior to finalizing contract. Commented[EH9R8]:Incorporate into final doe. Page 37 of 44 EXHIBIT 2 Site D2SCfl ptlonCommented[EH10]:Survey was pending.To be completed and provided by CCR for review by City staff before contract can be finalized. Commented[EH11R10]:Survey to be incorporated into final doe. Page 38 of 44 EXHIBIT 3 (List of Specific Duties) TASK LIST PHYSICAL FINANCIAL RESPONSIBILITIES RESPONSIBILITH CITY CONTRACTOR CITY CONTRAC" Gas Collection System Installations.Operation&Maintenance Providing vacutun to the wellfield X X Monitorinewellfield X X Extraction Wells—installation,operation,maintenance,and X X monitorin Horizontal collectors—installation,operation,maintenance,and X X monitorin LFG Pining—installation,operation,maintenance,and monitoring X X LFG Valves—installation,operation,maintenance,and monitoring S X Condensate Stunn/Ptunns—installation,operation,maintenance,and Z X monitoring Airline piping—installation,operation,maintenance,and monitoring S X Condensate force main piping—installation,operation,maintenance, Z X and monitorin Electrical condtut—installation,operation,maintenance,and X X monitorin Maintenance of monitoring instnunents(owned by developer) S X Perimeter LFG Probes Quarterly LFG probe Monitoring X_ X_ Maintain Records of probe readings X X_ Submittal of Probe Reports to State X X_ Maintenance/repair of probes(to be determined based on need) X X_ Remiatory Issues NSPS surface emission monitoring(includes remonitoringl X X_ NSPS wellhead monitoring(includes remonitoring) X X Starhip,Shutdown,&Malfimction(SSM)recordkeeying/reportine X l Maintain records of well X X General Landfill cover maintenance X X Emission Fees(flare) X_ X_ Emission Fees(landfill) Emission Fees(enerev) X X_ Recordkeepine(flare data) X_ X_ Recordkeenine(energv data) X_ X_ Compliance Investigation X X Grotmdwater remediation due to LFG impacts—coordination with X X state Grotmdwater remediation due to LFG impacts X_ X_ Probe remediationdue to LFGmieration—coordination with state X_ X_ Probe remediation due to LFG migration X X Odor remediation related to LFG—coordination with state X X Odor remediation related to LFG X X Subsurface combustion related to LFG system—coordination with X Y state Subsurface combustion related to LFG system X X_ Monthly GHG methane readings(flare) S X_ Monthlv GHG methane readings(enerev) X X_ Reporting Semi-aumual NSPS Report to State Authority(Landfill) X X_ Semi-annual NSPS Report to State Authority(energy) X X Semi-annual Title V Report to State Authority—Landfill permit X X_ landfill) Semi-annual Title V Report to State Authority—Landfill permit X X_ ener Semi Annual SSM report to State Authority(Landfill) S X Semi Annual SSM reportto State Authority(enerev) X X Page 39 of 44 CITY CONTRACTOR CITY CONTRACTOR Reporting fcontinuedl Emission Inventory report for Landflll/flare to State Arrthority X X Emission Inventory report for energy facility to State Arrthority X_ X_ Anmral GHG Reporting to EPA(Landfill) X X_ Anmral GHG Reporting to EPA(energy) X X TCEO MSW Annual Report(Landfill) X X TCEO MSW Annual Report(energy) X X Flare and Blower Svstem(Owned by the City) Blower and flare s,stein maintenance X X Blower and flare systerrr operation Z X General record keeping maintained on site X X Propane X X Calibration gas X X Calibrating flare flow meter X X Spare parts for inventory(flare system) X X Air Compressor X X Nitrogen bottle X X Blower and flare system repairs X X Flare visible emission observations X X Flare and Blower System(Owned by Developer) Blower and flare system maintenance X_ X Blower and flare system operation X X General record keeping maintained on site X X Propane X X Calibration gas X X Calibrating flare flow meter X X Spare parts for inventory(flare system) X X Air Compressor X X Nitrogen bottle X X Blower and flare system repairs X X Flare visible emission observations X X Grounds Maintenance-Well Field Mowing of well field X X General Landfill cover maintenance X X Weed whipping for access(wells,probes,valves) X X Probe bollard repairs X X Upkeen of leased area X X GCCS Repairs Piping repairs due to Landfill equipment or personnel X X Piping repairs not caused by Landfill eg iyinent or personnel Z Z Cover repairs caused by landfill or erosion X Z Cover repairs caused by contractor X_ X Substuface well repairs S X Condensate Sturm repairs X X GCCS expansions in the Landfill(construction,engineering, X X gmrittin CCS ex sions C A-Asa licable/if need l l Commented[EH15]:To be resolved by CCR in new Exhibit 3. Condensate Disposal orcemain connection to existing sewer connection future TBD kCommented[EH16]:Staff to review and resolve prior to final Condensate disposal(fieldaurins) X XCondensate disposal(energy facility ernripment) X nted[EH17]:To be resolved by CCR in new Exhibit 3. Meters SalesFlowMeter X Calibrating Sales Flow Meter X MethaneBTUAnalyzer X Calibrating Methane/BTU Analyzer X CITY CONTRACTOR CITY CONTRACTOR Meters fcontinuedl Data Recorder(Flow and Methane/BTU) S X Pitot Tube Z X Monitoring Port S X Page 40 of 44 EXHIBIT 4 INSURANCE REQUIREMENTS 1. LESSEE'S/CCR'S LIABILITY INSURANCE A. Lessee/CCR must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any contractor or subcontractor to commence work until all similar insurance required of the Lessee has been obtained by the contractor or subcontractor. B. Lessee must furnish to the City's Risk Manager and Director of Solid Waste Services one (1)copy of Certificates of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. The project name and/or number must be listed in the Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $1,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Underground Hazard 7. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased UMBRELLA/EXCESS LIABILITY $5,000,000 Per Occurrence Must Provide Coverage Over: 1. Commercial General Liability 2. Auto Liability 3. Pollution Liability 4. Workers Comp/Employer's Liability BUILDER'S RISK Coverage limit shall be in the amount of the All Perils including Collapse total cost of the project. PERSONAL PROPERTY INSURANCE Lessee shall be responsible to insure/self- insure all personal property on the job site whether owned,leased,or rented. Page 41 of 44 WORKERS'COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 POLLUTION LIABILITY $2,000,000 Per Occurrence (Including Cleanup and Remediation) PROFESSIONAL LIABILITY $2,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy,retro date must be at or prior to inception of Agreement, have extended reporting period provisions and identify any limitations regarding who is insured. INSTALLATION FLOATER Value of the Equipment and Materials CRIME/EMPLOYEE DISHONESTY $100,000 Per Claims Made Lessee shall name the City of Corpus Christi, Texas as Loss Payee (Insurance Limit Subject to Change Based on Risk Review of Actual Receipts) C. In the event of accidents of any kind related to this Agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M.Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change.Lessee shall pay any costs incurred resulting from said changes.All notices under this Article shall be given to City at the following address: Page 42 of 44 City of Corpus Christi Attn:Risk Manager P.O.Box 9277 Corpus Christi,TX 78469-9277 D. Lessee agrees that,with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers'compensation policy; • Provide for an endorsement that the"other insurance"clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City;and • Provide 30 calendar days advance written notice directly to City of any,cancellation,non- renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation,non-renewal,material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s)if any,which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its contractor's or its subcontractor's performance of the work covered under this Agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this Agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this Agreement. Page 43 of 44 2022 Insurance Requirements Ins.Req.Exhibit Landfill Gas-To-Energy Project-Cefe Valenzuela 11/17/2022 Risk Management—Legal Dept. Page 44 of 44 Ordinance authorizing a 30-year ground lease, with two five-year options to extend, with Corpus Christi Renewables, LLC, of Midland for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment; providing for an effective date; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City Manager, or his designee ("City Manager"), is authorized to execute a 30-year ground lease ("Lease"), with two five-year options to extend, with Corpus Christi Renewables, LLC ("Lessee"), of Midland for the development, management, operation, and sale of processed landfill gas at the Cefe Valenzuela Landfill in exchange for a monthly royalty payment, as stated in the Lease. SECTION 2. The Lease is effective, following execution by the City Manager, on the 61St day following final approval of the City Council. SECTION 3. The Lessee shall pay all newspaper publication costs associated with the granting of this Lease, as required by the City Charter. 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 Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor RIFIR N,3940 L-dfill GI,t,E-W M M M- I --P�iw I- 1p,q—,.bl, I-— I Cy.wyd,PA P. M I I 'Ah,11 lidll—,11 Midi.d- 1— 1— P— I— I— I— 1— 1— N, I Y111, ==9 N. I y.- 1. -11 -d —ii I- -d I -d I N/. N/� N/. N/. N/. N/� I I I I Nl N/. N/� N/. N/. N/. N/� N/. I N/. N/� N/. N/. N/. N/� I I I N/. 7— SERVICES Landfill Gas to Energy Proposal December 20, 2022 Current Cefe Landfill Flare Landfills are some of the largest emitters of green house gases and are highly regulated by the EPA. To meet EPA and TCEQ rules and regulations the landfill gas is burned in flares at both Cefe and J.C. Elliot. The maintenance and expansion costs for the landfill gas collection system are borne by the Solid Waste Disposal Budget. The landfill gas collection system must be expanded approximately every 5 years, costing $400,000 to $1,000,000 each time. O�\O w 4X Landfill Gas to Energy SERVICES 48016 48042 1 02 5 8-480008g2778 448012848033 48041 48027% 48018 48032 48026 There are 121 Landfill Gas to Energy 0asoza projects in the State of Texas utilizing a variety of treatment processes. 148019 a 8008 48029 480061777 0 48043c,48025 48039 48005 48034 48009 48015 4 48036 8040 O Facility Location EIRE ..4� 480 O Landfill Gas to Energy SERVICES • There are three ways to use Landfill Gas • Burn the methane to generate electricity • Clean the methane to create pipeline quality gas • Sell to an industrial client for internal use • Each method has pros and cons dependent on • Landfill size and composition • Location of distribution lines Landfill Gas to Energy Proposal • 12 companies responded to our RFP, including proposers from Spain, France and Canada. • Through the R process the . FP c s Morrow Energy (Corpus Christi Renewables) proposal _., -` - to convert the Landfill Gas to { *" pipeline quality gas was r IL determined to be our best option. • Several natural gas pipelines cross the landfill property and provide easy access to the natural gas markets with maximum potential green "" Y energy credits. Staff Recommendations Staff recommends approving the motion authorizing the land lease and the contract with Corpus Christi Renewables to design, build and operate a landfill gas to energy facility located at the Cefe Valenzuela Landfill. 4pUS C GO U AGENDA MEMORANDUM NOAP 0 P PS E 1852 Action Item for the North Padre Island Development Corporation Meeting of December 20, 2022 DATE: December 12, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Procurement Heatherh3(a-)cctexas.com (361) 826-3227 North Padre Island Development Corporation Meeting CAPTION: Meeting of the North Padre Island Development Corporation SUMMARY: The North Padre Island Development Corporation (NPIDC) must meet to dissolve the Corporation since the purpose of the Corporation has been fulfilled. The agenda will consist of the following action items: • Motion to terminate the Tri-Party Agreement • Resolution to dissolve the Corporation BACKGROUND AND FINDINGS: Items included on the meeting agenda: • Approval of August 20, 2021 Meeting Minutes • Treasurer's Report • Motion authorizing the termination of the Tri-Party Agreement between the City of Corpus Christi, the Tax Increment Reinvestment Zone (TIRZ) #2, and the NPIDC • Resolution authorizing the dissolution the NPIDC The NPIDC is a local government corporation that was formed to issue 20-year bonds to construct Packery Channel. The bonds were repaid from the tax increment generated from TIRZ #2. The NPIDC managed the funds and used them: (1) to repay the bonds and other obligations; (2) to cover administrative expenses of the TIRZ #2; and (3) for other approved TIRZ #2 projects consistent with the project plan. The bonds were repaid in full as of September 15, 2022, and as a result, there is no longer a need for the NPIDC. All funds have been transferred from the NPIDC to TI RZ #2. RECOMMENDATION: Staff recommends approving all items as presented in the NPIDC Agenda. LIST OF SUPPORTING DOCUMENTS: Agenda August 20, 2021, Meeting Minutes Treasurer's Report Motion —Authorizing the Termination of the Tri-Party Agreement Resolution —Authorizing the Dissolution of the NPIDC AGENDA NORTH PADRE ISLAND DEVELOPMENT CORPORATION MEETING Date: Tuesday, December 20, 2022 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street Corpus Christi, Texas 78401 1. Call meeting to order: Secretary Rebecca Huerta calls roll. Board of Directors Officers Greg Smith, President Peter Zanoni, Executive Director Paulette Guajardo, Vice-President Rebecca Huerta, Secretary John Martinez Heather Hurlbert, Treasurer Gil Hernandez Judy Villalon, Assistant Treasurer Billy Lerma Michael Hunter Ben Molina Roland Barrera Mike Pusley 2. Public Comment 3. Approve minutes from the Board meeting of August 17, 2021 4. Treasurer's Report 5. Motion authorizing the termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone#2, and the North Padre Island Development Corporation. 6. Resolution authorizing the dissolution of the North Padre Island Development Corporation; determining that the Corporation has served its public purpose; and determining that all debts and obligations have been paid in full. 7. Adjourn NORTH PADRE ISLAND DEVELOPMENT CORPORATION CITY HALL—COUNCIL CHAMBERS 1201 LEOPARD ST. TUESDAY,AUGUST 17, 2021 DURING THE CITY COUNCIL MEETING BEGINNING AT 11:30 A.M. PRESENT: Members Staff Greg Smith, President Peter Zanoni, Executive Director Paulette Guajardo, Vice-President Rebecca L. Huerta, Secretary John Martinez Heather Hurlbert, Treasurer Gil Hernandez Judy Villalon, Assistant Treasurer Billy Lerma Michael Hunter Ben Molina Roland Barrera Mike Pusley ABSENT: Members None 1. Call meeting to order President Smith called the meeting to order at 2:20 p.m. Secretary Rebecca L. Huerta called the roll and verified that the necessary quorum of the Board and the required officers were present to conduct the meeting. 2. Public Comment There were no comments from the public. 3. Election of Officers President Smith asked for nominations for President. Board member Barrera nominated Greg Smith as President, seconded by Board Member Molina, and passed unanimously. President Smith asked for nominations for Vice President. President Smith nominated Paulette Guajardo as Vice President, seconded by Board Member Hunter, and passed unanimously. President Smith nominated Peter Zanoni as Executive Director, Rebecca Huerta as Secretary, Heather Hurlbert as Treasurer, and Judy Villalon as Assistant Treasurer, seconded by Board Member Barrera, and passed unanimously. 4. Approval of the Minutes of the August 25, 2020 Meeting Board Member Barrera made a motion to approve the minutes, seconded by Vice-President Guajardo and passed unanimously. S.Treasurer's Report Treasurer Heather Hurlbert provided the Treasurer's Report, which included: revenues, expenditures, financial statements, and fund balance. President Smith asked if the City's match portion on the Packery Channel had anything allocated to it in the budget for repairs for Hurricane Harvey. Treasurer Heather Hurlbert responded saying yes full allocation is reserved in the CIP fund. 6. Motion approving expenditures in accordance with the proposed Tax Increment Reinvestment Zone#2 FY 2020-2021 budget. Board Member Barrera made a motion to approve Item 6, seconded by Vice-President Guajardo and passed unanimously. 7. Resolution amending and reaffirming the North Padre Island Development Corporation's Investment Policy and Investment Strategies for fiscal year 2020-2021. Treasurer Heather Hurlbert stated that in the City's Investment Policy and Strategies, the title in section 9 changed from "Collateral"to"Repurchase Agreement Collateralization"and that's the only change from the Investment Policy from last year. Board member Barrera moved a motion to approve item 7,seconded by President Smith and passed unanimously. 8.Adjourn There being no further business, President Smith adjourned the meeting at 2:45 p.m. North Padre Island Development Corporation Financial Report • NPIDC Board Meeting December 20, 2022 NPIDC Fund Financial Position for the Oil Twelve Months Ended September 30, 2022 Beginning FY22 Fund Balance $4,463,934 Revenues Year-to-Date $5,353,609 Expenditures Year-to-Date $1,680,201 Transfers Out $8,137,342 Ending Fund Balance September 30 $0 z 4pUS C GO U AGENDA MEMORANDUM NOAP 0 P PS E 1852 Action Item for the North Padre Island Development Corporation Meeting of December 20, 2022 DATE: December 12, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Procurement Heatherh3(a-)cctexas.com (361) 826-3227 North Padre Island Development Corporation Dissolution CAPTION: Motion to terminate the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone (TIRZ) #2, and the North Padre Island Development Corporation (NPIDC). Resolution authorizing the Dissolution of the North Padre Island Development Corporation; determining that the Corporation has served its public purpose and determining that all debts and obligations have been paid in full. SUMMARY: These actions will provide for a motion to terminate the Tri-Party Agreement between the City, NPIDC, and the TIRZ, and a resolution to approve the dissolution of the NPIDC since the debt has been paid in full and the purpose for the NPIDC no longer exists. BACKGROUND AND FINDINGS: The NPIDC is a local government corporation that was formed to issue 20-year bonds to construct Packery Channel. The bonds were repaid from the tax increment generated from TIRZ #2. The NPIDC managed the funds and used them: (1) to repay the bonds and other obligations; (2) to cover administrative expenses of the TIRZ #2; and (3) for other approved TIRZ #2 projects consistent with the project plan. The bonds were repaid in full as of September 15, 2022, and as a result, there is no longer a need for the NPIDC. All funds have been transferred from the NPIDC to TI RZ #2. This item provides for a motion to terminate the Tri-Party agreement and then dissolve the NPIDC. RECOMMENDATION: Staff recommends approving all items as presented to terminate the agreement and dissolve the NPIDC. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the dissolution of the North Padre Island Development Corporation; determining that the Corporation has served its public purpose; and determining that all debts have been paid. Be it resolved by the Board of Directors of the North Padre Island Development Corporation: Section 1. The purposes for which the North Padre Island Development Corporation was formed have been substantially met. Section 2. All bonds by and all obligations incurred by the North Padre Island Development Corporation have been paid in full. Section 3. The Directors of the North Padre Island Development Corporation are hereby authorized to sign the attached Certificate of Dissolution and record the same with the Secretary of State. Upon filing of the Certificate of Dissolution, the North Padre Island Development Corporation will be dissolved and all assets of the North Padre Island Development Corporation will be delivered to the City of Corpus Christi. PASSED AND APPROVED on the day of , 2022: Greg Smith Roland Barrera Paulette M. Guajardo Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley ATTEST: North Padre Island Development Corporation Rebecca Huerta Greg Smith City Secretary President CERTIFICATE OF DISSOLUTION OF NORTH PADRE ISLAND DEVELOPMENT CORPORATION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § WE,THE UNDERSIGNED directors of the North Padre Island Development Corporation, do hereby adopt the following Certificate of Disolution. ARTICLE I: NAME The name of the Corporation is the North Padre Island Development Corporation, a Texas non-profit local government corporation, filed on November 8, 2002, with Filing Number 800141221. ARTICLE II: GOVERNING PERSONS The names and addresses of each of the corporations governing persons (Board of Directors) are as follows: NAMES ADDRESSES Greg Smith 1201 Leopard St., Corpus Christi, TX 78401 Paulette Guajardo 1201 Leopard St., Corpus Christi, TX 78401 Roland Barrera 1201 Leopard St., Corpus Christi, TX 78401 Gil Hernandez 1201 Leopard St., Corpus Christi, TX 78401 Michael Hunter 1201 Leopard St., Corpus Christi, TX 78401 Billy Lerma 1201 Leopard St., Corpus Christi, TX 78401 John Martinez 1201 Leopard St., Corpus Christi, TX 78401 Ben Molina 1201 Leopard St., Corpus Christi, TX 78401 Mike Pusley 1201 Leopard St., Corpus Christi, TX 78401 ARTICLE III: REASON FOR WINDING UP OF CORPORATION On December 20, 2022, by resolution, the Board of Directors of the North Padre Island Development Corporation found that purposes for which the corporation was formed have been substantially met and all debts and obligations of the corporation have been paid in full. The City Council for the City of Corpus Christi has specifically authorized the dissolution of the Corporation by resolution on December 20, 2022. The undersigned authorized person acting on behalf of the named nonprofit corporation certifies that: 1. Any property of the nonprofit corporation has been transferred, conveyed, applied, or distributed in accordance with Texas law 2. There is no suit pending against the nonprofit corporation or that adequate provision has been made for the satisfaction of any judgment, order or decree that may be entered against the nonprofit corporation in a pending suit. 3. If the nonprofit corporation received and held property permitted to be used only for charitable, religious, eleemosynary, benevolent, educational, or similar purposes, but the nonprofit corporation did not hold the property on a condition requiring return, transfer, or conveyance because of the winding up and termination, that the distribution of that property has been effected in accordance with a plan of distribution adopted in compliance with State law for the distribution of that property. ARTICLE IV: EFFECTIVE DATE This document becomes effective when filed with the Texas Secretary of State. ARTICLE V: TERMINATION Upon termination of the Corporation, the title to all funds and property owned by the corporation shall be transferred to the City of Corpus Christi. APPROVED this day of , 2022. Greg Smith, President North Padre Island Development Corporation STATE OF TEXAS § COUNTY OF NUECES § personally appeared before me, and being first duly sworn declared that he/she signed this application in the capacity designated, if any, and further states that he/she has read the above application and the statements therein contained are true. Notary Public, State of Texas AUTHORIZED BY THE BOARD OF DIRECTORS: Paulette Guajardo, Vice President Roland Barrera, Director Gil Hernandez, Director Michael Hunter, Director Billy Lerma, Director John Martinez, Director Ben Molina, Director Mike Pusley, Director 4pUS C GO U AGENDA MEMORANDUM NOAP 0 P PS E 1852 Resolution for City Council Meeting of December 20, 2022 DATE: December 12, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Procurement Heatherh3(a-)cctexas.com (361) 826-3227 North Padre Island Development Corporation Dissolution CAPTION: Resolution authorizing termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone (TIRZ) #2, and the North Padre Island Development Corporation (NPIDC) and authorizing the dissolution of the North Padre Island Development Corporation. SUMMARY: This action provides for the termination the Tri-Party Agreement between the City, NPIDC, and the TIRZ#2 and the dissolution of the NPIDC since the debt has been paid in full and the purpose for the NPIDC no longer exists. BACKGROUND AND FINDINGS: The NPIDC is a local government corporation formed to issue the bonds for the Packery Channel Project. To repay the bonds, the NPIDC receives the tax increment funds from the TIRZ #2 and the City. The NPIDC manages the funds and uses them to repay the bonds and other obligations, to cover administrative expenses of the TIRZ #2, and for other approved TIRZ #2 projects consistent with the project plan. The bonds have been repaid in full as of September 15, 2022 so there is no longer a need for the NPIDC. All funds have been transferred to TIRZ #2 and all further TIRZ #2 activities will be funded through the TIRZ. This item provides for a motion to terminate the Tri-Party agreement and then dissolve the NPIDC. RECOMMENDATION: Staff recommends approving the termination of the agreement and the dissolution of the NPIDC. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Tax Increment Reinvestment Zone No. 2, and the North Padre Island Development Corporation; and authorizing dissolution of the North Padre Island Development Corporation. Whereas, the purpose for which the North Padre Island Development Corporation was created has been substantially fulfilled and all bonds issued by and obligations incurred by the North Padre Island Development Corporation have been paid in full; and Whereas, on December 20, 2022, the Board of Directors of the North Padre Island Development Corporation passed a resolution authorizing the dissolution of the corporation; Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or designee, is authorized to execute all documents necessary to effectuate the termination of the Tri-Party Agreement between the City of Corpus Christi, the Corpus Christi Reinvestment Zone No. 2, and the North Padre Island Development Corporation. Section 2. The City Council specifically authorizes the dissolution of the North Padre Island Development Corporation. PASSED AND APPROVED on the day of , 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: November 22, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Director of Finance and Procurement Heatherh3Ca)-cctexas.com (361) 826-3227 Reimbursement Resolution for Utility Capital Projects CAPTION: Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $270,000,000 for Utility System expenditures budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan but incurred before the issuance of the bonds. SUMMARY: The City of Corpus Christi is planning on awarding contracts for utility system capital projects included in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP) prior to the issuance of Utility System Revenue Bonds planned for the spring. This resolution is needed for the City to move forward with incurring capital costs and then reimburse itself for these costs with bond proceeds once issued. BACKGROUND AND FINDINGS: The City is planning on issuing Utility System Revenue Bonds to fund projects approved in the Fiscal Year 2022-2023 Utility System CIP. The City is able to award contracts for these projects prior to the issuance of bonds in order to move forward with the projects early in the fiscal year. The City plans on issuing bonds as funds are needed beginning in spring 2024 and will reimburse itself an amount not to exceed $270,000,000 for expenditures with the bond proceeds. This amount includes $43,451,107 in support of the stormwater utility, $118,710,827 in support of the water utility, $9,570,869 in support of the gas utility and $96,356,623 in support of the wastewater utility. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. It is not anticipated that the full amount will be committed prior to the bond issuance, but it is best practice to approve the reimbursement for the full amount. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the start of the projects until the bonds have been issued. FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available Utility System cash to begin awarding projects budgeted in the Fiscal Year 2022-2023 CIP. Once the Utility System Revenue Bonds are issued, the cash funds will be replenished with bond proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 2022-2023 CIP Project List RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $270,000,000 FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO;AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance costs associated with: (1)constructing,improving, enlarging, repairing, and extending the City's combined utility system and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (2)the payment of various engineering costs,including design testing, design engineering, and construction inspection related to the Construction Costs(the Engineering Costs), (3) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (4) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs)the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project); and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations)which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations) that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $270,000,000 to finance a portion of the costs of the Project; and 133500247.4 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution maybe relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation,the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, 133500247.4 and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 133500247.4 PASSED, ADOPTED AND APPROVED on this the 20th day of December, 2022. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 20th day of December, 2022: Miles Risley, City Attorney Signature page to the Resolution S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of December, 2022, relating to establishing the City's intention to reimburse itself in an amount not to exceed $270,000,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,this the 20th day of December, 2022. City Secretary (CITY SEAL) Signature page to the Resolution S-2 That the foregoing resolution was read and passed on this the 20th day of December, 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, this the 20th day of December, 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Signature page to the Resolution S-3 1 ■ FISCAL 1 ■ 2023 ■ PROGRAM ■ • ■ • ■ ■ SHORT-RANGEFunding Funding Funding Short-Range WATER FY 22-23 FY 23-24 FY 24-25 Ef Project Name Year 1 Year 2 Year OTALS WATER SOURCES E13050 Choke Canyon Dam Infrastructure Improvements 1,219,533 1,219,533 E15117 Seawater Desalination 9,686,326 105,715,000 105,335,000 220,736,326 20258A Wesley Seale Dam Instrumentation Rehabilitation 385,000 2,310,000 2,365,000 5,060,000 22023 Wesley Seale Dam Dewatering System and Spillway Gate Rehabilitation 4,357,500 4,882,500 4,200,000 13,440,000 WATER SUPPLY LINES 23027 Mary Rhodes I Condition Assessment 715,000 1,333,000 1,333,000 3,381,000 E13037 Mary Rhodes I System Improvements 3,230,000 8,035,000 8,035,000 19,300,000 19025 Mary Rhodes 11 System Improvements(Bank Erosion) 1,387,500 11,287,500 2,220,000 14,895,000 E11068 Nueces River Raw Water Pump Station E16417 Nueces River Raw Water Pump Station Transmission Main 4,400,000 4,950,000 9,350,000 WATER TREATMENT 23023 ONSWTP Baffle Wall Improvements 388,000 444,000 832,000 21104 ONSWTP Chlorine System Improvements 2,500,000 15,000,000 17,750,000 35,250,000 18131 ONSWTP Clearwell 3 13,125,000 13,000,000 26,125,000 22404 ONSWTP Cunningham WTP Demolition 21030 ONSWTP Electrical Distribution Improvements 1,025,000 225,000 1,250,000 23024 ONSWTP Electrical Substation 735,000 4,200,000 3,150,000 8,085,000 20094 ONSWTP Filter Building Rehabilitation-Phase 2 19032 ONSWTP Filtration System Hydraulic Improvements 1,000,000 6,100,000 6,150,000 13,250,000 22407 ONSWTP Flocculation Upgrades and Baffling in Basins 1,2 1,500,000 6,350,000 6,650,000 14,500,000 22405 ONSWTP Navigation Pump Station Improvements 620,000 2,000,000 3,500,000 6,120,000 E17047 ONSWTP Raw Water Influent and Chemical Facilities Improvements 20,000,000 20,000,000 20,000,000 60,000,000 22406 ONSWTP Recycle Pond Improvements 550,000 2,150,000 2,050,000 4,750,000 22408 ONSWTP Security Upgrade 220,000 2,310,000 220,000 2,750,000 18130 ONSWTP Sedimentation Basin Improvements 4,015,000 4,350,000 8,365,000 E13051 ONSWTP Site Infrastructure Improvements 1,942,500 2,625,000 4,567,500 23025 ONSWTP Weir Improvements-Basins 3&4 777,0001 777,000 WATER DISTRIBUTION LINES 23061 16 inch Water Main Extension Hwy 286 to Alameda 2,005,000 1,320,000 3,325,000 18154123064 Citywide Large-Size Water Line Cathodic Protection System 1,221,000 1,221,000 1,221,000 3,663,000 19037123065 Citywide Water Line Repair/Replacement(Large Diameter) 11,000,000 11,000,000 11,000,000 33,000,000 19010123073 Citywide Water Line Repair/Replacement(Small Diameter) 10,500,000 10,500,000 10,500,000 31,500,000 E16290 Elevated Water Storage Tanks-Citywide 5,140,000 5,160,000 10,937,766 21,237,766 22144 Flour Bluff 18"Line Extension 4,305,000 4,305,000 1,575,000 10,185,000 21038 Leopard Street&Up River Road Water Line Replacement 6,825,000 6,825,000 1,575,000 15,225,000 21039 Nueces Bay Blvd-Poth Lane Water Line Replacement 6,300,000 6,300,000 12,600,000 20100 Packery Channel Water Line Improvement 19038 Port Avenue Water Line Replacement 23021 Sand Dollar Connection Line 16"(Coral Vine) 630,000 6,300,000 6,930,000 21040 Sand Dollar Pump Station Improvements 650,000 650,000 20101 SH286 Water Line Replacement 2,200,000 4,319,000 6,519,000 18156 Ship Channel Water Line Relocation 4,600,000 3,700,000 8,300,000 21041 South Side Water Transmission Main Cathodic Protection Improvements 1,100,000 2,200,000 3,300,000 23060 South Side Transmission Grid Completion 2,200,000 2,200,000 23033 Water Line Extension to Padre Island 500,000 2,720,000 1,110,000 4,330,000 23068 Water Street Water Line Improvements 610,500 5,775,000 6,385,500 E13031 Water System Process Control Reliability Improvements 350,000 350,000 700,000 WATER FACILITIES AND OTHER 23026 Corpus Christi Water Parking Lot Improvements 250,000 250,000 E15157123080 Corpus Christi Water Utility Building/Warehouse 880,000 6,800,000 3,800,000 11,480,000 23051 Warehouse Facility from Ground Storage Tank 3,093,000 3,093,000 21116 Wesley Seale Boat Ramp and Pier-(Sunrise Beach) 400,000 400,000 WATER PROJECT TOTAL: 128,834,359 285,856,500 244,585,766 659,276,625 Water Utility Support-Streets projects 14,142,794 5,213,224 786,000 20,142,018 WATER SHORT-RANGE CIP TOTAL: 142,977,153 291,069,724 245,371,766 679,418,643 Revenue Source Year 1 Year 2 Year 3M�� American Rescue Plan Act 11,130,000 4,870,000 16,000,000 Pay Go 400,000 - 400,000 Port of Corpus Christi 2,300,000 1,850,000 4,150,000 Raw Water Trust - - Revenue Bonds 118,710,827 174,384,724 140,036,766 433,132,317 State Water Implementation Fund Texas Loan 9,686,326 105,715,000 105,335,000 220,736,326 US.Army Corp of Engineers 750,000 4,250,000 5,000,000 WATER FUNDING TOTAL: 142,977,153 291,069,724 245,371,766 679,418,643 WASTEWATER FISCAL YEAR 2023 CIP PROGRAM SF, Funding Needed Funding Needed WASTEWATER SHORT-RANGE CIP for for FY 22-23 FY 23-24 A=���hffift Year 2 WASTEWATER TREATMENT PLANTS E10043 Allison WWTP Process Improvements and Lift Station upgrade 4,350,000 18084 Broadway WWTP Plant Rehabilitation 5,510,000 860,000 21001 Broadway WWTP Third Clarifier 875,000 5,470,000 E10180 Greenwood WWTP Electrical Improvements to UV System 18070 Greenwood WWTP Flood Mitigation 355,000 355,000 18069 Greenwood WWTP Process Upgrade(DAF and Odor Control) 3,545,930 19,210,000 18086 Laguna Madre WWTP Rehabilitation 905,000 E12169 Old Broadway WWTP Decommissioning 5,350,000 1,700,000 20084B Oso WRP Aeration Coarse Bubble Process 1,410,310 20084A Oso WRP Process Upgrade& BPC Facility Decommissioning 11,250,000 26,400,000 23037 Oso WRP Operation Center 500,000 22140 Whitecap WWTP Fence Replacement 360,000 18087 Whitecap WWTP Improvements 5,163,600 5,163,600 WASTEWATER LIFT STATIONS 22130 Airline Lift Station Upgrades 2,360,000 22009 Allison Basin New Lift Station and Force Main 500,000 19029 Citywide Lift Station Repair 2,240,000 4,060,000 23036 London WW Collection System Improvements 1,000,000 7,000,000 E14064 McBride Force Main and Lift Station 205,000 21002 Park Road 22 Lift Station 320,000 23038 Waldron Lift Station Force Main Replacement 440,000 4,400,000 18086 Williams Lift Station Force Main 3,130,000 4,580,000 21143 Williams Lift Station Upgrades 6,493,442 E17086 Woolridge and Morgan Lift Station Upgrades 2,706,942 WASTEWATER SYSTEM MAINTENANCE 23018 Blucher Park Wastewater Improvements 209,000 22126 Citywide Collection Capacity Remediation 1,000,000 1,600,000 18167/22110 Citywide Wastewater IDIQ 17,300,000 17,300,000 23007 Hewitt Place/Santa Fee Street WW Line Upsizing 2,200,000 2,850,000 22160 Twin 36in Wastewater Mains Rehabilitation 2,650,000 23012 Up River Rd WW Force Main/Ground Water Improvements 165,000 23019 Water Street WW Line Improvements 165,000 WASTEWATER OTHER 22108 Wastewater Backup Generators 5,900,000 4,100,000 22129 Wastewater Maintenance Shop 500,000 1,500,000 22166 Wastewater Treatment Plants Office Facilities 480,000 WASTEWATER PROJECT TOTAL: 89,170,224 110,217,600 Wastewater Utility Support-Streets projects 16,510,892 3,449,150 WASTEWATER SHORT-RANGE CIP TOTAL: 105,681,116 113,666,750 Funding . ProgramedWASTEWATER AVAILABLE FUNDING .. FY 21-22 FY 22-23 Revenue Source Year 1 Year 2 Pay Go - American Rescue Plan Act 9,324,493 - Revenue Bonds 96,356,623 113,666,750 WASTEWATER FUNDING TOTAL: 105,681,116 113,666,750 O ' NeededFunding for FY23-26 FY 24-26 Year 3 TOTAL 7A 4,360,000 6,370,000 2,750,000 9,096,000 5,780,000 6,490,000 19,210,000 41,966,930 906,000 7,060,000 1,410,310 26,350,000 64,000,000 3,080,000 3,680,000 360,000 1,358,400 11,686,600 2,360,000 1,500,000 2,000,000 2,760,000 9,060,000 10,000,000 18,000,000 206,000 320,000 4,840,000 7,710,000 6,493,442 2,706,942 3,250,000 3,469,000 5,000,000 7,600,000 17,300,000 61,900,000 2,750,000 7,800,000 2,660,000 1,805,000 1,970,000 1,440,000 1,606,000 10,000,000 4,300,000 6,300,000 3,580,000 4,060,000 113,863,400 313,261,224 888,000 20,848,042 114,761,400 334,099,266 Funding$_ Short-Rang Programed FY 23-241 Year 3 TOTALS - 9,324,493 114,751,400 324,774,773 114,761,400 334,099,266 STORM WATER FISCAL YEAR 2023 CIP PROGRAM . NeededFunding . for for for FY 22-23 FY 23-24 FY 24-26 d Project Name Y 11L. kL Ad 20114 Bay Water Quality Improvement 500,000 500,000 500,000 21105 Bridge Rehabilitation 600,000 600,000 600,000 21044 Channel Ditch Improvements 600,000 600,000 600,000 21107 Citywide Storm Water Infrastructure Rehabilitation 6,050,000 6,050,000 6,050,000 E10200/22029 La Volla Creek Improvements 2,900,000 2,900,000 20113 Lifecycle Curb and Gutter Replacement 1,670,000 1,670,000 1,670,000 21106 Major Outfall Assessments&Repairs 800,000 800,000 800,000 22142 North Beach Drainage Improvements 7,000,000 23020 Oso Creek Bottom Rectification 4,751,000 22165 Storm Water Crew Quarters Building 1,064,000 21031 Storm Water Pipe Inspection 1,000,000 1,000,000 1,000,000 23067 TxDOT-Ocean Dr Bridge Replacement 1,011,000 12,500,000 23066 TxDOT-Yorktown Blvd Bridge Replacement 1,215,000 - STORM WATER PROJECT TOTAL: 29,161,000 14,120,000 23,720,000 Storm Water Utility Support-Street projects 32,991,107 8,160,331 2,975,000 STORM WATER SHORT-RANGE CIP TOTAL: 62,152,107 22,280,331 26,695,000 Funding Needed Funding Needed Funding Needed STORM WATER FUNDING for for for FY 21-22 FY 22-23 FY 23-24 Revenue Source Year 1 Year 2M L Year 3 A American Rescue Plan Act 10,000,000 51000,000 General Fund 2,000,000 - Grant-GLO - - TxDOT 1,950,000 29,250,000 Texas Water Development Board-Forgivable Loan 1,190,000 - Texas Water Development Board-Loan 3,561,000 - Revenue Bonds 43,451,107 17,280,331 16,693,500 STORM WATER FUNDING TOTAL: 62,152,107 22,280,331 45,943,500 TOAJ 1,600,000 1,800,000 1,800,000 18,160,000 6,800,000 6,010,000 2,400,000 7,000,000 4,761,000 1,064,000 3,000,000 13,611,000 1,216,000 67,001,000 44,126,438 111,127,438 TOTALS 16,000,000 2,000,000 31,200,000 1,190,000 3,661,000 77,424,938 130,376,938 GAS DEPARTMENT FISCAL YEAR 2023 CIP PROGRAM SHOFTF, Funding Funding Funding C GAS SHORT-RANGE CIP Needed for Needed for Needed for E13022 Cathodic Protection Upgrades 200,000 200,000 200,000 21009 Gas Department Building& Parking Upgrades 2,255,000 1,150,000 E12132 Gas Lines/Regulator Stations Replacement/Extension Program 1,500,000 1,500,000 1,500,000 22123 Gas Storage Tanks(Feasiblity Study) 500,000 1 1 E12131 Gas Transmission Main-New 600,000 600,000 600,000 18156 Ship Channel Gas Line Addition 1,400,000 700,000 GAS PROJECT TOTAL: 6,455,000 4,150,000 2,300,000 Gas Utility Support-Street projects 3,115,869 1,123,100 151,000 GAS SHORT-RANGE CIP TOTAL: 9,570,869 5,273,100 2,451,000 Funding . GAS AVAILABLE FUNDING Needed for Needed for Needed for W � FY 21-22 FY 22-23., FY 23-24m Revenue Source Year Year 2 Year 3 Revenue Bonds 1 9,570,8691 5,273,100 1 2,451,000 GAS DEPARTMENT FUNDING TOTAL: 9,570,869 1 5,273,100 2,451,000 IANGE 3jTOTALS 600,000 3,406,000 4,600,000 600,000 1,800,000 2,100,000 12,906,000 4,389,969 17,294,969 17,294,969 17,294,969 so o� H v 'hOuRPaRA10 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: November 22, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Procurement Heatherh3(a)cctexas.com (361) 826-3227 Reimbursement Resolution for 2022 Bond Election Projects CAPTION: Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of General Obligation bonds in an amount not to exceed $125,000,000 for expenses related to projects included in the voter approved 2022 Bond Election incurred before the issuance of the bonds. SUMMARY: The City of Corpus Christi is planning on awarding contracts for projects included in the voter approved 2022 Bond Election prior to the issuance of General Obligation bonds planned in the spring. This resolution is needed for the City to move forward with incurring capital costs and then reimburse itself for these costs with bond proceeds once issued. BACKGROUND AND FINDINGS: The City is planning on issuing General Obligation Bonds to fund projects approved in the voter approved 2022 Bond election. The City is able to award contracts for these projects prior to the issuance of bonds in order to move forward with the projects early in the fiscal year. The City plans on issuing bonds as funds are needed beginning in spring 2024 and will reimburse itself an amount not to exceed $125,000,000 for expenditures with the bond proceeds For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the start of the projects until the bonds have been issued. FISCAL IMPACT: Approval of this item will allow City staff to use funds, once appropriated, from available General Fund cash in support of the voter approved 2022 Bond election projects prior to the bond issuance. Once the General Obligation Bonds are issued, the cash funds will be replenished with bond proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 2022 Propositions RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $125,000,000 FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO;AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance costs associated with: (1) (a) designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),(b)designing, demolishing, constructing,renovating,improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), (c) designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith(but specifically excluding related City utility costs, which are the responsibility of the City's utility system), and (d) designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public libraries, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), being the projects approved at an election held on November 8, 2022 by the City (the Construction Costs); (2) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs(the Engineering Costs); (3) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs); and (iv) the payment of various administrative costs, including the fees of bond counsel,financial advisor,project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and 133500193.4 WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations)that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $125,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution maybe relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. 133500193.4 SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation,the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 133500193.4 PASSED, ADOPTED AND APPROVED on this the 20th day of December, 2022. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 20th day of December, 2022: Miles Risley, City Attorney Signature page to the Resolution S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of December, 2022, relating to establishing the City's intention to reimburse itself in an amount not to exceed $125,000,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of December, 2022. City Secretary (CITY SEAL) Signature page to the Resolution S-2 That the foregoing resolution was read and passed on this the 20th day of December, 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, this the 20th day of December, 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Signature page to the Resolution S-3 1 S CHRISTI 00 Al- Af ON ,. r m� i a • vi k� r rs!- ..f p t� r IN STREET RKS„ ND LIBRARIES sas�1 t ti„n z,�,�_ rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� ff�� $125M PROGRAM : BOND PROJECTS BY PROPOSITIONS & COUNCIL DISTRICT • • • $9295009000 PROJECT NAME LOCATION BUDGET McCampbell Road Agnes to Leopard $7.OM Yorktown Boulevard (Construction) Rodd Field to the Oso Bridge $20.OM Beach Access No. 3 (Construction) SH 361 to Beach $4.4M Total $31AM DISTRICT 1 Starlite Lane Violet to Leopard $8.1M Surfside Boulevard Breakwater to Elm $1.6M Upper/Middle/Lower Broadway (Design Only) Coopers Alley to Twigg $2.6M Total $12.3M DISTRICT 2 Alameda Street Airline to Everhart $13.3M Alameda Street (Design Only) Texan to Doddridge $2.OM Total $15.3M DISTRICT 3 Bonner Drive Everhart to Flynn $4.2M Carroll Lane SH 358 to Holly $5.1M Martin Street Holly to Dorado $2.7M Total $12.OM DISTRICT 4 Flour Bluff Drive Yorktown to Don Patricio $14.OM Holly Road (Design Only) Ennis Joslin to Paul Jones $1.2M Total $15.2M DISTRICT 5 Timbergate Drive Snowgoose to Staples $3.5M Aaron Drive Saratoga to Summer Winds $2.8M Total $6.3M PROPOSITION PROJECT NAME LOCATION BUDGET OSO Golf Center - Club House (Design Only) 5601 South Alameda $750K Total $750K DISTRICT 1 Labonte Park Expansion 22404 Cunningham $1.525M North Beach Eco Park (Design Only) East Causeway and Timon $100K Total $1.625M Project scopes,locations and costs are estimates - - ' ' • • • $2090009000 DISTRICT 2 LOCATION BUDGET Cole Park Ocean Dive $1.125M Total $1.125M DISTRICT 3 Westside Pony - 3 Baseball Fields 4033 Greenwood $3.35M Universal League - 3 Youth Baseball Fields 4035 Greenwood $500K Sparkling City - 4 Youth Softball Fields 3901 Greenwood $850K Total $4.7M DISTRICT 4 Commodore Park (Design Only) 145002 Swordfish $1.OM Trestle to Trail Holly Road Project Flour Bluff $500K (Preliminary Design Only) Total $1.5M DISTRICT 5 Bill Witt Aquatic Center (Construction) 6869 Yorktown $10.01M St. Denis Park 6202 St. Denis $300K Total $10.3M • • • : $1090009000 DISTRICT 1 LOCATION BUDGET Calallen Police Sub-Station (Design Only) To Be Determined $1.0M Total $1.0M DISTRICT 2 Fire Station 8 Replacement (Design Only) To Be Determined $2.OM Total $2.OM DISTRICT 3 Fire Station 10 Replacement (Design Only) To Be Determined $2.OM Fire Department Resource Center Phase 2 6226 Ayers $1.0M Total $3.OM DISTRICT 5 For South Police Sub-Station To Be Determined $4.OM Total $4.OM PROPOSITION I LIBRARIES DISTRICT 1 LOCATION BUDGET La Retama Central Library Exterior Renovation 805 Comanche $2.5M Total $2.5M DepartmentFor more information on voting hours and a complete list of locations,visit http://www.nuecesco.com/county-services/county-clerk /elections-department or contact the Nuleces County:Elections BOND 2022 PROGRAM o e O o O O � D a 3p 0 ] w AARON DRIVE - $2.8M ALAMEDA STREET - $13.3M Saratoga Blvd to Summer Winds Airline Rd to Everhart Rd Rehabilitation of existing 2-lane roadway To include Avalon Street from Alameda with new pavement, curb and gutters, to Everhart and Robert Drive from sidewalk with ADA compliant curb ramps, Alameda to Avalon: Reconstruction of signage, pavement markings, upgrade roadway with new pavement, curb and street illumination, utility improvements gutter, sidewalk with ADA compliant and drainage improvements as needed. curb ramps, signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. ALAMEDA STREET M x, u �t yy i •.ri u. i (DESIGN Texan to Doddridge Reconstruction of existing 4-lane roadway with continuous center turn lane with new pavement, curb and gutter, sidewalk with ADA compliant curb ramps, signage, pavement markings, upgrade illumination, utility improvements and drainage improvements as needed. r BEACH • (CONsTRucriON • $4.4M Everhart to Flynn Reconstruction of existing 2-lane roadway SH 361 to The Beach with new pavement, curb and gutters, Construction of new 2-lane beach sidewalk with ADA compliant curb ramps, access road with concrete pavement, signage, pavement markings, upgrade sidewalk, install ADA compliant curb street illumination, utility improvements ramps, signage, pavement markings, and drainage improvements as needed. and street illumination as needed. A SH 358 to Holly Yorktown to Don Patricio Reconstruction of existing 2-lane roadway Reconstruction of existing roadway with with new pavement, curb and gutters, new pavement, curb and gutters, sidewalk sidewalk with ADA compliant curb ramps, with ADA compliant curb ramps, signage, signage, pavement markings, upgrade pavement markings, upgrade street street illumination, utility improvements illumination, traffic signalization, and drainage improvements as needed. utility improvements and drainage improvements as needed. . bis Project scopes,locations and costs are estimates based on information currently available and are,therefore, subject to reasonable change on the basis of new and refined information up to the time of completion. 4 31 taY u ' BOND 2022 PROGRAM z, m HOLLY • . ' MARTIN STREET - $2.7M Holly to Dorado Ennis Joslin to Paul Jones Reconstruction of existing 2-lane roadway Reconstruction of existing 2-lane roadway with new pavement, curb and gutters, with new pavement, curb and gutters, sidewalk with ADA compliant curb ramps, sidewalk with ADA compliant curb ramps, signage, pavement markings, upgrade signage, pavement markings, upgrade street illumination, utility improvements street illumination, utility improvements and drainage improvements as needed. and drainage improvements as needed. ;mow U MCCAM• • • / / / • • Agnes to Leopard Violet to Leopard Reconstruction of existing 2-lane asphalt Reconstruction of existing 2-lane asphalt roadway with new pavement, repair roadway with new pavement, curb and concrete pavement as needed, curb and gutter sidewalk at least on one side gutter, sidewalk at least on one side of the of the roadway with ADA compliant roadway with ADA compliant curb ramps, curb ramps, signage, pavement signage, pavement markings, utility markings, upgrade/add street improvements, drainage improvements, illumination, utility improvements and and upgrade/add street illumination as drainage improvements as needed. needed. I...............................................................................................I -- 10:91 AIPL- 1 • 1 - $1.6M TIMBERGATE 1 • Breakwater to Elm Snowgoose to Staples Reconstruction of existing 2-lane asphalt Reconstruction of existing 2-lane roadway roadway with new pavement, curb and with new pavement, curb and gutters, gutter, sidewalk with ADA compliant curb sidewalk with ADA compliant curb ramps, ramps, signage, pavement markings, signage, pavement markings, upgrade upgrade/add street illumination, utility street illumination, utility improvements improvements and drainage and drainage improvements as needed. improvements as needed. 6d 131ROADWAY (DESIGN ONLY) - $2.6M Coopers Alley to Twigg Rodd Field to The Oso Bridge Design of the existing 2-lane asphalt Reconstruction of existing 2-lane roadway with retaining wall stabilization roadway with new 4-lane roadway investigation, slope stabilization design, (2-lanes in each direction), curb and new pavement, curb and gutter, sidewalk gutter, sidewalk, install ADA compliant with ADA compliant curb ramps, signage, curb ramps, signage, pavement pavement markings, upgrade/add street markings, storm drainage improvements, illumination, utility improvements and utility improvements and upgrade/add drainage improvements as needed. street illumination as needed. A 71) l pp •.do y. ;XV Project scopes,locations and costs are estimates based on information currently available and are,therefore, subject to reasonable change on the basis of new and refined information up to the time of completion. 6 BOND 2022 PROGRAM PROPOSITION B PAIR KS ' ' Q O om NOW".- BILL WITT AQUATIC • LE F'e11MVZ • 1 • • CENTER - $10M PARK- $1.125M (DESIGN • (CONMUCTION ONLY) General park rehabilitation Park design and development Construction of the new and improvements to include a for a community center and swimming pool with restrooms, multigenerational play-for-all recreational amenities to be lockers, and supporting playground unit. placed within the park. infrastructure. MF • • • 1 " • 11 Planning and Preliminary Design Preliminary design and investigation to convert the damaged railroad crossing to an ADA accessible hike and bike trail (-0.67 mile) that provides for non-motorized access for hiking, fishing, - -" wildlife viewing, and kayak launching. GREENWOOD • COMPLEX Phase - 'I Concession stand remodel, lighting improvements, synthetic turf on the infield of three fields, demolish old restrooms and build new restrooms, irrigation on all 10 fields, parking lots , re-stripe, shade structures, bleachers and new fencing. Westside Pony - $3.35M • Universal League - $500K • Sparkling City - $850K � � r Illlllllllllllllllllpllllp� s� ��� x . ., I s - lm m um. m LABIONTE EXPANSION • 11 General park rehabilitation to include Design to develop an environmentally the newly added park territory and conscious plan for a park that will be home improvements to include a walking trail to healthy wetlands and wildlife, as well as and open space. trails, boardwalks, observation decks, interpretive signs and educational resources. • • GOLFDENIS HOUSECLUB 1 PARK-$300K Planning and Preliminary Design Park improvements to include a Preliminary scoping and design of a club playground unit, and swingset. house approximately 10,000 sq/ft in size and 2 stories high. The club house will include locker rooms, pro shop, rooms, patio, snack bar, kitchen, and lounge. ar Project scopes,locations and costs are estimates based on information currently available and are,therefore, subject to reasonable change on the basis of new and refined information up to the time of completion. 8 BOND 2022 PROGRAM PROPOS'IT10N C � {� w PUBLIC SAFETY PRO�J,ECTS ,�10CAWM FIRE STATION REPLACEMENT (DESIGN ONLY) FIRE DEPARTMENT RESOURCE CENTER - $1.0M FARE DEPS: . . . .- POLICE SUB-STATIONS IPA 1H RIST, OLICE 0� 11 „-'lki ly1f7 kq kt qjIllmll %Jhnhvp 1'N1% ROP"O"s O . .. v �� .•.,rte �F .� ��n` ,,. LIBRARIES $ 1 PROJECT - 2 .5M LA RETAMA CENTRAL LIBRARY - $2.5M yIrtC WP ,. Project scopes,locations and costs are estimates based on information currently available and are,therefore, 9 subject to reasonable change on the basis of new and refined information up to the time of completion. 2\\\\\\\1, C�MC���DOGYI� LIBRARIESPROPOSITION A PROPOSITION B PROPOSITION C PROPOSITION D STREETS PARKS PUBLIC SAFETY 15 PROJECTS - 11 PROJECTS - 5 PROJECTS - 1 PROJECT - $92.5M $20M $10M $2.5M Does the proposed Bond 2022 Program Where will the bond program have anticipate an increase in the City property an impact? tax rate? All City Council districts of Corpus Christi will be The Bond 2022 Program does not require an impacted from projects in the proposed bond increase in the City's property tax rate. program. While many projects address specific infrastructure needs, there are several projects in What is a Bond Program? the bond program that will have an impact city-wide. A bond is a form of debt that provides local government with funds to finance large capital improvement projects. Why do you issue bonds to pay for A bond program includes both the authority to issue City projects rather than pay for bonds and a listing of the purposes for which the funds projects with cash? may be used. General Obligation Bond Programs, such Bond financing funds large-scale capital as the City of Corpus Christi's Bond 2022 Program, improvement projects and allows the City's require voter approval. operating budget to focus on annual and ongoing costs such as operations, maintenance, How are bond projects selected? and public service programs. By issuing bonds, The projects in the Bond 2022 Program were the City can invest in large projects more quickly vetted and approved by City Council. With any bond and spread the cost over a greater time period. program, City staff initially studies the City's inventory of infrastructure throughout the community and develops How does this Bond Program impact a list of potential projects. These projects are presented my utility bill? to Council for review and discussion. A final list of Utility bills may be impacted by Street Proposition A proposed projects is determined based on these because the underlying water &waste water for street discussions and community input. projects is not included in the Bond Program costs. If Proposition A is approved, it may increase customer's utility bills in 2024 or later. 1 VOTING INFORMTION EARLYVOTING ELECTION • DATES VOTING IWAI October 24, 2022 thru Tuesday, November 8, 2022 October 24, 2022 thru November 4, 2022 7:00 a.m. - 7:00 p.m. November 8, 2022 Monday, October 24th thru Registered voters will be able Last Day to Receive Ballot by Mail - Friday, October 28th to cast their Election Day ballots Tuesday, November 8 8:00 a.m. - 5:00 p.m. at any of the Nueces County (Election Day) at 7:00 p.m. Vote Centers from 7:00 a.m. Can receive by 5:00 p.m. November 9 Saturday, October 29th to 7:00 p.m. 7:00 a.m. - 7:00 p.m. Curbside Voting will be available Last Day to Apply for Ballot by Mail Sunday, October 30th at all Vote Center locations. (Received, not Postmarked) - 12:00 p.m. - 6:00 p.m. Friday, October 28 (Courthouse only) For more information and a complete list of the Vote Texas voters may vote by mail if the Monday, October 31st Center locations, visit voter is: 65 years of age or older, thru Friday, November 4th www.nuecesco.com/county-services/ disabled, expected to give birth within 7:00 a.m. - 7:00 p.m. county-clerk/elections-department 3 weeks before or after election day, or contact the NuecesCounty expected to be absent from the Registered voters will be able Elections Department at county or, confined in jail. Voters to cast their vote at any Nueces 361-888-0385. may request to have an County early voting location. application mailed to them LAST DAY TO REGISTER by emailing TO VOTE - VoteByMalI@nuecesco.com TUESDAY, OCTOBER 11 or by calling 361-888-0865. For more information on voting hours and . complete contents list of locations, visit p://www.nuecesco.COM/county-services/county-clerk/elections-department or contact the utt Nueces County Elections Department at 361-888-0385. The document - for informational purposes City of Corpus Christi Proposition A(Streets) The issuance of bonds for designing, demolishing, constructing, renovating, improving, reconstructing, restructuring, extending and making permanent street, sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed $92,500,000, and levying a tax in payment thereof, with priority given to the following: McCampbell Road, generally from Agnes to Leopard; Yorktown Boulevard, generally from Rodd Field to Oso Creek Bridge; Beach Access Road, generally from State Highway 361 to beach; Starlite Lane, generally from Violet to Leopard; Surfside Boulevard, generally from Breakwater to Elm; Upper/Middle/Lower Broadway, generally from Coopers Alley to Twigg; Alameda Street, generally from Airline to Everhart, including Avalon Street, generally from Everhart to Alameda, and Robert Drive, generally from Alameda to Avalon; Alameda Street, generally from Texan Trail to Doddridge; Bonner Drive, generally from Everhart to Flynn; Carroll Lane, generally from South Padre Island Drive to Holly; Martin Street, generally from Holly to Dorado; Flour Bluff Drive, generally from Yorktown to Don Patricio; Holly Road, generally from Ennis Joslin Road to Paul Jones Avenue; Timbergate Drive, generally from Snowgoose Road to Staples Street; Aaron Drive, generally from Saratoga Boulevard to Summer Winds Drive City of Corpus Christi Proposition B (Parks and Recreation) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding and equipping park and recreational facilities in the aggregate principal amount not to exceed $20,000,000 and levying a tax in payment thereof, with priority given to the following: Bill Witt Park Aquatic Facility Construction Oso Golf Center Clubhouse Holly Road Railroad Trestle to Trail Greenwood Sports Complex Improvements Labonte Park Expansion and Improvements North Beach Eco Park Park Recreation Masterplan Improvements for Cole, Commodore, and St. Denis Parks City of Corpus Christi Proposition C (Public Safety) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public safety facilities in the aggregate principal amount not to exceed $10,000,000 and levying a tax in payment thereof, with priority given to the following: Corpus Christi Fire Station #8 Corpus Christi Fire Station #10 Corpus Christi Fire Department Resource Center Corpus Christi Police Substation - For South Corpus Christi Police Substation - Annaville (Calallen) City of Corpus Christi Proposition D (Libraries) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public libraries in the aggregate principal amount not to exceed $2,500,000 and levying a tax in payment thereof, with priority given to the following: La Retama Central Library Exterior Renovation 12 0 i yJ ( 1 O N N 0 N u O j N Cl N a)a) C N ._ uoop0 a� 0 a c c o 0 a CL0 0 0 0 0 Z m ONNND i�n3a ano,� d V LL LL LL LL Ni,So[5�NN3 aa33ij anon a�3i�anon V J ; o a a o© a�\d o O d 0 L O +., X — J © Y O a) _ o J iayHn3n3 indHa3n3 LCl O O O _ Q rt+ U h o c w O d �[ n383M a383MO v i s V O L N © O u V noaav� noaav� '+ d O C L O � O O 5 (D L 0 0 N z�noisoviU �+ m O O ?naolsov °wL N N irV, O O m sn3nv a s n3nv d Q J z V V V N00 J 8 � V ai W 3„SNM 0 m r A N c ym O) L N —0 ° N Oce N 00 a s u c O _ NS � uO � � � � 0 0 > -0 m c _ 0 O o a w N 0 s w -0 a> LL o o ° o 0 0° O W O ZO °° ° DO o 0 ° 0 J O ~ O c L 0 3 .0 0 O 0 L L Q O Lo 3 LL o 0 UO .0 OMs M � •N a) O 3 L — c o O O L aa)i = > = o co 0 c O o W J NQHNW N� W 2Q > OONV � 0 J N o V 3 Y J o CG o0 O a m a L a) O e J N � LU ~ 0 0 u D 0- D O O c W W -0 -0 a L O 0 C C CL — L V L L N J N O O O O O O O O O u 7 . Q O aaQLL = NNH co V22 � � 00 N cn V LCl IO r coO, N M V L2 13 se o° a 0 A H U AGENDA MEMORANDUM Action Item for the Cit Council Meeting December 20, 2022 1852 Y 9 DATE: December 1 , 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Procurement Heatherh3(a)cctexas.com (361) 826-3227 Reimbursement Resolution for Certificates of Obligation Projects CAPTION: Resolution relating to City of Corpus Christi's intention to reimburse itself from future issuances of Certificates of Obligation in an amount not to exceed $53,800,000 for expenses budgeted in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP). SUMMARY: The City of Corpus Christi is planning on awarding contracts for projects included in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP) prior to the issuance of certificates of obligation planned in the spring. This resolution is needed for the City to move forward with incurring capital costs and then reimburse itself for these costs with bond proceeds issued. BACKGROUND AND FINDINGS: The City is planning on issuing Certificates of Obligation to fund projects in the Fiscal Year 2022-2023 Capital Improvement Plan (CIP). The projects included in the Fiscal Year 2022-2023 CIP include the following: Gabe Lozano Golf Course $1,200,000 South Bay Park $815,000 City Hall Council Chambers Renovations Ph.1/Ph.2 $625,000 City Hall Fencing and Gates $608,180 City Hall Lighting Improvements $217,904 City Hall Parking Lot $830,887 City Hall Roof $480,000 Facilities Administrative Offices $495,975 FDHQ-DSD Foundation Repair $53,338 Fleet Administrative & Parts Facility $556,062 Fleet Vehicle Wash Facility $186,682 Public Health Department Building Improvements $2,825,140 Police Academy $14,744,000 Police Headquarters $400,000 Fire Station #3 $6,680,000 Reserved for Future Street Project Shortfalls $1 ,000,000 C. F. Valenzuela Backup Generators $551,892 C. F. Valenzuela Gas Collection System -3C $1 ,300,000 C. F. Valenzuela Landfill Expansion $250,000 C. F. Valenzuela Landfill Road Improvements $3,500,000 C. F. Valenzuela Landfill Sector 2A Cells dev $7,600,000 J.C. Elliott Landfill Road Improvements $4,900,000 Total $49,820,600 In addition, an additional amount of$3,763,536 will be issued to cover the cost increases experienced for the construction bids for the Police Academy. Police Academy $3,763,536 Total $53,584,136 The City is able to award contracts for these projects prior to the issuance of the certificates of obligation in order to move forward with the projects early in the fiscal year. The City plans on issuing the certificates of obligation later in the fiscal year and will reimburse itself an amount not to exceed $53,800,000 for expenditures with the proceeds from the certificates of obligation. For the City to be eligible for reimbursement of any expenditure incurred prior to the sale of the certificates of obligation, the City must declare its intent to reimburse itself for payments made prior to the certificates being sold. This action must meet specific U.S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: The alternative would be to reject the reimbursement resolution, but this would prevent contracts from being awarded and delay the start of the projects until the certificates of obligation have been issued. FISCAL IMPACT: Approval of this item will authorize City staff to encumber and spend available cash to begin awarding contracts for projects prior to the bond issuance. Once the certificates of obligation are issued, the cash funds will be replenished with the proceeds. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 2022-2023 Certificate of Obligation CIP Projects RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO ANY CAPITAL EXPENDITURES FROM THE PROCEEDS OF ONE OR MORE SERIES OF TAX-EXEMPT OR TAXABLE OBLIGATIONS TO BE ISSUED BY THE CITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $53,800,000 FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance costs associated with: (1) (a) constructing, acquiring, purchasing, renovating, enlarging, and improving City administrative facilities and signage, including renovations and improvements to City Hall and a new public works department facility for City vehicles, (b) constructing, acquiring, purchasing, renovating, enlarging, and improving City public health facilities and signage, including renovations and improvements to the City's public health department building, (c) constructing, acquiring, purchasing, renovating, enlarging, and improving City public safety facilities and signage, including a Training Academy and a new fire station, (d) designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and related land and right- of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith, (e) constructing, acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, including landfill site development, a gas collection and control system, and related road improvements, and (f) constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities, including South Bay Park and City golf courses; (2)the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned projects (the Construction Costs), (3) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (4) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (5) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the projects that are the subject of this Resolution (the Project); and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and 133500435.3 WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax-exempt or taxable obligations (the Obligations)that the Issuer currently contemplates issuing obligations in the principal amount of not to exceed $53,800,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2. The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3. The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4. The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5. This Resolution maybe relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. 133500435.3 SECTION 6. With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation,the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of replacement proceeds, as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. [The remainder of this page intentionally left blank] 133500435.3 PASSED, ADOPTED AND APPROVED on this the 20th day of December, 2022. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 20th day of December, 2022: Miles Risley, City Attorney Signature page to the Resolution S-1 THE STATE OF TEXAS )( COUNTY OF N UECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of December, 2022, relating to establishing the City's intention to reimburse itself in an amount not to exceed $53,800,000 for the prior lawful expenditure of funds relating to constructing various capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 20th day of December, 2022. City Secretary (CITY SEAL) Signature page to the Resolution S-2 That the foregoing resolution was read and passed on this the 20th day of December, 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, this the 20th day of December, 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Signature page to the Resolution S-3 SHORT- RANGE RECREATIONFunding Funding Funding Short-Range PARKS& SHORT-RANGE LIFY 22-23 FY 23-24 FY 24-25 MEL Project Name F"bL Year 2 Year3 Parks and Recreation 22018 Gabe Lozano Golf Course 1,200,000 1,200,000 23011 Parks Operations Building 77,700 772,300 850,000 23112 Parks Tourist District Bldg and Warehouse 2,170,000 2,170,000 23035 South Bay Park 815,000 2,100,000 2,915,000 PARKS&RECREATION SHORT-RANGE CIP TOTAL: 2,015,000 4,347,700 772,300 7,135,000 Revenue Sour Year 1 YearV Year 3 AM Certificates of Obligation(New) 1 2,015,0001 4,347,7001 772,3001 7,135,000 PARKS&RECREATION 1 MARINA FUNDING TOTAL: 1 2,015,000 4,347,700 772,300 7,135,000 PUBLIC ■ FACILITIES FISCAL 1 ■ 2023 ■ PROGRAM ■ • ■ • ■■ SHORT-RANGEANGEPUBLIC FACILITIES Needed for Needed for Needed for FY23-25 FY 22-23 FY 23-24 FY 24-25 • e 22011 City Hall Council Chambers Renovations Ph.1/Ph.2 625,540 402,820 1,028,360 23004 City Hall Emergency Power System 97,570 975,690 1,073,260 22162 City Hall Envelope Improvements 682,983 682,983 21023 City Hall Fencing and Gates 608,180 608,180 22010 City Hall HVAC Rehabilitation 601,676 6,016,755 6,618,431 24008 City Hall Lighting Improvements 217,904 2,179,041 2,396,945 23001 City Hall Parking Lot 830,887 3,982,680 4,813,567 24009 City Hall Replacement of Store Fronts 191,890 1,720,110 1,912,000 24017 City Hall Restroom Renovations 126,027 126,027 20285 City Hall Roof 480,000 2,150,000 2,630,000 22201 City Hall Skylight 56,915 56,915 23003 Facilities Administrative Offices 495,975 4,959,757 5,455,732 20052 Facility Improvements Various 2,000,000 2,000,000 4,000,000 24003 FDHQ-DSD Exterior Enclosure 150,420 1,504,190 1,654,610 23013 FDHQ-DSD Foundation Repair 53,338 533,377 586,715 24011 FDHQ-DSD HVAC and Electrical Improvements 325,230 3,252,300 3,577,530 25008 FDHQ-DSD Lighting Improvements 56,915 56,915 24014 Fleet&Facilities Parking Lot 4,051,553 4,051,553 24015 Fleet Administrative&Parts Facility 556,062 5,560,620 6,116,682 24006 Fleet Vehicle Wash Facility 186,682 1,866,820 2,053,502 24013 Heavy Equipment Repair and Oil-Lube Facility 451,419 4,514,192 4,965,611 18181123039 Public Health Department Building Improvements 2,825,140 5,366,295 5,366,295 13,557,730 PUBLIC FACILITIES SHORT-RANGE CIP TOTAL: 6,879,708 34,871,168 1 26,272,372 68,023,248 Certificates of Obligation(New) 1 6,879,708 34,871,168 26,272,372 68,023,248 PUBLIC FACILITIES FUNDING TOTAL: 1 6,879,7081 34,871,168 1 26,272,372 68,023,248 PUBLICKEALTH & SAFT771SCAL YEAR 2023 C111P RML M SHORT- RANGE Funding Funding Funding -Ran PUBLIC HEALTH&SAFETY SHO Needed for Needed for Needec for Short 4ftML__FY22-23 _FY23-24--FY24-25 Solid Waste 23099 C.F.Valenzuela Backup Generators 551,892 551,892 23118 C.F.Valenzuela Gas Collection System-3C 1,300,000 1,300,000 23070 C.F.Valenzuela Landfill Expansion 250,000 250,000 21034121036 C.F.Valenzuela Landfill Road Improvements 3,500,000 3,500,000 21035 C.F.Valenzuela Landfill Sector 2A Cells dev 7,600,000 7,600,000 24105 Erosion Control Lifecycle Improvements 750,000 750,000 21033 J.C.Elliott Landfill Road Improvements 4,900,000 4,900,000 E16338 Solid Waste Drainage Lifecycle Improvements 777,000 777,000 21007 Solid Waste Facility Complex 15,936,500 15,936,500 SOLID WASTE SHORT-RANGE CIP TOTAL: 18,101,892 17,463,500 1 35,565,392 Police 21086 Police Academy 18,507,536 18,507,536 18176 JPolice Headquarters 400,000 400,000 POLICE SHORT-RANGE CIP TOTAL: 18,907,536 18,907,536 Fire 21085 Fire Station#3 1 6,680,000 1 1 6,680,000 FIRE SHORT-RANGE CIP TOTAL: 1 6,680,000 6,680,000 PUBLIC HEALTH&SAFETY SHORT-RANGE CIP TOTAL: 43,689,428 17,463,500 61,152,928 Certificates of Obligation(New) 1 43,689,4281 17,463,500 61,152,928 PUBLIC HEALTH&SAFETY FUNDING TOTAL: 1 43,689,4281 17,463,5001 161,152,928 DEPARTMENTSTREET PROGRAM •' ' � d. SHORT-RANGESTREETS Needed for Needed for Needed for FY23-25 a1h. FY 22-23 FY 23-24 FY 24-25 Project Name Year 1 Year 2 Year 3 TOTALS E12103 ILeopard St(Crosstown Expressway to Palm Dr) 1 1,000,0001 1 1 1,000,000 Revenue Sources Year 1 Year 2 Year 3 Certificates of Obligation(New) 1 1,000,0001 1 1 1,000,000 STREETS SHORT-RANGE CIP TOTAL: 1 1,000,000 1,000,000 CERTIFICATES OF OBLIGATION TOTAL 53,584,136 1 56,682,368 1 27,044,672 137,311,176 se o° a H U NflflPOPPt EAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award and Professional Services Contract Amendment Police Training Academy CAPTION: One-reading Ordinance authorizing a construction contract to Fulton Coastcon General Contractors, of Corpus Christi, Texas, for the construction of the City of Corpus Christi's new Police Training Academy in an amount of$21,154,706.00 and authorize a professional services contract amendment No. 3 to Turner Ramirez&Associates, Inc., Corpus Christi, Texas, to provide construction phase services in an amount of$93,953.00 for a for a total restated fee not to exceed $1,199,553.00, located in Council District 5, amending the Capital Budget by $3,763,536.00 with FY 2023 funding available from Certificates of Obligation and general fund. SUMMARY: This item awards a construction contract for the City of Corpus Christi's new Police Training Academy and a professional services contract amendment No. 3 to provide the construction phase services. The project provides construction for a turn-key state-of-the-art complex that includes space for applied instruction, physical training, running track and all the necessary supporting utilities including water, wastewater, electrical infrastructure. BACKGROUND AND FINDINGS: The City of Corpus Christi Police Department (CCPD) training began in the 1950's. The Police Department training academy provides training to cadets and in-service officers. To date, 80 cadet classes have graduated from the training program. The current CCPD training facility was purchased by the City in October 1981 and is located at 4510 Corona Drive. The 8,160 square foot facility is used for classroom training. It originally served not only as a training facility, but as an indoor firing range for pistol qualifications. The range was later modified to offices and classrooms. An old warehouse on the property is used as a physical fitness training area. The current property and facility do not have adequate parking spaces and restroom facilities. Currently, CCPD leases the parking spaces from the surrounding business for approximately $10,000 per year and rents the portable restrooms and hand washing stations for approximately $4,000 per year. The number of cadets and in-service officers attending the training academy has grown from a force of 306 cadets/officers in 1981 to 456 cadets/officers today. Overall, the facility does not have the capacity to accommodate CCPD's growing needs for its force. This council item awards a construction contract for the Police Training Academy (base bid), running track (bid additive alternate no.1) and a professional services contract amendment No. 3 to provide the construction phase services. The Police Training Academy will be located on approximately nine acres of land on Yorktown Boulevard at Del Mar College's new South Campus. The facility is anticipated to be almost 34,000 square feet and will include two-story and high bay sections of the building. The Police Training Academy interior consists of one auditorium teaching space, two large classrooms, administrative offices, a driving simulator, crime scene training, a range simulator, cadet breakroom, armory, a weight-exercise room, and a defensive tactics training room. The exterior includes a quarter-mile outdoor running track, cadet parking, and secure patrol car parking. The building facade will maintain the Del Mar College South campus aesthetics for a unified and cohesive appearance. There will be eight additive alternates for this project; one will be a fully synthetic running track, the second will be an emergency backup generator, and the rest for interior finishes. The facility can be utilized as a Regional Police Training Academy and a backup Emergency Operations Center if necessary. Additionally, there are costs savings and partnership benefits to the police training academy location at Del Mar College South Campus. The preconstruction feasibility studies for this project have been completed and paid for by Del Mar College. These include a traffic impact analysis, environmental studies, and a geotechnical study. The Police Training Academy can be utilized not only for the training of cadets but also as a training resource hub for other Coastal Bend police agencies. All supporting utilities infrastructure (water, wastewater, electrical) will be included with this project. The project will also provide for fixtures, furnishing, and equipment necessary for a complete and usable facility. Lastly, its location on campus is exemplary for promoting and encouraging cadets to pursue continuing education. PROJECT TIMELINE 2022 2023 - 2024 June - Dec January - June Bid/Award Construction Projected schedule reflects City Council award in December 2022 with construction completion by June 2024. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Future Bid Notice on June 7, 2022, and a Request for Bids on July 7, 2022. Subsequently, on August 10, 2022, the city received bids from three bidders. Fulton Coastcon General Contractors of Corpus Christi submitted the lowest bid. The low bid was over budget soon August 22, 2022, the city rejected all bids. Turner Ramirez Architects worked with the project team to refine the scope and materials selections in an effort to lower costs. The project was re-advertised for bids on October 16, 2022, and the bids opened on November 16, 2022. The city received proposals from three contractors, with the low bid being submitted by Fulton Coastcon General Contractors. The City analyzed the bid in accordance with the contract documents and determined Fulton Coastcon General Contractors as the lowest responsive and responsible bidder. The Base Bid includes the police training academy and its supporting infrastructure in an amount of $19,919,996.00. There were eight additional bid alternates along with the base bid. The bid alternate no.1 in an amount of $1,234,710.00 includes the four-lane running track which a necessity for the physical training. The project architect Turner Ramirez reviewed the received bids and recommended awarding the construction contract to the lowest bidder. The bids received are higher than the engineer's estimate for several items, the exceedances are due to the labor shortage, supply chain issues and inflation. Re-advertising the project may not attract more contractors but will delay the project. The bids appear to be competitive and representative of current market conditions. Staff recommends awarding the construction contract for Base Bid and Bid additive Alternate No. 1. The remaining bid alternates will be rejected. The bid results are summarized below. BID SUMMARY CONTRACTOR BASE BID + Alternate No.1 (Running Track) 1. Fulton Coastcon General Contractors $ 21,154,706.00 2. Teal Construction $21,353,354.00 3. SpawGlass Contractors, Inc. $23,123,184.00 Engineer's Opinion of Probable Construction Cost $18,423,041.00 Including$1 million for track. Fulton Coastcon General Contractors has successfully completed numerous projects in the city. Some of the projects that were completed by Fulton Construction Inc., are the Art Museum of South Texas, Texas State Aquarium, American Bank Center Upgrades, North Bayfront Park, The Waters' Edge Park Design-Build Project, Federal Courthouse, Seawall Miradors, Whataburger Field, Omni Hotel, the Traffic Management Center and Spohn Shoreline. ALTERNATIVES: The alternative is that the City council could choose not to award the construction contract to Fulton Coastcon General Contractors. However, this would delay the start of the project, and a third re-advertisement is unlikely to result in lower bids. FISCAL IMPACT: The revised FY 2023 Capital Improvement Program project page shows the available funding breakdown. The project has a $5,360,000.00 from prior Certificate of Obligation's and $1,000,000.00 for General Fund. Additional Certificate of Obligation's in the amount of $18,507,536.00 will be approved during the same city council meeting, prior to this agenda item being considered. The total funding available is for the design, construction, and engineering admin reimbursements for this project. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY 2023. The project is ready to be implemented and the expenditures shown reflect the CIP. Fund: 2022COFacMntCIP Fund (3167) Mission Elem: City Buildings and Facilities (191) Project: Police Training Academy (21086) Account: Construction (550910) Activity: 21086-3167-EXP Amount: $2,647,170.00 Fund: 2022COFacMntCIP Fund (3167) Mission Elem: City Buildings and Facilities (191) Project: Police Training Academy (21086) Account: Outside Consultants (550950) Activity: 21086-3167-EXP Amount: $93,953.00 Fund: New Fund (TBD) Mission Elem: TBD (TBD) Project: Police Training Academy (21086) Account: Construction (550910) Activity: 21086-TBD-EXP Amount: $18,507,536.00 Total: $21,248,659.00 RECOMMENDATION: Staff recommends awarding the construction contract for the City of Corpus Christi's new Police Training Academy to Fulton Coastcon General Contractors of Corpus Christi, Texas in an amount of $21,154,706.00 and authorize a professional services contract amendment No. 3 to Turner Ramirez & Associates, Inc., to provide construction phase services in an amount of $93,953.00 for a for a total restated fee not to exceed $1,199,553.00. The construction duration is planned for 18 months from issuance of the Notice to Proceed to begin construction in January 2023. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tab CIP Page PowerPoint Presentation Architect's recommendation letter One-reading ordinance authorizing a construction contract with Fulton Coastcon General Contractors of Corpus Christi, Texas for the construction of the City of Corpus Christi's new Police Training Academy in the amount of$21,154,706 and authorizing a professional services contract amendment No. 3 with Turner Ramirez&Associates, Inc, Corpus Christi, Texas, for construction phase services in the amount of $93,953 for a total restated fee not to exceed $1,199,553, located in Council District 5; amending the FY 2023 Capital Budget; with funding available from Certificates of Obligation and General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2022-2023 Capital Budget, adopted by Ordinance No. 032856, is amended to increase expenditures by $3,763,536. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Fulton Coastcon General Contractors in an amount not to exceed $21 ,154,706 for the Police Training Academy project. SECTION 3. The City Manager or designee is authorized to execute a Amendment No. 3 to the professional services agreement with Turner Ramirez & Associates, Inc, Corpus Christi, Texas, for construction phase services in the amount of $93,953 for a total restated fee not to exceed $1 ,199,553 for the Police Training Academy project. SECTION 4. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of December, 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI.TEXAS TABULATED BY: Architect:Turner-Ramirez Architects BID DATE:Wednesday,November 16,2022 RFB 4421 Fulton"Coastcon General Contractors Teal Construction SpawGlass Contractors,Inc. PROJECT NO.21086 Police Training Academy(Bond 2020) 1102 2nd Street 5 110 B IH 37 2209 N.Padre Island Drive Unit Y BASE BID(PART A THRU O) Corpus Christi,Texas 78404 Corpus Christi,Texas 78407 Corpus Christi,Texas 78408 ITEM DESCRIPTION UNIT OTY UNIT PRICE AMOUNT UNITPRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL Al MOBILIZATION LS 1 $ 780,000.00 $ 131,220.00 $ 1,143,775.00 A2 BONDAND INSURANCE AL 1 $ 754,102.00 $ 753,652.00 $ 457,510.00 A3 1SIORM WATER POLLUTION PREVENTION LS 1 $ 80,000.00 $ 13,577.00 $ 128,726.00 SUBTOTAL PARTA-General(ItemsAl thru A3) $ 1,614,102.00 $ 898,449.00 $ 1,730,011.00 Part B-CONCRETE B1 CAST-IN-PLACE CONCRETE LS 1 $ 2,907,736.00 $ 2,635,524.00 $ 2,594,006.00 B2 CONCRETE'0 988,913.00 REINFORCEMENT LS 1 $ 1,988,913.00 $ 2,229,442.00 $ 2,236,856.00 133 CONCRETE FINISHING AND CURING LS 1 $ 56,458.00 $ 157,697.00 $ 55,614.00 SUBTOTAL PART B-Concrete(Items B1 thru 33) $ 4,953,107.00 $ 5,022,663.00 $ 4,886,476.00 Part C-MASONRY Cl JUNITMASONRY MORTAR AND REINFORCING LS 1 $ 982,150.00 $ 1.172,725.00 $ 1,210,283.00 SUBTOTAL PART C-Masonry(item Cl) $ 982,150.00 $ 1,172,725.00 $ 1,210,283.00 Part D-METALS D1 STRUCTURAL STEEL AND METAL FRAMING LS 1 $ 1,014,042.00 $ 936,760.00 $ 1,677,691.00 D2 METAL FABRICATIONS LS 1 $ 12,173.00 $ 52,822.00 $ D3 METAL PAN STAIRS AND PIPE RAILINGS LS 1 $ 279,966.00 $ 37,637.00 $ D4 JURNAMENTAL RAILINGS LS 1 $ 21,326.00 $ 141,383.00 $ 31,91600 SUBTOTAL PART D-Metals(Items D1 thru D4) $ 1,327,507.00 $ 1,168,602.00 $ 1,709,607.00 Part E-WOOD,PLASTIC,AND COMPOSITES E1GH ROUCARPENTRY LS 1 $ 109,258.00 $ 44,569.00 $ 116,389.00 E2 ARCHITECTU RAL CABINETS LS 1 $ 50,293.00 $ 47,786.00 $ 55,320.00 E3 PLASTIC PANELING LS 1 $ 10,603.00 1$ 1,921.00 $ 5,319.00 SUBTOTAL PART E-Wood,Plastic,and Composites(items E1 thru E3) $ 170,154.00 $ 94,276.001 $ 177,028.00 Part F-THERMAL AND MOISTURE PROTECTION F1 WATERPROOFING AND COATINGS LS 1 $ 262,797.00 $ 80,708.00 $ 320,325.00 F2 INSULATION LS 1 $ 117,731.00 $ 97,112.00 $ 16,069.00 F3 METAL ROOF PANELS AND WALL PANELS LS 1 $ 356,419.00 $ 354,831.00 $ 217,607.00 STYRENE-BUTADIENE-STYRENE (SBS) MODIFIED BITUMINOUS MEMBRANE F4 ROOFING LS 1 $ 441,278.00 $ 411,156.00 $ 634,374.00 F5 SHEET METAL FLASHING AND ROOF ACCESSORIES LS 1 $ 56,765.00 $ 140,525.00 $ 8,511.00 F6 FIRESTOPPING LS 1 $ 16,396.00 $ 10,935.00 $ 57,669.00 F7 EXPANSION JOINTS AND SEALANTS LS 1 $ 55,768.00 $ 18,670.00 $ 11,464.00 SUBTOTAL PART F-Thermal and Moisture Protection(Items F1 thru F7) $ 1,307,150.00 $ 1,113,937.00 $ 1,266,019.00 Part G-OPENINGS G1 HOLLOWMETALDOORSANDFRAMES LS 1 $ 68,996.00 $ 83,237.00 $ 143,092.00 G2 FLUSH WOOD DOORS LS 1 $ 28,705.00 $ 28,737.00 $ 35,605.00 G3 ACCESS DOORS AND FRAMES LS 1 $ 4,023.00 $ 1.00 $ 2,319.00 G4 OVERHEAD COILING DOORS LS 1 $ 29,297.00 $ 29,308.00 $ 26,907.00 G5 VAULT DOORS AND DAY GATES LS 1 $ 15,372.00 $ 12,940.00 $ 41,706.00 Page 1 of 5 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI.TEXAS TABULATED BY: Architect:Turner-Ramirez Architects BID DATE:Wednesday,November 16,2022 RFB 4421 Fulton"Coastcon General Contractors Teal Construction SpawGlass Contractors,Inc. PROJECT NO.21086 Police Training Academy(Bond 2020) 1102 2nd Street 5 110 B IH 37 2209 N.Padre Island Drive Unit Y BASE BID(PART A THRU O) Corpus Christi,Texas 78404 Corpus Christi,Texas 78407 Corpus Christi,Texas 78408 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT G6 ALUMINUM STOREFRONTS ENTRANCES AND CURTAIN WALLS LS 1 $ 379,625.00 $ 745,368.00 $ 640,132.00 G7 DOORHARDWARE LS 1 $ 127,479.00 $ 190,559.00 $ 18,878.00 G8 GLAZING LS 1 $ 253,098.00 $ 200,597.00 $ 5,319.00 SUBTOTAL PART G-Openings(Items G1 thru GB) $ 906,595.00 $ 1,290,747.00 $ 913,958.00 Part H-FINISHES H1 GYPSUMANDNON-STRUCTURAL METAL FRAMING LS 1 $ 524,890.00 $ 632,219.00 $ 840,973.00 H2 CERAMIC TILING LS 1 $ 83,655.00 $ 114,477.00 $ 64,933.00 H3 RESILIENT BASE AND TILE FLOORING LS 1 $ 75,096.00 $ 72,337.00 $ 80,853.00 H4 RESILIENT ATHLETIC FLOORING LS 1 $ 70,390.00 $ 60,720.00 $ 108,513.00 HS EPDXY RESINOUS FLOORING LS 1 $ 48,616.00 $ 32,805.00 $ 70,792.00 H6 TILE CARPENTING LS 1 $ 56,513.00 $ 53,073.00 $ 55,001.00 H7 ACCESS FLOORING LS 1 $ $ $ H8 SOUND-ABSORBING CEILING WOOD-FIBER UNITS LS 1 $ 75,551.00 $ 90,50500 $ H9 PAINTING AND HIGH-PERFORMANCE COATING LS 1 1$ 405,388.00 $ 256,973.00 $ 430,40900 SUBTOTAL PART H-Finishes(Items H1 thm H9) $ 1,340,099.00 $ 1,313,109.00 $ 1,651,474.00 Part I-SPECIALTIES 11 VISUAL DISPLAY UNITS LS 1 $ 10,879.00 $ 8,048.00 $ 23,374.00 12 PLAQUES,DIMENSIONAL LETTERS AND ROOM-IDENTIFICATION PANEL SIGNAGE LS 1 $ 24,016.00 $ 24,204.00 $ 7,086.00 13 PLASTIC TOILET COMPARTMENTS LS 1 $ 29,661.00 $ 29,672.00 $ 31,926.00 14 WIRE MESH PARTITIONS LS 1 $ 7,597.00 $ 6,397.00 $ 8,883.00 15 VERTICALLY RETRACTABLE ACOUSTIC PARTITIONS LS 1 $ $ $ 203,834.00 16 WALL AND DOOR PROTECTION LS 1 $ 6,812.00 $ 3,963.00 $ 5,085.00 17 TOILET,BATH,AND LAUNDRY ACCESSORIES LS 1 $ 31,721.00 $ 27,853.00 $ 34,905.00 18 FIRE PROTECTION CABINETS AND EXTINGUISHERS LS 1 $ 4,083.00 $ 4,429.00 $ 3,255.00 19 PLASTIC LOCKERS LS 1 $ 38,997.00 $ 31,438.00 $ 53,932.00 110 EXTERIOR SUN CONTROL DEVICES AND ALUMINUM PROTECTIVE COVERS LS 1 $ 212,159.00 $ 212,237.00 1 1$ 206,483.00 111 GROUND-SET FLAGPOLES LS 1 1 $ 7,555.00 $ 4,914.00 1 1$ 7,363.00 SUBTOTAL PART I-Specialties(Items 11 thru 111) $ 373,480.00 $ 353,155.00 1 $ 586,126.00 Part J-FURNISHING 711 ROLLER WINDOW SHADES LS 1 $ 41.467.00 $ 37,179.00 $ 40,357.00 J2 SOLID SURFACING COUNTERTOPS LS 1 $ 21.611.00 $ 11,969.00 $ J3 ENTRANCE FLOOR MATS AND FRAM ES LS 1 $ 6,012.00 $ $ SUBTOTAL PART J-Furnishing(items J1 thru J3) $ 69,090.00 $ 49,14800 $ 40,357.00 Part K-CONVEYING EQUIPMENT K1 HYDRAULIC ELEVATORS LS 1 $ 120,241.00 $ 120,285.00 $ 110,724.00 SUBTOTAL PART K-Conveying Equipment(item K1) $ 120,241.00 I 120,285.00 $ 110,724.00 Part L-FIRE SUPPRESSION L1 I FIRE--t-UN SPRINKLER SYSTEMS LS 1 $ 105.156.00 $ 115,911.00 $ 139,836.00 SUBTOTAL PART L-Fire Suppression(item L1) $ 105,156.00 $ 115,911.00 $ 139,836.00 Pepe 2 cr 5 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI.TEXAS TABULATED BY: Architect:Turner-Ramirez Architects BID DATE:Wednesday,November 16,2022 RFB 4421 Fulton"Coastcon General Contractors Teal Construction SpawGlass Contractors,Inc. PROJECT NO.21086 Police Training Academy(Bond 2020) 1102 2nd Street 5 110 B IH 37 2209 N.Padre Island Drive Unit Y BASE BID(PART A THRU 0) Corpus Christi,Texas 78404 Corpus Christi,Texas 78407 Corpus Christi,Texas 78408 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT Part M-MEP M1 MECHANICAL EQUIPMENT LS 1 $ 610,979.00 $ 618,908.00 $ 594,632.00 M2 CHILLED WATER PIPING LS 1 $ 401,568.00 $ 406,779.00 $ 390,823.00 M3 DUCTWORK LS 1 $ 387,276.00 $ 392,302.00 $ 376,914.00 M4 CONTROLS LS 1 $ 261,259.00 $ 264,650.00 $ 262,779.00 M5 ELECTRICAL SWITCHGEAR/PANELS LS 1 $ 100,403.00 $ 213,506.00 $ 207,717.00 M6 LIGHT FIXTURES LS 1 $ 490,152.00 $ 691,947.00 $ 673,185.00 M7 GENERAL GROUN DING/BONDING LS 1 $ 26,234.00 $ 41,006.00 $ 39,894.00 M8 LIGHTING PROTECTION SYSTEM LS 1 $ 38,258.00 $ 29,973.001 $ 33,534.00 M9 SITE/UTILITY DUCTAND RACEWAYS LS 1 $ 309,912.00 $ 246,038.00 $ 239,366.00 M10 IBUILDING RACEWAYS/CIRCUITRY LS 1 $ 509,948.00 $ 512,130.00 $ 511,010.00 M11 PLUMBING EQUIPMENT/FIXTURES LS 1 $ 240,842.00 $ 323,970.00 $ 342,048.00 M12 DWV/WATER PIPING LS 1 $ 442,702.00 $ 740,828.00 $ 720,740.00 M13 INAI URAL GAS PIPING LS 1 $ 37,960.00 $ 39,637.00 $ 38,562.00 SUBTOTAL PART M-MEP(Items M1 thru M13) $ 3,857,493.00 $ 4,521,674.00 $ 4,431,204.00 Part N-COMMUNICATIONS/ELECTRICAL SAFETY AND SECURITY N1 GROUNDINGAND BONDING LS 1 $ 52,469.00 $ 37,624.00 $ 29,256.00 N2 UNDERGROUND DUCT AND RACEWAYS LS 1 $ 78,703.00 $ 71,078.00 $ 69,150.00 N3 BACKBONE AND HORIZONTAL CABLING LS 1 $ 100,426.00 $ 127,371.00 $ 109,361.00 N4 AUDIOVISUAL INFRASTRUCTURE LS 1 $ 17,722.00 $ 22,196.00 $ 178,727.00 N5 ELECTRONIC SECURITY,ACCESS CONTROLAND INTRUSION DETECTION LS 1 $ 52,227.00 $ 46,058.00 $ 51,197.00 N6 VIDEO SURVEILLANCE LS 1 $ 110,664.00 $ 66,051.00 $ 83,482.00 N7 FIRE DETECTION AND ALARM SYSTEM LS 1 $ 110,886.00 $ 31,268.00 $ 51,350.00 SUBTOTAL PART N-Communications/Electrical Safety&Security(Items N1 thru 147) $ 523,097.00 $ 401,646.00 $ 572,523.00 Part O-EARTHWORK 01 SOILS FOR EARTHWORK LS 1 $ 43,287.00 $ 271,088.00 $ 236,834.00 02 SITE EXCAVATION AND FILL LS 1 $ 108,217.00 $ 67,927.00 $ 108,640.00 03 ROUGH AND SITE GRADING LS 1 $ 22,365.00 $ 86,216.00 $ 79,623.00 04 TERMITE CONTROL LS 1 $ 10,602.00 $ 5,468.00 $ 9,532.00 05 CLEARING,GRUBBING AND STRIPPING LS 1 $ 108.217.00 $ 31,766.00 $ 30,905.00 06 LIME STABILIZED SUBGRADE LS 1 $ 110.020.00 $ 149,476.00 $ 251,874.00 SUBTOTAL PART O-Earthwork(items 01 thru 06) $ 402,708.00 $ 611,941.00 $ 717,408.00 Part P-EXTERIOR IMPROVEMENTS CONCRETE PAVEMENT, CURB, GUTTER, VALLEY GUTTER, SIDEWALK P1 DRIVE WAYSANDPAVEMENTMARKINGS LS 1 $ 682,186.00 $ 582,655.00 $ 505,329.00 P2 DECORATIVE METAL FENCE AND GATES LS 1 $ 117,915.00 $ 92,286.00 $ 130,827.00 UNDERGROUND SPRINKLERS, COMMON PLANTING REQUIREMENTS, SOIL p3 PREPARATION,SODDING AND PLANTS LS 1 $ 278.414.00 $ 330,947.00 $ 301,586.00 SUBTOTAL PART P-Exterior Improvements(Items P1 thru P3) $ 1,078,515.00 $ 1,005,888.00 $ 937,742.00 Part Q-UTILITIES Q1 REINFORCED CONCRETE PIPE LS 1 $ 363.702.00 $ 428,174.00 $ 416.564.00 Q2 IWATERLINES,PVC PIPES,DUCTILE IRON PIPE AND FITTINGS LS 1 $ 54.245.00 1 1$ 102,095.00 1 1$ 99.326.00 Page 3 of 5 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Architect:Turner-Ramirez Architects BID DATE:Wednesday,November 16,2022 RFB 4421 Fulton'Coastcon General Contractors TealConstruction SpawGlass Contractors,Inc. PROJECT NO.21086 Police Training Academy(Bond 2020) 1102 2nd Street 5110B IH 37 2209 N.Padre Island Drive Unit Y BASE BID(PART A THRU Q) Corpus Christi.Texas 78404 Corpus Christi.Texas 78407 Corpus Christi.Texas 78408 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Q3 WATERLINE RISER ASSEMBLIES AND GATE VALVES LS 1 $ 34,916.00 $ 65.208.00 $ 63.440.00 Q4 FIRE HYDRANTS LS 1 $ 10,332.00 $ 22.114.00 $ 21.514.00 Q5 GRAVITY SANITARY SEWER AND CATCH BASINS LS 1 $ 326,153.00 $ 331.418.00 $ 322.432.00 SUBTOTAL PART Q-Utilites(Items Q1 thru Q5) $ 789,348.00 $ 949.009.00 $ 923,276.00 TOTAL BASE BID $ 19,919,996.00 $ 20,203,165.00 $ 22,004,052.00 ALTERNATES Part R-ADDITIVE ALTERNATE NO.1-RUNNING TRACK R1 SITE WORK LS 1 $ 36,920.00 $ 352.648.00 $ 328.250.00 R2 SUBGRADE LS 1 $ 244,150.00 $ 275.640.00 $ 284.037.00 R3 CONCRETE LS 1 $ 57,700.00 $ 65.134.00 $ 63.433.00 R4 CONCRETE MISCELLANEOUS LS 1 $ 462,000.00 $ 1.464.00 $ 26.248.00 R5 FIELD DRAINAGE SYSTEM LS 1 $ 25,327.00 $ 26.952.00 $ R6 TRACK ASPHALT&BASE LS 1 $ 167,000.00 $ 180.129.00 $ 175.425 00 R7 SYNTHETIC RUNNING TRACK SURFACE LS 1 $ 241,613.00 $ 248.222.00 $ 241.739.00 ALTERNATE 1-PART -Running Track(Items R1 thru R7) $ 1,234,710.00 $ 1,150,189.00 $ 1.119.132.00 Part S-ADDITIVE ALTERNATE NO.2-ON-SITE AUXILIARY POWER GENERATOR S1 AUTOMATIC TRANSFER SWITCH LS 1 $ 40,680.00 $ 98.875.00 $ 95.696.00 S2 NATURAL GAS FUELED STAND-BY GENERATOR LS 1 $ 318,200.00 $ 309.148.00 $ 338.580.00 ALTERNATE 2-PART S-On-Site Auxiliary Power Generator(Items S1 thru S2) $ 358,880.00 $ 408.023.00 $ 434.276.00 Part T-ADDITIVE ALTERNATE NO.3-CERAMICTILE ON WALL OF A116 MEN'S&A711 WOMEN'S LOCKER ROOMS,At 14 MEN'S&At 13 WOMEN'S RESTROOMS,At 15 MEN'S&At 12 WOMEN'S SHOWERS,At 18 UNISEX RESTROOM T1 ICERAM IC TILES I LS 1 1 $ 47,871.00 $ 73.356.00 $ 154.973.00 ALTERNATE 3-PART T-Ceramic Tile on Walls(Item T7) $ 47,871.00 $ 73.356.00 $ 154.973.00 Part U-ADDITIVE ALTERNATE NO.4-POLISHED CONCRETE FLOOR AY CORRIDORS A100,B104,B114& PROVIDE CERAMIC TILE FLOOR AT B100 LOBBY U1 POLISHED CONCRETE LS 1 $ 12,117.00 $ 2.263.00 $ 9.624.00 U2 CERAM IC TILES LS 1 $ 20,570.00 $ 54.245.00 $ 35.092.00 ALTERNATE 4-PART U-Polished Flooring(Items U7 thru U2) $ 32,687.00 $ 56.508.00 $ 44.716.00 Part V-ADDITIVE ALTERNATE NO.5-2X4 TECTUM CEILINGS AT B211 AUDITORIUM CLASSROOM V1 TECTUM CEILINGS I LS 1 $ 66,864.00 $ 59.379.00 $ 49.171.00 ALTERNATE 5-PART V-Tectum Ceilings in Auditorium Classroom(Item V7) $ 66,864.00 $ 59,379.00 $ 49.171.00 Part W-ADDITIVE ALTERNATE NO.6-GLASS WALL DISPLAY AT B100 MAIN LOBBY W1 GLASS WALL DISPLAY I LS 1 $ 3,697.00 $ 38.275.00 $ 3.724.00 ALTERNATE 6-PARTIN-Glass Wall Display in Main Lobby(Item Wl)j 3,697.00 $ 38.275.00 $ 3.724.00 Page 4.f5 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Architect:Turner-Ramirez Architects BID DATE:Wednesday,November 16,2022 RFB 4421 Fulton'Coastcon General Contractors TealConstruction SpawGlass Contractors,Inc. PROJECT NO.21086 Police Training Academy(Bond 2020) 1102 2nd Street 5110B IH 37 2209 N.Padre Island Drive Unit Y BASE BID(PART A THRU O) Corpus Christi.Texas 78404 Corpus Christi.Texas 78407 Corpus Christi.Texas 78408 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE I AMOUNT Part X-ADDITIVE ALTERNATE NO.7-ACCESS FLOORING AT 8211 AUDITORIUM CLASSROOM 8. SPANDREL GLASS AT LOWER WINDOW GLAZING X1 ACCESS FLOORING LS 1 $ 70,026.00 $ 73.564.00 $ 108.121.00 X2 SPANDREL GLASS LS 1 $ 8,823.00 $ 686.00 $ 11.829.00 ALTERNATE 4-PART U-Polished Flooring(Items Ul thru U2) $ 78,849.00 $ 74,250.00 $ 119,950.00 Part Y-ADDITIVE ALTERNATE NO.8-ACOUSTICAL METAL CEILING AT 101 WEIGHT/EXERCISE ROOM y1 ACOUSTICAL METAL CEILING LS 1 $ 135,589.00 $ 107.987.00 $ 160.252.00 ALTERNATE 8-PARTY-Metal Ceiling in WeightlExercise Room(Item Y7) $ 135,589.00 $ 107.987.00 $ 160,252.00 Part Z-ALLOWANCES Z1 ALLOWANCE FOR UNFORESEEN BUILDING CONDITIONS DURING CONTRUCTION AL 1 $ 825,000.00 $ 825.000.00 $ 825.000.00 Z2 HVAC T8B ALLOWANCE AL $ 30,000.00 $ 30.000.00 $ 30.000.00 Z3 INTERIOR GRAPHICS ALLOWANCE AL 1 $ 10,000.00 $ 10.000.00 $ 10.000.00 SUBTOTAL PART Z-Allowances(items Zl thru Z3) $ 865,000.00 $ 865.000.00 $ 865.000.00 TOTAL BASE BID AND ALTERNATE No.1 $ 21,154,706.00 $ 21,353,354.00 $ 23,123,184.00 OVERALL TOTALS WITH ALL ALTERNATES/ALLOWANCES $ 22,744,143.00 $ 23,036,132.00 $ 24,955,246.00 Page 5.f5 t -:27a PROJECT LOCATION N SCALE: N.T.S. a LYJM LOCATION MAP TEXAS A&M NOT TO SCALE UNIVERSITYCORPUS CHRISTI M�gRo< 2Z F � 358 - OSO BAY CORPUS CHRISTI �� a NAVAL AIR STATION Qv O 619 0o FL UR BLUFF Qo O� 358 � z U v X0.4 w yoR P o PROJECT LOCATION LAGUNA MADRE VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21086 CITY COUNCIL EXHIBIT Police Training Academy CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES 4 N SCALE: N.T.S. o= PROJECT LOCATION ,� ✓ w ar �� ✓ b- e a � , r ¢Q. O u f � � w G AERIAL MAP M , OSCALE - PROJECT NUMBER: 21086 CITY COUNCIL EXHIBIT Police Training Academy CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES w.i Capital Improvement Plan 2023 rhru 2025 City of Corpus Christi, Texas Project# 21086 Project Name Police Training Academy Type Improvement/Additions Department Police Department Useful Life 40 years Contact Police Chief Category Building Addition Priority 1 Critical-Health&Safety Status Active Description Project will provide a turn-key,Design-Build,solution for a new 36,730 square foot Police Academy Building constructed on a portion of Del Mar South Property.The new Police Academy Complex will occupy approximately 9-Acres. The project includes an applied instruction building,physical training building,and all necessary supporting infrastructure. Justification The current Police academy building is over 30 years old and has no room for expansion. Current cadet academies are limited to 30 cadets due to lack of space. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 15,966,250 15,966,250 Design 1,124,343 1,124,343 Contingency 1,337,012 1,337,012 Capital Equipment 1,715,000 1,715,000 Eng,Admin Reimbursements 125,657 2,085,738 2,211,395 Total 1,250,000 21,104,000 22,354,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(Prior) 5,360,000 5,360,000 Certificates of Obligation(New) 14,744,000 14,744,000 G.O. Bond 2020 1,250,000 1,250,000 General Fund 1,000,000 1,000,000 Total 1,250,000 21,104,000 22,354,000 Budget Impact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to maintain these improvements. 161 Capital Improvement Plan 2023 rhru 2025 City of Corpus Christi, Texas Project# 21086 Project Name Police Training Academy Type Improvement/Additions Department Police Department Useful Life 40 years Contact Police Chief Category Building Addition Priority 1 Critical-Health&Safety Status Active Description Project will provide a turn-key,Design-Build,solution for a new 36,730 square foot Police Academy Building constructed on a portion of Del Mar South Property.The new Police Academy Complex will occupy approximately 9-Acres. The project includes an applied instruction building,physical training building,running track,and all necessary supporting infrastructure. Justification The current Police academy building is over 30 years old and has no room for expansion. Current cadet academies are limited to 30 cadets due to lack of space. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 21,154,706 21,154,706 Design 1,124,343 1,124,343 Testing 175,000 175,000 Permitting 142,274 142,274 Capital Equipment/Furniture 540,000 540,000 IT 1,175,000 1,175,000 Eng,Admin Reimbursements 125,657 1,680,556 1,806,213 Tom 1,250,000 24,667,536 26,117,536 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(Prior) 5,360,000 5,360,000 Certificates of Obligation(New) 18,507,536 18,507,536 G.O. Bond 2020 1,250,000 1,250,000 General Fund 1,000,000 1,000,000 Total 1,250,000 24,667,536 26,117,536 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to maintain these improvements. 161 12/2/2022 Ratna S. Pottumuthu, PE, LEED AP—Assistant Director of Project Management TURNER I RAMIREZ City of Corpus Christi Engineering Services A R C H I T E C T S 1201 Leopard Street Corpus Christi, Texas 78401 FOR CONSTRUCTION ADMINISTRATION, ADDENDUM NO. 03 ($93,953.00 Amendment) SUBJECT: New City of Corpus Christi Police Training Academy Construction Administration Services Dear Ms. Pottumuthu: Please accept this letter as our proposal to perform additional professional services desired in coordinating the Construction Administration Services for the Corpus Christi Police Academy project. It is understood that the new Police Academy Project Design Fees shall be increased in the amount of Ninety-three thousand Nine-hundred Fifty-three Dollars and Zero Cents ($93,953.00) to accommodate for including the Construction Administration Phase back into the project. Project Description and Task List: The Police Training Academy will be located on approximately eight (8) acres off Yorktown Boulevard at Del Mar College's new Oso Creek (South) Campus. The facility is anticipated to be approximately 36,500 square feet and will include a two story and high bay sections of the building. The Police Training Academy program is understood to include the following: an auditorium, multipurpose training classrooms, administrative offices, resource room, breakroom, driving simulator room, crime scene training room, weapons simulator room, armory, physical fitness room, defensive tactics room and locker rooms, showers & a 400m rubberized track and associated fencing / lighting. This new facility is being designed to maintain the current Phase 1A campus aesthetics for a unified and cohesive campus. The facility will be capable of meeting the requirements of training of cadets but also as a Regional Police Training Academy. Scope of Services: 4. Construction Phase TRA will advise the City during project construction milestones, including significant field matters relating to the construction of the project. TRA's action in reviewing submittals will be taken in accordance with a mutually approved (City & TRA) submittal schedule generated by the General Contractor. TRA will review and approve or take appropriate action upon the General Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for checking for conformance with information given and the design concept expressed in the Contract Documents. No more than two reviews of each submittal will be provided. TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 4 TRA will review and respond to requests for information about the Contract Documents as they pertain to design intent. Requests for information are anticipated to include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. If appropriate, TRA will prepare and issue supplemental Drawings and Specifications in response to requests for information. If required, TRA will issue minor changes in the Work that are consistent with the intent of the Contract Documents that do not involve an adjustment in the Contract Sum or an extension of the Contract Time. TRA will prepare a punch list and submit it to the City and conduct the final inspection upon the completion of the project. Tasks: ■ Coordinate with the City inspector to authorize minor field alterations that do not affect the contractor's price and are not contrary to the interest of the City. ■ Conduct a 'final inspection" with City and General Contractor and make a recommendation concerning final acceptance. ■ Review and approve all General Contractor's shop drawings and/or submittals. ■ Prepare necessary change orders during the process of the work. City will process all change orders. Schedule: 1. 100%signed and sealed October 16, 2022 2. Bids Due November 16, 2022 3. Anticipated Notice to Proceed January 2023 4. Construction Phase June 4, 2024 (494 days) Fees: A/E Fees to be Added to Construction Document Phase and Removed from Construction Phase: 1. Additional Services — Academy Construction Administration Services Inclusive of all Construction Administration Services as noted $93,953.00 above for the new Police Academy Project. FEE $93,953.00 TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 2 of 4 Revised Summary of AIE Fees: (Basic Services are a fixed fee) 1. Schematic Design Phase $197,680.00 2. Design Development Phase $197,680.00 3. Construction Document Phase Revised $491,313.00 4. Bidding Phase $24,670.00 5. Construction Phase Revised V.2 $149,010.00 Sub-Total A/E Basic Services Fixed Fee $1,060,353.00 6. Optional Services Topographic Surveying (Design Phase— Fixed Fee $6,600.00 Permit Preparation Construction Phase— Fixed Fee $5,100.00 Construction Observation Services (Construction Phase— $28,000.00 Hourly/ Not to Exceed IECC Commissioning Construction Phase—Fixed Fee $25,000.00 Record Drawings Construction Phase—Fixed Fee $20,000.00 Project Closeout Construction Phase— Fixed Fee $5,000.00 Furniture, Fixture & Equipment Procurement Package (Fixed $49,500.00 Fee)—Amendment No. 1 Sub-Total Optional Services $139,200.00 TOTAL REVISED PROPOSED FEE $1,199,553.00 TRA Hourly Rate Schedule: (For use in Not to Exceed and Additional Services Scopes) Turner I Ramirez Architects—Hourly Rates (2022—2023) Principal $240.00/hr Director of Operations $220.00/hr Design Director $200.00/hr Project Architect $185.00/hr Interior Designer $185.00/hr Project Manager $175.00/hr Production Associate $125.00/hr Admin $75.00/hr TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 TRARCH.COM Page 3 of 4 We look forward to continuing working with the City of Corpus Christi on this important project. Should you have any questions please feel free to contact me at my office. Regards, Philip Ramirez, AIA, RID, LEED AP Principal Architect/President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 4 of 4 Letter of Recommendation 12/09/2022 TURNER I RAMIREZ ARCHITECTS Isaac Perez City of Corpus Christi Engineering Services Department Re:Contractor Selection Mr. Perez, The final construction documents were issued out to bid for City of Corpus Christi Police Training Academy by Turner I Ramirez Architects on November 16,2022. The City of Corpus Christi held a public bid opening with all the(3)three of the general contractors present.The respective cost proposals were opened establishing the lowest bidder. It is recommendation of Turner I Ramirez Architects award the contract for construction to(the Lowest bidding firm) Fulton Coastcon. It is our opinion that the recommended total contract sum is acceptable and within current construction market pricing for the Corpus Christi area. The combined base bid and alternate pricing is as follows: Base Bid: $19,919,996.00 List of Bid Alternates Accepted Declined Bid Alternate No. 1 Running Track-4 lanes $1,234,710.00 X Bid Alternate No. 2 On Site Auxiliary Generator $ 358,880.00 X Bid Alternate No. 3 Ceramic Tile on Walls @ Men's&Women's $ 47,871.00 X Lock/showers Bid Alternate No.4 Polished Concrete Floor at $ 32,687.00 X Corridors/Ceramic Tile Lobby Bid Alternate No. 5 2x4 Tectum Ceilings at B211 Auditorium $ 66,864.00 X Classroom Bid Alternate No. 6 Glass Wall @ B100 Main Lobby $ 3,697.00 X Bid Alternate No. 7 Access Flooring @13211 Classroom $ 78,849.00 X Bid Alternate No. 8 Acoustical Metal Ceiling @ A101 $ 135,589.00 X Weight/Exercise Rm Total Accepted Alternates Amount: $1,234,710.00 Total Contract Sum: $21,154,706.00 Regards, Philip Ramirez,AIA President TURNER I RAMIREZ ARCHITECTS 3751 S. ALAMEDA ST. I CORPUS CHRISTI, TX 78411 1 TRARCH.COM Page 1 of 1 Corpus Chr sti Engineering Police Training Academy Council Presentation December 20, 2022 Police Training Academy — Location Engin Chisti {-} Engineeringg Del Mar South Campus (Yorktown Blvd & Rodd Field Rd) PHASE 1 DEL MAR-POUTWCAMPUS 9-acres on West portion of campus i YORKTOWN BLVD. LL 2 Police TrainingAcademy I ^- em Y Corpus Chr sti �r Engineering North-East View w �. ' _ 4)OK t Project Scope Corpus Chr sti -} Engineering • $21. 15 Million for Construction • Two story 34,000 square feet • Large training classrooms, administrative offices, resource room, research library, breakroom, armory, physical training spaces, and secure Patrol Car parking • 400-meter running track (Bid Alternate #1) Project Schedule Corpus Chr sti Engineering 2022 2023 - 2024 June - Dec January - June Bid/Award Construction Project schedule reflects construction start in January 2023 with anticipated completion by June 2024. se X111 a.� H v AGENDA MEMORANDUM NONPOPPt EFirst Reading Ordinance City Council Meeting December 20, 2022 1852 Second Reading Ordinance City Council Meeting January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4(o-)cctexas.com (361) 826-3133 Amendment to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. CAPTION: Ordinance approving the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for$400,000.00 from the Golf Fund and $1,160,000 from the approved Certificates of Obligation for increased construction costs for improvements to the Gabe Lozano Golf Center Executive Nine Hole Course and practice range project; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. SUMMARY: This Ordinance authorizes a second amended and restated Addendum No.1 to the two-year service agreement with Foresight Corpus Christi Golf, L.L.C. and provides for $400,000.00 from the Golf Fund and $1,160,00 from approved Certificates of Obligation for increased construction costs to the Lozano Golf Center project, and an additional $12,000 to cover the City's administrative interdepartmental fees. Due to supply shortages and an increase in market costs, the initial estimate is no longer sufficient to cover the construction cost for the executive golf course and practice range. The City will provide a total funding amount of up to $4,360,000 for the Lozano Golf Center project on a capital improvement basis. The additional funding is available in the Golf Fund from revenue generated at Gabe Lozano and certificates of obligation. BACKGROUND AND FINDINGS: The City of Corpus Christi and Foresight Corpus Christi Golf, L.L.C. (FCCG), entered into a Lease Agreement for the operation of Lozano Golf Center in February 2011. Foresight Corpus Christi Golf (FCCG) has continually operated the property since 2010 and the current lease agreement expires on January 31, 2031. The lease agreement authorized to segregate and hold the Capital Fund to fund capital improvement projects for the golf course with approval from the City Manager. On September 14, 2021, an Addendum (No. 1) to the Lease Agreement with FCCG was approved by City Council to provide funding up to $2,300,000.00, as included in the FY 2022 and FY 2023 Capital Budget, on a reimbursement basis, for the renovation of the executive nine-hole golf course and practice range at Lozano Golf Center with approval from the City Manager. Soon after approval of Addendum No. 1, the Corpus Christi B Corporation Board approved additional funding in the amount of$500,000 for lighting improvements at the practice range and executive 9-hole course at Lozano Golf Center, increasing the original funding from $2,300,000 to $2,800,000. The proposed capital improvements will extensively renovate the existing practice range and 9-hole executive golf course. The proposed improvements included an additional 10,000 square foot practice green, expand practice tees (50 hitting stations), create a short-term practice area/pitching area with targets. The practice range will be excavated and lowered to facilitate drainage, allowing maximum hours of operation. A Scottish-style"burn"will also be added to offer interest and facilitate drainage. The "burn" will drain into the existing drainage channel along the east side of the golf course. This additional funding for the executive 9-hole course and practice range would create "state of the art" practice facilities that will serve as additional high-quality inventory for the City's residents and tourists; an excellent venue for instructional programming/practice for high school/middle school golf. Completion of the project will aide in fostering a greater partnership with the Corpus Christi Convention and Visitors Bureau, helping Corpus Christi become a true golfing destination. Approval of this item will ensure that adequate funding is available to complete the project. The engineering phase is complete, and permits have been obtained for the lighting project. The estimated completion of the construction project is May 2023. ALTERNATIVES: An alternative is to not provide additional funding which may reduce and delay improvements to the project, which may result in potential revenue loss. FISCAL IMPACT: The fiscal impact of the amendment for this project is a total funding amount of $4,360,000 in capital improvement expenditures. FUNDING DETAIL: Fund: 4690 Golf Center 3298 Park & Rec 2023 CO Organization: 35200 Gabe Lozano Golf Course Maintenance Activity: 220183280EXP Park CIP Fund 220183298EXP Park & Rec 2023 CO Mission Element: 141 Manage/maintain recreational facilities Project # (CIP Only): 22018 Gabe Lozano Golf Course Account: 548500 Operating Transfers Out 550910 Construction contracted RECOMMENDATION: Staff recommends approval of the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Council Approved CIP page Amended CIP Page Lease Amendment Presentation Ordinance authorizing the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $412,000.00 from the Golf Fund and $1,160,000 from the anticipated Certificates of Obligation for increased construction costs for improvements to the Lozano Golf Center Executive Nine Hole Course and practice range; appropriating $412,000 from the Golf Fund; and amending the operating and capital budgets. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That funds in the amount of $412,000.00 are appropriated from the Golf Fund No. 4690 and transferred to the CIP Fund 3280 for improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course, with $400,000 for the additional construction costs and $12,000 for administrative expenses. SECTION 3. That the FY2022-23 Operating Budget adopted by Ordinance No. 032855 is amended to increase expenditures by $412,000.00. SECTION 4. That the FY 2022-23 Capital Budget adopted by Ordinance No. 032856 is amended to increase revenues and expenditures by $412,000.00. SECTION 5. That the City Manager or designee is authorized to execute the Second Amended and Restated Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. a Texas Limited Liability Company, which provides for $400,000.00 from the Golf Fund and $1,160,000 from the $1,200,000 that is anticipated to be included in forthcoming Certificates of Obligation for the increased construction costs for the improvements at the practice range and executive 9-hole course at the Gabe Lozano Golf Course. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20227 by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 20227 by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor I 2nd AMENDED AND RESTATED ADDENDUM NO. 1 TO LEASE AGREEMENT WITH FORESIGHT CORPUS CHRISTI GOLF,L.L.C. Whereas, on October 26, 2010, the City of Corpus Christi (herein referred to as "the City") and Foresight Corpus Christi Golf, L.L.C., a Texas Limited Liability Company and wholly owned subsidiary of Foresight Golf L.L.C., a Texas Limited Liability Company (herein referred to as "Operator") entered into a Lease Agreement; (herein referred to as the "Lease") regarding Oso Beach and Gabe Lozano (as defined in the Lease); Whereas,the Lease was amended by Amendment No. 1 on April 30, 2013, and Amendment No. 2 as of December 1, 2020; Whereas,the Lease authorized the Operator to segregate and hold the Capital Fund to fund capital improvement projects at the Golf Courses; Whereas,the Lease authorized Operator to make certain capital improvements to the Golf Courses with approval from the City Manager; Whereas,the Operator has proposed a capital improvement project to remodel the executive golf course and the practice range at Gabe Lozano (the "Project"); Whereas, Addendum No. 1 to Lease Agreement with Foresight Corpus Christi Golf, L.L.C. (herein referred to as "Addendum No. 1") was approved by the Corpus Christi City Council on September 14, 2021; Whereas,after initial approval of Addendum No. 1, on September 20, 2021, the Corpus Christi B Corporation Board approved additional funding in the amount of $500,000 for lighting improvements at the executive golf course and the practice range at Gabe Lozano, and the parties now wish to amend and re-state Addendum No. 1 to include the additional improvements;imd Whereas,due to suply shortages and increases in the market costs, additional funding is required to complete the necessary repairs, Whereas, $400,000 is available in the Golf Fund from revenue generated at Gabe Lozano and $1,160,000 is available from anticipated Certificates of Obligation, and Whereas, the intent of this 42nd Amended and Restated Addendum No. 1 is to layout the responsibilities of each parry specifically related to the Project. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The parties enter into this addendum, effective on the date of last signature, to authorize the Project under the terms of the Lease. 2. City and Operator agree that, in accordance with Sections 8.2 and 12.2 of the Lease and according to state law,the City authorizes the Operator to proceed with the Project,as more fully described in Attachment A, which is attached hereto and incorporated by reference. 4812-3801-2412,v. 1 z a. Development of Plans and Specifications. Operator will have the engineer or architect prepare all plans and bid specifications for the Project in compliance with all applicable City, State and Federal codes and regulations for a City public works project. Operator shall ensure that the contract with the engineer or architect for design includes the terms on attached Attachment B. b. Project Bids. Operator shall competitively bid all construction contracts related to the Project in compliance with Texas law and in a commercially reasonable manner, including without limitation, advertising the Project and soliciting bids in a local newspaper. The specifications and contract terms for construction must include terms outlined in attached and incorporated Attachment C. Operator shall be responsible to provide oversight and contract management services including inspection services to verify work is timely and properly completed. Operator shall obtain all required City permits for the Project. c. Proiect Completion. Operator must cause the contractor to complete all work for the Project within three years following the Effective Date of this addendum.If construction of the Project is not completed within three years of the Effective Date, the City shall notify Operator in writing of such failure of completion and provide 60 days from the date of the notice for Operator to resolve the failure to complete the Project. If, after 60 days, and taking into account any extenuating circumstances that might have occurred through no fault of Operator, as determined by the City, City may terminate this addendum and have no further obligation to provide funding to Operator for this Project. Upon termination of this addendum for failure to timely complete the Project, the City may contract with a construction contractor to complete the project and seek all remedies available under any payment or performance bonds but will have no obligation to do so. In the event that the failure to complete the Project is a result of breach of contract or other failure on the part of Operator's contractor, Operator, with assistance from the City if necessary, will pursue any remedies from the contractor. If the failure to complete the Project is caused by Operator's fraudulent misappropriation of funds, then the Operator will re-pay the funds misappropriated from the City. d. Increased Hours. Once the Project, including the additional lighting improvements, is completed, Operator agrees to increase the hours during which the practice range and 9-hole executive golf course at Gabe Lozano are open and available for play. Initially, the Operator will keep the practice range and 9-hole executive golf course open until midnight each night. e. Quarterly Updates. Operator must provide quarterly updates on the Project to the City's Director of Parks and Recreation in October, January, April, and July of each year until final completion and acceptance of the Project by the City. 3. City will provide funding for the Project, up to $4,360,0002- - A8 on a capital improvement basis. 4812-3801-2412,v. 1 3 a. City Maximum Funding Amount. The parties agree that the capital expenditures required to complete the Project are not to exceed $4,360,0002- - 90 which is defined herein as the "City Maximum Funding Amount." The City shall only be responsible for payments up to the City Maximum Funding Amount for completion of the Project. Operator agrees to be responsible for payment of any costs which exceed the City Maximum Funding Amount. This funding includes $500,000 in funds from the Corpus Christi B Corporation, which can only be spent on lighting improvements related to the Project. In order to qualify for the full $4,360,000 40,0 0, Operator must expend at least $500,000 on the lighting improvements. No portion of the $500,000 for lighting improvements may be used for payment for the lighting improvements before November 19, 2021. b. Construction Payments. The City has approved Certificate of Obligation funds for this Project. These funds are held by the City for the dedicated purpose of funding this Project and no other purpose. At the request of the Operator, upon seven day's written notice, the City will provide documentation showing the funds remaining in the City's possession that are dedicated for this Project. The City will deposit the City Maximum Funding Amount to the Capital Account established under the Lease. Operator will issue payments for design and construction of the Project out of the Capital Account as costs are incurred for design and construction draw requests of the Project in accordance with the Lease and the design and construction contracts for the Project on an as-needed basis as laid out in the Payment Approval paragraph below. C. Payment Approval. As costs are incurred, the Operator can request that the City distribute funds to the Capital Account by submitting a Request for Payment Approval. When requesting payment approval, Operator will submit to the City Director of Parks and Recreation a Request For Payment Approval, in the form attached hereto as Attachment D for approval of payment of the costs related to the Project described in the Request For Payment Approval. The City will approve or resolve any objection,unless such action cannot be resolved without information or action from Operator, Operator's contractor, or other non-City actor, to the Request For Payment Approval within three business days of receipt of the request. Funds will be distributed to the Capital Account within 14 calendar days following City approval of the Request for Payment Approval. d. No Payment of Staff. City will not pay for Operator's staff time related to oversight and contract management of the Project. 4. City acknowledges that during construction of the Project the 9-hole executive course and the driving range of Gabe Lozano will be closed and consents to the closing of such two facilities for the duration of the Project construction. Also, during the Project construction, City Director of Engineering Services and City Director of Parks and Recreation, or their designees, have the right but not the obligation to inspect the Project. Operator agrees to timely resolve any issues identified by City staff that represent non-conformance with the Project design and construction plans. 5. Indemnification. Operator, its officers, agents, and employees ("Indemnitor') shall indemnify and hold the City of Corpus Christi, its 4812-3801-2412,v. 1 4 officers, agents, employees, and representatives ('Indemnitees') harmless and defend the Indemnitees from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature whatsoever on account of personal injuries (including death and Workers' Compensation claims), property loss or damage, or any other kind of injury, loss, or damage, including all expenses of litigation, court costs, attorney's fees, and expert witness fees which arise or are claimed to arise out of or in connection with this Agreement or the performance of this Agreement, regardless of whether the injuries, death, or damages, are caused or are claimed to be caused by the concurrent or contributory negligence of Indemnitees, but not if by the sole negligence of Indemnitees unmixed with the fault of any other person. Indemnitor must, at its own expense, investigate all claims and demands, attend to the settlement or other disposition of such claims, defend all actions based thereon with counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, claims, demands, suits, or actions. The indemnification obligations of the Indemnitor under this section shall survive the expiration or earlier termination of this Agreement. CITY DOES NOT AGREE TO DEFEND, NOR INDEMNIFY, NOR HOLD HARMLESS, OPERATOR UNDER ANY CIRCUMSTANCES. 6. This addendum is governed by the terms and conditions of the Lease, as amended, and is considered part of the Lease for all intents and purposes. Failure to comply with the terms of this addendum may be considered Operator or City Default in accordance with Section 15 of the Lease. 7. This addendum may be executed in multiple counterparts and by deliver of electronic fax or PDF copies, and all such counterparts will be deemed one and the same agreement among the parties whether or not the signatures of all parties appear on any given counterpart. [Signature Page Follows] 4812-3801-2412,v. 1 5 AGREED TO BY: Foresight Corpus Christi Golf, L.L.C. By: Daniel A. Pedrotti, Jr., Manager Date: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on by Daniel A. Pedrotti, Jr. as Manager of Foresight Corpus Christi Golf, L.L.C. on behalf of said company. Notary Public CITY OF CORPUS CHRISTI By: Peter Zanoni, City Manager Date: STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on by Peter Zanoni as the City Manager for the City of Corpus Christi, Texas a Texas municipality on behalf of said municipality. Notary Public Approved as to form: By: Assistant City Attorney Date 4812-3801-2412,v. 1 ATTACHMENT A—PROJECT DESCRIPTION This Project consists of a complete redo and transformation of the existing practice range and 9-hole executive golf course. From facilities that are underutilized and sub-par when compared to other municipal golf courses, this Project will create "state of the art" practice facilities and a 9-hole golf course that will be an excellent venue for all instructional programming and practice, high school and middle school golf and serve as additional high-quality inventory for the City's residents and guests. Lighting the facility will expand the hours of operation and will create an entertainment venue certain to increase the enjoyment of golf and recreation for all patrons, existing and new. The specific details of the Project include: • Expanding the practice tees to accommodate 50 hitting stations at one time. • The practice range area will be excavated and lowered to create better visibility of targets from the practice tee. It will facilitate drainage that will enable the range to tolerate rainfall and remain open for the maximum number of days. It will also facilitate creating a high, wrap- around ridge around the perimeter of the range that will contain golf balls and provide protection for players in the surrounding areas. • The Project will add an additional 10,000 square foot practice green for practice and instructional programming while allowing the existing practice green to be used as a warm-up facility for the 18-hole regulation course. • It will create a "short game" practice area for practicing chipping and bunker shots and a "pitching area" with targets spaced at 10-yard intervals to facilitate precision practice for longer short game play. • It will include a complete remodel of the 9-hole executive course, complete with new putting greens, tees, bunkers and a "Scottish Style Burn" to add strategy,variety and interest to the new golf holes while providing storm drainage to remove excess rainwater in storm events. This Project also includes$500,000 worth of lighting improvements for the practice range and 9-hole executive golf course. The lighting improvements must provide lighting enhancements that are sufficient to allow play on both the practice range and the 9-hole executive golf course in the evening and nighttime hours after sunset. Once the Project, including the lighting improvements, are completed, Operator will increase the hours and allow nighttime play on the practice range and 9-hole executive golf course. 4812-3801-2412,v. 1 The Executive & Junior Golf Tra,ining Facilities .1' (71 iL 1)L` 1 -1)ZA-1 110 (710 1 f Cyt'�1.f AO Y liri ' i I lite All, 'AI I 4H 41 v4 49—6, j 'I 1114.4 4 AI.4& 46..161 6 a.l 11, r:=k.7— L66 Lp —,..k.-L III P4 two 41.e'%.wf-ft"III-IIIIAiA%W P ..41 lk,ow 111 6 S40 W � 6"AI.16,L—i L,•U, j c. -W 7. 1-1.-a A..4.. d LL.LJ.. r6 L--:d .6—.j 4-11 AI L146 I J.IIII Na ilk "t INS, .A od b'", w IN hl hL ---------------------------- 1 Jif al 011111144 dw c—II I I irk k. A w WI '%A o A :40 'LP I I was lip F., T,Zjv ki 1. 34 1, ail C)If Thd J 71Ae AI 'LL 11 hA iw FIR-I ATTACHMENT B Required Terms for Contract with Architect or Engineer ("Consultant") ADDITIONAL SCOPE OF SERVICES. In addition to preparation of plans and specifications in compliance with all applicable City Codes and State laws,Consultant will conduct regular on-site inspections and observations of construction contractor's work in progress, materials and equipment to assist in determining if the work is in general proceeding in accordance with construction documents. INDEMNIFICATION A. Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. B. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, included in the indemnification above if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. C. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. INSURANCE. Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. Insurance Requirements for the Consultant are shown in ATTACHMENT B-1 4812-3801-2412,v. 1 ATTACHMENT B-1 Architect/Engineer ("Consultant") 1. Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Peroccurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 4812-3801-2412,v. 1 ATTACHMENT C- REQUIRED TERMS AND CONDITIONS FOR CONSTRUCTION OF THE PROJECT 1. Performance and Payment Bonds. Bonds furnished must be the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable laws and regulations. The contractors who are awarded contracts for construction of the Gabe Lozano improvements shall furnish the following bonds by surety companies authorized to do business in Texas: A. Payment Bond - A payment bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with City of Corpus Christi as an Obligee. B. Performance Bond - A performance bond in the amount of One Hundred Percent (100%) of the contract for construction of the Improvements shall be furnished covering the faithful performance of the contract. The performance bond shall be made with City of Corpus Christi as an Obligee. 2. All construction agreements for the Project shall include the following provisions. The Indemnity section shall be in large bold face font. A. INDEMNITY. THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI AND ALL OF ITS OFFICIALS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTION INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, INVITEES OR ANY OTHER PERSON, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT, AND CONTRACTOR SHALL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT THE CITY OF CORPUS CHRISTI FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. B. Project shall be constructed in accordance with all applicable Federal, State and City codes, laws and regulations. 4812-3801-2412,v. 1 C. Contractor and any subcontractors employed on this Project will comply with Chapter 2258 of the Texas Government Code by paying Contractor's employees or subcontractors not less than the general prevailing wage rates. D. Contractor warrants that the goods and services provided under this Contract shall be warranted against any defaults for five years from final acceptance. E. Contractor shall provide insurance as required by Attachment C-1. 4812-3801-2412,v. 1 ATTACHMENT C-1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Facilities & Property Management one(1)copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, Bodily Injury and Property Damage non-renewal, material change or termination Per occurrence - aggregate required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 4812-3801-2412,v. 1 INSTALLATION FLOATER Value of the equipment C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's 4812-3801-2412,v. 1 performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 4812-3801-2412,v. 1 ATTACHMENT D REQUEST FOR PAYMENT APPROVAL (Certification for Payment Approval—Gabe Lozano Remodel Project) CERTIFICATION FOR PAYMENT APPROVAL FORM NO. The undersigned [(the "Construction Manager")/("Operator"] requests approval for the proposed payment from The City of Corpus Christi (the "City") in the amount of $ for labor, design, materials, fees, and/or other general costs related to the acquisition or construction of certain authorized improvements to the Gabe Lozano Sr. Golf Course. In connection with the above referenced request of payment approval, [the Construction Manager/Operator] represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of [the Construction Manager/Operator], is qualified to execute this Certification for Payment Approval Form No. on behalf of [the Construction Manager/Operator], and is knowledgeable as to the matters set forth herein. 2. The work described in Exhibit A has been completed in the percentages stated therein. 3. The Certification for Payment Approval for the below referenced Authorized Improvements has not been the subject of any prior Certification for Payment Approval submitted for the same work to the City or, if previously requested, no approval was made with respect thereto. 4. The amounts listed for actual costs of the authorized improvements, as set forth in Exhibit A, is a true and accurate representation of the actual costs associated with the acquisition, design or construction of said Authorized Improvements. 5. Attached hereto as Exhibit B are invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment approval is requested. (Signature pages follow) 4812-3801-2412,v. 1 I hereby declare that the above representations and warranties are true and correct. a [Texas] [limited liability company], as CONSTRUCTION MANAGER/ Foresight Golf Corpus Christi, LLC] By: Name: Title: JOINDER OF PROJECT ARCHITECT The undersigned Project Architect joins this Certification for Payment Approval solely for the purposes of certifying that the representations made by [Construction Manager/Operator] in Paragraph 2 above are true and correct in all material respects. By: Name: Title: Date: 4812-3801-2412,v. 1 APPROVAL OF PAYMENT The City is in receipt of the attached Certification for Payment Approval Form No. , acknowledges the Certification for Payment Approval and otherwise finds the Certification for Payment Approval Form No. to be in order. After reviewing the Certification for Payment Approval Form, the City approves the payment described in the Certification for Payment Approval Form No. and authorizes release of the payment from golf course Capital Account to [the designer or construction contractor] or to any person designated by the [designer or construction contractor]. CITY OF CORPUS CHRISTI,TEXAS By: Name: Title: Date: 4812-3801-2412,v. 1 EXHIBIT A TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. Segment Description of Work Completed under Actual Costs this Certification for Payment EXHIBIT B TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. [Include Exhibit a bracketed if final progress payment for such Authorized Improvement] [bills paid affidavit and release of liens-attached] EXHIBIT C TO CERTIFICATION FOR PAYMENT APPROVAL FORM NO. ----- [Include invoices, receipts, purchase orders, change orders, and similar instruments, which are in sufficient detail to allow the City to verify the actual costs for which payment is requested] 4812-3801-2412,v. 1 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22018 Project Name Gabe Lozano Golf Course Type Reconditioning-Asset Longevity Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Site Improvements Priority 2 Critical-Asset Condition\longevity a Status Active - Description Renovations and improvements to an existing Executive 9-hole course and the practice range with the objective of creating a state-of-the-art facility that would be of the finest quality in the Coastal Region. The renovations and improvements will include but are not limited to the expansion of the practice tee,excavation and lowering of the range area for better visibility,adding 10,000 sq.foot practice putting green, addition of berms improved drainage and night time play lighting. Justification Necessary upgrades to improve the existing facility and increase profitability. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 157,500 3,487,800 3,645,300 Design 134,213 192,787 327,000 Eng,Admin Reimbursements 602 27,098 27,700 Total 292,315 3,707,685 4,000,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 292,315 2,007,685 2,300,000 Certificates of Obligation (New) 1,200,000 1,200,000 Type A/B Sales Tax(Prior) 500,000 500,000 Tom 292,315 3,707,685 4,000,000 Budget Impact/Other 71 The improved 9-hole facility will add a small amount of additional operating expenses,but will significantly increase programing,golf inventory, and profitability resulting in a net operating gain for the City. 72 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22018 Project Name Gabe Lozano Golf Course Type Reconditioning-Asset Longevity Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Site Improvements Priority 2 Critical-Asset Condition\longevity a Status Active - Description Renovations and improvements to an existing Executive 9-hole course and the practice range with the objective of creating a state-of-the-art facility that would be of the finest quality in the Coastal Region. The renovations and improvements will include but are not limited to the expansion of the practice tee,excavation and lowering of the range area for better visibility,adding 10,000 sq.foot practice putting green, addition of berms improved drainage and night time play lighting. Justification Necessary upgrades to improve the existing facility and increase profitability. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 157,500 3,875,500 4,033,000 Design 134,213 192,787 327,000 Eng,Admin Reimbursements 602 51,398 52,000 Total 292,315 4,119,685 4,412,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 292,315 2,007,685 2,300,000 Certificates of Obligation (New) 1,200,000 1,200,000 Type A/B Sales Tax(Prior) 500,000 500,000 Golf Fund 412,000 412,000 Total 292,315 4,119,685 4,412,000 Budget Impact/Other 71 The improved 9-hole facility will add a small amount of additional operating expenses,but will significantly increase programing,golf inventory, and profitability resulting in a net operating gain for the City. ✓. ;I CORPUS FORESIGHT GOLF CHRISTI INNONAT[YE MANAGEMENT SOLUTIONS © / PARKS& �---��o/ RECReATION Lozano Golf Center - Executive Golf Course and Practice Range Remodel Project Update December 20, 2022 Two Parts to The Remodel Project 1. Complete Remodel of 41 acres of 9-Hole Executive Course and Practice Range: • 2011 Vision - To create more quality golf for customers and additional programming opportunities for winter Texans, juniors and golf teams. • New Shaping and Topography for entire golf course and range • New Seashore Paspalum greens • New irrigation system • New and improved turf grasses • "State of The Art Quality" • Original funding - $2.3 million 2. Lighting of the 41 acres of New Golf Facility: • Became part of the vision in 2019 due to the dramatic success of the lighted San Pedro Golf Course in San Antonio and the opportunity to create a night-time entertainment venue for Corpus Christi. • Lighting will extend golf course and practice facility hours of operation up to midnight and create a very unique golf and entertainment experience. • Expanded night-time hours will feature cooler temperatures, less wind and make golf available to additional residents and tourists. • Original funding - $500,000 from Type B Corporation Gabe Lozano Golf Course Executive Course and Range 9-Hole Executive Course&Practice?iueuities Remodel Features: All • New interesting 9-hole golf course. • An additional 10,000 square foot E.. practice green. fie. • Expanding number of practice teeIF hitting stations to 50. _ • New "Short Game" practice area. • Defined target greens and fairway on ' the practice range floor. • Nets on both sides of practice range ® � to protect players, playing on the Executive Course. �. • Improved drainage throughout both i the course and range to facilitate a M. quicker return to play after rain ...... events. Pmpo�sed Site Plan Course Lighting Features and Project Details: • Engineering is complete and permits have been obtained. • In process of installing an additional 480-volt electrical service on the east side of the property along Airport Road to minimize long wire and conduit runs and to maximize cost effectiveness of the �,� �� �'' • design and system. � � fi • The picture to the right is representative of ° how the greens at the Executive Course will look under the lights. Lighting Project Details Continued: TRUMP NATIONAL IDWORALM • Musco Sports Lighting has been selected as the lighting manufacturer and contractor for the lighting project. • Musco is the "brand" name in sports lighting and does approximately 70 percent of high-quality lighting projects in the US. • The system comes with 4� "guaranteed light levels" for W 25 years. No other manufacturer has been in business long enough to �W provide or honor a warranty such as this. wy The lighting project will take 2 to 3 months to complete and should coincide with the "irrigation system installation" process and timeline (February— May) on the following schedule. San Pedro Testimonial "As it relates to your project in Corpus, I'm delighted to help. If you watched any of 'The Match'last weekend, you saw the excitement about playing under the lights from the pros. San Pedro hasn't been a Home Run, it's been a GRAND SLAM. We are just finishing up a $275,000 parking lot expansion to accommodate the always full parking lot. We've also increased tee space this past summer, installed an artificial tee line, and are doing some cart path work to the course. Over the last few years, we have done enhancements to the grill and clubhouse area and in 2021 finished a teaching/coaching facility that has a separate space for club repair and retail. We lease those spaces. We have also improved our lighting on two different occasions. That is one area we missed early on was skimping on the lights. Roughly 1/2 of our rounds on the par 3 happen after 6 pm. We're open to midnight during daylight savings and 10pm during the winter." Andrew Peterson President, Alamo City Golf Trail Construction Timeline : ZOZ2 Work Item Nov Dec Jan Feb Mar Apr May Week 26 5 12 19 26 2 1 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 S 15 22 29 Mobilization Till&Strip Grass Haul&Bury Grass/Trees Strip&Stockpile Topsoil Dirt Excavation&Grading Topsoil Re-apply Drainage Features Construction EL Irrigation Finish Grading&Grass prep Grassing DR Cart Path Driving Range Netting Punch List/Clean up Grand opening is scheduled for Labor Day weekend, 2023 Progress 3 weeks into the project Existing grasses and vegetation have been eradicated. Silt fence is being installed. I . . Progress 3 weeks into the project Old green sod is being cut, in preparation for removal. Green sod is removed, facilitating salvage and reuse of sand. - i - •. .dad , t, Y'"�1F "�..._._ --�•—�...�.__. .. �--�---�—.�•`.�.. '— ,-- '�-'^ '.'. _ — mus-.- - .:, v ^i .,„. .-.+._�._—...—... x, ._ ,��rrr 8 y!°S} .•fit oa' ' Project Budget and Expenditures To Date: Construction Item Contractor Contract Amount Paid To Date Executive Course and Range Re-iode VM Golf Services,Inc. $1,984,404 $207,046 Golf Course Design Art Schaupeter $165,000 $105,053 Soil Tests David Gregg/Brookside Labs $1,420 $1,873 Protective Netting America's Nationwide Netting $315,044 $157,540 Engineering WGI $30,350 $30,350 Preplant Fertilizer and Sail Amrnendment Program Foresight Corpus Christi Golf $30,000 $0 Plan Review Fees City of Corpus Christi $3,072 $3,072- Miscellaneous 3,072Miscellaneous $15,000 $2,125 Subtotal: Ex. Course and Practice Range $2,540,756 $507,039 Lighting Project 57 Light Pales and Light Fixtures and Electrical Underground Project Bid $1,700,000 $0 Engineering WGI $12,000 $10,510 AEP-Additional Electrical Service on Airport Road $0 Miscellaneous WooO $0 Subtotal: Lighting Project $1,722,000 $10,510 Project Cost $4,262,756 $517,549 Appropriation Request • $400,000 from the No. 4690 Golf Enterprise Fund to go with the $2,300,000 Certificate of Obligation Funds to cover construction cost increases and originally unanticipated project costs such as safety nets. The current balance in the No. 4690 Golf Enterprise Fund is $568,491. • $1,172,000 from Certificate of Obligation Capital Improvement Funds to go along with the $500,000 Corpus Christi B Corporation funds for lighting of the Executive Course and Practice Range. 11 so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 14, 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Water Utilities michaelmur(a)cctexas.com (361) 826-3556 Determining Public Necessity and authorizing acquisition of property by eminent domain for the Inner Harbor Desalination Water Supply Project CAPTION: One-Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements in a total amount of up to $5,455,000 previously approved by City Council; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager SUMMARY: The ordinance authorizes the City Manager or designee to execute all real estate purchase contracts and instruments, including a Purchase and Sale Agreement, a Development Agreement and an Easement Agreement in the previously authorized amount of $5,455,000. This ordinance also authorizes the use of the power of eminent domain should it become necessary to proceed with condemnation proceedings in order to acquire the property interests needed for this water supply project. City Council must first determine that a public use and necessity exists for the project and then must delegate its authority to use the power of eminent domain to the City Manager. Eminent domain proceedings will be necessary only if the City and the landowner cannot reach an agreement on the terms of the property acquisition. BACKGROUND AND FINDINGS: The City of Corpus Christi has been working on alternative water sources for decades. Following the 2011-2013 drought, the City of Corpus Christi along with stakeholders formed a group to investigate potential water sources for a new, uninterruptible water supply for the region. Following extensive evaluations of the quality, quantity, and reliability of alternative water supplies, seawater desalination was determined to be the most safe, reliable, and cost-effective alternative. On July 23, 2020 the City of Corpus Christi was approved to receive funding through the State Water Implementation Fund for Texas (SWIFT) loan program in an amount not to exceed $222,475,000 from the Texas Water Development Board (TWDB) to fund the design and construction of a seawater desalination plant within the Inner Harbor to provide a future water supply. On August 25, 2020, City Council authorized the financial agreement to accept the first part of the loan, $11 ,425,000, from the TWDB. Pursuant to the plan presented to City Council, this item proceeds with Land Acquisition, Easements, Right of Ways, and Site Mitigation. On May 10, 2022, City Council authorized the preparation of final contract documents for the purchase of approximately 12.5 acres of property and 11 acres of easements from Flint Hills Resources Corpus Christi, LLC in the amount of$5,455,000. This ordinance is to authorize the execution of the final contract documents ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution or ordinance at a public meeting by a record vote delegating its authority. FISCAL IMPACT: The fiscal impact for FY 2023 is an amount of $5,455,000 for property acquisition with funding available from the State Water Implementation Fund Texas Loan-2020. RECOMMENDATION: Staff recommends approval of resolution to acquire property for the Inner Harbor Desalination project. LIST OF SUPPORTING DOCUMENTS: Ordinance Purchase and Sale Agreement with Exhibits COF Presentation One-Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements in a total amount of up to $5,455,000 previously approved by City Council; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager WHEREAS, the City of Corpus Christi ("City") requires multiple tracts of real property interests consisting of approximately 12.4 acres of real property and 11 .3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said LLC and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects described in Texas Government Code 2206.001(c)(3) to connect facilities connecting one location to another location; WHEREAS, the value of the property rights for said water supply projects to be acquired from Flint Hills Resources Corpus Christi, LLC ("FHR") has been appraised at $5,455,000; WHEREAS, in accordance with Texas Government Code § 2206.053, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with not more than one Councilmember objecting to adoption by single ordinance for all units of property for which eminent domain proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and WHEREAS, in accordance with Texas Government Code § 2206.053(f), the City Council finds that the multiple tracts or units of property to be acquired pursuant to this ordinance are for water supply facilities connecting one water supply location to another water supply location, and are necessary to advance the public uses recited herein; WHEREAS, the motion to adopt this resolution has been made by the following motion: "I move that the City of Corpus Christi authorize the execution of all documents necessary, and alternatively, the use of the power of eminent domain, to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal for public use for water supply projects". C:\ProgramFiles\Cfranicus\Legistar5\Packet\2884_CityCouncil_12 20 2022\0039 2_Ordinance-FHRpurchase-desal.doc NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The aforementioned recitals are found to be true and correct legislative and factual findings of the City of Corpus Christi, Texas, and they are hereby approved and incorporated for all purposes as if they were fully recited herein. Section 2. The City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct water supply projects consisting of approximately 12.4 acres of real property and 11 .3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal as depicted in the attached Exhibit A, for the public use of water supply projects, and such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for improving and connecting the City's municipal water system (herein known as the "water supply projects"). Section 3. The City Manager or designee is authorized to execute a Purchase and Sale Agreement, a Development Agreement, an Easement Agreement, amendments thereto, and other documents necessary for the purchase of approximately 12.4 acres of real property and 11 .3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal in the amount of up to $5,455,000, in the form attached as the attached Purchase and Sale Agreement with Exhibits, with changes to the aforesaid documents as approved by the City Attorney, and such documents with changes thereto are hereby declared to be have been approved by the City Council in accordance with Texas Local Gov't Code § 212.172. Section 4. The City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the aforementioned fee simple property interests and easements from Flint Hills Resources Corpus Christi, LLC, and related property owners for the water supply projects depicted in green (for fee simple) and other colors (for easements) in the attached Exhibit A, including negotiations and acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If agreements with the owners of the real property cannot be reached after reasonable negotiations, then the City Manager is delegated the authority to direct the City Attorney or other designee to file or cause to be filed against Flint Hills Resources Corpus Christi, LLC and related owners of the aforementioned properties depicted in Exhibit A proceedings in eminent domain in accordance with State law to acquire the easements and fee simple interests in the properties. If it is later determined that there are necessary revisions due to errors in original property descriptions, later receipt of more accurate surveys, or other valid reasons, then the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is further authorized to issue payment(s) pursuant to an award by Special Commissioners or other officials in the eminent domain matter, to the extent appropriated funds are available for such payment(s). C:\ProgramFiles\Cfranicus\Legistar5\Packet\2884_CityCouncil_12 20 2022\0039 2_Ordinance-FHRpurchase-desal.doc Section 5. This ordinance authorizing eminent domain proceedings over the properties described and depicted in Exhibit A has been approved by single record vote of the City Council. Section 6. This ordinance shall take effect immediately from and after its passage, and it is so ordained. Section 7. Upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on the day of , 2022. C:\ProgramFiles\Cfranicus\Legistar5\Packet\2884_CityCouncil_12 20 2022\0039 2_Ordinance-FHRpurchase-desal.doc TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor C:\ProgramFiles\Cfranicus\Legistar5\Packet\2884_CityCouncil_12 20 2022\0039 2_Ordinance-FHRpurchase-desal.doc Exhibit A Depiction of Real Property Interests needed for Water Supply Projects DISCHARGE - STRUCTURE _\ 2i'C_'1_._•J-RATE - (56.000 SF) PIPELINE OD. Z u"'r B Nk, Fr n,-rT Er',E':.E .T INTAN(E K, STRUCTURE UEMERGED SEAWAT=P. Nq I (9800 F] PIPELINE EASEMENT IS L r 2,041 SF CONSIDERING TWO 54'"PIPELINE$ T r T I SJEM RCE7 CONCENTRATE - s0'WIDE ACCESS -' PIPELINE EASERIE.NT IS � � • r I "" EAaEMENT[1,582 SF']. 14 040 SF CONSIDEftINCi c J. =� THIS AREA OVERLAPS I'Tµl E ONE 54'PIPELVNE WITH THETEM-ORAR'� T-TI TWO 54'SEAWATER _ IPS EASEIMENT. • PIPELINES .,....-• ,-.. J J59 WIDE TEMPC7RARY PIPELINE EASEMENT(104,884 SF) C 12 . �.` - ONE-54"'CONCENTRATE PIPELINE ` � !M'STnTI Jh - o 20'WIDE ACCESS EASEMENT(36,913 SF)-THIS INCLUDES .------""""' IPS Y80'X 80'INTAH.E.FDOT'PRI'LNT "1`"" AN OVERLAPPING AREA OF Y,118 SF'WITH TEMPORARY ° PIPELINE EASEMENT,900 SF WITH PERMANENT'PI PELINE �a CITGO REF `"'„���- . EASEMENT AND 855$F WITH TEMPORARY IPS EASEMENT . �•� IPS 990'X"0" - + TEMPORARY 1. CONSTRUCTION V EASEMENT[946,0001 SF)) k -- 1 �� • { ---- -_------- 1111-11111 170'X 309' ------- PERMANENT PS i c PARCEL(60,000SF] ALREADYOWNEDB3Y �3 ----- CITYOFC.C. -- - F 1.-TE L-. -E- 2 T F IF • •i I Y IfE E E. E F -T rF E In,,. TWO 54"SEAWATER PIPELINES FE FFE eIr L- .TE THE .I� TA ITh II 1.1 10 `-- RE EE E TME E r IE.T ELI E 7E T1 E DESAL PLANT SITE h'f{ I 45'WIDE PERMANENT PIPELINE jIEE'E I HE REI E E iE ixIT TNI ECL e•E T LL E,4..+EMENT(09,24]'$F} L E I E F THE 4'ER F THE I E ./�, iEVF EE.1T ' 1 it 'IM Depiction EY // ��—=PROPO.E.SUB3STAIDN AREA L , _..I..e Depiction of Fee Simple Property to be obtained from Flint Hills Resources Corpus Christi, LLC ON = C:\ProgramFiles\Granicus\Legistar5\Packet\2884 City Council 12 20 2022\0039 2 Ordinance-FHRpurchase-desal.doc Depiction of Easements to be obtained from Flint Hills Resources Corpus Christi, LLC Other than Submerged Pipeline Easement, Submerged Seawater Pipeline Easement, Discharge Structure Easement, and Intake Structure Easement •� AQ;ESS SkSEMENT(+E _ •. E TEE'.�eEIJ E EE-E UT 7PEi PERe E'.T I EU'E E,.EYE'T E E.t. ' Ea]E4]R APPR11 TWNL E E'r- T'IIP:T a}_ E..'T.E.T TI'I" rv0 E�11 E A E-. E P.. Rd WrgpR E TI E I' E �P d53 (gy 0�.5'F7 d9 H2� TPE-1 �.9d: "F �'i,3' �.:E-AFI D 290] 6 9]3 TF+E 3 0 661 SPE 2 ]E 661 �` A-1 AE. 67.192 (39aa EF7 _. i� 3F; +E-3 18879 (�eix sn tGM] TJT6L 10383 ,�.,� 110 MT.L JB 1FA rs. Tofu 6a.t9a 9E66]ac. 66]]6201' vsEWENI(ME) iEWF • r'E' _ k -IE - r E _I il'. - RENNNJER h• r EI TI. ��. E-1' E E ' ' •'E •:E;. ,E..T :EThIL (P uUk'� EAS IE + .S5P9 ME-, - .V1'ee .IT aE - F. TCE-1 '•E.] - MT+L F +v NUECES CC.i T, - I -TI I':TRICT ENRIOIJEZ HLLAREAL SURVEY $" A9.irk�CT HO I PPE-2 E::THI E'.E ' ::of LE E. Z .E E 'd53 4 =F. 'E T - TE . .:.T. k = -L L-TE T g �' • FLJ T HILL H E¶ LLE- •, AE-3 - E T. U E NUE(>E5 CC. NA,y90ATION - i F E P. 4�]� E" E JISTIRICT I SURVEY I i F '.'.E'• I'. t Cab ` T I — 1_i5'RACT NO.Z677 = I HT- F-.-. • T = FFI I-L U E F E E T, TE- $ T BE E F 0 AE-1 E E T. TE_ Ili r TPE 7 l IE EE T. TE- [] -- E E-EE i _y LLE ".E T E= E'E T 1' A E—rT -_ TE' - . I EU E E- E E T t E-E.E'.T F • -r—( .,. - ---rte-R LL 493 E - �- CivilCorp "aAtiCEL f1 -P A:;T y~'-'`u w NNT HILRESOURCES F �'+.,N� _ L. WRPU5 CHRISTI.LLC TIDE—. ooC Ho 20l0nau4.a NOVEMBER t,2010 Tc..T1TLE JI C P R N C T. SEAWATER OESALINIZRTKIk INNER HAFC.R p E.EH L E/.E LL M'REA".iE .A65TRAC7 MAP - APP60% MFNP'% - ErBnuC +AE^ uEMVrvCEw wN Err, WTE aCRE6 ACRES PREUMINARV.MIS NOCUA SFNLL NOT BE RECCRCEO FOR `{TH 69JG2J22 89 t29 ' Pu RPCSE a D`J-NIL NOT BE u'JEO OR vIEwEG OR •.k��BV: SCWE: CUEM:CIT/OFPnGE n6: (s2B,�92 SR +ELEO upo7 ASA RNaL SuWU DOCuNEHI. 55 SGCLE: I'=N.CIO' ORPUS CHRISTI Remainder of Exhibit A attached separately in Legistar C:\ProgramFiles\Granicus\Legistar5\Packet\2884 City Council 12 20 2022\0039 2 Ordinance-FHRpurchase-desal.doc ACCESS EASEMENT(AE) TEMPORARY PIPELINE EASEMENT(TPE) PERMANENT PIPEUNE EASEMENT(PPE) QIy���� EASEMENT APPROX TAKING APPROX EASEMENT APPROX TAKING APPROX EASEMENT APPROX TAKING APPROX t"-* NO. EXISTING AREA REMAINDER NO. EXISTING AREA REMAINDER NO. EXISTING AREA REMAINDER ACRES ACRES ACRES ACRES ACRES ACRES AE-1 40.353 0.5290 AC. 39.824 TPE-1 4.937 0.7097 AC. 4.227 PPE-1 4.937 0.5770 AC. 4.380 A-2677 (23,044 SF) (30,915 SF) (25,133 SF) AE-2 57.192 0.29D3 AC. 56.902 TPE-2 40.353 1.692 AC. 3g•661 PPE-2 40.353 2tw y! A-1 (12,644 SF) (73,723 SFJ O' - (10370 AC. 2.402 AC. " AE-3 16.839 16.802 TOTAL 40.353 37.951 TOTAL 40.353 3 (1,612 SF) (104,838 SF) v 0' 200' 400' 0.8563 AC. TOTAL 57.192 (37.300 SF) 56.336 200'%300' PERMANENT IPS EASEMENT(PIE) TEMPORARY CONSTRUCTION EASEMENT(TCE) W EASEMENT APPROX TAKING APPROX EASEMENT APPROX TAKING APPROX61 �0g0W a SCALE: 1" = 400' N0. EXISTING AREA REMAINDER N0. EXISTING AREA REMAINDER NDER 4y ST 'PAp X a � ACRES -i/2") lsdo AC. 1.067 Ac. PROPERTY DETAIL (10p'2o.R4j�R04D v PIE 16.839 (14,024 SF) 15.599 TCE-1 40.353 0480 SF) 39.286 (NOT TO SCALE) m TCE-2 16.839 2'�6 AC, 14.613 a° (96,968 SF) TOTAL 57.192 143,43.293 AC. 53.899 U ( 48 SF) NUECES COUNTY NAVIGATION DISTRICT ENRIOUEZ VILLAREAL SURVEY a a a ABSTRACT NO. 1 \ PPE-2 SOUTH SIDE NUECES BAY LEGEND: \ VOL. 6, PG. 13 o = END MONUMENT (AS NOTED) O 40.353 ACRES NOVEMBER 27, 1933 { M.R.N.C.T. ♦ = CALCULATED POINT v FLINT HILLS RESOURCES AE-3 PL = PROPERTY LINE CORPUS CHRISTI, LLC DOC. NO. 2011010311 -, NUECES CO. NAVIGATION P.o.e. = PowT of BEGINNING NOVEMBER 1, 2010 PL- DISTRICT 1 SURVEY P.o.C. = POINT OF COMMENCING O.P.R.N.C.T. ABSTRACT NO. 2677 P,0 W, - RIGHT-OF-WAY �o �APPROX. SUR � = LAND HOOK -- VEY UNE O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS T('E-1 OF NUECES COUNTY, TEXAS a TCE-2 A A N.C.T. = DEED RECORDS OF c AE-1 NUECES COUNTY, TEXAS U a o M,R,N.C.T. = MAP RECORDS YOF , TPE-2 PIE (,5-`o NUECES COUNTY. TEXAS o 3 LLIJ L r o = ACCESS EASEMENT a Q w z N w Z = PERMANENT EASEMENT m �nNG AE-2 n�00 m� ® = TEMPORARY PIPELINE EASEMENT o w eRUAp RAW, ��, z�Z�L!O = TEMPORARY CONSTRUCTION 1.z RNC �S Sj \ \, UNION PACIFIC J o o DZ EASEMENT ° 4.937 ACRES (T�NO.W�` "PARCEL D: TRACT#7" �_ �_ rKivilCorp B-O CINT ORPUISLCHRISTI RESOURCES LLCTPE-1 d4STbyG RA�ROAO N.O.W ` eoi XPa sr.�<aR�)aJR3l8 fins 7ew�i > s ao a DOC. NO. 2010040428 Fla"nom aR FlR"n0191 NOVEMBER 1, 2010 PPE-1 TITLE PAGE �i O.P.R.N.C.T. SEAWATER DESALINIZATION INNER HARBOR GENEa OVERALL ACREAGE DESCRPMON: ABSTRACT MAP > APPROX TAKING APPROX EXISTING AREA REMAINDER DRAWN BY: DATE: ACRES ACRES PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 9.789�• ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: 82'129 (426,482 SF) 52' RELIED UPON AS A FINAL SURVEY DOCUMENT. SS SCALE: 1"=400' 1 39 ORPUS CHRISTI County: Nueces Page 2 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-1 Being a 0.5290 acre (23,044 square foot) access easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2011010311 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.5290 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of said 40.353 acre tract, the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of O.P.R.N.C.T. and being in the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West — Deed Call), with the South line of said 40.353 acre tract, and the said existing North right-of-way line of Union Pacific Railroad, a distance of 407.95 feet (407.95 feet—Deed Call)to the beginning of a tangent curve to the right; With the South line of said 40.353 acre tract, the said existing North right-of-way line of Union Pacific Railroad and said curve to the right, having a radius of 5,670.75 feet, an arc length of 34.63 feet, and a chord which bears North 76 deg. 37 min. 42 sec. West, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement, the beginning of a tangent curve to the right and having State Plane Coordinates of N=17,184,294.63, E=1,335,063.38, and being the POINT OF BEGINNING; 1) THENCE, continuing with the South line of said 40.353 acre tract, the existing North right-of-way line of said Union Pacific Railroad and said curve to the right, having a radius of 5,670.75 feet (5,670.75 fee— Deed Call), an arc length of 1,155.70 feet, and a chord which bears North 70 deg. 36 min. 53 sec. West, a distance of 1,153.70 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement and said 40.353 acre tract, said point also being at the intersection of the existing North right-of-way line of said Union Pacific Railroad and the existing East right-of-way line of Nueces Bay Boulevard (80' right-of- way width); 2) THENCE, North 30 deg. 54 min 19 sec. East (North 31 deg. 15 min. East— Deed Call), with the existing southeast right-of-way line of said Nueces Bay Boulevard and the West line of said 40.353 acre tract, a distance of 20.10 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement and being the beginning of a non-tangent curve to the left; County: Nueces Page 3 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-1 3) THENCE, crossing said 40.353 acre tract and with said curve to the left, having a radius of 5,650.75 feet, an arc length of 1,148.33 feet, and a chord which bears South 70 deg. 37 min. 06 sec. East, a distance of 1,146.36 feet a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement; 4) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said 40.353 acre tract, a distance of 20.04 feet to the POINT OF BEGINNING, containing 0.5290 acres (23,044 square feet) of land. County: Nueces Page 4 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-1 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: v 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205) NAD 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED E SURFACE ADJUSTMENT FACTOR OF 1.000000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL „� ab 2.ALL MEASUREMENTS ARE U.S. SURVEY FEET. ENRIQUEZ VILLAREAL SURVEY a� 0' 150 300' 4'/ ABSTRACT NO. 1 CONJUNCTION TH3.A LEGAL IPTIOTHIS �FTEVEN DATE WAS PREPARED IN Ni 4. SURVEY WAS PERFORMED IN AUGUST 2022 SCALE: 1"= 300' — (11"x 8-1/2') v 5.THIS SURVEY WAS PERFORMED WITHOUT THE AID OF A TITLE COMMITMENT.THERE MAY BE EASEMENTS OR 40.353 ACRES OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT FLINT HILLS RESOURCES PROPERTY. CORPUS CHRISTI, LLC i V��e•�2 y^ DOC. NO. 2011010311 6.ACCORDING TO THE FLOOD INSURANCE RATE MAP (FIRM) FOR NOVEMBER 1, 2010 THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, COMMUNITY 1DETAIL PANEL 46355CO310G, MAP EFFECTIVE 10/13/2022, THE SUBJECT O.P.R.N.C.T. _ EASEMENT IS LOCATED IN SONE AE (EL9) WHICH IN THIS CASE IS A E (NOT TO SEPCIAL FLOOD HAZARD AREA C2 LEGEND: L= 34.63' R= 5,670.75' = END MONUMENT (AS NOTED) CB=N 78'3T 42"W ♦ = CALCULATED POINT \ ` Cl ` GO=34.63' 16.839 ACRES ■ = SET 5/8" IRON ROD WITH AE-1 FLINT HILLS RESOURCES YELLOW PLASTIC CAP P.DETAIL 0� ND8= 17,184,294.63 DOC�NO.US C201ISTI, LLC 0040428 STAMPED "avlLcoRP" OJ (NOT TO Cl E= 1,335,063.38 NOVEMBER 1, 2010 P L = PROPERTY LINE 3o P.O.B. = POINT OF BEGINNING C O.P.R.N.C.T. 1 P.O.C. = POINT OF COMMENCING (Oat( �X, R.O.W, = RIGHT—OF—WAY R670Z5 � (C4LjED NZ = LAND HOOK 4p�B5�r30•W P W PO.0 O.P.R.N,C,T, = OFFICIAL PUBLIC RECORDS 2" IRON ROD N76g8y, of NUECES COUNTY, TEXAS = ,w o IN/� 40J.9y D.R.N.C.T. = DEED RECORDS N(0pR�°�)Rq�CROApNCRO�RQw M,R.N.c.T. _ �AP RECORDF NUECES S TEXAS m OF NUECES COUNTY, TEXAS UNE TABLE 1 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE LINE LENGTH DIRECTION GROUND AND THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. o L1 20.10' N30'54'19"E g L2 20.04' S09'49'42"W JAMES A WOODS RPLS NO. 5333 CURVE TABLE rICivilCorp CURVE # LENGTH RADIUS CHORD CHORD BEARING DISTANCE EN31Nms &11 11PPN Sf..<d2PU5<HRISP,1EXA5)Bbt Cl 1,155.70' 5,670.75' N70'36'53"W 1,153.70' R„no a B1"r'.'a'a 87ARI ro s, C2 1,148.33' 5,650.75' S70'37'06"E 1,146.36' 20' WIDE ACCESS EASEMENT SEAWATER DESALINIZATION INNER HARBOR EASEMENT APPROX TAKING APPROX GENERAL AE- 1 J' NO. EXISTING AREA REMAINDER DESCRIPTION: ACRES ACRES DRAWN BY: DATE: 0.5290 AC. PREUMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 AE-1 40.353 (23,044 SFJ 39'824 ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: RELIED UPON AS A FINAL SURVEY DOCUMENT. SS SCALE: 1"=300' ORPUS CHRISTI 539 EXHIBIT "A" County: Nueces Page 6 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-2 Being a 0.2903 acre (12,644 square foot) access easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2011010311 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.) and a portion of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the O.P.R.N.C.T., said 0.2903 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of said 40.353 acre tract, the southwest corner of said 16.839 acre tract and being in the existing North right-of-way line of Union Pacific Railroad(100' right-of-way width), THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West — Deed Call), with the South line of said 40.353 acre tract and said existing North right-of-way line of Union Pacific Railroad, a distance of 390.71 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement, having State Plane Coordinates of N=17,184,282.69, E=1,335,113.86, and being the POINT OF BEGINNING; 1) THENCE, North 76 deg. 48 min. 11 sec. West, with the South line of said 40.353 acre tract and said existing North right-of-way line of Union Pacific Railroad, a distance of 6.79 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement; 2) THENCE, North 09 deg. 49 min 42 sec. East, crossing said 40.353 acre tract, a distance of 20.03 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 3) THENCE, North 59 deg. 46 min 40 sec. East, crossing said 40.353 acre tract, a distance of 435.90 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement, said point also being in the common line of said 40.353 acre tract and said 16.839 acre tract; 4) THENCE, North 01 deg. 12 min 11 sec. West(South 01 deg. 24 min. East—Deed Call), with the common boundary line of said 40.353 acre tract and said 16.839 acre tract, a distance of 177.06 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement; EXHIBIT "A" County: Nueces Page 7 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-2 5) THENCE, North 88 deg. 48 min 11 sec. East, crossing said 16.839 acre tract, a distance of 20.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement; 6) THENCE, South 01 deg. 12 min 11 sec. East, crossing said 16.839 acre tract, a distance of 188.84 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 7) THENCE, South 59 deg. 46 min. 40 sec. West, crossing said 16.839 acre tract and said 40.353 acre tract, a distance of 455.64 feet to the POINT OF BEGINNING, containing 0.2903 acres (12,644 square feet) of land. EXHIBIT "A" County: Nueces Page 8 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-2 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR LINE TABLE 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205) RELIED UPON AS A FINAL SURVEY DOCUMENT. LINE i LENGTH DIRECTION NAD 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED SURFACE ADJUSTMENT FACTOR OF 1.000000 THE DISTANCES AND L1 6.79' N76'48'11"W COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL a L2 20.03' N0949'42"E 2•ALL MEASUREMENTS ARE U.S. SURVEY FEET. ai 3.A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN 0. 100' 200' L3 435.90' N59'46'40"E CONJUNCTION WITH THIS PLAT. L4 177.06' N0112'11"W 4. SURVEY WAS PERFORMED IN AUGUST 2022 WI SCALE: 1"= 200' (>>"x 8-1/2") 5. THIS WAS PERFORMED WITHOUT L5 20.00' N88'48'11"E THE AID OFA SURVEY LE COMMITMENT.THEE MAY BE EASEMENTS OR a OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT L6 188.84' S0112'11"E PROPERTY. ENRIQUEZ VILLAREAL SURVEY N ABSTRACT N0. 1 L7 455.64' S59'46'40"W 6 ACCORDING TO THE FLOOD INSURANCE RATE MAP (FIRM) FOR 40.353 ACRES THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, COMMUNITY a FLINT HILLS RESOURCES PANEL 48355CO310G, MAP EFFECTIVE 10/13/2022, THE SUBJECT ~ CORPUS CHRISTI, LLC w EASEMENT IS LOCATED IN SONE AE (EL9) WHICH IN THIS CASE IS A E a SEPCIAL FLOOD HAZARD AREA DOC. NO. 2011010311 N LEGEND: NOVEMBER 1, 2010 = END MONUMENT (AS NOTED) O.P.R.N.C.T. w = CALCULATED POINT DETAIL A ■ = SET 5/8" IRON ROD WITH (NOT TO SCALE) YELLOW PLASTIC CAP 16.839 ACRES STAMPED "avlLcoRP" FLINT HILLS RESOURCES CORPUS CHRISTI, LLC P L = PROPERTY LINE o DOC. NO. 2010040428 P.O.B. = POINT of BEGINNING NOVEMBER 1, 2010 P.O.C. = POINT OF COMMENCING O.P.R.N.C.T. R.o.W, = RIGHT—OF—WAY � = LAND HOOK �1 O.P.R.N,C,T, = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS 1718 POB D.R.N.CT. = DEED RECORDS �i �� COUNTY,OF NUECES TEXAS 1335113,86 M,R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS N \ SEE DETAIL I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY REPRESENTS THE \ FACTS FOUND AT THE TIME OF THE SURVEY. ANION PACIFIC AE-2 boo'R.Q.w.�RAILROAD L J (QED S _N N)6;g•JJ"w P.O.0 JAMES A WOODS RPLS NO. 5333 ° 3soh• 1/2"IRON ROD NC ivi I Corp Lx,;lr.ms &11 11PPN Sf..<d2PU5<HRISP,1EXA5)Rbt —IG ARI ffl- 20' WIDE ACCESS EASEMENT SEAWATER DESALINIZATION INNER HARBOR EASEMENT APPROX TAKING APPROX GENERAL AE-2 NO. EXISTING AREA REMAINDER DESCRIPTION: 9 ACRES ACRES DRAWN BY: DATE: 0.2903 AC. TH 09/02/22 AE-2 57.192 56.902 i (12,644 SF) CK'D BY: SCALE: CLIENT:CITY OF PAGE N0: SS SCALE: 1"-200' ORPUS CHRISTI 939 EXHIBIT "A" County: Nueces Page 10 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-3 Being a 0.0370 acre (1,612 square foot) access easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.0370 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., the southwest corner of said 16.839 acre tract and being in the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 01 deg. 12 min. 11 sec. West (South 01 deg. 24 min. East— Deed Call), with the common line of said 40.353 acre tract and said 16.839 acre tract, a distance of 807.04 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement, having State Plane Coordinates of N=17,185,000.35, E=1,335,477.31, and being the POINT OF BEGINNING; 1) THENCE, North 01 deg. 12 min. 11 sec. West, with the common line of said 40.353 acre tract and said 16.839 acre tract, a distance of 53.33 feet to a 4 inch diameter galvanized fence corner post found for the northwest corner of the herein described easement, the northwest corner of said 16.839 acre tract and the southwest corner of a tract of land to the Nueces County Navigation District as shown on the South Side Nueces Bay map, as recorded in Volume 6, Page 13 of the Map Records of Nueces County, Texas (M.R.N.C.T.); 2) THENCE,North 88 deg. 47 min. 49 sec. East (North 88 deg. 36 min. East— Deed Call), with the common line of said 16.839 acre tract and said South Side Nueces Bay tract, a distance of 32.55 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement and being the beginning of a non-tangent curve to the left; 3) THENCE, crossing said 16.839 acre tract, with said curve to the left having a radius of 30.00 feet, an arc length of 12.45 feet, and a chord which bears South 10 deg. 41 min. 37 sec. West, a distance of 12.36 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the end of said curve; EXHIBIT "A" County: Nueces Page 11 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-3 4) THENCE, South 01 deg. 12 min 11 sec. East, crossing said 16.839 acre tract, a distance of 41.23 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement; 5) THENCE, South 88 deg. 48 min. 11 sec. West, crossing said 16.839 acre tract, a distance of 30.00 feet to the POINT OF BEGINNING, containing 0.370 acres (1,612 square feet) of land. EXHIBIT "A" County: Nueces Page 12 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for AE-3 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205) RELIED UPON AS A FINAL SURVEY DOCUMENT. NAD 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED SURFACE ADJUSTMENT FACTOR OF 1.000000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL a " NUECES COUNTY NAVIGATION DISTRICT 2.ALL MEASUREMENTS ARE U.S. SURVEY FEET. J ai d 3.A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN SOUTH SIDE NUECES BAY CONJUNCTION WITH THIS PLAT. D' 1 o' o' VOL 6, PG. 13 4. SURVEY WAS PERFORMED IN AUGUST 2022 Wi SCALE: 1" - 20' NOVEMBER 27, 1933 5.THIS SURVEY WAS PERFORMED WITHOUT (11"x 8-1/2") M.R.N.C.T. THE AID OF A TITLE COMMITMENT.THERE MAY BE EASEMENTS OR " OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT `i 4"GALVANIZED FENCE PROPERTY. CORNER POST n ENRIQUEZ VILLAREAL SURVEY 6.ACCORDING TO THE FLOOD INSURANCE RATE MAP (FIRM) FOR a ABSTRACT NO. 1 THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, COMMUNITY N88'47'49"E PL (CALLED N88'36'E) PANEL 48355CO310G, MAP EFFECTIVE 10/13/2022, THE SUBJECT ~ 32.55' EASEMENT IS LOCATED IN SONE AE (EL9) WHICH IN THIS CASE IS A E SEPCIAL FLOOD HAZARD AREA LEGEND: L=1245' R=30.00' = END MONUMENT (AS NOTED) AE-3 C8= S10'41'37"W ♦ - CALCULATED POINT w CD= 12.36' ■ = SET 5/8" IRON ROD WITH YELLOW PLASTIC CAP 40.353 ACRES 3 FLINT HILLS RESOURCES M M STAMPED "avlLcoRP" i CORPUS CHRISTI, LLC o `V P L = PROPERTY LINE r r< 16.839 ACRES o DOC. NO. 2011010311 o o P.O.B. = POINT of BEGINNING C z V) FLINT HILLS RESOURCES NOVEMBER 1, 2010 v CORPUS CHRISTI, LLC P.O.C. = POINT of COMMENCING - O.P.R.N.C.T. DOC. NO. 2010040428 R.o.W, - RIGHT-OF-WAY _ NOVEMBER 1,2010 = LAND HOOK O.P.R.N.C.T. O.P.R.N,C.T, = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS P.O.B. m N= 17,185,000.35 S88'48'11"W D.R.N.C.T. = DEED RECORDS v E= 1,335,477.31 OF NUECES COUNTY, TEXAS 30.00' M,R.N.CT. = MAP RECORDS m OF NUECES COUNTY, TEXAS I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY REPRESENTS THE 3 FACTS FOUND AT THE TIME OF THE SURVEY. i �o c � T p z OD JAMES A WOODS RPLS NO. 5333 ` NN�oN p` 1/2CIRON ROD z ft lzQ•W A/LRQ D rKivilCorp E3NEI SE.<d PUS<HRISP, EUS Bb 4 0�4.D. —IG ARI noaeiB1"r'.�- RR na�e,�sa 30' WIDE ACCESS EASEMENT EASEMENT APPROX TAKING APPROX SEAWATER DESALINIZATION INNER HARBOR N0. EXISTING AREA REMAINDER AE-3 ACRES ACRES GENERAL �i DESCRIPTION: AE-3 16.839 (10612 SF) 16.802 DRAWN BY:TH DATE:%02/22 i CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: SS SCALE: 1"=20' ORPUS CHRISTI 1339 EXHIBIT "A" County: Nueces Page 14 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-1 Being a 0.7097 acres (30,915 square foot) temporary pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 4.837 acre tract of land described as "Parcel D: Tract 97" to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.7097 acre easement being more particularly described as follows: COMMENCING from a 5/8 inch diameter iron rod found for the southwest corner of said 4.837 acre tract, being at the intersection of the existing East right-of-way line of Nueces Bay Boulevard (80' right-of-way width) and the existing North right-of-way line of West Broadway Street(variable right-of-way width), THENCE as follows; South 67 deg. 52 min. 56 sec. East (South 67 deg. 25 min. 45 sec. East — Deed Call), with the South line of said 4.837 acre tract and said existing North right-of-way line of West Broadway Street, a distance of 754.42 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the most westerly corner of the herein described easement, having State Plane Coordinates of N=17,184,169.51, E=1,335,540.95, and being the POINT OF BEGINNING; THENCE, crossing said 4.837 acre tract the following 4 courses; 1) North 22 deg. 27 min 38 sec. East, a distance of 91.63 feet a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the most northerly corner of the herein described easement; 2) South 73 deg. 59 min 11 sec. East, a distance of 388.76 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 3) North 60 deg. 57 min 57 sec. East, a distance of 40.93 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 4) North 09 deg. 49 min. 42 sec. East, a distance of 42.82 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement, said iron rod also being in the North line of said 4.837 acre tract, the existing South right-of-way line of Union Pacific Railroad (100' right-of-way width) and the beginning of a non-tangent curve to the left; EXHIBIT "A" County: Nueces Page 15 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-1 5) THENCE, with the North line of said 4.837 acre tract, said existing South right-of-way line of Union Pacific Railroad and said curve to the left, having a radius of 5,770.75 feet (5,770.75 feet—Deed Call), an arc length of 55.13 feet, and a chord which bears South 76 deg. 14 min. 39 sec. East, a distance of 55.13 feet a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the most easterly corner of the herein described easement; THENCE, crossing said 4.837 acre tract the following 4 courses; 6) South 09 deg. 49 min 42 sec. West, a distance of 65.36 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 7) South 60 deg. 57 min 57 sec. West, a distance of 90.05 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the most southerly corner of the herein described easement; 8) North 73 deg. 59 min 11 sec. West, a distance of 362.43 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 9) South 22 deg. 27 min 38 sec. West, a distance of 42.17 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement, said point also being in the South line of said 4.837 acre tract and said existing North right-of-way of West Broadway Street; 10)THENCE, North 67 deg. 52 min. 56 sec. West, with the South line of said 4.837 acre tract and said existing North right-of-way of West Broadway Street, a distance of 55.00 feet to the POINT OF BEGINNING, containing 0.7097 acres (30,915 square feet) of land. EXHIBIT "A" County: Nueces Page 16 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-1 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: LINE TABLE 1 LINE TABLE 2 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, LINE p LENGTH DIRECTION LINE p LENGTH DIRECTION SOUTH ZONE(4205) HAD 83(2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED SURFACE ADJUSTMENT FACTOR OF v 1.000000 THE DISTANCES AND COORDINATE VALUES OF L1 91.63' N222738"E L6 90.D5' S6D'57'57"W SURFACE AND GRID ARE EQUAL c L2 388.76' S73'59'11"E L7 362.43' N73'59'11"W 2.ALL MEASUREMENTS ARE U.S.SURVEY FEET. E 3.A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN L3 40.93' N60'5757"E LB 42.17' S2227'38"W CONJUNCTION WITH THIS PLAT. 0' 50' 700' 4.SURVEY WAS PERFORMED IN AUGUST 2022 L4 42.82' N0949'42"E L9 55.00' N67'52'56"W SCALE: 1" = 100' 5.THIS SURVEY WAS PERFORMED WITHOUT ai (11, "8—I/2..) L5 65.36' S09'49'42"W THE AID OF A TITLE COMMITMENT.THERE MAY BE E EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. 6.ACCORDING TO THE FLOOD INSURANCE RATE MAP(FIRM) FOR THE CITY OF CORPUS CHRISTI, NUECES COUNTY, �3. UNIOAI pAC ENRIO EZ ABSTRACTEAL NO. 1URVEY EFFECTIVEz/13/2022MAP F2 AND NCOMMUNITY i M NITY PAN,L AS,COMMUNITY PANEL NO. 48355CO310G, MAP p =�' \ (T�R.OW RAl(R EASEMENT IS PARTIALLY LOCATED IN ZONE AE(EL9)WHICH 4.837 ACRES ) 0,4 IN THIS CASE IS A SPECIAL FLOOD HAZARD AREA, PARTIALLY 0Vy "PARCEL D: TRACT ?" SJpYC LOCATED IN ZONE X (500 YEAR)AND ZONE X WHICH IN FLINT HILLS RESOURCES (Cktto S7(ROAO �\ _ THIS CASE ARE NOT SPECIAL FLOOD HAZARD AREAS. DCORPUS O P S CHRISTI, 428 UBC \,0•K. \ �`��OX` \ • LEGENDENDMONUMENT (AS NOTED) E =J�V�v i3'/ NO O PBR N C.T.010 TPE-1 PRDx��"Ory Q`�cOGG 20^�AE OF taQ ' \, YELLOW BPLA�ncRCAP OD wITH S 35/80 IRON ROD -- STAMPED "clvlLcoRP„ ��(✓/�`/\6� P.L = PROPERTY LINE _ S6rc ?`566.f� � � � C) ` P.O.B. = POINT OF BEGINNING COMMENCINGP,O Cl POINT OF �?Sq �� /�4a? —� " R,0,w. = RIGHT—OF—WAY LAND HOOK — (g O.P.R.N.C.T. — OFFICIAL PUBLIC RECORDS FLOOp1� OF NUECES COUNTY, TEXAS N•DB D.R.N.C.T. = DEED RECORDS Y \ 0 ' E} OF NUECES COUNTY, TEXAS 8'169 `� �' M. .N.C.T. = MAP RECORDS �1 \ OF NUECES COUNTY, TEXAS _ PROX.LOCATION OF F10 (RQW OArrH W V r THE GROUNDHEREBY RA D THIS PLAT CORRECT YTIFY THIS SURVEY WAS ERFORMED REPRESENTS ON ^ M4.pG VA �T\S11N\ THE FACTS FOUND AT THE TIME OF THE SURVEY. RAN, 2�S EXI ROW \ JAMES A WOODS RPLS NO. 5333 0 N EASEMENT APPROX TAKING APPROX rlCivilCorp NO. EXISTING AREA REMAINDER anNms ACRES ACRES &1 UI Sr..—US CHRISM.TEXAS 7— xpvi A —IG RRR nmeo rISURI ARI ffl— ea TPE-1 4.837 0.7097 AC. 4.127 (30,915 SF) 55' WIDE TEMPORARY PIPELINE EASEMENT - SEAWATER DESALINIZATION INNER HARBOR CURVE TABLE GENERAL TPE- 1 DESCRIPTION: CURVE # LENGTH I RADIUS CHORD CHORD BEARING DISTANCE DRAWN BY: DATE: PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 Cl 55.13' 1 5,770.75' 1 S7614'39"E 1 55.13' ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: RELIED UPON AS A FINAL SURVEY DOCUMENT. SS SCALE: 1"=100' ORPUS CHRISTI 17/39 EXHIBIT "A" County: Nueces Page 18 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-2 Being a 1.692 acre (73,723 square foot) temporary pipeline easement, situated partially in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and partially in the Nueces County Navigation District 1 Survey, Abstract 2677, being a portion of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christ, LLC, by deed dated November 1, 2010, as recorded in Document No. 2011010311 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 1.692 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of said 40.353 acre tract, the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T. and being in the existing northwest right-of-way line of Union Pacific Railroad (100' right-of- way width) THENCE as follows; North 74 deg. 12 min. 28 sec. West, crossing said 40.353 acre tract, a distance of 444.22 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement, having State Plane Coordinates of N=17,184,314.38, E=1,335,066.80, being the beginning of a tangent curve to the right and POINT OF BEGINNING; THENCE, crossing said 40.353 acre tract, the following 8 courses; 1) With said curve to the right, having a radius of 5,650.75 feet, an arc length of 55.14 feet, and a chord which bears North 76 deg. 09 min. 38 sec. West, a distance of 55.14 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement; 2) North 09 deg. 49 min. 42 sec. East, a distance of 39.96 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 3) North 59 deg. 46 min 40 sec. East, a distance of 423.60 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 4) North 01 deg. 12 min 11 sec. West, a distance of 868.18 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the northwest corner of the herein described easement; EXHIBIT "A" County: Nueces Page 19 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-2 5) North 88 deg. 50 min 03 sec. East, a distance of 55.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the northeast corner of the herein described easement; 6) South 01 deg. 12 min 11 sec. East, a distance of 900.53 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 7) South 59 deg. 46 min 40 sec. West, a distance of 430.37 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 8) South 09 deg. 49 min. 42 sec. West, a distance of 18.20 feet to the POINT OF BEGINNING, containing 1.692 acres (73,723 square feet) of land. EXHIBIT "A" County: Nueces Page 20 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TPE-2 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM #10194156 s NOTES: NUECES COUNTY NAVIGATION DISTRICT 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE A COORDINATE SYSTEM, SOUTH ZONE (4205) NAD �0 L4 a SOUTH SIDE NUECES BAY 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE ��iC,9� VOL 6, PG. 13 COMBINED SURFACE ADJUSTMENT FACTOR OF NOVEMBER 27, 1933 1.000000 THE DISTANCES AND COORDINATE M.R.N.C.T. VALUES OF SURFACE AND GRID ARE EQUAL. 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. 0' 150' 300' 3. A LEGAL DESCRIPTION OF EVEN DATE WAS ENRIQUEZ VILLAREAL SURVEY iL �7 PREPARED IN CONJUNCTION WITH THIS PLAT. SCALE 1" = 300' ABSTRACT N0. 1 DETAIL 4. SURVEY WAS PERFORMED IN AUGUST 2022 (11"X 8-1/2") rn .nA (NOT TO SCALE) 5. THIS SURVEY WAS PERFORMED WITHOUT NUECES CO. NAVIGATION THE AID OF A TITLE COMMITMENT.THERE MAY BEASEMENTSTERS NOT SHOWN DISTRICT 1 SURVEY THE ATMAY EFFECTOR RTHE SUBJEOTHER CT PROPERTY. 40.353 ACRES PL ABSTRACT NO. 2677 FLINT HILLS RESOURCES 6.ACCORDING TO THE FLOOD INSURANCE RATE DETAIL CORPUS CHRISTI, LLC �'� MAP (FIRM) FOR THE CITY OF CORPUS CHRISTI, DOC. NO. 2011010311 NUECES COUNTY,TEXAS, COMMUNITY PANEL (NOT TO SCALE) 4B35500310G, MAP EFFECTIVE 10/13/2022, r NOVEMBER 1, 2010 THE SUBJECT EASEMENT IS LOCATED IN SONE O.P.R.N.C.T. AE (EL9) WHICH IN THIS CASE IS A SEPCIAL m FLOOD HAZARD AREA. LEGEND: 16.839 ACRES = END MONUMENT (AS NOTED) FLINT HILLS RESOURCES ' CORPUS CHRISTI, LLC = SET OW IRON ROD WITH YELLOW PLASTIC CAP 7DOC. NO. 2010040428 3 C1 U� TPE-2 NOVEMBER 1,2010 STAMPED "avlLcoRP" G O.P.R.N.C.T. PL = PROPERTY LINE P.O.B. P.O.B. = POINT OF BEGINNING N = 17,184,314.38 E= 1,335,066.80 �ti �(� P O.C. = POINT of COMMENCING ON/0� �� R.O,w. = RIGHT—OF—WAY pq0� INSEE DETAIL = LAND HOOK c O.P.R.N,C,T, = OFFICIAL PUBLIC RECORDS A (TOIp'R Q WRAI(/�4) N747228" OF NUECES COUNTY, TEXAS �� — W M.R.N.C.T. = MAP RECORDS U UNE TABLE 1 bOgpAll Ra(ROAD R.- 1/2CIRON ROD m OF NUECES COUNTY, TEXAS LINE LENGTH DIRECTION LINE TABLE 2 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE Hi GROUND AND THIS PLAT CORRECTLY REPRESENTS THE L1 39.96' N09'49'42"E LINE# LENGTH DIRECTION FACTS FOUND AT THE TIME OF THE SURVEY. = L2 423.60' N5946'40"E L5 900.53' 50112'11"E 0 m L3 868.18' N0112'11"W L6 430.37' S59'46'40"W JAMES A WOODS RPLS NO. 5333 i L4 55.00' N88'50'03"E L7 18.20' 509'49'42"W PRELIMINARY,THIS DOCUMENT SHALL NOTRECORDED FOR rl C.1 �' IQo r p ANY PURPOSE AND SHALL NOT BE USED ORR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. ENNrEI axs CURVE TABLE PU5<HRISP, E 5)Bbt (��I3rxlwRv n CURVE # LENGTH RADIUS CHORD CHORD gppROX. ABSTRACT —IG ARI nom RR n0191 BEARING DISTANCE ACREAGE TABLE 55' WIDE TEMPORARY PIPELINE EASEMENT Cl 55.14' 1 5,650.75' N76'09'38"W 55.14' ABSTRACT ACREAGE SEAWATER DESALINIZATION INNER HARBOR (SF) EASEMENT APPROX TAKING APPROX GENERAL 1'499 DESCRIPTION: TPE-2 NO. EXISTING AREA REMAINDER A-1 g ACRES ACRES (65,316 SF) DRAWN BY: DATE: 1.692 AC. 0.193 TH 09/02/22 TPE-2 40.353 38.661 A-2677 (73,723 SF) (9,407 SF) CK'D BY: SCALE: CLIENT:CITY OF PAGE N0: SS SCALE: 1'--300' ORPUS CHRISTI 21/39 EXHIBIT "A" County: Nueces Page 22 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-1 Being a 0.5770 acres (25,133 square foot) permanent pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, and being a portion of a 4.837 acre tract of land described as "Parcel D: Tract 9 7" to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.5770 acre easement being more particularly described as follows: COMMENCING from a 5/8 inch diameter iron rod found for the southwest corner of said 4.837 acre tract, being at the intersection of the existing East right-of-way line of Nueces Bay Boulevard (80' right-of-way width) and the existing northwest right-of-way line of West Broadway Street(variable width right-of-way), THENCE as follows; South 67 deg. 52 min. 56 sec. East (South 67 deg. 25 min. 45 sec. East — Deed Call), with the South line of said 4.837 acre tract and said existing North right-of-way line of West Broadway Street, a distance of 809.43 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the most westerly corner of the herein described easement, having State Plane Coordinates of N=17,184,148.80, E=1,334,591.90 and being the POINT OF BEGINNING; THENCE, crossing said 4.837 acre tract the following 4 courses; 1) North 22 deg. 27 min 38 sec. East, a distance of 42.17 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 2) South 73 deg. 59 min 11 sec. East, a distance of 362.43 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 3) North 60 deg. 57 min 57 sec. East, a distance of 90.05 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 4) North 09 deg. 49 min. 42 sec. East, a distance of 65.36 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the most northerly corner of the herein described easement, said point also being in the North line of said 4.837 acre tract, the existing South right-of-way line of Union Pacific Railroad (100' right-of-way width), and being the beginning of a non-tangent curve to the left; EXHIBIT "A" County: Nueces Page 23 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-1 5) THENCE, with the North line of said 4.837 acre tract, the existing said South right-of-way line of Union Pacific Railroad and said curve to the left, having a radius of 5,770.75 feet, an arc length of 28.75 feet, and a chord which bears South 76 deg. 39 min. 38 sec. East, a distance of 28.75 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 6) THENCE, South 76 deg. 48 min 11 sec. East (North 76 deg. 27 min. 30 sec. West — Deed Call), with the North line of said 4.837 acre tract and said existing South right-of-way line of Union Pacific Railroad, a distance of 16.34 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the most easterly corner of the herein described easement; THENCE, crossing said 4.837 acre tract the following 4 courses; 7) South 09 deg. 49 min 42 sec. West, a distance of 84.17 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the an angle corner of the herein described easement; 8) South 60 deg. 57 min 57 sec. West, a distance of 130.24 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement; 9) North 73 deg. 59 min 11 sec. West, a distance of 340.89 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 10)South 22 deg. 27 min 38 sec. West, a distance of 1.70 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement, said point also being in the South line of said 4.837 acre tract and said existing North right-of-way line of West Broadway Street; 11)THENCE, North 67 deg. 52 min. 56 sec. West, with the South line of said 4.837 acre tract and said existing North right-of-way line of West Broadway Street, a distance of 45.00 feet to the POINT OF BEGINNING, containing 0.5770 acres (25,133 square feet) of land. EXHIBIT "A" County: Nueces Page 24 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-1 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: UNE TABLE 1 UNE TABLE 2 CALLED UNE TABLE 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE 83 UNE LENGTH DIRECTION UNE LENGTH DIRECTION UNE LENGTH DIRECTION COORDINATE SYSTEM,SOUTH ZONE TO NAD IN i� i� i� (2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED s SURFACE ADJUSTMENT FACTOR OF 1.000000 THE L1 42.17' N2227'38"E L6 84.17' S09.49'42"W L5 N/A N76'27'30"W DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL g� L2 362.43' S73'59'11"E L7 130.24' S60'57'57"W 2.ALL MEASUREMENTS ARE U.S.SURVEY FEET. E L3 90.05' N60'57'57"E L8 340.89' N7359'11"W 3.A LEGAL DESCRIPTION OF EVEN DATE WAS " 0' 50' 100' PREPARED IN CONJUNCTION WITH THIS PLAT. W� LL4 65.36' N09'49'42"E L9 1.70 S22'27'38"W 4.SURVEY WAS PERFORMED IN AUGUST 2022 SCALE: 1'= 100' 'E (11"X 8-1/2") L5 16.34' S76'48'11"EL10 45.00' N67-52-56"W 5.THIS SURVEY WAS PERFORMED WITHOUT THE AID OF A TIRE COMMITMENT.THERE MAY BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. 6.ACCORDING TO THE FLOOD INSURANCE RATE MAP w ,�• (FIRM) FOR THE CITY OF CORPUS CHRISTI, NUECES �O• = COUNTY,TEXAS, COMMUNITY PANEL NO. 4835500310G, MAP EFFECTIVE 10/13/2022 AND E ,C2� ��� COMMUNITY PANEL NO.48355C0320G, MAP EFFECTIVE ENRIQUEZ VILLAREAL SURVEY 10/13/2022,THE SUBJECT EASEMENT IS PARTIALLY UN/O N PqC( ,� ABSTRACT N0. 1 LOCATED IN ZONE AE(EI-9)WHICH IN THIS CASE IS FIc A SPECIAL FLOOD HAZARD AREA, PARIALLY LOCATED �Po��/ (1\Rq/tR0g0 \ IN ARE NOT SPECIAL)FLOODZONE HAZARD AREAS. THIS Gj Q�'•i 4.837 ACRES \ �'�PRpx LEGEND: E J�V� d/ "PARCELD:HILLS RESOURCES �PROX LOCA FLOOD 1 �\ ■ = SED 5/8'uMENT (AS IRON ROD WH NOTED) CORPUS CHRISTI, LLC (CACCf 57°pO 2 At / O.0 - DOC. N0.2010040428 4 R� ONEX�--___ -,u� YELLOW PLASTIC CAP NOVEMBER 1, 2010 >g�YEAR) ------_ 1 STAMPED "CwLCORP" JJ 5/8"IRON ROD `� O.P.R.N.C.T. EYjs - P.L = PROPERTY LINE h (04 _ nNG Ra�ROgO P.O.e. = POINT of BEGINNING >' 7S67?:?S --1 RQgj P.O.C. = POINT OF COMMENCING F R O w. = RIGHT-OF-WAY = LAND HOOK OR.OF FLOOD PPE-1 I m O.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS ' � T10N. ---�� XOF NUECES COUNTY, TEXAS P.O.B. M.R.N.C.T. = MAP RECORDS N = 17,184,184.80 of NUECES COUNTY, TEXAS U� E= 1,335,591.90 _ �8 — ------ I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON Q/?\ THE GROUND AND THIS PLAT CORRECTLY REPRESENTS (R.0.W o�W4 S\ THE FACTS FOUND AT THE TIME OF THE SURVEY. DETAIL _ (NOT TO SCALE) Vo�4,G V425 b0 JAMES A WOODS RPLS NO. 5333 i EASEMENT APPROX TAKING APPROX rICivilCorp NO. EXISTING AREA REMAINDER .1 11PPN Sr.�<d2PU5<HRISP,1EXA5)Rbt ACRES ACRES R RR ffl-031)'r'.1 RR ffl-4 a G PPE-1 4.837 1 (25133 SF) 4.26° 45' WIDE PERMANENT PIPELINE EASEMENT - SEAWATER DESALINIZATION INNER HARBOR CURVE TABLE GENERAL P P E-1 DESCRIPTION: a1 CURVE # LENGTH I RADIUS CHORD CHORD BEARING DISTANCE DRAWN BY: DATE: PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 Cl 28.75' 1 5,770.75' 1 57639'38"E 1 28.75' ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: RELIED UPON AS A FINAL SURVEY DOCUMENT. SS SCALE: 1"=100' ORPUS CHRISTI 25/39 EXHIBIT "A" County: Nueces Page 26 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-2 Being a 1.421 acre (61,919 square foot) permanent pipeline easement, situated partially in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and partially in the Nueces County Navigation District 1 Survey, Abstract 2677, being a portion of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2011010311 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 1.421 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of said 40.353 acre tract, the south corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T., and being in the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West— Deed Call), with the South line of said 40.353 acre tract, said existing northwest right-of-way line of Union Pacific Railroad, a distance of 397.50 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the southeast corner of the herein described easement and having State Plane Coordinates of N=17,184,282.24, E=1,335,107.25, and being the POINT OF BEGINNING; 1) THENCE, North 76 deg. 48 min. 11 sec. West, with the South line of said 40.353 acre tract and said existing North right-of-way line of Union Pacific Railroad, a distance of 10.45 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement and the beginning of a tangent curve to the right; 2) THENCE, with the South line of said 40.353 acre tract, the said existing North right-of- way line of Union Pacific Railroad and with said curve to the right, having a radius of 5,650.75 feet, an arc length of 34.63 feet, and a chord which bears North 76 deg. 37 min. 42 sec. West, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the southwest corner of the herein described easement; THENCE, crossing said 40.353 acre tract the following 4 courses; 3) North 09 deg. 49 min 42 sec. East, a distance of 38.24 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; EXHIBIT "A" County: Nueces Page 27 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-2 4) North 59 deg. 46 min 40 sec. East, a distance of 430.37 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 5) North 01 deg. 12 min 11 sec. West, distance of a distance of 900.53 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the northwest corner of the herein described easement; 6) North 88 deg. 50 min 03 sec. East, a distance of 45.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the northeast corner of the herein described easement, said point also being in the common line of said 40.353 acre tract and a tract of land to the Nueces County Navigation District as shown on the South Side Nueces Bay map, recorded in Volume 6,Page 13 of the Map Records of Nueces County, Texas (M.R.N.C.T.); 7) THENCE, South 01 deg. 12 min 11 sec. East, with the common line of said 40.353 acre tract and said South Side Nueces Bay tract,passing at a distance of 396.60 feet to a 4 inch diameter galvanized fence corner post found for the common corner of said South Side Nueces Bay tract and said 16.839 acre tract, continuing for an overall distance of 926.99 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 8) THENCE, South 59 deg. 46 min 40 sec. West, crossing said 40.353 acre tract, a distance of 435.90 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for an angle corner of the herein described easement; 9) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said 40.353 acre tract, a distance of 20.03 feet to the POINT OF BEGINNING, containing 1.421 acres (61,919 square feet) of land. EXHIBIT "A" County: Nueces Page 28 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PPE-2 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 -- NUECES COUNTY 1.ALL BEARINGS AND COORDINATES SHOWN 0 9,p\ a NAVIGATION DISTRICT ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205) NAD a ���� LS /� ^ A-2677 SOUTH SIDE NUECES 63 (2001 ADJ.; EPOCH 2010.0). DUE TO THE COMBINED SURFACE ADJUSTMENT FACTOR OF BAY 1.000000 THE DISTANCES AND COORDINATE € X VOL. 6, PG. 13 VALUES OF SURFACE AND GRID ARE EQUAL. i �am NOVEMBER 27, 1933 w, ENRIQUEZ VILLAREAL SURVEY <� � < as M.R.N.C.T. 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. o' 150' 300' ABSTRACT N0. 1 3. A LEGAL DESCRIPTION OF EVEN DATE WAS DETAIL PREPARED IN CONJUNCTION WITH THIS PLAT. aI SCALE: 1"= 300' �� -- �' (NOT TO SCALE) `o (11"X 8-1/2") A_t 4. SURVEY WAS PERFORMED IN AUGUST 2022 E NUECES CO. NAVIGATION 5. THIS SURVEY WAS PERFORMED WITHOUT aI DISTRICT 1 SURVEY BEE EEASEMENTS OR OTH RAID OF A TITLEM MATTERS NOT SHOWN DETAIL 40.353 ACRES THERE MAY PL— ABSTRACT N0. 2677 THAT MAY EFFECT THE SUBJECT PROPERTY. (NOT TO SCALE) FLINT HILLS RESOURCES W CORPUS CHRISTI, LLC6.ACCORDING TO THE FLOOD INSURANCE RATE DOC. NO. 2011010311 w 4" GALVANIZED FENCE MAP (FIRM) FOR THE CITY OF CORPUS CHRISTI, ` CORNER POST NUECES COUNTY,TEXAS, COMMUNITY PANEL V� NOVEMBER 1, 2010 n 4B35500310G, MAP EFFECTIVE 10/13/2022, �� O.P.R.N.C.T. THE SUBJECT EASEMENT IS LOCATED IN SONE AE (EL9) WHICH IN THIS CASE IS A SEPCIAL 12 Q FLOOD HAZARD LEGEND L8� Cl � = FND MONUMENT (AS NOTED) E r� t ■ = SET 5/8" IRON ROD WITH --Ll P.O.B. PPE-2 16.839 ACRES YELLOW PLASTIC CAP N = 17,184,284.24 FLINT HILLS RESOURCES STAMPED "avlLcoRP" UN/pN\ E= 1,335,107.25 •yCORPUS CHRISTI, LLC PIT - PROPERTY LINE pqp// DOC. NO. 2010040428 P.O.E, = POINT of BEGINNING ��oo /C Rqj SEE DETAIL NOVEMBER 1,2010 P.o.c. = POINT of COMMENCING fowl �Rpq� O.P.R.N.C.T. R.o.W, = RICHT-OF-WAY _ = LAND HOOK - APPROX. ABSTRACTE TABLE 0N4�� Rp K, �� O.P.R.N C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS ABSTRACT ACREAGE _ ( Nz62P.O.C(SF) N7648•ii" 1/2"IRON ROD M.R.N.c.T. = MAP REcoRDs 30 0 1.216 39250• OF NUECES COUNTY, TEXAS �i A-1 (52,963 SF) I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE 0205 GROUND AND THIS PLAT CORRECTLY REPRESENTS THE . A-2677 FACTS FOUND AT THE TIME OF THE SURVEY. W (8,956 SF)i PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR LINE TABLE 1 LINE TABLE 2 RELIED UPON AS A FINAL SURVEY DOCUMENT. S LINE# LENGTH DIRECTION LINE# LENGTH DIRECTION JAMES A WOODS RPLS N0. 5333 ' L1 10.45' N76'48'11"W L5 45.00' N88.50'03"E NC '�' I O L2 38.24' N09'49'42"E L6 926.99' 501'12'11"E a rp NEERS a-ft E�axs &11 11PPN Sr..CWPU5 CHRISP.TEXAS 7SQ1 1¢:(x1)71 L3 430.37' N59.46'40"E L7 435.90' 559.46'40"W R RR noae� r. RR nale,lx La 900.53' Not tz'1t"w LS 20.03' sosas'az"w 45' WIDE PERMANENT PIPELINE EASEMENT - SEAWATER DESALINIZATION INNER HARBOR ENO. APPROX TAKING APPROX CURVE TABLE GENERAL PPE-2 a, EXISTING AREA REMAINDER DESCRIPTION:ACRES ACRES CURVE LENGTH RADIUS CHORD CHORD BEARING DISTANCE DRAWN BY: 0%02/221.421 AC. Ci 34.63' 5,670.75' N76'37'42"W 34.63'40.353 38.932 � (61,919 SF) CK'D BY: SCALE: ENT:CITY OF PAGE N0: SS SCALE: 1'--300T' RPUS CHRISTI X939 EXHIBIT "A" County: Nueces Page 30 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TCE-1 Being a 1.067 acres (46,480 square foot) temporary construction easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2011010311 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.) said 1.067 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the Southeast corner of said 40.353 acre tract, the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T., and being in the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 13 deg. 27 min. 30 sec. West, crossing said 40.353 acre tract, a distance of 471.11 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement, having State Plane Coordinates of N=17,184,651.66, E=1,335,384.61, and being the POINT OF BEGINNING; THENCE, crossing said 40.353 acre tract the following 4 courses; 1) South 88 deg. 47 min. 49 sec. West, a distance of 116.20 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement; 2) North 01 deg. 12 min. 11 sec. West, a distance of 400.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement; 3) North 88 deg. 47 min 49 sec. East, a distance of 116.20 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement; 4) South 01 deg. 12 min. 11 sec. East, a distance of 400.00 feet to the POINT OF BEGINNING, containing 1.067 acres (46,480 square feet) of land. EXHIBIT "A" County: Nueces Page 31 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TCE-1 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NUECES COUNTY NAVIGATION DISTRICT NOTES: 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE s SOUTH SIDE NUECES BAY COORDINATE SYSTEM, SOUTH ZONE (4205) NAD VOL. 6, PG. 13 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE W NOVEMBER 27, 1933 COMBINED SURFACE ADJUSTMENT FACTOR OF ~� N 88'471 49"E 1.000000 THE DISTANCES AND COORDINATE M.R.N.C.T. VALUES OF SURFACE AND GRID ARE EQUAL. E 116.26 PL 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. LII 050' 100' 3. A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN CONJUNCTION WITH THIS PLAT. SCALE: 1"= 100' (11"X 8-1/2") 4. SURVEY WAS PERFORMED IN AUGUST 2022 z Ja 5. THIS SURVEY WAS PERFORMED WITHOUT THE AID OF A TITLE COMMITMENT.THERE MAY E BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. ` TCE-1 6.ACCORDING TO THE FLOOD INSURANCE RATE MAP (FIRM) FOR THE CITY OF CORPUS CHRISTI, 16.839 ACRES NUECES COUNTY,TEXAS, COMMUNITY PANEL FLINT HILLS RESOURCES 4B35500310G, MAP EFFECTIVE 10/13/2022, �' w CORPUS CHRISTI, LLC THE SUBJECT EASEMENT IS LOCATED IN SONE DOC. NO. 2010040428 AE (EL9) WHICH IN THIS CASE IS A SEPCIAL o o FLOOD HAZARD AREA. o NOVEMBER 1,2010 LEGEND o o O.P.R.N.C.T. = FOR MONUMENT (AS NOTED) = N = SET 5/8" IRON ROD WITH YELLOW PLASTIC CAP E STAMPED "CIVILCORP" 40.353 ACRES PL = PROPERTY LINE FLINT HILLS RESOURCES P.O B = POINT of BEGINNING CORPUS CHRISTI, LLC ENRIQUEZ VILLAREAL SURVEY P.o,C, = POINT of COMMENCING DOC. NO. 2011010311 ABSTRACT NO. 1 R.o,W. = RICHT-OF-WAY - NOVEMBER 1, 2010 = LAND HOOK _ O.P.R.N.QT. o.P.R.N.C.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY, TEXAS 86 �.2 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE 11GROUND AND THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. . . . N =17,184,651.66 E= 1,335,384.61o JAMES A WOODS RPLS NO. 5333 o \ _ _ rKivilCorp \ &11 11PPN Sr..-US CHRISTI.TEXAS 7- �NION PAC/F/C RA` ` P.O.C. —IG ARI ffl-031"r'Xla'a18°1RR ffl— ea (1oo,R.Qw) LROAJ) \1/2"IR` TEMPORARY CONSTRUCTION EASEMENT _ SEAWATER DESALINIZATION INNER HARBOR EASEMENT APPROX TAKING APPROX E�SnNG Rq ' NO. EXISTING AREA REMAINDER ADRGENERAL •W DESORPTION: TCE- 1 ACRES ACRES 1.067 AC. PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR DRAWN BY: DATE: 9 TCE-1 40.353 39.286 ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR TH 09/02/22 (46,480 SF) RELIED UPON AS A FINAL SURVEY DOCUMENT. CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: SS SCALE: 1"=100' ORPUS CHRISTI 339 EXHIBIT "A" County: Nueces Page 33 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TCE-2 Being a 2.226 acres (96,958 square foot) temporary construction easement, situated partially in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and partially in the Nueces County Navigation District 1 Survey, Abstract 2677, being a portion of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christ, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 2.226 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southwest corner of said 16.839 acre tract, the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., and the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 01 deg. 17 min. 04 sec. East, crossing said 16.839 acre tract a distance of 460.80 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement, having State Plane Coordinates of N=17,184,654.17, E=1,335,504.58, and being the POINT OF BEGINNING; THENCE, crossing said 16.839 acre tract the following 6 courses; 1) North 01 deg. 12 min. 11 sec. West, a distance of 46.67 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 2) North 88 deg. 48 min. 11 sec. East, a distance of 160.08 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 3) North 01 deg. 12 min 11 sec. West, a distance of 300.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 4) South 88 deg. 48 min 11 sec. West, a distance of 150.08 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; EXHIBIT "A" County: Nueces Page 34 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TCE-2 5) North 01 deg. 12 min. 11 sec. West, a distance of 41.23 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement and being the beginning of a non-tangent curve to the right; 6) With said curve to the right, having a radius of 30.00 feet, an arc length of 12.45 feet, and a chord which bears North 10 deg. 41 min. 37 sec. East, a distance of 12.36 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set on the south line of a tract of land to the Nueces County Navigation District as shown on the South Side Nueces Bay map, recorded in Volume 6, Page 13 of the Map Records of Nueces County, Texas (M.R.N.C.T.) for the northwest corner of the herein described easement; 7) THENCE, North 88 deg. 47 min 49 sec. East(South 88 deg. 36 min. West—Deed Call), with the common line of said 16.839 acre tract and said South Side Nueces Bay tract, a distance of 351.25 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement; 8) THENCE, South 01 deg. 12 min 11 sec. East, crossing said 16.839 acre tract a distance of 400.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the southeast corner of the herein described easement; 9) THENCE, South 88 deg. 47 min. 49 sec. West, crossing said 16.839 acre tract, a distance of 363.80 feet to the POINT OF BEGINNING, containing 2.226 acres (96,958 square feet) of land. EXHIBIT "A" County: Nueces Page 35 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for TCE-2 All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NUECES COUNTY NAVIGATION DISTRICT NOTES: 1.ALL BEARINGS AND COORDINATES SHOWN SOUTH SIDE NUECES BAY ARE GRID BASED ON THE TEXAS STATE PLANE aCOORDINATE SYSTEM, SOUTH ZONE (4205) NAD J VOL. 6, PG. 13 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE W a NOVEMBER 27, 1933 COMBINED SURFACE ADJUSTMENT FACTOR OF L6 M.R.N.C.T. (CALLED S 88'36'W) 1.000000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL. PL APPRO%.216' NUECES CO. NAVIGATION 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. " o' 50' 100' Cl J ApOR \ a DISTRICT 1 SURVEY S(i ABSTRACT NO. 2677 3. A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN CONJUNCTION WITH THIS PLAT. SCALE: 1"= 100' u (11"X 8-1/2") L4 4NF \ 4. SURVEY WAS PERFORMED IN AUGUST 2022 z - 5. THIS SURVEY WAS PERFORMED WITHOUT ° 16.839 ACRES THE AID OF A TITLE COMMITMENT.THERE MAY E FLINT HILLS RESOURCES BE EASEMENTS OR OTHER MATTERS NOT SHOWN i ENRIQUEZ VILLAREAL SURVEY CORPUS CHRISTI, LLC THAT MAY EFFECT THE SUBJECT PROPERTY. ABSTRACT N0. 1 DOC. NO. 2010040428 6.ACCORDING TO THE FLOOD INSURANCE RATE i NOVEMBER 1,2010 MAP (FIRM) FOR THE CITY OF CORPUS CHRISTI, O.P.R.N.C.T. NUECES COUNTY,TEXAS, COMMUNITY PANEL 0 40.353 ACRES 4B35500310G, MAP EFFECTIVE 10/13/2022, THE SUBJECT EASEMENT IS LOCATED IN SONE FLINT HILLS RESOURCES TCE-2 AE (EL9) WHICH IN THIS CASE IS A SEPCIAL _ CORPUS CHRISTI, LLC FLOOD HAZARD AREA. DOC. NO. 2011010311 APPROX. ABSTRACT LEGEND: NOVEMBER 1, 2010 ACREAGE TABLE O.P.R.N.C.T. ABSTRACT ACREAGE FOR MONUMENT (As NOTED) (SF) m = SET 5/8" IRON ROD WITH ° LINE TABLE YELLOW PLASTIC CAP A-1 2.139 STAMPED "avILCORP" LINE LENGTH DIRECTION (93,176 SF) P1 = PROPERTY LINE 0.0870 P.O.B. = POINT OF BEGINNING i L1 46.67' N0112'11"W A-2677 3,782 SF ( ) P.O,C, = POINT OF COMMENCING % L2 160.08' N88'48'11"E R.O,W, = RIGHT-OF-WAY - L2 = LAND HOOK L3 300.00' N0112'11"W QP.R.N.C,T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS L4 150.08' S88'48'11"W :5 M,R,N,C,T, = MAP RECORDS LS 41.23' N0112'11"W LS of NUECES COUNTY, TEXAS L6 351.25' N88'47'49"E GROUND CERTIFY THIS SURVEY WAS PERFORMED ON THE P.O.B. GROUND AND THIS PLAT CORRECTLY REPRESENTS THE L7 400.00' 50112'11"E N= 17,184,654.17 FACTS FOUND AT THE TIME OF THE SURVEY. I,� E=1,335,504.58 L8 363.80' S88'47'49"W AD 0 S o a JAMES A WOODS RPLS NO. 5333 UN A/F/C ` Z PRELIMINARY,THIS DOCUMENT SHALL NOT RECORDED FOR rICivilCorp N P I P.O.C. ANY PURPOSE AND SHALL NOT BE USED ORR VIEWED OR RAS 1/2"IRON ROD RELIED UPON AS A FINAL SURVEY DOCUMENT. �uN�ss�<aRRus<xxisn. Eus Rs ewe ham'R.o.w.) LROAO ` NG ARI r0M(3'»'JRl RR E145TNy� nm,e TEMs0wnRR0NSRTIO ENT RAkRO�Rw TEDESALINIZATIONER HAROR CURVE TABLE EN NT APPROX TAKING APPROX GENERAL TCE-2 CHORD CHORD EXISTING AREA REMAINDER DESCRIPTION: CURVE // LENGTH RADIUS BEARING DISTANCEACRES ACRES DRAWN BY: DATE: Cl 12.45' 30.00' N10'41'37"E 12.36' 2.226 AC. TH 09/02/22 16.839 14.613 (96,958 SF) CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: SS SCALE: 1"=100' ORPUS CHRISTI 3639 EXHIBIT "A" County: Nueces Page 37 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PIE Being a 1.240 acres (54,024 square foot) permanent IPS easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, by deed dated November 1, 2010, as recorded in Document No. 2010040428 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 1.240 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southwest corner of said 16.839 acre tract, the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., and being in the existing North right-of-way line of Union Pacific Railroad (100' right-of-way width), THENCE as follows; North 01 deg. 12 min. 11 sec. West, with the West line of said 16.839 acre tract and the East line of said 40.353 acre tract, a distance of 507.04 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement, having State Plane Coordinates of N=17,184,700.42, E=1,335,483.61, and being the POINT OF BEGINNING; 1) THENCE, North 01 deg. 12 min 11 sec. West(South 01 deg. 24 min. East—Deed Call), with the West line of said 16.839 acre tract and the East line of said 40.353 acre tract, a distance of 300.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement; THENCE, crossing said 16.839 acre tract the following 3 courses; 2) North 88 deg. 48 min 11 sec. East, a distance of 180.08 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement; 3) South 01 deg. 12 min 11 sec. East, a distance of 300.00 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement; 4) South 88 deg. 48 min. 11 sec. West, a distance of 180.08 feet to the POINT OF BEGINNING, containing 1.240 acres (54,024 square feet) of land. EXHIBIT "A" County: Nueces Page 38 of 39 Project: Corpus Christi Desalinization Plant Date: October 10, 2022 Revised: Property Description for PIE All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. James A. Woods Registered Professional Land Surveyor License No. 5333, State of Texas CivilCorp, LLC — 801 Lipan St, Corpus Christi, Texas 78401 361-371-538 TXSURV FIRM 910194156 NOTES: NUECES COUNTY NAVIGATION DISTRICT 1.ALL BEARINGS AND COORDINATES SHOWN ARE GRID BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE (4205) NAD SOUTH SIDE NUECES BAY 83 (2001 ADJ.; EPOCH 2010.0). DUE TO THE VOL. 6, PG. 13 COMBINED SURFACE ADJUSTMENT FACTOR OF OORDINATE 0. NOVEMBER 27, 1933 VALUES OF1.000000 SURFACE URFACEE AND GRIDE DISTANCES AND ARE'D NATE EQUAL. M.R.N.C.T. PL— 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. 0' 50' 100' 3. A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED IN CONJUNCTION WITH THIS PLAT. SCALE: 1"= 100' 4. SURVEY WAS PERFORMED IN AUGUST 2022 (11"X 8-1/2") $ N 88'48'11"E 5. THIS SURVEY WAS PERFORMED WITHOUT ai 180.08' THE AID OF A TITLE COMMITMENT.THERE MAY - BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. iL ENRIQUEZ MLLAREAL SURVEY 6.ACCORDING TO THE FLOOD INSURANCE RATE ABSTRACT NO. 1 PIE 16.839 ACRES NUEC(ESRCOUFOR NTY,THE COMMTY OF UNITY PANEL EFLINT HILLS RESOURCES 4B35500310G, MAP EFFECTIVE 10/13/2022, CORPUS CHRISTI, LLC THE SUBJECT EASEMENT IS LOCATED IN SONE u < 3 w DOC. N0. 2010040428 AE (EL9) WHICH IN THIS CASE IS A SEPCIAL FLOOD HAZARD AREA a o o NOVEMBER 1,2010 LEGEND: r o o O.P.R.N.C.T. 0 o r9j r n = END MONUMENT (AS NOTED) z = SET 5/8" IRON ROD WITH o YELLOW PLASTIC CAP 40.353 ACRES STAMPED "avILCORP" FLINT HILLS RESOURCES P L = PROPERTY LINE CORPUS CHRISTI, LLC P.O B = POINT OF BEGINNING DOC. NO. 2011010311 P'o,C, = POINT of COMMENCING NOVEMBER 1, 2010 R,o,W, = RIGHT-OF-WAY - O.P.R.N.C.T. = LAND HOOK S 88'48'11" W QP.R.N.C,T. = OFFICIAL PUBLIC RECORDS 180.08' OF NUECES COUNTY, TEXAS M,R,N,C,T, = MAP RECORDS P.O.B. OF NUECES COUNTY, TEXAS N = 17,184,700.42 I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE o E= 1,335,483.61 GROUND AND THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. 3 o JAMES A WOODS RPLS NO. 5333 S _N NCiviICorp ANION PACIF\ Z 1/2-IRON ROD .1—�'r.<d PUS<HR '-1 RR noa01"r71JR18°1RR ffl—1 a (too- Row AILRO 200' X 3001'ERPERMANENT IPS EASEMENT ? &VSpNO SEAWATER DESALINIZATION INNER HARBOR EASEMENT APPROX TAKING APPROX R1kg0b R W GENERAL NO. EXISTING AREA REMAINDER DESCRIPTION: P I E ACRES ACRES 'y PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR DRAWN BY: DATE: 1.240 AC. - PIE 16.839 15.599 ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR TH 09/02/22 (54,024 SFJ RELIED UPON AS A FINAL SURVEY DOCUMENT. CK'D BY: SCALE: CLIENT:CITY OF PAGE NO: SS SCALE: 1"=100' ORPUS CHRISTI 3939 PURCHASE AND SALE AGREEMENT By and Between FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, as Seller and CITY OF CORPUS CHRISTI, TEXAS, as Buyer Dated effective as of ,2022 TABLE OF CONTENTS Page 1. Conveyances................................................................................................................................... 1 2. Purchase Price and Payment........................................................................................................2 3. Limitation on Representations and Warranties; Assumption and Release..............................3 4. Disannexation; Development Agreement; Right of Repurchase...............................................5 5. Option Period............................................................................................................................... 10 6. Title and Survey........................................................................................................................... 12 7. Deed............................................................................................................................................... 13 8. Closin........................................................................................................................................... 14 9. Apportionment of Taxes and Other Closing Costs................................................................... 14 10. Utilities/Certain Permits.............................................................................................................. 15 11. Condemnation and Casualty Loss; Force Majeure.................................................................. 15 12. No Broker ..................................................................................................................................... 16 13. Default........................................................................................................................................... 16 14. Notices........................................................................................................................................... 17 15. Assi2nment ................................................................................................................................... 18 16. Exchanae....................................................................................................................................... 18 17. Closing Documents....................................................................................................................... 19 18. Seller's Representations and Warranties ..................................................................................20 19. Representations and Warranties of Buyer ................................................................................22 20. Conditions of Seller's Obliaations..............................................................................................22 21. Conditions of Buyer's Obli2ations .............................................................................................23 22. Complete Aareement...................................................................................................................23 23. Times is of the Essence; Dates.....................................................................................................23 24. Recording of Memorandum of Option ..........................................................................25 25. Miscellaneous ...............................................................................................................................24 26. Binding Effect; Waiver of Sovereign Immunity from Liability and Suit; Further Assurances; Venue.......................................................................................................................24 27. Waiver of Special Damaaes.........................................................................................................25 28. Title Insurance Remedy ..............................................................................................................26 29. Confidentiality..............................................................................................................................26 30. Right to Counsel; No Presumption Against Drafter.................................................................26 31. Provision of Potable Water to Seller..........................................................................................27 Page i of ii 32. Reservation of Mineral Rights and Mineral Leases .................................................................27 33. Texas Provisions...........................................................................................................................27 Exhibits Exhibit A Definitions Exhibit B Legal Description for Land Exhibit C Legal Description for Seller Retained Land Exhibit D-I Location of Pipeline Easements Exhibit D-2 Location of Submerged Land Easement Exhibit D-3 Location of Intake Pump Station Easement Exhibit D-4 Location of Access Easements Exhibit D-5 Location of Construction/Maintenance Easements Exhibit D-6 Location of Temporary Soil Storage Easement Exhibit E Form of Easement Agreement Exhibit F Form of Additional Option Period Notice Exhibit G Form of Development Agreement Exhibit H Form of Special Warranty Deed Exhibit I Form of Escrow Agreement Exhibit J Form of Reannexation Petition Exhibit K Form of Repurchase Right Reimbursement Agreement Exhibit L Form of Soil Management Plan Exhibit M Form of Reconveyance Deed Exhibit N Form of Termination and Release of Repurchase Right Exhibit O [Intentionally Omitted] Exhibit P Access Agreements Exhibit Q Permitted Exceptions Exhibit R Form of Certificate and Affidavit of Non-Foreign Status Exhibit S Form of Seller's Affidavit Exhibit T Form of Legal Opinion Exhibit U Form of Memorandum of Option Exhibit V Form of Termination of Memorandum of Option Schedules Schedule I Required Permits Page ii of ii PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of this day of ,2022 (the "Effective Date"),by and between FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company("Seller"), and the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality (`Buyer"). Capitalized terms used but not otherwise defined herein shall have the meaning ascribed to such terms on Exhibit A attached hereto and made a part hereof. AGREEMENT In consideration of the mutual covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which are acknowledged by Seller and Buyer, Seller and Buyer agree as follows: 1. Conveyances. (a) Real Property. Upon the terms and conditions herein set forth, Seller agrees to sell and convey to Buyer,and Buyer agrees to purchase from Seller and take title to,certain land located in Nueces County,Texas,and being more particularly described on Exhibit B attached hereto and made a part hereof(the "Land"),together with all of Seller's right,title and interest in and to any and all appurtenances in any way belonging or appurtenant to said Land, including, without limitation, any strips and gores, if any,adjacent or contiguous to the Land,any land lying in or under any street,alley or road running through, abutting or adjacent to the Land,and any easements,rights of ingress and egress and reversionary interests benefitting or serving the Land(all of which are included as part of the"Land"herein);provided,that Seller shall reserve unto itself, and shall not convey to Buyer at Closing (as hereinafter defined), all of Seller's interest in(i)any and all water,oil,gas,hydrocarbons and other minerals of whatever kind or nature under or within the Land owned by Seller, (ii) all royalties, benefits, bonuses, rents, funds, claims and other proceeds of any kind attributable to or that may accrue in connection with any water, oil, gas, and other minerals in,under and that may be produced from the Land, and(iii) any and all rights and improvements associated with such water, oil, gas, hydrocarbons or other minerals and all rights pertaining thereto (collectively,the"Excluded Water and Minerals";the Land,excluding the Excluded Water and Minerals, being hereinafter collectively referred to as the "Property"); provided further,that Seller shall not reserve or retain, and shall waive and relinquish in the Deed (as hereinafter defined), any and all rights to use the surface of the Land for any use whatsoever, including, without limitation, any operations in connection with the exploration,development and production of the Excluded Water and Minerals of whatever kind or nature (the "Surface Waiver"). The Surface Waiver shall not restrict Seller from mining, drilling, exploring, operating, developing or extracting the Excluded Water and Minerals by means of pooling, directional drilling or other methods that do not require utilization of the surface of the Land so long as such activities do not cause any interference with the surface of the Property through subsidence,expansion, or any other shifting. Buyer proposes to acquire the Property and the Easements (as hereinafter defined) for the purpose of constructing and operating a water desalination and treatment plant and other facilities in connection therewith (collectively,the "Project"). For the avoidance of doubt,as used herein,the term "Property"does not include the Easements. (b) Easements. Upon the terms and conditions herein set forth, in addition to the Property, Seller agrees to convey to Buyer, and Buyer agrees to accept from Seller, at Closing, the Easements across certain land owned by Seller and located in Nueces County, Texas, which land is more particularly described on Exhibit C attached hereto and made a part hereof(the "Seller Retained Land"). The easements to be granted at Closing pursuant to this Section 2(b) are more particularly described as follows: (i) a limited, nonexclusive pipeline easement in the approximate locations generally depicted on Pagel of[83] Exhibit D-1 attached hereto and incorporated herein by this reference (collectively, the "Pipeline Easement"),which shall be used solely for the installation,inspection,maintenance,repair and replacement of seawater and seawater concentrate pipelines, intake and outfall structures used in connection with an intake pump station, and ancillary facilities and utilities used in connection with the Project; (ii) a limited, nonexclusive easement to submerged land in the approximate locations generally depicted on Exhibit D-2 attached hereto and incorporated herein by this reference, which shall be used solely for the installation, inspection,replacement and repair of certain seawater intake and outfall structures to be installed and used in connection with the Project (collectively, the "Submerged Land Easement"); (iii) a limited, nonexclusive easement in the approximate location generally depicted on Exhibit D-3 attached hereto and incorporated herein by this reference,which shall be used for the installation,inspection,replacement and repair of a seawater intake pump station to be installed and operated in connection with the Project (collectively,the "Intake Pump Station Easement"); (iv)a limited,nonexclusive road access easement in the approximate locations generally depicted on Exhibit D-4 attached hereto and incorporated herein by this reference, which shall be used solely for ingress to and egress from the Construction/Maintenance Easement (as hereinafter defined), the Pipeline Easement, the Submerged Land Easement and the Intake Pump Station Easement(collectively,the"Access Easement");(v)a limited,nonexclusive easement in the locations generally depicted on Exhibit D-5 attached hereto and incorporated herein by this reference,which shall be used solely for the construction, installation and maintenance of the Easement Improvements (as hereinafter defined) (collectively, the "Construction/Maintenance Easement"); and (vi) a limited, nonexclusive easement in the location generally depicted on Exhibit D-6 attached hereto and incorporated herein by this reference, which shall be used solely for the temporary storage of excess soil during the construction of the Easement Improvements(collectively,the "Temporary Soil Storage Easement", and together with the Pipeline Easement, the Submerged Land Easement, the Intake Pump Station Easement, the Access Easement, and the Construction/Maintenance Easement, collectively, the "Easements"). The Easements shall be conveyed by Seller to Buyer at Closing in the form of, and subject to the terms and conditions set forth in,Exhibit E attached hereto and incorporated herein by this reference (the "Easement Agreement"). As related to the Submerged Land Easement,Buyer shall,at Buyer's sole cost and expense, obtain any required property interests from other parties together with approvals from all applicable governmental agencies,and to the extent reasonably required,Seller shall consent to and/or join such grants. Buyer shall notify Seller of any such required interests or approvals from third-parties and governmental agencies and, at the request of Seller, will allow Seller to participate in the discussions with such parties and agencies. As used herein,the "Easement Areas"means the portion of the Seller Retained Land upon which the Easements will be located. As used herein"Easement Improvements"means all improvements to be installed on the areas of the Seller Retained Land in connection with the Project upon which the Pipeline Easement,the Submerged Land Easement and the Intake Pump Station Easement are located. 2. Purchase Price and Payment. (a) Purchase Price. The total purchase price for the Property and Easements shall be $5,455,000.00 (the "Purchase Price"),to be paid in cash or other immediately available funds to Seller at Closing. (b) Earnest Money. Within five Business Days after the Effective Date, Buyer will deposit with San Jacinto Title Services of Texas, LLC, whose address is 520 Lawrence Street, Corpus Christi, Texas 78401, Attn: Shelly Grahmann, Email: shellygrahmann@sanjacintotitle.com (the "Title Company"),in escrow,the sum of$500.00 as earnest money(said sum referred to herein as the "Earnest Money") in an interest bearing account to be applied as partial payment of the Purchase Price at Closing, or otherwise paid to Seller or refunded to Buyer as set forth herein. Notwithstanding anything to the contrary set forth herein, for income tax reporting purposes, any and all interest earned on any sum deposited with the Title Company hereunder shall be deemed income attributable to Buyer. Page 2 of[76] (c) Initial Option Fee. Simultaneously with the delivery of the Earnest Money to the Title Company and in no event later than five Business Days after the Effective Date, as consideration for the Initial Option Period (hereinafter defined) Buyer will also deliver to Seller the nonrefundable sum of $300,000.00 as the initial independent consideration for this Agreement and the Initial Option Period(said sum referred to herein as the "Initial Option Fee"), which Initial Option Fee shall be applied as partial payment of the Purchase Price at Closing,if Closing occurs. (d) Additional Option Fee. If on or before 30 days prior to the last day of the Initial Option Period (i) Buyer has not received any one of the permits described on Schedule I attached hereto and made a part hereof(collectively, the "Required Permits") or (ii) any of the Required Permits are subject to an appellate proceeding, then Buyer may, at its option, elect to extend the Total Option Period (as hereinafter defined) for an additional one year or two years(such extension of the Total Option Period, the "Additional Option Period")by (A)notifying Seller of its election to extend the Total Option Period by delivering a notice to Seller in the form of Exhibit F attached hereto and incorporated herein by reference (such notice,the "Additional Option Notice") and (B) delivering to Seller the nonrefundable Additional Option Fee (as hereinafter defined) as the additional independent consideration for the Additional Option Period within five Business Days after Buyer provides the Additional Option Notice to Seller. Buyer's right to extend the Total Option Period by an Additional Option Period is a one-time right only. The Additional Option Fee shall be applied as partial payment of the Purchase Price at Closing, if Closing occurs. As used herein,the "Additional Option Fee"means either(A)in the event Buyer elects to extend the Total Option Period for an additional one year, $150,000.00 or, alternatively, (B) in the event Buyer elects to extend the Total Option Period for an additional two years, $350,000.00,as the case may be. Both the Initial Option Fee and the Additional Option Fee shall be deemed fully earned and "at risk" upon payment to Seller and nonrefundable to Buyer. As used herein, "Total Option Period" means the Initial Option Period plus the Additional Option Period, if any. For the avoidance of doubt, if Buyer does not elect to purchase an Additional Option Period as provided in this Section 2(d),then the Total Option Period shall mean the Initial Option Period. (e) Failure to Deliver Funds. In the event Buyer fails to pay (i) the Earnest Money to the Title Company, (ii) the Initial Option Fee to Seller, or(iii)if Buyer has given an Additional Option Notice to Seller, the applicable Additional Option Fee to Seller, within the time period specified in this Section 2, then Seller shall have the sole option to immediately terminate this Agreement by providing notice to Buyer,in which event this Agreement shall become null and void, Seller and Buyer shall have no further rights,duties,obligations or liabilities under this Agreement,except for obligations which expressly survive termination hereof,and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded. Notwithstanding anything to the contrary set forth herein, for income tax reporting purposes, any and all interest earned on any sum deposited with the Title Company hereunder shall be deemed income attributable to Buyer. 3. Limitation on Representations and Warranties; Assumption and Release. (a) Any title commitments,title exceptions,assessments,surveys,plats,plans,reports, studies or other documents, including, without limitation, Seller's East Refinery Annual Groundwater Report for the year �� submitted to the State of Texas (collectively, "Review Documents") made available to Buyer or Buyer's Affiliates by Seller or Seller's Affiliates are provided on a non-reliance basis as information only. Buyer shall not rely upon Seller's or Seller's Affiliates' provision of any Review Documents in lieu of Buyer conducting its own due diligence. Except for any express representations and warranties contained in Section 18, Seller has not made,does not make,and has not authorized anyone else to make any representation or warranty with respect to the Property, the Easements or the Review Documents,including as to: (i)the accuracy,reliability or completeness of any of the Review Documents; Page 3 of[76] (ii)the availability of railroad,water, sewer,electrical,gas or other utility services; (iii)the Environmental Condition(hereinafter defined)of the Property or the Easement Areas;(iv)the habitability,merchantability or fitness for a particular purpose of all or any portion of the Property or the Easement Areas;(v)the number of acres contained in the Property or the Easement Areas, or whether any portion of such Property or the Easement Areas is able to be developed; (vi) the zoning, subdivision or land use laws or requirements applicable to the Property or the Easement Areas or the conformance of the Property or the Easement Areas with any such zoning, subdivision or land use laws or requirements; or (vii) any other matter or thing affecting or relating to the Property,the Easement Areas,the condition of any of them,or this Agreement. Subject to any express representations and warranties of Seller contained in Section 18 and the special warranty of title in the Deed,upon the conveyance of the Property and the Easements to Buyer,Buyer shall accept the Property and the Easement Areas in their respective present environmental and physical condition, "AS-IS," "WHERE-IS," WITH ALL FAULTS AND DEFECTS, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION (PHYSICAL OR OTHERWISE), FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, regardless of how any such faults and defects were caused or created(whether by Seller's, Seller's Affiliates',or any other party's negligence,actions or fault or otherwise), and acknowledges that: (y) without this acceptance, the sale contemplated by this Agreement would not be consummated and (z) neither Seller nor Seller's Affiliates, shall be under any obligation whatsoever to undertake any improvement, repair, modification, alterations, removal, remediation or other work of any kind with respect to all or any portion of the Property or the Easement Areas. (b) UPON CLOSING, BUYER SHALL EXPRESSLY ASSUME ANY AND ALL LIABILITY RELATED TO ANY ENVIRONMENTAL CONDITIONS AND ANY HAZARDOUS MATERIALS, AND BUYER, FOR ITSELF AND BUYER'S AFFILIATES, WAIVES, RELINQUISHES, AND RELEASES THE RELEASED PARTIES (HEREINAFTER DEFINED) FROM ANY AND ALL LOSSES/CLAIMS (HEREINAFTER DEFINED) ARISING OUT OF OR RELATED TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE EASEMENT AREAS, except to the extent arising from the negligence or willful misconduct of Seller. In the event Buyer assigns this Agreement to a non-governmental entity pursuant to Section 15,then in addition to the forgoing release, Buyer's assignee shall, by operation of its acceptance of an assignment of this Agreement from Buyer, agree to, upon Closing, INDEMNIFY, PROTECT, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO SELLER)AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES/CLAIMS ARISING OUT OF OR RELATED TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY AND THE EASEMENT AREAS, except to the extent arising from the negligence or willful misconduct of Seller. (c) Buyer expressly acknowledges that in entering into this Agreement, Buyer is not relying on any representations or warranties from or by Seller or Seller's Affiliates except as specifically provided in Section 18. Instead,Buyer is responsible for,has conducted or shall conduct such due diligence as it deems necessary to protect its interest in purchasing the Property and the Easements and in evaluating its liability in doing so. Buyer has examined and inspected or shall fully examine and inspect the Property and the Easement Areas and become thoroughly familiar with the title, physical and Environmental Condition,status and suitability of the Property and the Easement Areas. (d) Upon the Closing, except as otherwise expressly provided in Section 18 or the Deed delivered by Seller to Buyer at Closing, Buyer shall assume the risk that adverse matters,including, without limitation, adverse physical, zoning and Environmental Conditions, may not have been revealed by Buyer's due diligence investigations; and Buyer, upon Closing, shall, except as otherwise expressly provided in Section 18 or the Deed delivered by Seller to Buyer at Closing, be deemed to have forever WAIVED, RELINQUISHED AND RELEASED SELLER AND SELLER'S AFFILIATES Page 4 of[76] (COLLECTIVELY, THE "RELEASED PARTIES"), AND BUYER HEREBY FOREVER WAIVES, RELINQUISHES AND RELEASES THE RELEASED PARTIES,UPON CLOSING,FROM ANY AND ALL LOSSES/CLAIMS THAT BUYER OR BUYER'S AFFILIATES,ANY GOVERNMENTAL BODY OR ANY OTHER PERSON OR ENTITY MIGHT HAVE ASSERTED OR ALLEGED OR MIGHT HEREAFTER ASSERT OR ALLEGE AGAINST ANY OF THE RELEASED PARTIES, THE PROPERTY OR THE EASEMENT AREAS AT ANY TIME BY REASON OF, OR ARISING OUT OF, ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS ON THE PROPERTY, THE EASEMENT AREAS, VIOLATIONS (OR ALLEGED VIOLATIONS) OF, OR LIABILITY(OR ALLEGED LIABILITY)UNDER ANY APPLICABLE ENVIRONMENTAL LAW OR OTHER LEGAL REQUIREMENT OR ORDER, AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY OR THE EASEMENT AREAS, REGARDLESS OF HOW OR WHEN CAUSED OR CREATED, in each case, except to the extent arising from the negligence or willful misconduct of Seller. Furthermore,in the event Buyer assigns this Agreement to a non-governmental entity pursuant to Section 15,then in addition to the forgoing release, Buyer's assignee shall, by operation of its acceptance of an assignment of this Agreement from Buyer, agree to, upon Closing, INDEMNIFY, PROTECT, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO SELLER)AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES/CLAIMS THAT BUYER OR BUYER'S AFFILIATES,ANY GOVERNMENTAL BODY OR ANY OTHER PERSON OR ENTITY MIGHT HAVE ASSERTED OR ALLEGED OR MIGHT HEREAFTER ASSERT OR ALLEGE AGAINST ANY OF THE RELEASED PARTIES, THE PROPERTY OR THE EASEMENT AREAS AT ANY TIME BY REASON OF, OR ARISING OUT OF, ANY LATENT OR PATENT CONSTRUCTION DEFECTS OR PHYSICAL CONDITIONS ON THE PROPERTY, THE EASEMENT AREAS, VIOLATIONS (OR ALLEGED VIOLATIONS) OF, OR LIABILITY(OR ALLEGED LIABILITY)UNDER ANY APPLICABLE ENVIRONMENTAL LAW OR OTHER LEGAL REQUIREMENT OR ORDER, AND ANY AND ALL OTHER ACTS, OMISSIONS, EVENTS, CIRCUMSTANCES OR MATTERS REGARDING THE PROPERTY OR THE EASEMENT AREAS, REGARDLESS OF HOW OR WHEN CAUSED OR CREATED, except to the extent arising from the negligence or willful misconduct of Seller. (e) The provisions of this Section 3 are intended to be for the benefit of, and shall be enforceable by, Seller and each of the other Released Parties and are in addition to, and not in substitution for, any other rights that any such person or entity may have by contract, law or otherwise (if any). The obligations of Buyer under this Section 3 shall not be terminated or modified in such a manner as to adversely affect any Released Parry to whom this Section 3 applies without the consent of the affected Released Party,it being expressly agreed that the Released Parties to whom this Section 3 applies shall be third party beneficiaries of this Section 3. The parties acknowledge and agree that the provisions set forth in Section 3 are a material inducement for Seller to enter into this Agreement and that Seller would not enter into this Agreement were it not for the inclusion of these provisions. The provisions contained in this Section 3 shall survive Closing and delivery and recording of the Deed or the termination for any reason of this Agreement. 4. Disannexation; Development Agreement; Right of Repurchase. (a) Development Agreement. (i) Disannexation. Prior to the Closing Date but after the Easement Survey is in agreed form as provided in Section 6(a)hereof,Buyer will cause the Property to be disannexed from the municipal jurisdiction of the City of Corpus Christi such that the Property becomes part of the extraterritorial jurisdiction of the City of Corpus Christi (such process,the "Disannexation I'). Seller will join with Buyer to execute any documents required by Buyer and approved by Seller (in its reasonable Page 5 of[76] discretion)to accomplish the Disannexation. On the date the Disannexation is approved by the City Council of the City of Corpus Christi (the "City Council"), Buyer and Seller shall enter into an extraterritorial jurisdiction development agreement under the provisions of Section 212.171, et. seq. of the Texas Local Government Code in the form of Exhibit G attached hereto and incorporated herein by reference (the "Development Agreement"). (ii) Reannexation. If the Disannexation has occurred,then upon the earlier to occur of(1) Closing or (2) the termination of this Agreement, Seller will execute and deliver to Buyer a petition for full purpose reannexation of the Property into the municipal jurisdiction of the City of Corpus Christi in the form of Exhibit J attached hereto and incorporated herein by reference (the form of which has been approved by the City Council) (the "Reannexation Petition"). The City Council shall act upon such Reannexation Petition at such time as may be determined by the City Council according to the laws of the State of Texas then in effect. (b) Repurchase Right. (i) Exercise of Repurchase Right. In the event the Closing occurs, Seller will have the right, but not the obligation, to repurchase all of the Property from Buyer at the Purchase Price (the "Repurchase Right") if either (i) Buyer has not satisfied the Project Progress Conditions (as hereinafter defined)as of the fifth anniversary of the Closing Date or(ii)on or prior to the fifth anniversary of the Closing Date, Buyer notifies Seller that Buyer does not plan to proceed with the Project (the occurrence of the events described in clauses(i)and(ii)are each referred to herein as a"Repurchase Right Trigger Event", and such anniversary date or the date upon which Seller is notified of such Repurchase Right Trigger Event,the "Repurchase Right Trigger Date"). Upon the occurrence of a Repurchase Right Trigger Event, Seller shall have until the first anniversary of the Repurchase Right Trigger Date to conduct due diligence investigations (including, without limitation, to conduct all tests and studies of whatever nature Seller deems necessary in its sole and absolute discretion (including, without limitation, invasive Phase II environmental site assessments) at Seller's sole expense and liability and to obtain and review a title commitment for the Property) and to notify Buyer of Seller's election to exercise its Repurchase Right (such period,the "Repurchase Right Term" and such notice,the "Repurchase Right Notice"). If Seller fails to notify Buyer of its election to exercise its Repurchase Right prior to the expiration of the Repurchase Right Term, then the Repurchase Right shall be deemed forfeited and of no further force and effect. The Repurchase Right may only be exercised for the entire parcel of the Property,except as provided in Section 4 b iv . (ii) Repurchase Right Closing. Within 90 days after the date of the Repurchase Right Notice,but in no event later than the last day of the Repurchase Right Term, Seller shall deposit the Purchase Price in cash or other immediately available funds with the Title Company. In the event that the Property and the Easement Areas are not in a condition substantially similar to (and in any event no worse than)the condition as existed on the Closing Date (subject to any Remediation performed by Buyer), as determined by Seller in its reasonable discretion,the Repurchase Right Closing (hereinafter defined)shall be delayed by a period of up to 90 days after the date of the Repurchase Right Notice in order to allow Buyer, at Buyer's sole cost and expense, to restore the Property and Easement Areas to such condition (such restoration obligation, the "Repurchase Right Restoration Obligation"); provided, that at Buyer's request, Seller may(but is not obligated to)permit Buyer to leave certain improvements on the Property and the Easement Areas in-place (including paving,soil reinforcement,leveling,gravel,electrical transformers and other electrical equipment, and other infrastructure that can be repurposed for future development) at no additional cost to Seller. Any improvements left on the Property and Easement Areas in accordance with the forgoing sentence shall be deemed to be the property of Seller. In the event of a good faith dispute between Seller and Buyer as to whether the Repurchase Right Restoration Obligation has been satisfied, Seller and Buyer shall attempt to resolve such dispute through mediation within 60 days, Page 6 of[76] and if such is not successfully resolved by such mediation, then by litigation in the county in which the Properties are located; provided that, nothing in this process shall postpone the requirement that Seller deposit the Purchase Price with the Title Company pursuant to the terms and conditions of the Escrow Agreement(hereinafter defined)on or before the last day of the Repurchase Right Term in order to exercise the Repurchase Right. The closing of the Repurchase Right(the"Repurchase Right Closing")shall occur five Business Days after the earlier to occur of(a) Seller's deposit of the Purchase Price or(b) Buyer has satisfied the Repurchase Right Restoration Obligation or such Repurchase Right Restoration Obligation is waived by Seller. At the Repurchase Right Closing, (i)the Title Company shall release the Purchase Price from escrow to Buyer, (ii)the Title Company shall release the Reconveyance Instruments from escrow in accordance with the Escrow Agreement, (iii)Buyer,at Buyer's sole cost and expense, shall cause the Title Company to issue in favor of Seller an owner's policy of title insurance covering the Property,in form and substance on the same terms as the title insurance obtained by Buyer at the Closing and subject only to the Permitted Exceptions(provided,that any endorsements to the basic owner policy of title insurance shall be at Seller's cost), (iv) Seller and Buyer shall promptly (and in any event no later than three Business Days after request)execute and deliver all other documents reasonably requested by Seller or the Title Company in order to consummate the Repurchase Right Closing, and (v)the Easement Agreement shall terminate in accordance with its terms. For the avoidance of doubt,in the event Seller exercises the Repurchase Right, Buyer shall be responsible for all expenses allocable to the Property for all periods from and after the day of Closing and prior to the 11:59 P.M.Corpus Christi Time on the day before the Repurchase Right Closing. (iii) Project Progress Conditions. As used herein, "Proiect Progress Conditions"means Buyer shall have entered into all contracts necessary for Buyer to construct the Project (including, without limitation, the construction contracts for the construction of the desalination plant, electrical substation,intake pump station,pipelines, and submerged facilities). Buyer shall send notice to Seller and the Title Company of its satisfaction of the Project Progress Conditions together with copies of all of the relevant construction contracts (the "Project Progress Condition Satisfaction Evidence" and such notice from Buyer to Seller, the "Project Progress Condition Notice") on or prior to the fifth anniversary of the Closing Date. Seller shall have 30 days to review the Project Progress Condition Satisfaction Evidence and to object or request additional information from Buyer by written notice to Buyer and the Title Company. If Seller does not timely object to the Project Progress Condition Satisfaction Evidence,then (i)the Project Progress Conditions shall be deemed satisfied as of the date of such Project Progress Condition Notice, (ii) the Repurchase Right will terminate, and (iii) the Title Company will be irrevocably authorized to record the Repurchase Right Termination(as hereinafter defined)pursuant to the Escrow Agreement. If Seller does timely object to the Project Progress Condition Satisfaction Evidence, then Buyer shall have 30 days to respond to Seller's objection in writing with a copy to the Title Company, and Seller shall have an additional 30 days to review the supplemental information provided by Buyer and to object by written notice to Buyer and the Title Company. If Seller does not timely object to the Project Progress Condition Satisfaction Evidence upon the receipt of such supplemental information, then the Project Progress Conditions shall be deemed satisfied and the procedures for termination of the Repurchase Right provided above shall be completed. In the event of Seller's repeated objection, the parties shall attempt to resolve such dispute through mediation within 60 days, and if such is not successfully resolved by such mediation, then by litigation in the county in which the Property and Easement Areas are located. The Title Company shall defer satisfaction of the procedures above regarding the Repurchase Right until receipt of a written agreement of the parties concerning satisfaction of the Project Progress Conditions or a final judgment concerning same. Any default by a third party under any such construction contract or the re-issuance of a contract to the same or different contractor shall not constitute a failure of Buyer to satisfy the Project Progress Conditions. (iv) Electrical Power Substation. Notwithstanding anything herein to the contrary,in the event that Buyer has either(i)constructed an electrical power substation on the Property as of the first day of the Repurchase Right Term, or (ii) entered into a binding construction contract that Page 7 of[76] provides for the completion of an electrical power substation on the Property and commenced construction of same as of first day of the Repurchase Right Term,then Buyer may send written notice to Seller and the Title Company of Buyer's intention to retain that portion of the Property upon which such electrical power substation is,or will be,located(such property,the"Substation Property"). Such notice shall be provided to Seller and the Title Company no later than the date that is 60 days after the commencement of the Repurchase Right Term and shall include the following documents: (i) an as-built survey of Substation Property or,if construction of the electrical power substation is incomplete as of such date,a boundary line survey of the Substation Property,in each case in form and substance reasonably satisfactory to Seller,(ii) a copy of the construction contract for such electrical power substation (if construction of such electrical power substation is incomplete), (iii) an as-surveyed metes and bounds legal description of the Substation Property. (iv) a duplicate of such metes and bounds legal description with the preface "SAVE AND EXCEPT the following property:"prior to such metes and bounds description,and(v) a"Recalculation of Purchase Price Worksheet"prepared by Buyer providing the following information: 1. Original Purchase Price: $5,455,000 2. Area of Excluded Land Area in Square Feet: [Insert figure from survey] 3. Value of Excluded Land Area: [Item#2 multiplied by $4.3968] 4. Adjusted Purchase Price: [Item#1 minus Item#3] Such notice from Buyer, together with the items described in the forgoing clauses (i) through (iv) are hereinafter referred to collectively as the "Substation Property Documents".For any Substation Property to be eligible to be excluded from the Repurchase Right of the Purchase Property as provided herein, such Substation Property shall be located at the perimeter of the Purchase Property adjacent to a public street, and shall be limited to that area actually occupied by the electrical power substation with an appropriate buffer or access area around the improvements. Upon the receipt by Seller and the Title Company of such Substation Property Documents, Seller shall have 30 days to review such Substation Property Documents and to object to or request additional information from the City by providing written notice to Buyer and the Title Company. If Seller does not timely object to the Substation Property Documents in accordance with the forgoing sentence,then(i)the description of the Project Property subject to the Repurchase Right shall be modified to exclude the Substation Property, (ii)the Title Company shall be instructed to insert at the end of Exhibit A in the special warranty deed signed by the City,as grantor,in favor of FHR,as grantee, the form of which is attached as Exhibit M hereto,the page provided in(iv)above beginning"SAVE AND EXCEPT" including the as-surveyed metes and bounds legal description of the Substation Property, and (iii) the amount of the Purchase Price for the purposes of the Repurchase Right shall be reduced to the Adjusted Purchase Price stated in the Recalculation of Purchase Price Worksheet included with the Substation Property Documents. If Seller does timely object to the Substation Property Documents, then Buyer shall have 30 days to respond to Seller's objection in writing with a copy to the Title Company, and Seller shall have an additional 30 days to review the supplemental information provided by Buyer and to object by written notice to Buyer and the Title Company. In the event of Seller's repeated objection, the parties shall attempt to resolve such dispute through mediation within 60 days, and if such is not successfully resolved by such mediation, then by litigation in the county in which the Property is located. The Title Company shall defer satisfaction of the procedures above regarding the Repurchase Right until receipt of a written agreement of the parties concerning satisfaction of the Substation Property or a final judgment concerning same. If Buyer fails to timely deliver all of the Substation Property Documents to Seller and the Title Company as required pursuant to this Section 4(b)(iv),then Buyer's right to exclude the Substation Property from Seller's exercise of the Repurchase Right shall be deemed forfeited and of no further force and effect. Page 8 of[76] In the event the circumstances described in this Section occur,all other terms and conditions governing the Repurchase Right shall remain in full force and effect. (c) Escrow Agreement. At Closing, Seller,Buyer and the Title Company shall enter into an escrow agreement in the form of Exhibit I attached hereto and incorporated herein by reference (the "Escrow Agreement"), pursuant to which, among other things, the Title Company shall agree to hold in escrow the following: (i) a fully executed repurchase right reimbursement agreement, signed by Buyer in favor of Seller, in the form of Exhibit K attached hereto and incorporated herein by reference (the "Reconveyance Reimbursement Agreement"); (ii) a fully executed special warranty deed, signed by Buyer,as grantor,in favor of Seller,as grantee,pursuant to which Buyer conveys the Property to Seller,in the form of Exhibit M attached hereto and incorporated herein by reference; (iii) a fully executed easement termination agreement signed by Buyer and Seller authorizing the irrevocable termination of the Easement Agreement,in the form of Exhibit D to Exhibit E attached hereto and incorporated herein by reference (the instruments described in clauses (i), (ii) and (iii) of this sentence are referred to herein collectively as the "Reconveyance Instruments") and (iv) a fully executed termination and release of repurchase right executed by Seller in the form of Exhibit N attached hereto and incorporated herein by reference (the "Repurchase Right Termination"). The Escrow Agreement will provide, among other things, that the Reconveyance Instruments and Repurchase Right Termination shall be automatically released to Seller upon the Repurchase Right Closing as provided in Section 4(b)(ii) above and, alternatively, that such documents shall be automatically released to Buyer in the event the Repurchase Right terminates or expires as provided in Section 4(b)(i) above or Seller otherwise defaults in the performance of its obligations for the Repurchase Right Closing. (d) Permitted Transfer. Subject to the Permitted Exceptions (including, without limitation, Seller's Repurchase Right,to the extent such remains in effect),on and after the Closing,Buyer may, at its option, convey the Property and, so long as such assignment is for the same Project purpose, assign the Easement Agreement (if such Easement Agreement remains in effect), to a third party (a "Qualified Transferee"), subject to all terms in this Agreement that survive Closing, including, without limitation, all terms and conditions contained in the Deed, this Agreement (to the extent such terms and conditions survive the Closing and recording of the Deed by the terms hereof), the Easement Agreement, the Development Agreement, the Soil Management Plan (as hereinafter defined), and all other documents executed in connection with this Agreement (such transfer, a "Permitted Transfer"). Buyer shall give Seller no less than 30 days' advance notice of such Permitted Transfer and,upon the effectiveness of such Permitted Transfer,Buyer shall deliver, or cause to be delivered, to Seller, (i) a copy of the recorded deed signed and acknowledged by the Qualified Transferee restating the restrictions in the Deed to the extent such remain in effect,and (ii)if the Easements remain in effect,a Soil Management Plan executed by such Qualified Transferee. Buyer acknowledges and agrees that all provisions of this Agreement that survive the Closing and recording of the Deed, as well as all provisions of the Deed and,to the extent applicable if the Seller's Repurchase Right remains in effect, the Development Agreement, and, to the extent the Easements remain in effect, the Easement Agreement, Soil Management Plan, and any other agreements between Buyer and Seller relating to the development and operation of the Project that are in full force and effect in accordance with their terms as of the date of the effectiveness of such Permitted Transfer (collectively,such agreements the "Project Agreements")shall be binding upon such Qualified Transferee as of the effective date of such Permitted Transfer;provided,that such Permitted Transfer shall not relieve Buyer of any of its obligations under the Project Agreements, accruing before the effective date of such Permitted Transfer. A Qualified Transferee's operation of the Project shall be considered an authorized municipal use by the City of Corpus Christi. The provisions of this Section 4 shall survive the Closing and recording of the Deed. Page 9 of[76] 5. Option Period. (a) Diligence Investigations. Buyer shall have until 11:59 p.m. Corpus Christi Time on the third anniversary of the Effective Date (the "Initial Option Period") to apply for the Required Permits and examine and test the Property and the Easement Areas,including,without limitation,to conduct land,soil,engineering,zoning,environmental(solely with respect to the Property),wetlands and feasibility studies, and all other studies and tests described in this Section 5(a) (collectively, the "Diligence Investigations"), and Seller grants permission to Buyer, its agents and independent contractor(s) to enter upon the Property and the Easement Areas for the sole purposes enumerated in this Section 5(a). All Diligence Investigations shall be at the sole cost and expense of Buyer and,except as specifically provided in Section 5(a)(i)and 5 a ii with respect to a Phase II Assessment(as hereinafter defined)and soil studies for foundation requirements for the Project, shall be nondestructive and noninvasive and shall not involve subsurface investigations of the Easement Areas. The parties agree that Buyer's access to the Property and the Easement Areas shall be governed by this Section 5 and those certain Access Agreements attached as Exhibit P hereto and incorporated herein by this reference (collectively,the "Access Agreements")and as provided herein, and Buyer agrees to abide by any safety rules or rules of conduct imposed by Seller from time to time with respect to Buyer's access to the Property or the Easement Areas. Buyer shall keep the Property and the Easement Areas free from liens relating to or arising out of any tests, studies or entry by Buyer or its agents and independent contractors pursuant to this Section 51 which obligation shall survive the Closing and recording of the Deed or earlier termination of this Agreement. Upon completion of its Diligence Investigations, Buyer shall restore the Property and the Easement Areas to a condition substantially similar to(and in any event no worse than)the condition which existed prior to any such tests, studies or entry,which obligation of Buyer shall survive the termination of this Agreement. (i) Assessment of the Property. In connection with the Diligence Investigations,on or before the date that is 180 days prior to the last day of the Initial Option Period,Buyer will obtain, at its sole cost and expense, a Phase I Environmental Site Assessment with respect to the Property, which Buyer shall promptly deliver to Seller. Thereafter, if the Phase I Environmental Site Assessment obtained by Buyer recommends that Buyer obtain a Phase II Environmental Site Assessment, then Buyer may at its option and at its sole cost and expense, obtain a Phase II Environmental Site Assessment with respect to the Property (a "Phase II Assessment") and conduct soil studies to determine foundation requirements for the Project;provided,that Buyer shall notify Seller at least five Business Days prior to any proposed soil or groundwater testing or any other invasive sampling. With respect to any such invasive or subsurface testing, Buyer shall notify Seller at least five Business Days in advance of any proposed soil or groundwater testing or any other invasive sampling, provide a sampling plan (including, without limitation,the locations and depths of the samples and the list of constituents for which the samples are to be analyzed) and shall conduct such testing with such conditions as Seller may reasonably require, including,but not limited to,requiring(i)an employee or representative of Seller be present for such testing and (ii) that Seller's representative be permitted to take split samples of any samples taken by Buyer's representative. (ii) Assessment of the Easement Areas. Should Buyer determine in its reasonable discretion that it requires additional environmental data related to the Easement Areas that is not already included in the Review Documents,then Buyer shall deliver to Seller a written description of such additional environmental data that Buyer requests from Seller. Seller shall use commercially reasonable efforts to provide such additional environmental data but solely to the extent Seller actually has such information in its records as of the date of such request; provided, that Seller shall be under no obligation to incur any additional cost,expense or liability in connection with providing such additional environmental data to Buyer. Seller will allow core sampling on the Easement Areas only as necessary for structural design analysis related the proposed construction of improvements on the Easement Areas in connection with the Project; provided that a representative of Seller must be present at all times Buyer is taking such Page 10 of[76] core samplings from the Easement Area. Buyer shall notify Seller at least five Business Days in advance of any proposed core sampling on the Easement Areas and shall coordinate with Seller's representative to conduct such core samplings at a mutually convenient time during Seller's normal business hours;provided that such core samples shall not be used for any sort of environmental analysis or investigation. (b) Additional Option Period. In the event Buyer elects to extend the Total Option Period by an Additional Option Period pursuant to Section 2(d),Buyer shall have until 11:59 p.m. Corpus Christi Time on the last day of the Additional Option Period to complete the Diligence Investigations. (c) Insurance Requirements. In addition to the requirements set forth in the Access Agreements, prior to Buyer or any of Buyer's consultants, contractors or subcontractors (collectively, "Buyer's Designees") entering onto the Property or the Easement Areas to conduct the inspections and tests described in Section 5(a),Buyer shall obtain and maintain,and shall cause each of Buyer's Designees to maintain (and shall deliver to Seller sufficient evidence thereof), general liability insurance, from an insurer rated B+ or better by the most current issue of A.M. Best, in the amount of at least $5,000,000.00 combined single limit for personal injury and property damage per occurrence,which insurance may be in combination with one or more underlying and excess policies,and shall provide coverage against any claim for personal injury or death or property damage caused by Buyer or any of Buyer's Designees in connection with such inspections or tests and Seller shall be named as an additional insured by virtue of an additional insured endorsement. Notwithstanding the forgoing, so long as Buyer is a governmental entity that is self- insured, Buyer shall not be obligated to provide any such coverages with Seller named as an additional insured;provided,that Buyer's self-insurance of the forgoing insurance coverage requirements qualified in such manner shall not limit or otherwise impair the obligation of Buyer's agents, contractors or representatives to obtain and maintain the insurance coverage required under this Section 5(c). (d) INDEMNIFICATION AND RELEASE. IN ADDITION TO THE OBLIGATIONS OF BUYER UNDER THE ACCESS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BUYER HEREBY AGREES THAT BUYER SHALL BE COMPLETELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS OF ITSELF AND BUYER SHALL REQUIRE ALL OF BUYER'S DESIGNEES TO BE COMPLETELY RESPONSIBLE FOR ALL ACTS AND OMISSIONS OF THEMSELVES IN EXERCISING THE RIGHTS AND PRIVILEGES GRANTED IN OR PURSUANT TO SECTIONS 5(A) AND (B) AND THE ACCESS AGREEMENTS. BUYER AGREES TO REQUIRE ITS DESIGNEES AND ASSIGNEES, AS APPLICABLE, TO INDEMNIFY AND HOLD HARMLESS SELLER AND THE OTHER RELEASED PARTIES AND AGREE TO PAY, INDEMNIFY, PROTECT, DEFEND (WITH COUNSEL REASONABLY ACCEPTABLE TO SELLER) AND HOLD HARMLESS SELLER AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES/CLAIMS (INCLUDING, WITHOUT LIMITATION, THE COST AND EXPENSE OF REMOVING OR BONDING ANY LIENS AFFECTING THE PROPERTY OR THE EASEMENT AREAS) EVER SUFFERED OR INCURRED BY SELLER OR THE OTHER RELEASED PARTIES BY REASON OF THE EXERCISE OF THE RIGHTS AND PRIVILEGES GRANTED TO BUYER IN SECTIONS 5(A) AND (B) AND THE ACCESS AGREEMENTS, OR THE BREACH OF BUYER'S COVENANTS TO RESTORE THE PROPERTY CONTAINED IN SECTIONS 5(A) AND (B). The obligations contained in this Section 5(d) shall survive Closing and delivery and recording of the Deed or the termination of this Agreement for any reason. (e) Buyer's Termination Right. In the event Buyer determines for any reason, in Buyer's sole discretion, that the Property is not suitable for Buyer's intended purposes,then no later than Page 11 of[76] 5:00 P.M. Corpus Christi Time on the last day of the Total Option Period, Buyer may provide to Seller written notice of Buyer's intention not to purchase the Property or the Easements, in which event this Agreement shall be terminated and the Earnest Money shall be returned to Buyer,and this Agreement shall become null and void, Seller and Buyer shall have no further rights, duties,obligations or liabilities under this Agreement,except for obligations which expressly survive termination hereof,and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded. In such event, within five days after Buyer terminates this Agreement pursuant to this Section 5(e), Buyer shall return to Seller all of the Review Documents and deliver to Seller copies of all plans, analyses, reports and other written information concerning the existing condition of Property and the Easement Areas which were obtained by Buyer during its review of the Property and the Easement Areas, which obligation shall survive any termination of this Agreement. If Buyer fails to timely terminate this Agreement in accordance with Section 5(e),then Buyer shall be deemed to have fully inspected and reviewed the Property and the Easement Areas, to have determined that the Property and the Easement Areas are suitable for Buyer's intended uses, and to have irrevocably waived the termination right contained in Section 5(d). In such event,the Earnest Money shall be deemed "at risk" and non-refundable to Buyer except as otherwise expressly provided herein. 6. Title and Survey. (a) Within 120 days after the Effective Date, Buyer shall, at Buyer's sole cost and expense,cause the Title Company to (i)deliver to Buyer(with a copy to Seller) a title commitment for an owner's policy of title insurance for the Land and the Easement Areas,to be issued by the Title Company on behalf of Fidelity National Title Insurance, in the amount of the Purchase Price (the "Title Commitment")and(ii)legible copies of all instruments referenced in the Title Commitment. On or before the second anniversary of the Effective Date, Buyer shall obtain, at Buyer's sole cost and expense, (i) an ALTA survey of the Property (the "Property Survey") and (ii) an ALTA survey of the Easement Areas (the "Easement Survey" and together with the Property Survey, collectively,the "Surveys"). Subject to Sections 5(c)and(d)and the Access Agreements, Seller shall permit representatives of Buyer to enter upon the Property and the Easement Areas for the purpose of preparing such Surveys and shall otherwise reasonably cooperate with Buyer in the preparation of the Surveys. Within 30 days after receipt of the Surveys,but in no event later than the delivery of the Title Objections to Seller,Buyer shall provide a copy of same to Seller for approval,which approval shall not be unreasonably withheld,delayed or conditioned. Upon such approval of the Easement Survey, the metes and bounds description and graphic depiction of the locations of the Easements shall be substituted for Exhibits D-I through DD6 and shall become part of this Agreement as the description of the Easements. (b) No later than 180 days prior to the expiration of the Initial Option Period, Buyer may furnish to Seller a written statement of objections to any material and adverse matter affecting the title to the Property as disclosed in the Title Commitment, the Property Survey or the Easement Survey (such objections set forth in any such statement are collectively referred to herein as the "Title Objections"). All matters as disclosed in the Title Commitment,the Property Survey or the Easement Survey which are not timely raised as Title Objections in the manner set forth above shall be deemed to constitute "Permitted Exceptions." Within 30 days after Seller's receipt of Buyer's Title Objections, if any, Seller may notify Buyer as to which Title Objections Seller is willing to attempt to cure,remove,or cause the Title Company to commit to insure over,prior to Closing; provided,however,that Seller shall have no obligation to cure, remove or cause the Title Company to commit to insure over any of Buyer's Title Objections, except for any monetary liens,judgment liens, mechanics liens or other matters created by, through or under Seller, which Seller shall be obligated to cure or cause the Title Company to insure over prior to,and as a condition of, Closing (such obligation to cure or insure over monetary liens created by Seller being referred to herein as a "Seller's Mandatory Cure Obligation"). Seller's failure to timely respond to any of Buyer's Title Objections,if any, shall be deemed to be Seller's election not to attempt to cure,remove or cause the Title Page 12 of[76] Company to commit to insure over such Title Objections, subject to Seller's Mandatory Cure Obligation. If Seller elects to attempt to cure, remove or cause the Title Company to commit to insure over any Title Objections, Seller shall have until the Closing to do so, and Seller may use proceeds paid at Closing by Buyer for such purpose. If Seller notifies Buyer(or is deemed to have notified Buyer)of its election not to attempt to cure,remove or cause the Title Company to commit to insure over any of the Title Objections as set forth above,then Buyer may elect to either: (i)terminate this Agreement by providing written notice of such termination to Seller on or before the expiration of the Initial Option Period whereupon the Earnest Money shall be returned to Buyer, and this Agreement shall become null and void, Seller and Buyer shall have no further rights, duties, obligations or liabilities under this Agreement, except for those obligations that expressly survive termination hereof, and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded; or(ii)waive such Title Objections and proceed to Closing without a reduction in the Purchase Price,in which case such Title Objections shall become Permitted Exceptions,and which shall be in addition to all other items that are or become Permitted Exceptions pursuant to Section 7 hereof. Buyer's failure to provide written notice to Seller of such election prior to the expiration of the Initial Option Period shall be deemed to be an election by Buyer to waive the Title Objections as provided in clause (ii) above. In the event Seller, in its sole discretion, elects to attempt to cure, remove or cause the Title Company to commit to cure some or all of Buyer's Title Objections as set forth above, but fails to do so by Closing, Buyer's sole and exclusive remedy for such failure shall be to elect by written notice given to Seller not later than Closing,one of the two remedies set forth above in clauses(i)and(ii)of this Section 6(b). Buyer's failure to provide written notice to Seller of such election prior to Closing shall be deemed to be an election by Buyer to waive such Title Objections as provided in clause (ii) above, in which case such Title Objections shall be deemed Permitted Exceptions. All matters affecting title to the Property in the Title Commitment other than the matters listed under Schedule C of such Title Commitment(including,without limitation, all Title Objections that become Permitted Exceptions pursuant to this Section 6(b)) shall be deemed Permitted Exceptions,and which shall be in addition to all other items that are or become Permitted Exceptions pursuant to Section 7 hereof. (c) Buyer may, at its cost and expense, obtain updates to the Title Commitment, the Property Survey, and the Easement Survey, and, to the extent any new material and adverse matters affecting title to the Property or the Easement Areas which were not previously revealed are shown thereon, Buyer may object to the same on or before the earlier of the Closing Date and 30 days after receipt of the version of the Title Commitment,the Property Survey or the Easement Survey first revealing the same,and such objections shall be deemed to be Title Objections. Buyer's failure to object within such time frame shall be deemed to be a waiver of Buyer's right to object to the same, and after such failure, any such new matters (excluding any new matters that are a Seller's Mandatory Cure Obligation) shall be deemed Permitted Exceptions. Seller and Buyer shall have the same rights with respect to such Title Objections as set forth in Section 6(b),except that Seller and Buyer shall have until the Closing to make the elections set forth in Section 6(b). In the event Seller, in its sole discretion, elects to attempt to cure,remove or cause the Title Company to commit to cure some or all of such new Title Objections, Seller may, in its sole discretion,elect to extend the Closing Date by up to 30 days for such purpose by providing Buyer notice of such 30-day extension no later than the then-scheduled Closing Date; provided,however, that in no event shall the Closing Date be extended for more than 30 days. 7. Deed and Easement Agreement. (a) At Closing, Seller agrees to convey to Buyer the Property by a special warranty deed in the form of Exhibit H attached hereto and incorporated herein by this reference (the "Deed"), free and clear of Page 13 of[76] all liens and other encumbrances,except the following permitted exceptions (collectively,the "Permitted Exceptions"): (i) the use restrictions set forth in the Deed; (ii) the Repurchase Right (together with the restrictions described in clause (a) above, collectively,the "Deed Restrictions"); (iii) all the matters listed in Exhibit Q attached hereto and incorporated by this reference; and (iv) all additional matters which become Permitted Exceptions pursuant to Section 6 hereof. (b) At Closing, Seller agrees to convey the Easements to Buyer pursuant to the Easement Agreement, subject to the terms and conditions set forth therein. 8. Closing. The consummation of the purchase and sale transaction contemplated herein(the "Closing") shall take place at the office of the Title Company on the date which is five Business Days after the expiration of the Total Option Period(the "Closing Date"), or such earlier date as Buyer and Seller should mutually agree upon. Notwithstanding the foregoing,there shall be no requirement that Seller and Buyer physically meet for the Closing, and all documents and funds to be delivered at the Closing shall be delivered into escrow with the Title Company,unless the parties hereto agree otherwise. 9. Apportionment of Taxes and Other Closing Costs. (a) All real estate taxes and assessments, both general and special, relating to the Property for the tax year in which the Closing occurs shall be paid and discharged by Seller as of the Closing Date pursuant to Section 26.11 of the Texas Tax Code,provided that Buyer is a governmental entity on the Closing Date. If Buyer is not a governmental entity on the Closing Date, such taxes and assessments and any other expenses associated with the Property shall be prorated as of 11:59 P.M. Corpus Christi Time of the day before the day of Closing and paid by Seller; such that Seller shall be responsible for all expenses allocable to the Property for all periods prior to the day of Closing, and Buyer shall be responsible for all expenses allocable to the Property (if any) for all periods from and after the day of Closing. To the extent any real estate taxes and special assessments are not handled pursuant to Section 26.11 of the Texas Tax Code as provided above, such real estate taxes and special assessments shall be prorated based upon the amount of said taxes for the year in which the Closing occurs if said amount is known at the time of the Closing; and if said amount is not known at the time of Closing, then such taxes shall be prorated on the basis of current applicable tax or millage rates and the most recent assessed value of the Property after making a fair and reasonable allocation of such assessment between such Property and any other property covered by such assessment. (b) At Closing, Buyer shall pay the following: (i) all costs of recording the Deed,the Memorandum of Easement, any other instruments required to be recorded in connection with this Agreement, and any mortgage placed on the Property; (ii) any other costs associated with the transfer of the Property and the Easements not specifically delineated herein, including any mortgage or intangibles tax; (iii) the costs of the title examination and the costs of any title examination update and the Title Commitment; (iv) any and all premiums, fees and costs relating to policies of owner's or lender's title insurance, (v) the cost of the Surveys; and (vi) the costs and expenses, if any, of its due diligence and investigation of the Property or Easement Areas, including, without limitation, the costs of the Phase II Page 14 of[76] Assessment. At Closing, Seller shall pay state, county and city excise, transfer, deed and stamp taxes applicable to the sale of the Property and conveyance of the Easements. At Closing, each party shall pay its own attorneys' fees and expenses in connection with this Agreement,and all escrow fees shall be equally split between Seller and Buyer. All other costs shall be paid by the party incurring such costs. IF BUYER IS NOT A GOVERNMENTAL ENTITY,THEN BUYER SHALL BE RESPONSIBLE FOR PAYMENT OF, AND, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SHALL INDEMNIFY,PROTECT,DEFEND(WITH COUNSEL REASONABLY ACCEPTABLE TO SELLER) AND HOLD HARMLESS SELLER AND THE OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES/CLAIMS, ANY AND ALL ROLLBACK OR CHANGE IN USE OR CLASSIFICATION TAXES, SEVERANCE TAXES, ASSESSMENTS, PENALTIES AND INTEREST, OR SIMILAR SUCH TAXES, ASSESSMENTS, PENALTIES AND INTEREST, CHARGED TO SELLER DUE TO BUYER'S NONCOMPLIANCE WITH, SUBSEQUENT CHANGE IN, OR DISCONTINUANCE OF, THE USE OR TAX CLASSIFICATION OF THE PROPERTY, THE EASEMENTS, OR ANY PORTION THEREOF, AFTER CLOSING, AND SUCH OBLIGATION SHALL SURVIVE THE CLOSING. 10. Utilities/Certain Permits. Seller shall terminate any utility services provided to the Property on or before the Closing Date, and Seller shall be responsible for all utilities provided to the Property for the period prior to Closing. Buyer shall be responsible for obtaining its own accounts,and for all charges,for all utility services to be provided to the Property from and after Closing,if any. With respect to any stormwater,wastewater,air or ancillary permits or waste generator identification numbers issued to Seller, Seller shall terminate or de-activate the permits or waste generator identification numbers on or before the Closing Date,in which case Buyer agrees that it shall be responsible for obtaining new permit(s) and waste generator identification numbers on or after the Closing Date. The provisions of this Section 10 shall survive Closing and delivery and recording of the Deed. 11. Condemnation and Casualtv Loss; Force Maieure. (a) Condemnation and Casualty Loss. In the event of a casualty or condemnation affecting the Property after the Effective Date and before the Closing Date,then Buyer may, at its option, either(i)terminate this Agreement by providing written notice to Seller no later than the earlier to occur of (a)the Closing Date and(b)the date that is 180 days' after the occurrence of such casualty or condemnation, in which event this Agreement shall become null and void, Seller and Buyer shall have no further rights, duties, obligations or liabilities under this Agreement, except for obligations which expressly survive termination hereof, and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded, or (ii)proceed to Closing without any reduction in Purchase Price and without Seller having any obligation to perform any repairs to any portion of the Property;provided,that Seller shall assign to Buyer its right,title and interest to all of the insurance proceeds or condemnation proceeds,as applicable,payable with respect to such casualty or condemnation(or,if such have been paid to Seller,Buyer shall receive a credit at Closing equal to the amounts actually received by Seller minus all of Seller's costs and expenses used to perform any repairs to any portion of the Property affected by the casualty or condemnation),in each case,less any reasonable costs incurred by Seller in pursuing such insurance or condemnation proceeds. In the event Buyer fails to timely terminate this Agreement in accordance with clause i of this Section I I(a), then Buyer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section I I(a) and the parties shall proceed to Closing in accordance with clause (ii)of this Section I I(a). (b) Force Majeure. Any failure or delay in performance under this Agreement shall be excused to the extent said failures or delays are proximately caused by an Act of God (e.g., fire, flood, Page 15 of[76] inclement weather,epidemic,pandemic (including,without limitation, COVID-19 or any related disease), or earthquake); war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike,or embargo; governmental acts,orders,or restrictions (except for acts of the City Council of Corpus Christi);or any other reason where failure to perform is beyond the reasonable control and is not caused by the intentional or negligent act or failure to act of the party experiencing the difficulty; provided that, as a condition to the claim of nonliability,the party experiencing the difficulty shall have exercised reasonable efforts to avoid or remedy such force majeure, and shall have given the other party prompt written notice, with reasonable detail, following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. In the event that such force majeure delays performance by more than eighteen (18) months from the date of the initial occurrence of such force majeure event,either party shall have the right to deliver written notice of termination of this Agreement to the other party, whereupon the full Earnest Money shall be returned to Buyer and the parties shall have no further legal obligation to one another, except for those obligations under this Agreement that specifically survive termination. Notwithstanding anything to the contrary contained in this Agreement,this Section I I(b) shall not apply with respect to (i) Buyer's obligation to deliver the Earnest Money, Initial Option Fee or Additional Option Fee (if any) in cash or other good and immediately available funds in accordance with Section 2(b),Lcj, (d) and (e), (ii) Buyer's obligation to deliver the full Purchase Price in cash or other good and immediately available funds to the Title Company at Closing,or(iii)Seller's obligation to deliver the full Purchase Price in cash or other good and immediately available funds to the Title Company in the event of its exercise of the Repurchase Right. The provisions of this Section I I(b) shall be applicable to all post-closing obligations of Seller and Buyer, including, without limitation, the Repurchase Right. This Section I I(b) shall survive the Closing and recording of the Deed. 12. No Broker. All negotiations relative to this Agreement and the purchase and sale of the Property or the conveyance of the Easements as contemplated by and provided for in this Agreement have been conducted by and between Seller and Buyer without the intervention of any person or other party as agent or broker. Seller and Buyer warrant and represent to each other that Seller and Buyer have not entered into any agreement or arrangement and have not received services from any broker or broker's employees or independent contractors which would give rise to any claim of lien or lien against the Property or the Easement Areas,and there are and will be no broker's commissions or fees payable in connection with this Agreement or the purchase and sale of the Property or conveyance of the Easements by reason of their respective dealings, negotiations or communications. This Section 12 shall survive the Closing and recording of the Deed. 13. Default. (a) If Buyer fails to perform any obligation under this Agreement, Seller may, at its option, terminate this Agreement by written notice to Buyer and the Title Company, in which event this Agreement shall become null and void, Seller and Buyer shall have no further rights,duties,obligations or liabilities under this Agreement,except for obligations which expressly survive termination hereof,and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense,if the Memorandum of Option was previously recorded;provided,that so long as Buyer's aforementioned default is not due to Buyer's failure to timely deliver any good and immediately available funds Buyer is required to deliver to Seller or the Title Company under this Agreement, then Seller first shall give Buyer written notice of such default, and Buyer shall have 30 days to cure such default (the "Nonmonetary Default Cure Period"). If Buyer fails to cure such default during the Nonmonetary Default Cure Period,then Seller may, at its option,elect to terminate this Agreement by providing written notice to Buyer and Title Company, in which event this Agreement shall become null and void, Seller and Buyer shall have no further rights, duties, obligations or liabilities under this Agreement, except for obligations which expressly survive termination hereof, and the Title Company shall be irrevocably Page 16 of[76] authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded. In such event,the Title Company shall pay the Earnest Money to Seller, as full and agreed upon liquidated damages, consideration for the execution of this Agreement and in full settlement of all claims. BUYER AND SELLER HEREBY ACKNOWLEDGE AND AGREE THAT SELLER'S DAMAGES IN THE EVENT OF SUCH A BREACH OF THIS AGREEMENT BY BUYER WOULD BE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT THE AMOUNT OF THE EARNEST MONEY IS THE PARTIES' BEST AND MOST ACCURATE ESTIMATE OF THE DAMAGES SELLER WOULD SUFFER IN THE EVENT THE TRANSACTION PROVIDED FOR IN THIS AGREEMENT FAILS TO CLOSE DUE TO BUYER'S DEFAULT, AND THAT SUCH ESTIMATE IS REASONABLE UNDER THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT. (b) If the Closing does not occur due to Seller's failure or refusal to perform its obligations hereunder for any reason other than Buyer's default hereunder, or if Seller otherwise fails to perform its obligations under this Agreement, then Buyer may, at its option, either (i) terminate this Agreement by notice to Seller and the Title Company,in which case (1)the Title Company shall return the Earnest Money to Buyer, (2) this Agreement shall become null and void, (3) Seller and Buyer shall have no further rights, duties, obligations or liabilities under this Agreement, except for obligations which expressly survive termination hereof, (4) the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense,if the Memorandum of Option was previously recorded, and(5) Seller shall pay Buyer's actual and reasonable costs and expenses incurred in connection with this Agreement and for which documentation has been provided to Seller in an amount not to exceed $11,425,000.00, or (ii) seek specific performance as permitted by law; provided, that prior to exercising either of the forgoing remedies,Buyer shall give Seller written notice of such default,and Seller shall have 30 days to cure such default(the "Seller Default Cure Period"). If Seller fails to cure such default during the Seller Default Cure Period, then Buyer may exercise either of the forgoing remedies. As a condition precedent to Buyer exercising any right it may have to bring an action for specific performance under the terms of this Section 13(b),Buyer must commence such an action for specific performance within 180 days after the occurrence of the default by Seller. Buyer agrees that its failure to timely commence such an action for specific performance within such 180-day period shall be deemed a waiver by Buyer of its right to commence such an action. Buyer hereby waives the right to seek consequential or other damages against Seller in connection with this Agreement and any default of Seller hereof. (c) Nothing in this Section 13 shall limit a party's right to enforce any indemnification made in its favor as provided in this Agreement. 14. Notices. Any notice required or permitted to be given hereunder shall be either (i) in writing, sent to the recipient by nationally-recognized overnight delivery service or U.S. registered or certified mail, postage prepaid,return receipt requested or(ii)by electronic mail to the intended addressee at the electronic mail address set forth herein, delivery receipt requested, and accompanied with a hardcopy writing sent by U.S. mail,in each case, addressed as follows: If to Seller Flint Hills Resources Corpus Christi,LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita,Kansas 67220 Email: roger.tennapelkfhr.com Page 17 of[76] With a copy to: Flint Hills Resources Corpus Christi, LLC Attention: Kim Boatright 4111 East 37th Street North Wichita,Kansas 67220 Email: kim.boatri hg_tkfhr.com With a copy to (which Holland&Knight LLP shall not constitute Attn: Eugene Segrest,Esq. notice): One Arts Plaza 1722 Routh Street, Suite 1500 Dallas,Texas 75201 Email: gene.segrest@hklaw.com If to Buyer: City of Corpus Christi,Texas Attn: City Manager 1201 Leopard Street Corpus Christi,Texas 78401 Email: peterzkcctexas.com With a copy to: City of Corpus Christi,Texas Attn: City Attorney 1201 Leopard Street Corpus Christi,Texas 78401 Email: milesrgcctexas.com With a copy to: City of Corpus Christi,Texas Attn: Water Department 2726 Holly Road Corpus Christi,Texas 78415 Email: estebanr2kcctexas.com For all purposes hereunder,any such notice shall be deemed to have been properly given on the earliest of (a) actual receipt,(b)refusal to accept receipt,(c)the same day it is deposited with a nationally-recognized overnight delivery service with all charges prepaid in full, and (d)three Business Days after depositing the same with the U.S. Postal Service,with postage fully prepaid. 15. Assignment. Buyer shall not,without Seller's prior written consent,which may be granted or withheld in Seller's sole discretion, assign or transfer Buyer's rights or obligations hereunder to any person, firm,partnership, corporation or other entity, whether by operation of law or otherwise. Any purported or attempted assignment in breach of the provisions contained in this Section 15 shall be void ab initio, and shall constitute an immediate event of default by Buyer hereunder. 16. Exchange. Seller may assign its rights and obligations under this Agreement to a qualified intermediary in order to effectuate a like-kind exchange of property under Section 1031 of the Internal Revenue Code of 1986, as amended (the "Code"). Buyer agrees to assist and cooperate with the exchanging party in such exchange at no additional cost, expense or liability to Buyer and Buyer further agrees to execute any and all documents as are reasonably necessary in connection with the exchange. No party's obligations Page 18 of[76] hereunder shall be contingent upon the successful achievement of a like-kind exchange under Section 1031 of the Code,no parry shall incur any liability in addition to that imposed under this Agreement as a result of cooperating with an exchanging party, and no party shall be relieved of liability under this Agreement on account of any assignment made in order to effectuate an exchange. 17. Closing Documents. (a) Seller's Closing Deliverables. At the Closing, Seller shall execute and deliver to Buyer,through escrow with the Title Company,the following: (i) the Deed; (ii) the Easement Agreement; (iii) the Escrow Agreement; (iv) the Termination and Release of Repurchase Right; (v) the Development Agreement; (vi) the Reannexation Petition; (vii) a non-foreign affidavit as required under the Code in the form of Exhibit R attached hereto and incorporated herein by this reference,and such accurate statement or affidavit as may be required for purposes of any applicable tax withholding tax law; (viii) a certificate of Seller, dated as of the Closing Date, reaffirming that all representations and warranties of Seller under this Agreement are true, correct and complete as of the Closing Date and that this Agreement, the Development Agreement, and all of the Closing Documents to which Seller is a parry are the legal, valid, and binding obligation of Seller, enforceable against Seller in accordance with their respective terms; (ix) a Seller's Affidavit, in the form of, and on the terms and conditions set forth in,that attached hereto as Exhibit S,with respect to the Property; (x) a closing settlement statement between Seller and Buyer setting forth the Purchase Price and all adjustments thereto (the "Closing Statement"); (xi) such evidence of Seller's authority to sell the Property and grant the Easements as reasonably required by the Title Company; (xii) all other documents reasonably requested by Buyer and the Title Company in connection with Closing. (b) Buyer's Closing Deliverables. At the Closing, Buyer shall execute and deliver to Seller,through escrow with the Title Company,the following: (i) the Deed; (ii) the Easement Agreement; (iii) the Escrow Agreement; Page 19 of[76] (iv) the Reannexation Petition; (v) the Reconveyance Instruments requiring Buyer's signature; (vi) the Reconveyance Reimbursement Agreement; (vii) a legal opinion delivered by Buyer's counsel in the form of, and on the terms and conditions set forth in,that attached hereto as Exhibit T; (viii) such evidence of Buyer's authority to purchase the Property and enter into the Closing Documents to which Buyer is a party as reasonably required by the Title Company; (ix) a certificate of Buyer, dated as of the Closing Date, reaffirming that all representations and warranties of Buyer under this Agreement are true, correct and complete as of the Closing Date and that this Agreement,the Development Agreement, and all of the Closing Documents to which Buyer is a party are the legal,valid, and binding obligation of Buyer, enforceable against Buyer in accordance with their respective terms; (x) the Closing Statement; and (xi) all other documents reasonably requested by Seller or the Title Company in connection with Closing. (c) On or prior to the date that is 30 days after Buyer enters into a construction contract with a general contractor for the construction of the Project(or such longer period as determined by Seller in its reasonable discretion), Buyer shall execute and deliver,or cause to be executed and delivered, a soil management plan by and among Seller,Buyer and the general contractor(such plan,a"Soil Management Plan"), which Soil Management Plan shall (i) be in form and substance attached as Exhibit L, subject to reasonable modifications that may be required by Seller, Buyer and the general contractor in the event of changes in laws,changes in environmental conditions,or particular construction methods proposed by the general contractor, and (ii) describe Buyer's obligations with respect to management, storage and Remediation of soil disturbed on the Easement Areas in connection with Buyer's construction, operation, and maintenance of the Easement Improvements on the Easement Areas and operation of the Project. The obligation of Buyer under this Section 17(c)shall be included in the Easement Agreement and as such shall survive the Closing and recording of the Deed. 18. Seller's Representations and Warranties. Seller hereby represents and warrants to Buyer as follows: (a) Organization and Good Standing. Seller is a limited liability company duly organized,validly existing, and in good standing under the laws of the State of Delaware. (b) Authority. All action on the part of Seller necessary for the authorization, execution,delivery,and performance by Seller of this Agreement and the consummation of the transactions contemplated hereby have been taken. (c) Enforceability. This Agreement is a legal,valid,and binding obligation of Seller, enforceable against Seller in accordance with its terms, except as limited by bankruptcy, insolvency, reorganization,moratorium,or similar laws from time to time in effect that affect creditors'rights generally and by legal and equitable limitations on the availability of specific remedies. Page 20 of[76] (d) Violation of Law. To Seller's knowledge, Seller has received no written notice from any Governmental Body regarding a violation of any applicable law relating to Seller's ownership or operation of the Property which remains uncured. (e) No Litieation. To Seller's knowledge, there are no actions, lawsuits or proceedings affecting Property or any portion thereof,pending or be prosecuted in any court or by or before any Governmental Body. (f) No Purchase Options. To Seller's knowledge,there are no purchase options,right of first refusal,or right of first offer encumbering the Property except for the purchase right set forth in this Agreement. (g) No Conflict. To Seller's knowledge,the execution and delivery by Seller of this Agreement do not conflict with or violate any law,rule,regulation or ordinance applicable to Seller. (h) Indemnity by Seller. Subject to the limitations and other provisions of this Agreement, the representations and warranties contained in this Section 18 shall survive the Closing and shall remain in full force and effect until the first anniversary of the Closing Date. Seller shall defend, indemnify and hold harmless Buyer from and against all Losses/Claims arising from or relating to any inaccuracy in or breach of any of the representations or warranties of Seller contained in this Section 18. The aggregate amount of all Losses/Claims for which Seller shall be liable pursuant to this Section 18 shall not exceed $250,000.00. Whenever any claim shall arise for indemnification hereunder, Buyer shall promptly provide written notice of such claim to Seller. In connection with any claim giving rise to indemnity hereunder resulting from or arising out of any claim, action, suit, proceeding or governmental investigation ("Action")by a person or entity who is not a party to this Agreement, Seller, at its sole cost and expense and upon written notice to Buyer, may assume the defense of any such Action with counsel reasonably satisfactory to Buyer. Buyer shall be entitled to participate in the defense of any such Action, with its counsel and at its own cost and expense. If Seller does not assume the defense of any such Action, Buyer may, but shall not be obligated to, defend against such Action in such manner as it may deem appropriate, including, but not limited to, settling such Action, after giving notice of it to Seller, on such terms as Buyer may deem appropriate and no action taken by Buyer in accordance with such defense and settlement shall relieve Seller of its indemnification obligations herein provided with respect to any damages resulting therefrom. All indemnification payments made by a party under this Agreement shall be treated by the parties as an adjustment to the Purchase Price for tax purposes,unless otherwise required by law. The indemnification rights under this Section 18 shall be Buyer's sole remedy after the Closing Date with respect to a breach of the representations and warranties contained in this Section 18. (i) Seller agrees to promptly notify Buyer of any changes to the representations and warranties set forth above between the Effective Date of this Agreement and the Closing Date.In the event Seller notifies Buyer of any such changes to Seller's representations and warranties set forth in Section 18(d),(e)or(g)due to actions beyond the reasonable control of Seller,Buyer shall have the right,at Buyer's option,within 90 days after receipt of such notice from Seller (but in any event prior to the Closing Date), to either: (i) terminate this Agreement by giving written notice to Seller, in which event this the Earnest Money shall be refunded to Buyer and this Agreement shall become null and void, Seller and Buyer shall have no further rights, duties, obligations or liabilities under this Agreement, except for those obligations that expressly survive termination hereof, and the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option at Buyer's expense, if the Memorandum of Option was previously recorded; or (ii) proceed under the terms of this Agreement, in which event Buyer shall be deemed to have irrevocably accepted such change in the representations and warranties and shall not have the right to object to such changes. Page 21 of[76] 19. Representations and Warranties of Buyer. Buyer hereby represents and warrants to Seller as follows: (a) Authority. All action on the part of Buyer necessary for the authorization, execution, and delivery by Buyer of this Agreement has been taken. Without limiting the generality of the forgoing,this Agreement has been approved by resolution, ordinance or motion duly adopted by the City Council in accordance with all applicable public notice requirements(including,but not limited to,notices required by the Texas Open Meetings Act)and the individual executing this Agreement on behalf of Buyer has been duly authorized to do so. (b) Enforceability. This Agreement is a legal,valid,and binding obligation of Buyer, enforceable against Buyer in accordance with its terms, except as limited by bankruptcy, insolvency, reorganization,moratorium,or similar laws from time to time in effect that affect creditors'rights generally and by legal and equitable limitations on the availability of specific remedies. (c) No Conflict. The execution and delivery by Buyer of this Agreement do not conflict with or violate any law,rule,regulation or ordinance applicable to Buyer. This Section 19 shall survive the Closing and recording of the Deed or earlier termination of this Agreement. 20. Conditions of Seller's Obligations. Seller's obligation to consummate the sale of the Property and conveyance of the Easements on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, any one or more of which may be waived in writing by Seller,in whole or in part,on or as of the Closing Date: (a) The representations and warranties of Buyer in this Agreement(and the substantive facts contained in any representations and warranties limited to Buyer's knowledge and belief)shall be true and correct,and certified by Buyer to Seller as such,on and as of the Closing Date,in the same manner and with the same effect as though such representations and warranties had been made on and as of the Closing Date; (b) Buyer shall have delivered to the Title Company complete, originally executed Closing Documents to which Buyer is a party; (c) Buyer shall have delivered the Purchase Price to the Title Company in cash or other immediately available funds, and Buyer shall unconditionally authorize the Title Company to release the Purchase Price to Seller upon satisfaction of the Conditions of Buyer's Obligations; and (d) Neither Seller nor Buyer shall have terminated this Agreement pursuant to an express right to terminate set forth in this Agreement. If any of the conditions described in clauses (a), (b) or(c) have not been satisfied or performed by Buyer or waived in writing by Seller on or as of the Closing, Seller shall have the right to exercise such rights and remedies as may be provided in Section 13 of this Agreement. Page 22 of[76] 21. Conditions of Buyer's Obligations. Buyer's obligation to consummate the purchase of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions,any one or more of which may be waived in writing by Buyer,in whole or in part,on or as of the Closing Date: (a) The representations and warranties of Seller in this Agreement(and the substantive facts contained in any representations and warranties limited to Seller's knowledge and belief)shall be true and correct, and certified by Seller to Buyer as such, on and as of the Closing Date (subject to update as provided in Section 18(1)),in the same manner and with the same effect as though such representations and warranties had been made on and as of the Closing Date; (b) Seller shall have delivered to the Title Company complete, originally executed Closing Documents to which Seller is a party; and (c) Neither Buyer nor Seller shall have terminated this Agreement pursuant to an express right to terminate set forth in this Agreement. If any of the conditions described above have not been satisfied or performed by Seller or waived in writing by Buyer on or as of the Closing Date, Buyer shall have the right to exercise such rights and remedies as are provided in Section 13 of this Agreement,subject to the qualifications provided in Sections 18(i)of this Agreement. 22. Complete Agreement. This Agreement, including all ancillary agreements between the parties entered into after the Effective Date pursuant to the terms hereof,contains the entire agreement of the parties hereto with respect to the matters contained herein and supersedes any and all prior and contemporaneous discussions, negotiations and agreements (whether oral or written)with respect to the matters contained herein. There are no representations, inducements or other provisions other than those expressed in writing in this Agreement (if any). Any amendments, modifications, changes, additions, or deletions hereto must be in writing and signed by all parties hereto. 23. Times is of the Essence; Dates. Time is of the essence of this Agreement. Anywhere a date certain is stated for payment or for performance of any obligation,the day certain so stated enters into and becomes a part of the consideration for this Agreement. If any date set forth in this Agreement shall fall on,or any time period set forth in this Agreement shall expire on, a day which is a Saturday, Sunday or federal or state holiday, such date shall automatically be extended to,and the expiration of such time period shall automatically be extended to,the next day which is not a Saturday, Sunday or federal or state holiday. The final day of any time period under this Agreement or any deadline under this Agreement shall be the specified day or date, and shall include the period of time through and including such specified day or date. Any day which is not a Saturday, Sunday or federal or state holiday is herein sometimes called a"Business Day". 24. Recordation of Memorandum of Option. Simultaneously with the execution of this Agreement,Buyer and Seller agree to execute and deliver to Title Company (1) a Memorandum of Option in the form attached Exhibit U hereto and made a part hereof(the "Memorandum of Option") and (11) a termination of Memorandum of Option in the form attached as Exhibit V hereto and made a part hereof(the "Termination of Memorandum of Option"). Page 23 of[76] Upon the Title Company's confirmation to Seller that Buyer has deposited the Initial Option Fee and Earnest Money with Title Company in accordance with Section 2,the Title Company is instructed to record such Memorandum of Option in the official public records of Nueces County, Texas at Buyer's sole cost and expense. In the event this Agreement is terminated for any reason, the Title Company shall be irrevocably authorized to record the Termination of Memorandum of Option in the official public records of Nueces County, Texas at Buyer's sole cost and expense. This Section 24 shall survive the termination of this Agreement. 25. Miscellaneous. Whenever used in this Agreement,the singular shall include the plural,the plural shall include the singular, and the use of any gender shall be applicable to all genders. Article and Section headings are inserted for convenience only and do not form a part of the substantive provisions of this Agreement. Each and every exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full and at length every time it is referred to or otherwise mentioned. For avoidance of doubt and notwithstanding anything to the contrary contained in this Agreement (or any exhibits or addenda hereto),the parties agree that the term"shall"as used in this Agreement(or any exhibits or addenda hereto) will not be construed as permissive, but as absolute, imperative and/or mandatory. Capitalized terms used in this Agreement shall have the meanings ascribed to them at the point where first defined,irrespective of where their use occurs,with the same effect as if the definitions of such terms were set forth in full and at length every time such terms are used. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. Except as otherwise provided in Section 3(e) of this Agreement, the provisions of this Agreement are not intended to benefit any third party who is not a party hereto. If any provision of this Agreement, or the application thereof to any person, entity, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void in any respect, the remainder of this Agreement and such provisions as applied to other persons,entities,places and circumstances shall remain in full force and effect. Notwithstanding any decisional law to the contrary, this Agreement may be executed by exchange of signed counterparts of this Agreement with all exhibits attached by facsimile or e-mailed PDF followed by delivery of the originals and shall be considered executed and binding upon receipt of the fax or e-mailed PDF of such signed counterpart of the last party to sign this Agreement. THIS AGREEMENT, AND ALL THE RIGHTS OF THE PARTIES SHALL BE GOVERNED AS TO THE VALIDITY, INTERPRETATION, CONSTRUCTION, ENFORCEMENT AND IN ALL OTHER RESPECTS BY THE LAW OF THE STATE OF TEXAS (the "State"), WITHOUT REGARD TO ITS RULES AND PRINCIPLES REGARDING CONFLICTS OF LAWS OR ANY RULE OR CANON OF CONSTRUCTION WHICH INTERPRETS AGREEMENTS AGAINST THE DRAFTSMAN. Except for the obligations that are expressly stated herein to survive the Closing,this Agreement shall not survive the Closing, and shall instead merge into the Deed executed and delivered by Seller to Buyer at the Closing. 26. Binding Effect; Waiver of Sovereign Immunity from Liability and Suit; Further Assurances; Venue. (a) Binding Effect. Submission of drafts of this Agreement (or mark-ups of drafts) by one party to another shall not be deemed to be an offer to purchase or sell(as the case may be), and this Agreement shall be binding,if at all,only at such time as both Seller and Buyer have signed and delivered to the other at least one (1)counterpart of this Agreement with all exhibits attached. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. Page 24 of[76] (b) BUYER'S VOLUNTARY WAIVER OF SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE CONTRARY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 271.151, ET. SEQ., AND TEXAS LOCAL GOVERNMENT CODE SECTION 212.172(1), BUYER HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT IN ANY LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS BETWEEN SELLER AN BUYER WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT AND ANY AGREEMENT ENTERED INTO IN CONNECTION HEREWITH OR WITH THE CLOSING. BUYER ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION AND VENUE BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS AGREEMENT AND ALL ANCILLARY AGREEMENTS RELATED HERETO AND BINDS ITSELF TO THE TERMS OF THIS AGREEMENT AND SUCH ANCILLARY AGREEMENTS IN ALL RESPECTS. To the extent permitted by applicable law,Buyer further waives and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar,limit,or otherwise affect the ability of Seller to enforce this Agreement, the Escrow Agreement and the Project Documents. The provisions of this Section 26(b) shall be included in the Deed and other instruments that survive Closing and shall survive the earlier termination of this Agreement. (c) Further Assurances. Seller and Buyer each agree that it will without further consideration execute and deliver such other documents and take such other action as may be reasonably requested by the other party to consummate more effectively the transactions and the waivers contemplated hereby,the Escrow Agreement or any of the Project Agreements. (d) Venue. Seller and Buyer hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Agreement to the jurisdiction of any State court of appropriate jurisdiction or any United States federal court sitting in the county in which the Property is located. Seller and Buyer hereby irrevocably waive any objection that Seller or Buyer may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Seller and Buyer consent to any methods of service of process provided for under applicable laws. (e) JURY WAIVER. IT IS MUTUALLY AGREED BY AND BETWEEN SELLER AND BUYER THAT THE RESPECTIVE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF THIS AGREEMENT. The provisions of this Section 26 shall survive Closing and delivery and recording of the Deed or earlier termination of this Agreement. 27. Waiver of Special Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR AT LAW OR IN EQUITY, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR PUNITIVE, SPECIAL,INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, LOSS OF USE, DIMINUTION IN VALUE,AND BUSINESS INTERRUPTION)HOWEVER CAUSED,UNDER ANY THEORY OF LIABILITY, ARISING FROM OR RELATING TO ANY CLAIM MADE UNDER THIS AGREEMENT. THE FOREGOING WILL NOT, OF ITSELF, LIMIT EITHER PARTY'S OBLIGATIONS WITH RESPECT TO PAYMENT OF DAMAGES OF ANY KIND INCLUDED IN AN Page 25 of[76] AWARD OR SETTLEMENT OF A THIRD-PARTY CLAIM UNDER ANY INDEMNITY IN THIS AGREEMENT. The provisions of this Section 27 shall survive Closing and delivery and recording of the Deed or earlier termination of this Agreement. 28. Title Insurance Remedy. With respect to any claim which would be related to any warranty contained in the Deed, Buyer shall first use its commercially reasonable efforts to recover any losses pertaining to such claim from any title insurance policy issued to Buyer with respect to the Property and shall diligently prosecute such claim (and the satisfaction thereof)with the insurer in lieu of pursuing a claim against any such warranty contained in the Deed. In furtherance of this Section 28, Buyer covenants and agrees to purchase a title insurance policy with respect to the Property and Easements at Closing. The provisions of this Section 28 shall survive Closing and delivery and recording of the Deed. 29. Confidentiality. Buyer agrees that, except as otherwise provided herein or required by law(including Chapter 552 of the Texas Government Code)and except for the exercise by Buyer of any remedy hereunder,Buyer shall (a) keep confidential any Review Documents marked "CONFIDENTIAL" and other confidential or proprietary information regarding Seller, the Seller's Affiliates or any of the Property provided by Seller marked "CONFIDENTIAL", (b) not disclose any such documents and information to anyone other than Buyer's agents, employees, contractors, consultants, or attorneys, lenders (if any) and title company personnel, with a need to know such information in connection with Buyer's review and investigation of the Property, provided that Buyer shall inform all persons receiving such information from Buyer of the confidentiality obligations set forth in this Section 29 and,to the extent within Buyer's control,cause such confidence to be maintained,(c)pursuant to Section 552.1101 of the Texas Government Code,not disclose any documents or correspondence between Buyer and Seller that include proprietary business information of Seller or Seller's Affiliates,and(d)in the event of the termination of this Agreement prior to the Closing, return to Seller promptly upon request all copies of documents and materials supplied by Seller. Notwithstanding the generality of the forgoing, if Buyer receives a public information request to disclose confidential business information or other legally protected information of Seller that is marked "CONFIDENTIAL", it will promptly, as required by statute,notify Seller and afford it an opportunity to oppose disclosure of that confidential business information or other protected information before the Attorney General of Texas and the courts of the State. Disclosure of information by Buyer shall not be prohibited if that disclosure is of information that is or becomes a matter of public record or public knowledge as a result of the Closing of this transaction or from sources other than Buyer or its agents, employees, contractors, consultants, or attorneys. This Section 29 shall survive the termination of this Agreement with respect to information that has been provided by Seller or Seller's Affiliates that is clearly marked "CONFIDENTIAL." 30. Right to Counsel; No Presumption Against Drafter. SELLER AND BUYER EXPRESSLY ACKNOWLEDGE AND AGREE THAT EACH PARTY HAS HAD AMPLE OPPORTUNITY TO EMPLOY COUNSEL TO REPRESENT IT IN CONNECTION WITH THE NEGOTIATION OF THIS AGREEMENT AND THE CLOSING CONTEMPLATED HEREIN. EACH PARTY MAY OR MAY NOT EMPLOY COUNSEL AT ITS ELECTION. FURTHERMORE, EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY'S IN-HOUSE COUNSEL (AND OUTSIDE COUNSEL, WHERE APPLICABLE) REPRESENT SUCH PARTY'S INTERESTS ONLY, THAT NO ATTORNEY-CLIENT RELATIONSHIP HAS BEEN CREATED BETWEEN SUCH COUNSEL AND THE OTHER PARTY, AND SUCH COUNSEL HAS NO Page 26 of[76] FIDUCIARY DUTY TO THE OTHER PARTY. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party drafting this document. 31. Provision of Water to Seller. Upon Buyer's completion of the Project and upon Seller's request,Buyer shall make the following available to Seller: (i)potable water at the same rates provided to other industrial users and(ii)pre-potable water from the Project (i.e., water that has been desalinated but prior to such water becoming potable) at rates reasonably determined by Buyer in compliance with all applicable regulatory provisions, provided that Seller shall reimburse Buyer for any reasonable and documented out-of-pocket costs directly attributable to Buyer obtaining any necessary additional permits or permit amendments that may be required for the pre-potable water sales described in this clause (ii). 32. Reservation of Mineral Rights and Mineral Leases. The purchase and sale and the conveyance contemplated hereby shall exclude the Excluded Water and Minerals. Buyer hereby acknowledges and agrees that other mineral rights (apart from the Excluded Water and Minerals)may have been previously retained by and reserved unto prior owner or owners of the Property, or their respective successors and assigns. Buyer hereby acknowledges and agrees that the Property may be subject to one or more oil,gas and/or other types of mineral leases(the "Mineral Leases"), which may or may not be of record; that prior owner(s)may have retained all right,title and interest in and to said Mineral Leases and royalties due thereunder; and that said Mineral Leases shall be deemed to be Permitted Exceptions. Buyer further acknowledges and agrees that prior owner(s)of the Property may have reserved all rights, privileges and easements for access to such minerals, including without limitation,the right to disturb the surface of the Property to access or extract minerals and an easement for access,ingress and egress on, over and through the Property to exercise the rights to minerals, the Mineral Leases and easements reserved in this Section 32. Furthermore, prior owners may have reserved the right to execute and deliver new oil, gas and/or other mineral leases affecting the Property in the future. Buyer, for itself and Buyer's Affiliates,hereby waives any claims against the Released Parties arising out of or relating to any prior reservations of mineral rights and the Mineral Leases. 33. Texas Provisions. (a) Water Code Notice. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area,which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period,if any,that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property."The real property is described in Section I of this Agreement. (b) Utility Notice. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness,or standby fees of the district before final execution of this contract. Page 27 of[76] 34. Survival of Obheations. The specific sections of this Agreement that survive Closing and recording of the Deed or earlier termination of this Agreement are: Section 3 (Limitation on Representations and Warranties; Assumption and Release); Section 4 (Disannexation; Development Agreement; Right of Repurchase); Section 5 (Option Period); Section 9(b) (Apportionment of Taxes and other Closing Costs); Section 10 (Utilities/Certain Permits); Section I I(b) (Force Majeure); Section 12 (No Broker); Section 18 (Representations and Warranties of Seller); Section 19 (Representations and Warranties of Buyer); Section 24 (Recordation of Memorandum of Option); Section 26 (Binding Effect; Waiver of Sovereign Immunity; Further Assurances; and Venue); Section 27 (Waiver of Special Damages); Section 28 (Title Insurance Remedy);and Section 29(Confidentiality).To the extent any such obligations are not included in a recorded instrument that runs with the land, such obligations shall continue to be enforceable for a period of four year following the later to occur of(i)the termination of this Agreement, (ii)the Closing Date,or(iii) the date performance of such activity is required, but in any event within ten years from the date of this Agreement,whereupon such obligations shall cease to be enforceable pursuant to this Agreement. Nothing herein shall limit the continued enforceability of provisions outside this Agreement. [Signature Pages Follow] Page 28 of[76] IN WITNESS WHEREOF,the parties hereto have set their hands as of the day and year indicated next to their signatures. SELLER: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company By: Name: Title: BUYER: CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality By: Name: Jeff H. Edmonds,P.E. Title: Director of Engineering Services APPROVED AS TO LEGAL FORM This day of 12022 By: Miles Risley, City Attorney Page 29 of[76] ACKNOWLEDGMENT OF RECEIPT OF EARNEST MONEY BY TITLE COMPANY The Title Company hereby acknowledges receipt of the Earnest Money from Buyer in the amount of$500.00 on the day of 12022. San Jacinto Title Services of Texas,LLC By: Name: Title: Page 30 of[76] EXHIBIT A DEFINITIONS Definitions. Capitalized terms used in this Agreement and not otherwise defined herein have the meanings set forth below: Affiliates: With respect to any Person,any other Person directly or indirectly Controlling or Controlled by or under direct or indirect common Control with such Person. Closing Documents: All documents delivered or required to be delivered by Seller and/or Buyer at Closing pursuant to Section 17 of this Agreement. Control: The possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities or general partnership or managing member interests,by contract or otherwise. "Controlling"and"Controlled"shall have correlative meanings. Without limiting the generality of the foregoing, a Person shall be deemed to Control any other Person in which it owns,directly or indirectly, a majority of the ownership interests. Environment: Any surface water, groundwater, drinking water supply, soil, sediments, ground surface, subsurface strata or ambient air. Environmental Condition(s): Any circumstance or set of circumstances in, on, under or about the Property or surrounding properties that arise directly or indirectly out of or related to the presence,suspected presence,release or threatened release of any Hazardous Material. Environmental Laws: Any and all Legal Requirements or Orders, rules, codes, policies, directives, standards, licenses, or permits of any Governmental Body relating to the Environment (as each and all of the foregoing may be amended from time to time), including, without limitation, those relating to the exposure to,use,Release,emission,presence, storage,treatment,generation,transportation,processing,or handling of Hazardous Materials, or solid or other waste previously, presently or hereafter in effect, including the Safe Drinking Water Act, 42 U.S.C. § 300f et seq.; the Federal Insecticide, Fungicide & Rodenticide Act, 7 U.S.C. § 136 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Oil Pollution Act of 1990, 33 U.S.C. § 2701 et seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.;the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C. § 9601 et seq.; and the Emergency Planning and Community Right to Know Act,42 U.S.C. § 11001 et seq.; and all similar statutes adopted by the State of Texas and/or any other Governmental Body; and any and all implementing regulations relating to any of the foregoing. Governmental Body: Any (a) nation, state, county, city, town, village, district, territory, or other jurisdiction of any nature; (b) federal, state, local, municipal, foreign, or other government; (c) governmental authority of any nature (including, without limitation, any governmental agency, branch, department,official,or entity and any court or other tribunal);or(d)body exercising,or entitled to exercise, any administrative, executive,judicial, legislative, police, regulatory, or taxing authority or power of any nature. Hazardous Material: Any"hazardous waste", "hazardous substance", "extremely hazardous substance", "toxic chemical", "hazardous chemical', "toxic pollutants", "contaminants", "chemical', "chemical substance", "mold" or "asbestos", including without limitation any petroleum product, lead based paint, asbestos containing material or polychlorinated biphenyl, as such terms are defined in any of the Page 31 of[76] Environmental Laws, or related substances, in such quantities or concentrations as are regulated by such Environmental Laws or other applicable laws, or which may be declared to constitute a material threat to human health or to the Environment; provided, that seawater, water and constituents thereof shall not be considered Hazardous Material. Legal Requirement: Any order, constitution, law, ordinance,regulation, statute, or treaty issued by any federal, state,local,municipal, foreign,international,multinational, administrative or other Governmental Body, any principle of common law or governmental interpretation thereof. Losses/Claims: Any and all claims,demands, administrative orders,causes of action(including causes of action in tort),remedial actions,losses, damages, liabilities,judgments, settlements, penalties, fines, costs and expenses (including attorneys' fees and court costs actually incurred) of any and every kind or character,known or unknown,whether based upon negligence, strict liability or otherwise. Order: Any award, decision, injunction,judgment, decree, order, ruling, subpoena, or verdict entered, issued, made, or rendered by any court, administrative agency, or other Governmental Body or by any arbitrator. Person: An individual,partnership,joint venture,limited liability company, association,corporation,trust or any other legal entity. Release or Released: Any spilling,leaking,pumping,pouring,emitting,emptying,discharging,injecting, escaping, leaching, dumping, migrating, or disposing (including, without limitation, the abandoning or discarding of barrels, containers and other closed receptacles containing any Hazardous Material) of a substance into the Environment. Released Parties: Seller, Seller's Affiliates,and their respective partners, shareholders,members,officers, agents,employees or representatives. Remediation: The investigation or remediation of soil, sediments, groundwater or surface water to industrial standards in order to address Releases of Hazardous Materials into such soils, sediments, groundwater or surface water,which may include,without limitation,risk-based remedies and engineering and institutional controls in addition to or in lieu of active cleanup if such measures are sufficient to achieve compliance with requirements of applicable Environmental Laws effective as of the Closing. TCEQ: Texas Commission on Environmental Quality and any successor entity thereof. Page 32 of[76] EXHIBIT B LEGAL DESCRIPTION FOR LAND' Lots One A(IA),Two (2),Three (3)and the South One-Half(S '/2)Lots Four(4)and Five (5),Block One (1), SUNSET PLACE, a subdivision of the City of Corpus Christi,Nueces County,Texas, as shown by the map or plat thereof recorded in Volume 4,Page 25,Map Records of Nueces County,Texas. North 86.75' of Lot Four(4),Block One (1), SUNSET PLACE, a subdivision of the City of Corpus Christi,Nueces County,Texas, as shown by the map or plat thereof recorded in Volume 4,Page 25,Map Records of Nueces County,Texas. North 90.03' of Lot Five (5),Block One (1), SUNSET PLACE, a subdivision of the City of Corpus Christi,Nueces County,Texas, as shown by the map or plat thereof recorded in Volume 4,Page 25,Map Records of Nueces County,Texas. Lots One (1)through Twenty(20),inclusive,Block Two (2), SUNSET PLACE,a subdivision of the City of Corpus Christi,Nueces County,Texas, as shown by the map or plat thereof recorded in Volume 4, Page 25,Map Records of Nueces County,Texas. Lots One (1)through Sixteen (16),inclusive,Block Ten (10),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6, Map Records of Nueces County,Texas. Lots Seventeen A(17A)and Eighteen A(18A),Block Ten (10),REPLAT OF NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 24,Page 76,Map Records of Nueces County,Texas. Lots Nineteen(19)through Twenty-six(26),inclusive,Block Ten (10),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots Four(4)through Twelve (12),inclusive, and Sixteen (16)through Eighteen(18),inclusive,Block Ten(10),HILLCREST ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Pages 29 and 30,Map Records of Nueces County,Texas An approximately 34.5-foot portion of Lots Thirteen(13)through Fifteen(15),inclusive,Block Ten(10), HILLCREST ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Pages 29 and 30,Map Records of Nueces County,Texas South One Hundred Feet(S 100')of Lots One (1)through Four(4),inclusive,Block Eleven(11), NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. North Fifty Feet(N 50')of Lots One (1)through Four(4),inclusive, and all of Lots Twenty-three (23) through Twenty-Six(26),inclusive,Block Eleven(11),NUECES BAY HEIGHTS ADDITION, an 'NTD: LEGAL DESCRIPTION REMAINS SUBJECT TO FHR ONGOING REVIEW AND CONFIRMATION. Page 33 of[76] Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots Fifteen(15)through Twenty(20),inclusive, and the North 50 feet of Lots Seven(7) and Eight(8), Block Eleven (11),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi, Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County, Texas. Lots Twenty-one (2 1) and Twenty-two (22), and the North 50 feet of Lots Five (5) and Six(6),Block Eleven (11),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. North Seven Feet(N 7')of the East 100 feet(E 100')of Lot Ten(10) and all of Lots Eleven and Twelve (12),except for the west forty-five feet(W 45'),Block Eleven(11),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. East One Hundred Feet(E 100')of Lot Nine (9) and Lot Ten(10),Block Eleven(11),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots One (1)through Eleven(11),inclusive,Block Twelve (12),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3, Page 6,Map Records of Nueces County,Texas. Lots Fifteen(15)through Twenty-eight(28),inclusive,Block Twelve (12),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots Three (3) and Four(4),Block Thirteen (13),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. The South 110 feet of Lots Seven(7)and Eight(8),Block Thirteen(13),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots Nine (9) and Ten(10),Block Thirteen (13),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. The North Twenty-Three feet(23')of Lot Eleven(11) and all of Lot Twelve (12),Block Thirteen(13), NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Lots Thirteen (13)through Twenty-eight(28),inclusive,Block Thirteen(13),NUECES BAY HEIGHTS ADDITION, an Addition to the City of Corpus Christi,Texas shown by map or plat thereof recorded in Volume 3,Page 6,Map Records of Nueces County,Texas. Page 34 of[76] EXHIBIT C LEGAL DESCRIPTION FOR SELLER RETAINED LAND [To be attached] Page 35 of[76] EXHIBIT D-1 LOCATION OF PIPELINE EASEMENT RNr f'R[P t�Efi 7NFNTRATE FITS ' �NdU r ch°oPPELINE Iqc d NORTH BANK LARGE AREA wr_- L ryep (KtRgv MARINE) N4 �� DOCK 12 p'Pec;..�' �°�vr`ea, 52 ft dee ---CORPUS CHf215T1 TURNING BASIN CROS t za r °sPRpF'QSED 2-�EAGI+ATER PIPEUNE E 5PORAY P !I rtTGO V-D. 8 H1< EN7 — 15 _14 $.. 7i Q D 1 r f �! q • 'SEAWATER PIPE>_iNE A, i J PROPOSED PERMANENT f� PIPELINE EASEMENT lr Page 36 of[76] EXHIBIT D-2 LOCATION OF SUBMERGED LAND EASEMENT Pit` L 2 N 4 � $]�A� u F ,�r r 7E .:,.F ,En rh 4 i�74.fir C1orK42. C����S CHRISTI TURNING��� DldlsIN Carr 00 A 3 r i • :���� ��`/� /Imo.,: .� �.a �,` Page 37 of[76] EXHIBIT D-3 LOCATION OF INTAKE PUMP STATION EASEMENT N ° + 144 - �F NORTH SANK FARGF AREA (k1REY MARINE) _ �4N44 Orin? CORPUS CHRISTI TURNING BASIN !J � 14 � Axa, • Page 38 of[76] EXHIBIT D-4 LOCATION OF ACCESS EASEMENT T 4Q�,ff NORTH BANK 6ARGE AREA aG "c. (KIRBY MARINE) L'ARGC1 P�' Np`Lfo DOCK 12 . 52 ft deep)_--CORPUS CHRISTI TURNING BASIN CRo ���� PROPOSEC. A::vEsc F'A IVFNT CITGO 0.0. -- h:r�s 14 „T19 r U �► i 17V1 - / LV-_NI y� Page 39 of[76] EXHIBIT D-5 LOCATION OF CONSTRUCTION/MAINTENANCE EASEMENT The easements depicted in yellow below: STR 11CTURE• '£HIGH ONE..54"CO,1-_.1 tiATE 3&000 F) �C PIPELINE I:E E`...; INTr E N"RI!I BANK eulf A�-A_ E-.`.:E E',T TRIJ S F (K14 UBMERGED SEAWATER PIPELINE EASEMENT I .0141 SF 2 TWO 54'PCONSIDERING PIPELINES T V T '. ,'.,• F r _.I SUBMERGED CONCENTFLATE 3D'WIDE ACCESS PIPELINE EASEMENT IS ` , EASEMENT[1,592 SF']. 14,040 SF'CONSIDER1NG �� V ... THIS AREA OVERLAPS I''.T-1 E ONE 54''PIPELINE WITH THE TER@PORARY ..T.-TI F TWD 54"SEAWATER IPS EA^a EMENT. . . PIPELINES - ©� .� 55r WI DE TEMPORARY PIPELI NE. I ,4,LI.Ij — r EASEMENT{104,894 SF'] 12 '\ . _ 54'CONCENTRATE CONCENTRATE P1PELINE - -� IPS 180'k 9D'INTAN(E PUMP STATION 211 WIDE ACCESS EASEMENT(36,111 SF)-THIS INCLUDES � _ _, FOOTPRINT'AN OVERLAPPING DVERLAPPtlNG AREA OF 1,119 SF'WITH TEMPORARY —. PIPELINE EASEMENT,9010 SF'WITH PERMANENT'PI PELINE �a CITGO REF EASEMENT AND 955 SF WITH TEMPORARY IPS EASEMENT. OK EASEMEN-fCONSTRUCTION[ SF] \ + IPS 400'X i �4` �• �`"- TEMPORARY , �' 200'X 300'PERIMANENT PARCEL(BO,Cgq SFJ N�C ALREADY OWNED BY ---- - CITYOFC.C. M - 'F '•I.-TEE-. +E<� a- • ;._.. F FFE E r E- E TxE .I R C AIR • \� IIE E E� E T T-r L E In'.. NTIDgT]RI,G ,$ TWO 54 SEAWATER PIPELINES JJJ '1 1 e.EEr FE 'EEE' EE-1 I-E �¶-� . DESAL PLANT SITE h'f� 4°"d'E F E:UJA`JENT PIPELINE �, ilE II HE• IFI F E TE illi TNI E-.e•E•.T r LLL icME.NT(80,247 5F) E E IE F iXE L'ER F iXE I E (. E I E N ^V µ Eu�EE n a[ U � PROPOSED SUBSTAIDN AREA E: 'Im es s - sT r Page 40 of[76] EXHIBIT D-6 LOCATION OF TEMPORARY SOIL STORAGE EASEMENT [To be identified during the Total Option Period] Page 41 of[76] EXHIBIT E FORM OF EASEMENT AGREEMENT [To be attached] Page 42 of[76] EXHIBIT F FORM OF ADDITIONAL OPTION PERIOD NOTICE [Insert Date of Notice] BY EMAIL AND FEDERAL EXPRESS Re: Purchase and Sale Agreement, dated as of , 2022, by and between FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("Seller"), and the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality ("Buyer") (as amended from time to time,the "Aereement") Ladies and Gentlemen: Pursuant to Section 2(d) of the Agreement,this letter constitutes Buyer's notice to Seller of its election to extend the Total Option Period by the Additional Option Period described below: TERM OF ADDITIONAL OPTION PERIOD (select one): One Year Two Years REASON FOR EXTENSION OF TOTAL OPTION PERIOD BY ADDITIONAL OPTION PERIOD (select all applicable reasons): Buyer has not received the following Required Permit(s) (describe): The following Required Permit(s) [is/are] subject appeal in a court of appropriate jurisdiction or [is/are] involved in an appeal thereof (describe): Buyer acknowledges and agrees that it will deposit within five Business Days after the date of this letter the applicable NONREFUNDABLE Additional Option Fee with Seller as required pursuant to Section 2(d) of the Agreement. By its signature below,Buyer hereby acknowledges and agrees that there are no further options to extend the Total Option Period under the Agreement. Sincerely, [INSERT BUYER'S SIGNATURE BLOCK] Page 43 of[76] EXHIBIT G FORM OF DEVELOPMENT AGREEMENT [To be attached] Page 44 of[76] EXHIBIT H FORM OF DEED SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("Grantor"), whose address is for and in consideration of the sum of $10.00 paid to Grantor by the CITY OF CORPUS CHRISTI, TEXAS "Grantee"), whose address is , and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee,that certain land situated in the County of Nueces, State of Texas(the "State"),described on Exhibit A attached hereto and made a part hereof,together with all right, title and interest of Grantor in and to all benefits, privileges, easements, tenements, hereditaments, and appurtenances thereon or appertaining thereto, and together with all right,title, and interest of Grantor in and to adjacent streets, alleys, and rights-of-way located thereon(the "Property"). For the same consideration, Grantor has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto Grantee, without warranty, express or implied, all interest of Grantor, if any, in (1) strips and gores, if any, between the Property and any abutting properties, whether owned or claimed by deed, limitations, or otherwise, and whether located inside or outside the Property; and(2)any land lying in or under the bed of any creek, stream,or waterway or any highway, avenue, street, road, alley, easement or right-of-way, open or proposed, in, or across, abutting or adjacent to the Property. SAVE AND EXCEPT: and there is hereby reserved unto Grantor,Grantor's successors and assigns, all of Grantor's interest in (i) any and all water, oil, gas, hydrocarbons and other minerals of whatever kind or nature under or within the Property owned by Grantor, (ii) all royalties, benefits, bonuses, rents, funds, claims and other proceeds of any kind attributable to or that may accrue in connection with any water,oil, gas, and other minerals in,under and under and that may be produced from the Property, and (iii) any and all rights and improvements associated with such water oil, gas, hydrocarbons or other minerals and all rights pertaining thereto. Notwithstanding the forgoing, Grantor does not reserve or retain any implied rights of ingress, egress or of reasonable use of the Property for mining, drilling, exploring, operating, developing, or removing water, oil, gas, hydrocarbons and other minerals of whatever kind or nature. Grantor hereby forever waives and relinquishes any and all rights to use any portion of the surface of the Property for any use whatsoever including, without limitation, any operations in connection with the exploration, development and production of water, oil, gas,hydrocarbons and other minerals of whatever kind or nature (the "Surface Waiver"). The Surface Waiver shall not restrict Grantor from extracting water,oil,gas,hydrocarbons and other minerals by means of pooling,directional drilling or other methods that do not require utilization of the surface of the Property so long as such activities do not cause any interference with the surface of the Property through subsidence,expansion,or any other shifting. This conveyance is being made by Grantor and accepted by Grantee subject only to those certain title exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes, but only to the extent that such exceptions are valid, existing, and, in fact, affect the Property (the "Permitted Exceptions"). Page 45 of[76] TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions,unto Grantee and Grantee's successors and assigns forever;and Grantor does hereby bind itself and its successors to warrant and forever defend the Property unto Grantee and Grantee's heirs, 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. THE PROPERTY IS BEING SOLD, "AS-IS," "WHERE-IS," WITH ALL FAULTS AND DEFECTS,WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION (PHYSICAL OR OTHERWISE), FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY,OR ANY OTHER WARRANTY,EXPRESS OR IMPLIED,EXCEPT FOR THE SPECIAL WARRANTY OF TITLE SET FORTH ABOVE. GRANTEE ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY BASED SOLELY UPON GRANTEE'S OWN INDEPENDENT INVESTIGATIONS AND FINDINGS AND NOT IN RELIANCE UPON ANY INFORMATION PROVIDED BY GRANTOR OR GRANTOR'S AGENTS OR CONTRACTORS. USE RESTRICTIONS. In addition to the Permitted Exceptions, the conveyance evidenced hereby is made subject to the following express use restrictions: (1) the Property shall be used solely for Commercial/Industrial Purposes (as hereinafter defined) (which shall include, for the avoidance of doubt, but not be limited to, the Project (as hereinafter defined)); and (2) no underground storage tanks shall be installed except and to the extent such tanks are used only for storage of water or storage of components necessary for any desalination water facilities constructed on the Property (collectively, the "Use Restrictions"). Without prejudice to any other rights or remedies of Grantor, Grantee acknowledges and agrees that monetary damages would not be an adequate remedy for any breach of the Use Restrictions and that, in addition to its other remedies, Grantor shall be entitled to the remedies of injunction, specific performance and other equitable relief for any threatened or actual breach hereof. All such remedies shall be cumulative. The foregoing Use Restrictions shall run with title to the Property herein described and shall inure to the benefit of Grantor,its successors and assigns, and shall be binding upon Grantee, and its successors and assigns,and any persons hereafter acquiring any interest in the Property as owner,tenant or otherwise. As used herein, "Commercial/Industrial Purposes" means any purpose consistent with the definition of "Commercial/industrial land use" as defined under Section 350.4(a)(13) of the Texas Administrative Code (as in effect as of the Effective Date), and which purpose excludes, for the avoidance of doubt, human habitation and any purpose with a similar potential for human exposure as in residential land. As used herein, the "Project" means the construction, operation, and maintenance of a facility designed for the desalination of saltwater,potable water production,and the storage and transport of potable water in connection therewith. REPURCHASE RIGHT. Grantor will have the right, but not the obligation, to repurchase all of the Property from Grantee for the purchase price paid by Grantee (the "Repurchase Right") pursuant to that certain Purchase and Sale Agreement dated by and between Grantor,as seller, and Grantee, as buyer (as amended from time to time, the "PSA") if either (i) Grantee has not satisfied the Project Progress Conditions (as defined in the PSA) as of the fifth anniversary of the date of this Deed or(ii)on or prior to said fifth anniversary, Grantee notifies Grantor that Grantee does not plan to proceed with the Project(the occurrence of the events described in clauses(i)and(ii)are each referred to herein as a"Repurchase Right Trigger Event", and such anniversary date or the date upon which Grantor is notified of such Repurchase Right Trigger Event,the "Repurchase Right Trigger Date"). Upon the occurrence of a Repurchase Right Trigger Event, Grantor shall have until the first anniversary of the Repurchase Right Trigger Date to conduct due diligence investigations (including, without limitation, to conduct all tests and studies of whatever nature Grantor deems necessary in its sole and absolute discretion (including,without limitation, invasive Phase II environmental site assessments) at Grantor's sole expense and liability and to obtain and review a title commitment for the Property) and to notify Grantee of Grantor's election to exercise its Page 46 of[76] Repurchase Right (such period,the "Repurchase Right Term" and such notice,the "Repurchase Right Notice"). If Grantor fails to notify Grantee of its election to exercise its Repurchase Right prior to the expiration of the Repurchase Right Term, then the Repurchase Right shall be deemed forfeited and of no further force and effect. The Repurchase Right may only be exercised for the entire parcel of the Property. Section 4(b)of the PSA is incorporated herein by reference and made a part hereof. NOTICE. A PETITION FOR FULL PURPOSE ANNEXATION OF THE PROPERTY INTO THE MUNICIPAL JURISDICTION OF THE CITY OF CORPUS CHRISTI (THE "ANNEXATION PETITION")HAS BEEN FILED WITH,BUT NOT YET APPROVED BY, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. THE ANNEXATION PETITION SHALL REMAIN IN EFFECT FROM THE DATE HEREOF UNTIL SUCH TIME AS THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TAKES OFFICIAL ACTION TO ACCEPT OR REJECT SUCH ANNEXATION PETITION. TRANSFER RESTRICTION. Subject to the Permitted Exceptions (including, without limitation, Grantor's Repurchase Right, to the extent such remains in effect), Grantee may, at its option, convey the Property and, so long as such assignment is for the same Project purpose, assign the Easement Agreement of even date herewith,so long as such Easement Agreement remains in effect,to a third party(a"Qualified Transferee"),subject to all terms in this Deed and,to the extent the Easement Agreement remains in effect, all terms and conditions contained in the Easement Agreement, (such transfer, a "Permitted Transfer"). Grantee shall give Grantor no less than 30 days' advance notice of such Permitted Transfer and,upon the effectiveness of such Permitted Transfer, Grantee shall deliver, or cause to be delivered, to Grantor, (i) a copy of the recorded deed signed and acknowledged by the Qualified Transferee restating the restrictions in this Deed to the extent such remain in effect,and(ii)if the Easement Agreement remains in effect,a Soil Management Plan(as defined in the Easement Agreement)executed by such Qualified Transferee. Grantee agrees that all provisions of(i)this Deed, (ii)the provisions of the Easement Agreement, so long as such Easement Agreement remains in effect, and (iv) the Soil Management Plan (as defined in the Easement Agreement), so long as such Easement Agreement remains in effect that are in full force and effect in accordance with their terms as of the date of the effectiveness of such Permitted Transfer(collectively,such agreements,the "Project Agreements")shall be binding upon such Qualified Transferee as of the effective date of such Permitted Transfer;provided,that such Permitted Transfer shall not relieve Grantee of any of its obligations under the Project Agreements,accruing before the effective date of such Permitted Transfer. A Qualified Transferee's operation of the Project shall be considered an authorized municipal use by the City of Corpus Christi. GRANTEE'S VOLUNTARY WAIVER OF SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE CONTRARY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 212.172(i), GRANTEE HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN IMMUNITY FROM LIABILITY IN ANY LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS WHICH MAY ARISE AS A RESULT OF THIS DEED. GRANTEE ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION AND VENUE BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. GRANTEE HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS DEED AND BINDS ITSELF TO THE TERMS OF THIS DEED IN ALL RESPECTS. To the extent permitted by applicable law, Buyer further waives and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar,limit,or otherwise affect the ability of Seller to enforce this Deed. Page 47 of[76] VENUE. Grantor and Grantee hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Deed to the jurisdiction of any state court of appropriate jurisdiction in the county in which the Property is located. Grantor and Grantee hereby irrevocably waive any objection that Grantor or Grantee may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Grantor and Grantee consent to any methods of service of process provided for under applicable laws. JURY WAIVER. IT IS MUTUALLY AGREED BY AND BETWEEN GRANTOR AND GRANTEE THAT THE RESPECTIVE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF THIS DEED. REMEDIES. Since this Deed is being executed and delivered pursuant to the terms of a Development Agreement between Grantor and Grantee dated , 20 , the parties acknowledge and agree that Grantor's remedies with respect to any provisions of this Deed shall include all remedies available under Texas Local Government Code 212.1720), including, without limitation, Grantor's right to recover its reasonable attorney's fees. SALE OF WATER. Upon Grantee's completion of the Project and upon Grantor's request, Buyer shall make the following available to Grantor: (i) potable water at the same rates provided to other industrial users and(ii)pre-potable water from the Project(i.e.,water that has been desalinated but prior to such water becoming potable) at rates reasonably determined by Grantee in compliance with all applicable regulatory provisions,provided that Grantor shall reimburse Grantee for any reasonable and documented out-of-pocket costs directly attributable to Grantee obtaining any necessary additional permits or permit amendments that may be required for the pre-potable water sales described in this clause (ii). [Signatures on following pages] Page 48 of[76] EXECUTED on the date set forth in the acknowledgment below to be effective as of the day of ,20 (the "Effective Date"). Grantor: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company By: Printed Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on , 20 , by of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company, on behalf of said company. (seal) Notary Public in and for the State of Printed Name of Notary: My Commission Expires: [Signatures continue on following page] Page 49 of[76] Grantee: CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality By: Printed Name: Title: APPROVED AS TO LEGAL FORM This day of 12022. By: City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 , by of the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality,on behalf of said municipality. (seal) Notary Public, State of Texas Page 50 of[76] Exhibit A to Exhibit H (To Special Warranty Deed) [legal description of Land to be attached at Closing] Exhibit B to Exhibit H (To Special Warranty Deed) [Permitted Exceptions to be attached at Closing] Page 51 of[76] EXHIBIT I FORM OF ESCROW AGREEMENT [To be attached] Page 52 of[76] EXHIBIT J FORM OF REANNEXATION PETITION [To be attached] Page 53 of[76] EXHIBIT K FORM OF REPURCHASE RIGHT REIMBURSEMENT AGREEMENT [To be attached] Page 54 of[76] EXHIBIT L FORM OF SOIL MANAGEMENT PLAN Page 55 of[76] EXHIBIT M FORM OF RECONVEYANCE DEED SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § THE CITY OF CORPUS CHRISTI,TEXAS,a Texas home rule municipality("Grantor"),whose address is , for and in consideration of the sum of$10.00 paid to Grantor by FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company (collectively, "Grantee"), whose address is , and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee, that certain land situated in the County of Nueces, State of Texas, described on Exhibit A attached hereto and made a part hereof,together with all right,title and interest of Grantor in and to all benefits, privileges, easements, tenements, hereditaments, and appurtenances thereon or appertaining thereto, and together with all right, title, and interest of Grantor in and to adjacent streets, alleys, and rights-of-way located thereon(the "Property")- For Property").For the same consideration, Grantor has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto Grantee, without warranty, express or implied, all interest of Grantor, if any, in (1) strips and gores, if any, between the Property and any abutting properties, whether owned or claimed by deed, limitations, or otherwise, and whether located inside or outside the Property; and(2)any land lying in or under the bed of any creek, stream,or waterway or any highway, avenue, street, road, alley, easement or right-of-way, open or proposed, in, or across, abutting or adjacent to the Property. This conveyance is being made by Grantor and accepted by Grantee subject only to those certain title exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes, but only to the extent that such exceptions are valid, existing, and, in fact, affect the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions,unto Grantee and Grantee's successors and assigns forever;and Grantor does hereby bind itself and its successors to warrant and forever defend the Property unto Grantee and Grantee's heirs, 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. THE PROPERTY IS BEING SOLD, "AS-IS," "WHERE-IS," WITH ALL FAULTS AND DEFECTS,WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER AS TO ITS CONDITION (PHYSICAL OR OTHERWISE), FITNESS FOR ANY PARTICULAR PURPOSE, MERCHANTABILITY,OR ANY OTHER WARRANTY,EXPRESS OR IMPLIED,EXCEPT FOR THE SPECIAL WARRANTY OF TITLE SET FORTH ABOVE. [Signatures on following pages] EXECUTED on the date set forth in the acknowledgment below to be effective as of the day of ,20 Page 56 of[76] Grantor: CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality By: Printed Name: Title: APPROVED AS TO LEGAL FORM This day of 12022. By: City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 , by of the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality,on behalf of said municipality. (seal) Notary Public, State of Texas [Signatures continue on following page] Page 57 of[76] Grantee: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company By: Name: Its: STATE OF § COUNTY OF § This instrument was acknowledged before me on , 20 , by of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company,on behalf of said company (seal) Notary Public in and for the State of Printed Name of Notary: My Commission Expires: Page 58 of[76] Exhibit A to Exhibit M (To Reconveyance Deed) Legal Description [legal description to be attached at closing of Repurchase Right] Exhibit B to Exhibit M (To Reconveyance Deed) Permitted Exceptions [Permitted Exceptions to match Permitted Exceptions in Deed to Buyer at Closing] Page 59 of[76] EXHIBIT N FORM OF TERMINATION AND RELEASE OF REPURCHASE RIGHT TERMINATION AND RELEASE OF REPURCHASE RIGHT STATE OF TEXAS § COUNTY OF NUECES § This TERMINATION AND RELEASE OF REPURCHASE RIGHT (this "Termination and Release") is made by FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company("Holder")in favor of the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality (the "Ci1y"). RECITALS A.Reference is hereby made to(i)that certain Special Warranty Deed(the "Deed")dated effective as of ,by and between Holder, as grantor, and City, as grantee,recorded on as Document No. in the Official Public Records of Nueces County, Texas, pursuant to which Holder conveyed to City certain property more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (such property,the "Pro e ") and (ii) that certain Purchase and Sale Agreement dated effective as of , 20, by and between Holder, as seller, and City, as buyer (as amended from time to time,the "Purchase Agreement"); and B. Pursuant to the terms and conditions of the Deed and Purchase Agreement,Holder retained the right to repurchase the Property(the "Repurchase Right")after the closing of the transaction contemplated by the Purchase Agreement and recording of the Deed. The Repurchase Right has terminated by the terms of the Deed and Purchase Agreement, and, accordingly,Holder has executed this Termination and Release of Repurchase Right as required pursuant to the terms and conditions of the Deed and Purchase Agreement. AGREEMENT NOW THEREFORE, for and in consideration of $10.00, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and confessed, the Holder hereby terminates,discharges, and releases the Repurchase Right. [Signature page follows] Page 60 of[76] HOLDER: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company By: Name: Its: STATE OF § COUNTY OF § This instrument was acknowledged before me on , 20 , by of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company,on behalf of said company (seal) Notary Public in and for the State of Printed Name of Notary: My Commission Expires: Page 61 of[76] Exhibit A to Exhibit N Legal Description of Property [To be attached] Page 62 of[76] EXHIBIT O [INTENTIONALLY OMITTED] Page 63 of[76] EXHIBIT P ACCESS AGREEMENTS [Attached] Page 64 of[76] EXHIBIT Q PERMITTED EXCEPTIONS 1. Existing zoning, subdivision and environmental laws or ordinances; 2. If the Buyer is not a governmental entity on the Closing Date, taxes or assessments for the year 202_and subsequent years which are not yet due and payable; and 3. Any prior reservation or conveyance of water,gas,oil,or other minerals of every kind and character in,on and under the subject property. Page 65 of[76] EXHIBIT R FORM OF CERTIFICATE AND AFFIDAVIT OF NON-FOREIGN STATUS STATE OF COUNTY OF Section 1445 of the Internal Revenue Code provides that a transferee of a U.S.real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("Transferor"), is the owner of certain real property located in the County of Nueces, State of Texas (the "Property"). To inform the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality ("Transferee"), the transferee of certain interests in the Property, that withholding of tax is not required upon the disposition of such U.S. real property interest by Transferor,the undersigned hereby certifies the following on behalf of Transferor: Transferor is not a foreign corporation,foreign partnership,foreign trust,or foreign estate (as those terms are defined in the internal revenue code and income tax regulations); Transferor's U.S. Employer identification number is ; Transferor is not a disregarded entity as defined in §1.1445 2(b)(2)(111); and Transferor's office address is Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury, I declare that I have examined this certificate and to the best of my knowledge and belief it is true,correct and complete, and I further declare that I have authority to sign this document on behalf of Transferor. [Remainder of Page Left Blank Intentionally] Page 66 of[76] TRANSFEROR: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company By: Name: Title: ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on , 20 , by of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company,on behalf of said company. (seal) Notary Public in and for the State of Printed Name of Notary: My Commission Expires: Page 67 of[76] EXHIBIT S FORM OF SELLER'S AFFIDAVIT SELLER'S AFFIDAVIT STATE OF COUNTY OF BEFORE ME,the undersigned authority,personally appeared ] ("Affiant"), [INSERT TITLE] of FLINT HILLS RESOURCES CORPUS CHRISTI,LLC("Seller")who,after being duly sworn, as required by law, declares, deposes and says that,to Affiant's actual knowledge, on behalf of Seller and not in Affiant's individual capacity: 1. Seller is the owner of the property described on Exhibit A attached hereto (the "Property"). 2. There is no outstanding contract for the sale of the Property to any person or persons whomsoever nor any unrecorded deed,mortgage or other conveyances affecting the title to the Property, other than those matters set forth on Exhibit B attached hereto (the "Permitted Exceptions"). 3. There have been no improvements upon the Property undertaken at the direction of Seller within the past [ninety (90)] days, other than in the ordinary course of business, for which there remain any outstanding and unpaid bills for labor,materials or other charges for which a lien or liens might be claimed by anyone whomsoever, other than as follows: 4. Seller has not taken any action, since the most recent effective date of title insurance commitment number [INSERT TITLE COMMITMENT NUMBER], issued by [INSERT TITLE COMPANY NAME] (the "Title Commitment"),that would encumber title to the Property. 5. To Seller's knowledge,there are no judgments,claims,disputes,demands or other matters pending against Seller that would attach to the Property. 6. Seller has not received notice of any violations of governmental laws, regulations or ordinances pertaining to the use of the Property. 7. Seller is in possession of the Property and no one else is in possession of the Property and no other person,corporation or entity has any right or lawful claim to possession or use thereof. 8. [All charges for water or sewer services provided to the Property by the county and/or city in which the Property is located which are currently due have been paid. There are no liens or assessments for public improvements or assessments, as provided for by [INSERT STATE STATUTORY REFERENCE], in favor of any city,town,village or port authority for unpaid service charges for service by any water,sewer or gas systems supplying the lands described herein.] 2 NTD: Seller's Affidavit subject to review and approval of Title Company. Page 68 of[76] 9. That no services of a Broker (as the term is defined in [INSERT STATE STATUTORY REFERENCE]) have been engaged with regard to the management, sale, purchase, lease, option, or other conveyance of interest in the Property,except for 10. That this affidavit is made to [INSERT TITLE COMPANY NAME] (the "Company")to issue its policy of title insurance insuring the interest of Buyer. By their acceptance hereof,the Company acknowledges that Affiant has made the averments set forth herein based upon his or her knowledge and belief and Company agrees that in the event of any monetary loss suffered or incurred by Company that it will look only and solely to Seller for compensation and not to Affiant in his or her individual capacity. FURTHER AFFIANT SAYETH NOT. Page 69 of[76] IN WITNESS WHEREOF,this Affidavit is executed as of the day of 120 AFFIANT: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company By: Name: Title: STATE OF COUNTY OF The foregoing instrument was sworn to, subscribed and acknowledged before me this day of 20 by as [INSERT SIGNATORY TITLE] of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company. He/She is personally known to me. Notary Public in and for the State of Printed Name of Notary: My Commission Expires: Page 70 of[76] Exhibit A to Exhibit S LEGAL DESCRIPTION [To be attached at Closing] Exhibit B to Exhibit S PERMITTED EXCEPTIONS [SUBJECT to easements, restrictions and covenants of record, if any, as the same were in full force and effect.] Page 71 of[76] EXHIBIT T FORM OF LEGAL OPINION , 2022 Flint Hills Resources Corpus Christi, LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita, Kansas 67220 RE: Opinion Letter Concerning Purchase and Sale Agreement Dear Sirs: I serve as counsel to the City of Corpus Christi, Texas (the "City"). I have been requested by Flint Hills Resources Corpus Christi, LLC ("Flint Hills") to issue this opinion regarding the sale of certain property from Flint Hills to the City. In rendering this opinion I have examined the following documents, referenced herein as the "Opinion Documents": (a) the Purchase and Sale Agreement by and between the City and Flint Hills (the "Agreement"); (b) the Easement Agreement by and between the City and Flint Hills; (c) the Development Agreement by and between the City and Flint Hills; (d) the Escrow Agreement by and between the City and Flint Hills; and (e) all other Closing Documents (as such term is defined in the Agreement) to be executed and delivered by the City at Closing pursuant to the Agreement. For the purposes of this opinion, I have assumed that: (a) The execution and delivery of the Opinion Documents, and the entry into and performance of the transactions contemplated thereby by all parties other than the City, have been duly authorized by all necessary actions; (b) All natural persons who are signatories on the Opinion Documents were legally competent at the time of execution; all signatures on the Opinion Documents made by parties other than the City are genuine; and the copies of all documents submitted to me are accurate and complete and conform to the originals. Based upon the foregoing,but subject to the assumptions, qualifications and limitations set forth below, I am of the opinion that: Page 72 of[76] I. The City has the authority to enter into and perform its obligations under the Opinion Documents to which it is a party. 2. The execution and delivery by the City of the Opinion Documents to which it is a party and the performance by the City of its obligations thereunder(a)have been authorized by all necessary action of the City Council of Corpus Christi, (b) do not require, under any present law or regulation of any governmental agency or authority of the State of Texas or the United States of America, any filing or registration by,with, or approval or consent of, any governmental agency or authority of the State of Texas or the United States of America that has not been made or obtained, (c) do not contravene any provision of any organizational charters or other documents governing the authority of the City to transact business and enter into the Opinion Documents, and (d) do not violate (i) any present law, or present regulation of any governmental agency or authority, of the State of Texas or the United States of America applicable to the City, (ii) any agreement binding upon the City, or (iii) any court decree or order binding upon the City. 3. Each Opinion Document(a) has been duly executed and delivered on behalf of the City and (b) constitutes a valid and binding obligation of the City, enforceable against the City in accordance with its terms. 4. The provisions of the Opinion Documents pursuant to which the City voluntarily waives sovereign immunity, including, without limitation, Section 26(W of the Agreement, are valid, binding and enforceable against the City and the present and any future City Council of Corpus Christi. 5. There is no action, suit, proceeding, governmental investigation or arbitration, at law or equity, or before or by any governmental authority or the City Council of Corpus Christi, pending or threatened against the City which could materially or adversely affect the ability of the City to perform its obligations under the Opinion Documents. My opinion is qualified as follows: (a) The rights and remedies set forth in the above-mentioned documents may be limited by applicable bankruptcy,reorganization, insolvency, moratorium, fraudulent conveyance or transfer and other similar laws now or hereafter in effect relating to or affecting creditors' rights generally; (b) Enforcement of a party's rights and remedies may be limited by general principles of equity, regardless of whether such enforcement is considered in a proceeding in equity or at law, and in this regard I have assumed that each party will exercise its rights and remedies in good faith and in circumstances and a manner which are commercially reasonable; (c)My opinion is limited to the laws of the United States and the laws of the State of Texas. I have no continuing obligations to inform you of changes in law or fact subsequent to the date hereof or of facts of which I become aware after the date hereof, (d) I have not reviewed and do not opine as to: (i) compliance by the City with applicable zoning, health, safety, building, environmental, land use or subdivision laws, ordinances, codes, rules or regulations, (ii)ERISA laws,rules and regulations, (iii)Federal or state taxation,banking, Page 73 of[76] securities or "blue sky" laws, rules or regulations, or (iv) the priority of any liens or security interests or other conditions of title that would be reflected in a title or lien search or on one or more policies of title insurance. This opinion is limited to the matters set forth herein. No opinion may be inferred or implied beyond the matters expressly contained herein. This opinion is rendered solely for your benefit and that of your successors and assigns, and the respective counsel of the foregoing (including Holland & Knight LLP), and no other person or entity shall be entitled to rely on any matter set forth herein without the express written consent of the undersigned. Very truly yours, Copies to: Flint Hills Resources Corpus Christi, LLC Attention: Kim Boatright 4111 East 37th Street North Wichita, Kansas 67220 Holland&Knight LLP Attn: Eugene Segrest, Esq. One Arts Plaza 1722 Routh Street, Suite 1500 Dallas, Texas 75201 Page 74 of[76] EXHIBIT U FORM OF MEMORANDUM OF OPTION MEMORANDUM OF OPTION STATE OF TEXAS § COUNTY OF NUECES § FLINT HILLS RESOURCES CORPUS CHRISTI,LLC,a Delaware limited liability company, whose address is 4111 East 37th Street North, Wichita, Kansas 67220 ("Owner"), owns certain real property located in Nueces County, State of Texas, as more particularly described in Exhibit A attached hereto (the "Property"). Owner and CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality,whose address is 1201 Leopard Street,Corpus Christi,Texas 78401 (the "C ")entered into that certain Purchase and Sale Agreement dated as of[ ],2022 (as amended from time to time, the "Agreement"), whereby Owner, subject to the terms of the Agreement, agreed to grant to the City an option to purchase the Property during the period of three years beginning on the date of the Agreement (the "Option"). The Option is subject to extension, at City's election,for one or two years as provided in the Agreement. This Memorandum of Option (this "Memorandum") is intended solely to put third parties on notice of the Option held by the City,and nothing contained in this Memorandum shall,or shall be deemed to,modify or amend the Agreement in any respect. In the event of any conflict between the provisions of the Agreement and the provisions of this Memorandum,the provisions of the Agreement shall prevail. This Memorandum shall expire automatically,and without further action,and be of no further force or effect upon the earlier to occur of(a) the filing of a termination signed by the City stating that the Agreement and Option have been terminated and is no longer in force or effect,or(b) five years from the date of the Agreement. [Remainder of Page Intentionally Left Blank; Signature Pages Follow] Page 75 of[76] IN WITNESS WHEREOF,the parties have signed this Memorandum of Option to be effective as of (the "Effective Date"). OWNER: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company By: Name: Title: STATE OF § § ss. COUNTY OF § The foregoing instrument was acknowledged before me this day of ,20_,by , the [insert: title/position of signatory] of FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company,on behalf of the limited liability company. Notary Public in and for the State of Printed Name of Notary: My Commission Expires: Page 76 of[76] CITY: CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality By: Printed Name: Title: APPROVED AS TO LEGAL FORM This day of ,20_. By: City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 , by , of the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality,on behalf of said municipality. Notary Public, State of Texas Page 77 of[76] Exhibit A to Exhibit U Legal Description of Property [To be attached] Page 78 of[76] EXHIBIT V FORM OF TERMINATION AND RELEASE OF MEMORANDUM OF OPTION TERMINATION AND RELEASE OF MEMORANDUM OF OPTION STATE OF TEXAS § COUNTY OF NUECES § This TERMINATION AND RELEASE OF MEMORANDUM OF OPTION (this "Termination and Release") is made by the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality ("City")in favor of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company("Owner"). RECITALS A. Reference is hereby made to that certain Memorandum of Option (the "Memorandum") dated , by and between Owner and City, recorded as Document No. in the Official Public Records of Nueces County, Texas,pursuant to which Owner and City put third parties on notice of Owner's agreement to grant City an option to purchase (such option,the "Option")the property described on Exhibit A attached hereto and made a part hereof for all purposes (such property, the "Pro e ") pursuant to the terms and conditions of that certain Purchase and Sale Agreement dated ,202_by and between Owner, as seller, and City, as buyer (as amended from time to time, the "Purchase Agreement"); and B. Pursuant to the terms and conditions of the Purchase Agreement, the Option has terminated by the terms of the Purchase Agreement and, accordingly, City has executed this Termination and Release of Memorandum of Option as required pursuant to the terms and conditions of the Purchase Agreement. AGREEMENT NOW THEREFORE, for and in consideration of $10.00, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and confessed, City hereby terminates,discharges, and releases the Memorandum and the Option described therein. [Signature page follows] Page 79 of[76] CITY: CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality By: Printed Name: Title: APPROVED AS TO LEGAL FORM This day of ,20_. By: City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 , by of the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality,on behalf of said municipality. Notary Public, State of Texas Page 80 of[76] Exhibit A to Exhibit V Legal Description of Property [To be attached] Page 81 of[76] SCHEDULEI LIST OF REQUIRED PERMITS 11. Final water rights permit for the Project to be issued by the TCEQ; 12. Final discharge permit for the Project to be issued by the TCEQ; and 13. Final permits for the Project to be issued by the U.S. Army Corps of Engineers. Page 82 of[76] EXHIBIT E FORM OF EASEMENT AGREEMENT EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter this "Agreement") is made as of 120 (the "Effective Date"), by and between FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("Grantor"), and the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality (together with its Permitted Assignees (as defined herein), collectively, "Grantee"). As used in this Agreement,the term "parties"refers collectively to both Grantor and Grantee. RECITALS A. Grantor and Grantee entered into that certain Purchase and Sale Agreement dated as of[_],2022 (as may be amended from time to time, the "Purchase and Sale Agreement"), pursuant to which, among other things, (i) Grantor, as seller, sold and conveyed, and Grantee, as buyer,purchased and received, certain real property located in Nueces County, Texas and more particularly described on Exhibit A attached hereto and made a part hereof(the "Benefitted Property")pursuant to that certain Special Warranty Deed dated as of[�,20[1 (the "Deed")and(ii)Grantor has agreed to convey to Grantee certain easements over and across certain real property located in the County of Nueces (the "County"), State of Texas (the "State"), consisting of approximately acres, as more particularly described in Exhibit B attached hereto and made a part hereof for all purposes(the "Property"),in connection with Grantee's construction and operation of a water desalination and treatment plant and related facilities on the Benefitted Property (the "Project"). The transactions contemplated by the Purchase and Sale Agreement, including conveyance of the Benefitted Property by Grantor to Grantee pursuant to the Deed,were consummated on the Effective Date. B. In connection with the development of the Project on the Benefitted Property, certain easements for an intake pump station,pipelines, intake and outfall structures and access are necessary infrastructure for operation of the Project, without which the Project could not operate. This Agreement is being executed pursuant to a development agreement under Texas Local Government Code Section 212.171, et seq., in order to provide the necessary infrastructure for the development of the Benefitted Property which lies within the extraterritorial jurisdiction of the City of Corpus Christi. The terms and considerations of this Agreement are additional terms and considerations pertaining to the development and use of the Benefitted Property in the manner provided herein and are made pursuant to that Development Agreement entered into by and between Grantor and Grantee dated as of[1, 20[ land recorded in the real property records of Nueces County, Texas on [ 120[ 1 as Document number [ (the "Development Agreement"). C. Subject to the terms and conditions of this Agreement and pursuant to the terms and conditions of the Purchase and Sale Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows. AGREEMENT 1. Grant of Easement. A. Subject to the terms set forth in this Agreement, for$10.00 and other valuable consideration,the receipt of which is hereby acknowledged by Grantor, Grantor hereby grants to Grantee, and EASEMENT AGREEMENT Page 1 of[_I Grantee hereby accepts from Grantor, the following described easements on the Property (collectively,the "Easements",and the areas upon which the Easements are located,collectively, the "Easement Areas") for the purposes of constructing the improvements described below in connection with the construction and operation of the Project (such improvements, collectively, the "Easement Improvements"): i. Pipeline Easement. Limited, nonexclusive pipeline easements in the approximate locations depicted on Exhibit C-1 attached hereto and incorporated herein by this reference (collectively,the "Pipeline Easement" and the Easement Area upon which the Pipeline Easement is located,the "Pipeline Easement Area"),which shall be used solely for the installation,inspection,operation,maintenance,repair and replacement of seawater and seawater concentrate pipelines and ancillary facilities and utilities as determined by Grantee to be reasonable or necessary in connection with the Project. ii. Submerged Land Easement. Limited,nonexclusive easement to submerged land in the approximate locations depicted on Exhibit C-2 attached hereto and incorporated herein by this reference,which shall be used for the installation,inspection,operation,maintenance, repair and replacement of seawater intake and outfall structures as determined by Grantee to be reasonable or necessary to be installed and used in connection with the Project,which may include piping and equipment of seawater and discharge of effluent and ancillary facilities and utilities(collectively,the "Submerged Land Easement" and the Easement Area upon which the Submerged Land Easement is located, the "Submerged Land Easement Area"). iii. Intake Pump Station Easement. A limited easement in the approximate location depicted on Exhibit C-3 attached hereto and incorporated herein by this reference,which shall be used for the installation, inspection,replacement and repair of a seawater intake pump station as determined by Grantee to be reasonable or necessary to be installed and operated in connection with the Project (collectively, the "Intake Pump Station Easement" and the Easement Area upon which the Intake Pump Station Easement is located,the "Intake Pump Station Easement Area"). iv. Access Easement. Limited, nonexclusive road access easement in the approximate locations depicted on Exhibit C-4 attached hereto and incorporated herein by this reference, which shall be used solely for ingress to and egress from the Construction/Maintenance Easement (as hereinafter defined), Pipeline Easement, Submerged Land Easement and Intake Pump Station Easement (collectively, ingress to and egress from each shall be known as the "Access Easement" and the Easement Area upon which the Access Easement are located,the "Access Easement Area"). v. Construction/Maintenance Easement. Limited, nonexclusive easement in the approximate locations depicted on Exhibit C-5 attached hereto and incorporated herein by this reference, which shall be used for the sole purpose of constructing, installing and maintaining the Easement Improvements permitted to be constructed, installed, operated and maintained on the Pipeline Easement Area, Submerged Land Easement Area, and the Intake Pump Station Easement Area,in each case,pursuant to the terms of this Agreement (collectively, construction, installation and maintenance on each of these areas shall be known as the "Construction/Maintenance Easement", and the Easement Area upon which the Construction/Maintenance Easement are located, the "Con struction/Maintenance Easement Area")- EASEMENT rea").EASEMENT AGREEMENT Page 2 of[_] vi. Temporary Soil Storage Easement. Limited,nonexclusive easement in the approximate locations depicted on Exhibit C-6 attached hereto and incorporated herein by this reference, which shall be used for the sole purpose of temporarily storing excess soil during the construction of the Easement Improvements (the "Temporary Soil Storage Easement",and the Easement Area upon which the Temporary Soil Storage Easement is located,the "Temporary Soil Storage Easement Area"). Grantor grants the Easements,on the terms and conditions set forth herein,to Grantee and Grantee's successors and assigns, for the benefit of the Benefitted Property, to have and to hold said Easement; and Grantor hereby binds itself and its successors to warrant and forever defend the Easements unto Grantee and 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. B. The grant of the Easements are expressly made SUBJECT TO ANY AND ALL (i) easements, servitudes, gores, strips, permits, covenants, conditions, exceptions, reservations, restrictions, limitations and other agreements and all other matters of record,if any,whether expressed or implied by law,or which are apparent upon inspection,and(ii)rights of the public in and to the parts thereof in streets,roads or alleys. 2. Term. A. This Agreement shall be perpetual,subject to the terms set forth herein. B. Notwithstanding the foregoing,Grantor and Grantee agree that this Agreement and Grantee's rights to the Easements shall automatically terminate without any further action by any party, and shall automatically revert to Grantor,without notice to Grantee,upon the occurrence of any one or more of the following: i. Grantee (or its successors or assigns) notifies Grantor that Grantee (or such successor or assign, as applicable) intends to permanently cease operations or development of the Project; ii. if, after the expiration or termination of Grantor's Repurchase Right (as defined in the Deed), construction or development of the Project ceases for a continuous period lasting more than one year, subject to possible extension pursuant to Section 9 (Force Majeure) hereof, iii. if, after the commencement of operation of the Project, operation ceases for a continuous period lasting more than five years, without any extension pursuant to Section 9 (Force Majeure); or iv. Grantor takes title to the Benefitted Property pursuant to an exercise of Grantor's Repurchase Right(as defined in the Deed)or otherwise. C. The term of the Temporary Soil Storage Easement shall commence on the date the Project Progress Conditions (as defined in the Deed) have been satisfied and shall terminate automatically and without further action by either party on the date that is thirty days after the date the construction of all Easement Improvements are completed.Upon the termination of the Temporary Soil Storage Easement,Grantee shall repair and restore the Temporary Soil Storage Easement to a substantially EASEMENT AGREEMENT Page 3 of[I similar condition(and in any event in no worse condition)as the Temporary Soil Storage Easement Area was in immediately prior to this Agreement, subject to any Remediation that Grantee has performed pursuant to this Agreement and all obligations of Grantee under the Soil Management Plan. Grantee's obligations in this Section 2(C) shall survive the expiration or termination of this Agreement. D. Upon such reversion as set forth in Section 2(B) or any other expiration or termination of this Agreement, Grantee covenants and agrees that it shall promptly (and in any event within 30 days following the expiration or termination of the Agreement)(i)execute and record in the land records of the County a release of this Agreement in the form of Exhibit D attached hereto and incorporated herein by reference, (ii) repair and restore the Easement Areas to a substantially similar condition (and in any event in no worse condition) as the Easement Areas were in immediately prior to this Agreement(including,without limitation,removing all equipment and improvements located on the Submerged Land Easement), subject to any Remediation that Grantee has performed pursuant to this Agreement; provided, that at Grantee's request, Grantor may (but is not obligated to) permit Grantee to leave certain improvements on the Easement Areas in-place (including paving, soil reinforcement, leveling, gravel, electrical transformers and other electrical equipment, and other infrastructure that can be repurposed for future development)at no additional cost to Grantor.Any improvements left on the Easement Areas after the expiration or termination of this Agreement in accordance with the forgoing sentence shall be deemed to be the property of Grantor. To the extent required to complete the forgoing repair and restoration activities, the Construction/Maintenance Easement shall continue for the limited purpose of completing such repair and restoration activities have been completed.Upon the expiration or termination of this Agreement,except with respect to obligations of Grantee that expressly survive this Agreement by its terms, Grantee acknowledges and agrees that it shall have no further rights in the Easements. Grantee's obligations in this Section 2(D)shall survive the expiration or termination of this Agreement. 3. Limitations to Grantee's Use of the Easement Areas, Maintenance Obligations. A. Use. Grantee hereby covenants and agrees that the Easement Areas, in each case, will be used solely for the purpose(s) described in Section I(A). Grantee hereby covenants and agrees that it will(a)not commit waste on the Easements; (b)repair all damage to any of Grantor's Property(as hereinafter defined)caused by its activities on the Easement Areas; and (c)comply with all laws, ordinances, statutes, by-laws, codes, restrictions, rules, regulations and orders of all applicable federal, State and local jurisdictions, including,without limitation, all applicable agencies of any Governmental Body. Except as expressly provided herein, Grantee shall not make any material change to the Easement Areas without Grantor's prior written consent, which may be given or withheld by Grantor in its sole and absolute discretion. Grantee agrees not to bury or burn any rubbish, trash, drums or containers on the Easement Areas. Grantee agrees to dispose of all excavated soil, debris, filth,refuse, surpluses, chemical containers, drums, cartons and discarded materials of every kind off the Easement Areas in compliance with all State or federal requirements and the Soil Management Plan,and to at all times comply fully with all such requirements,whether now enacted or during this Agreement become law. In addition to the foregoing, Grantee agrees to comply, and to cause all Grantee Parties (as hereinafter defined) to comply, with Grantor's safety requirements, as the same may be amended or updated from time to time. B. No Right to Erect Improvements. Except as expressly provided herein for the construction of the Easement Improvements, Grantee shall not be permitted to erect any other permanent improvements, fences, gates or buildings on the Easement Areas without Grantor's prior express EASEMENT AGREEMENT Page 4 of[_] written consent, which consent may be given or withheld by Grantor in its sole and absolute discretion. C. No Right to Conduct Environmental Testing. Except as may be required in connection with any Remediation, Grantee shall not conduct any sort of environmental analysis or environmental investigation of the Easement Areas or any soil removed therefrom. Once soil is removed from the Easement Areas, Grantee shall take title to such soil and shall be solely responsible for its disposal or other placement. To the extent Grantee must conduct environmental analysis of any soil removed from the Easement Areas in order to properly classify,handle,transport,and dispose of such soil, Grantee shall be solely responsible for complying with all Environmental Laws applicable to such activities. Grantee may perform core sampling of the Easement Areas as necessary for structural design analysis of the Easement Improvements by providing Grantor with no less than five Business Days' advance notice of such sampling. D. No Interference with Grantor's Property. Subject to the terms of Sections 3(B)above, Grantee shall not have the right to take any action or to construct or place any gate or other obstruction on the Easement Areas that would (i)restrict Grantor's ability to access,utilize and enjoy Grantor's Property (as hereinafter defined) or any portion thereof, or (ii) create a dangerous condition on Grantor's Property or any portion thereof. Notwithstanding the generality of the forgoing,Grantee acknowledges and agrees that Grantee's use of the Easement Areas and rights under this Agreement are subject to Grantor's operations and environmental monitoring facilities on Grantor's Property, including, without limitation, Grantor's ongoing maintenance of environmental monitoring wells(whether now or hereafter existing). Grantor reserves the right to install additional environmental monitoring facilities on the Easement Areas; provided, that Grantor will provide written notice at least five Business Days' prior to the installation of such additional environmental monitoring facilities. For the avoidance of doubt, Grantee's failure to comply with the provisions of this Section 3 shall be deemed to be a Default. 4. Special Provisions. A. Entry into Easement Areas. Prior to entry into any of the Easement Areas by Grantee or its employees, contractors or subcontractors, all such persons shall be required to complete the standard safety and risk awareness training program required by Grantor for all of its contractors and subcontractors entering Grantor's Property. Such program shall be available on all Business Days generally and shall not exceed three hours in length. B. Notice of Construction and Time Table. Notwithstanding anything to the contrary set forth in this Agreement,Grantee shall not be permitted to commence construction(other than construction- preparation activities, such as surveying and measuring) on the Easement Areas until (i) Grantee notifies Grantor that it has satisfied the Project Progress Conditions and(ii)Grantee and Grantee's contractor have entered into the Soil Management Plan and submitted the same to Grantor for its signature. Such notice shall be made pursuant to Section 36 hereof and shall include the name, address and telephone number of the parties who will enter the Easement Areas and who will be conducting such construction. In no event shall Grantee conduct operations or construction on any portion of Grantor's Property other than the Easement Areas unless expressly agreed to in a prior writing by Grantor in its sole and absolute discretion. Following the completion of construction of all Easement Improvements, Grantee shall deliver to Grantor an "as built" survey of the Easement Areas demonstrating the location and depths of all underground and above ground EASEMENT AGREEMENT Page 5 Of[_I Easement Improvements, which shall be in form and substance satisfactory to Grantor in its reasonable discretion. In the event that the actual location of the Easement Improvements (or any of them) are substantially different from the location of the Easement Areas as described on Exhibit C-I through C-6,then Grantor and Grantee shall, at Grantor's option, execute and file of record a "Correction Easement" that correctly shows the actual location of the Easement Areas upon which the Easement Improvements are located; provided, that in no event shall the as-built locations of the Easement Areas described in the Correction Easement be greater than, or outside of,the Easement Areas described in this Agreement. Any such reformation of the Easement Areas, however,shall include the locations within the Easement Areas used or required for the installation of cathodic protection, pipeline markers and other ancillary facilities and utilities as part of such adjusted Easement Areas. C. Fencing Requirements. i. Temporary Fencing. Prior to commencement of construction of the Easement Improvements, Grantee shall, at Grantee's sole cost and expense, construct, or cause its general contractor to construct,temporary fencing around the construction operations on the Easement Areas in locations selected by Grantee and its general contractor in their reasonable discretion, provided that such fencing provides a barrier between Grantee's construction activities and Grantor's Property. Continuing throughout the period of construction of the Easement Improvements,Grantee shall be responsible for the ongoing maintenance and repair of such temporary fencing at Grantee's sole cost and expense,and Grantee covenants and agrees to keep such temporary fencing in good working order at all times. ii. Permanent Fencing. Upon completion of construction of the Easement Improvements, Grantee shall,at Grantee's sole cost and expense,construct permanent cyclone fencing in a manner reasonably satisfactory to Grantor on the perimeter of the Easement Areas in a location reasonably determined by Grantor and Grantee. Continuing throughout the term of this Agreement, Grantee shall be responsible for the ongoing maintenance and repair of such permanent fencing at Grantee's sole cost and expense,and Grantee covenants and agrees to keep such permanent fencing in good working order at all times. D. Restoration. In addition to Grantee's obligations under the Soil Management Plan,following the completion of construction, maintenance, repair, or removal of the Easement Improvements, Grantee shall,at Grantee's sole cost and expense,restore the area disturbed by construction as best as practicable to its original preconstruction condition,in accordance with all applicable permits, laws and regulations. Without limiting the foregoing, Grantee's restoration efforts shall include, without limitation, grading and leveling all areas of the Easement Areas disturbed by Grantee's activities to the preconstruction grade and level, adding any additional topsoil (of the same type found within the Easement Areas) necessary to bring the grade of the trench/ditch to the same level as the surrounding undisturbed areas of land,account for soil settlement so that the permanent depth of the pipeline required by Section 4(B)herein is maintained at all times. Restoration and clean-up along the Easement Areas shall be accomplished in a prompt and timely manner, as conditions permit. Grantee's obligations under this Section 4(C) are ongoing during the life and operation of the Project and shall survive the surrender or earlier termination of this Agreement. E. Warning Signs. Grantee shall install warning signs along the Easement Areas as required by law or as reasonably required by Grantor at Grantee's sole cost and expense. EASEMENT AGREEMENT Page 6 of[_I In the event of any failure by Grantee to (i)construct and maintain the fencing as provided in Section 4(C) above, (ii) complete the restoration of the Easement Areas as provided in Section 4(D) above, (iii) install and maintain the warning signs as provided in Section 4(E)above,(iv)repair any of Grantor's Property in accordance with Section 5 below, or(v)restore or Remediate the Easement Areas as provided in Section I I below,then,after notice and opportunity to cure as provided in Section 8 below,Grantor shall have the right(but in no event shall be obligated)to perform such services on behalf of Grantee,and Grantee hereby expressly authorizes and retains Grantor to perform such services on behalf of Grantee in such event. For such purposes,this Agreement additionally shall be construed as a contract for services to be provided by Grantor to Grantee, and Grantor shall have all rights available under the law, including Section 271.151, et seq.,of the Texas Local Government Code,in connection with enforcing Grantor's rights hereunder. 5. Damages Caused by Grantee. Within 60 days of the demand by Grantor, Grantee shall repair any damages caused by Grantee or its contractors to any portions of the Property other than the Easement Areas, including but not limited to any buildings, roads, gates, fences, facilities, equipment, and other personal property and improvements of whatever nature of Grantor or any of Grantor's Affiliates (such personal property,together with the Property,collectively, "Grantor's Property"). Upon the completion of construction of Grantee's improvements, Grantee shall restore the Easement Areas and any other portions of Grantor's Property affected by Grantee's construction activities to a substantially similar condition (and in any event in no worse condition) as the Easement Areas, other portions of the Property and Grantor's Property (as applicable) were in prior to the use by Grantee, subject to Remediation; provided, that at Grantee's request, Grantor may (but is not obligated to)permit Grantee to leave certain infrastructure on the Easement Areas in-place (including paving, soil reinforcement, leveling, gravel, electrical transformers and other electrical equipment, and other infrastructure that can be repurposed for future development) at no additional cost to Grantor. Grantee's obligations under this Section 5 shall survive the surrender or earlier termination of this Agreement. 6. Taxes. A. Grantee Taxes. Grantee shall pay prior to delinquency all (if any) taxes, assessments, license fees, charges or other governmental impositions assessed against or levied or imposed upon the Easement Improvements or Grantee's business operations on the Easement Areas. Whenever possible, Grantee shall cause all such items to be assessed and billed separately from Grantor's Property. In the event any such items shall be assessed and billed with the Grantor's Property, Grantee shall pay Grantor its share of such taxes,charges or other governmental impositions within 10 days after Grantor delivers to Grantee a statement and a copy of the assessment or other documentation showing the amount of such impositions. Grantee's obligations under this paragraph shall survive the surrender or earlier termination of this Agreement. B. Real Property Taxes. Grantor shall pay all real property taxes or assessments levied on the land contained within the Easement Areas. C. Other Taxes. If, at any time this Agreement is in effect and the Grantee is a taxable entity, and the State or any political subdivision thereof so authorized (including, but not limited to, any county, city, city and county, public corporation, district, or any other political entity) levies or assesses against Grantor a tax, fee or excise (other than a margin tax,income tax, franchise fee or other assessment based on Grantor's income or revenues generally)on(A)any payments remitted to Grantor by Grantee as consideration for the grant of the Easement, (B) the act of entering into this Agreement, or (C) any other tax, fee or excise, however described or identified (including, without limitation,a value-added tax)as a substitute in whole or in part for,any real property taxes (collectively, "Supplemental Property Taxes"), Grantee shall pay to Grantor the Supplemental EASEMENT AGREEMENT Page 7 of[_I Property Taxes within 10 days after Grantor delivers to Grantee a statement and a copy of the assessment or other documentation showing the amount of the Supplemental Property Taxes. 7. Assignments and Transfers. A. No Right to Assign or Transfer. Except with respect to a Permitted Assignment(as hereinafter defined), Grantee shall not assign,transfer,mortgage, or encumber this Agreement, and shall not transfer its interest in the Easement Areas or otherwise allow any other party to utilize the Easement or any part thereof, or allow any other person to be in possession thereof, without the prior written consent of Grantor, which consent may be given or withheld by Grantor in its sole and absolute discretion. Any assignment,transfer,mortgage,or encumbrance,if made in violation of this provision,is void. B. Permitted Assignment. Grantee may, at its option, assign this Agreement to a third parry (a "Qualified Transferee") for the same Project purpose, subject to all terms and conditions of this Agreement (such transfer, a "Permitted Assignment"). Grantee shall give Grantor no less than 30 days' advance notice of such Permitted Assignment and, upon the effectiveness of such Permitted Assignment, Grantee shall deliver,or cause to be delivered to Grantor, (i) a copy of the recorded deed signed and acknowledged by the Qualified Transferee restating the restrictions in the Deed, and (ii) a Soil Management Plan executed by such Qualified Transferee in the form attached as Exhibit L to the Purchase Agreement, subject to reasonable modifications as may be required by Grantor and Grantee in the event of changes in laws or changes in conditions of the Property. 8. Event of Default. The failure by either party to perform its obligations and/or to comply,in any respect, with any other term or condition of this Agreement or any Project Agreement shall constitute a"Default" under this Agreement. Upon the occurrence of a Default and prior to exercising any rights or remedies provided for in this Agreement or at law or in equity for such default, the non-defaulting party shall give written notice to the defaulting party (in accordance with Section 36 hereof) of the existence of such Default. Such notice shall specify the nature of such Default. The defaulting party shall have 60 days after receipt of such written notice to cure such Default (the "Cure Period"); provided, that in the event such defaulting party commences the cure of such Default within such period and such Default reasonably requires additional time to cure,then so long as the defaulting party is diligently pursuing the cure of such Default, the Cure Period shall be extended for such additional time as may be reasonably required to complete the cure such Default,provided that such additional Cure Period shall in no event last for more than 180 days. If such Default remains uncured by the defaulting party after the Cure Period ends(as may be extended pursuant to the forgoing sentence), then the non-defaulting party shall have the right, at its option,to seek such monetary damages or equitable relief as may be provided by law or in equity. Without limiting the forgoing, Grantor's remedies under this Agreement shall include, without limitation, all remedies available under Texas Local Government Code 212.1720), since this Agreement is being made pursuant to and as part of the Development Agreement made under Section 212.171,et seq., all remedies available under Texas Local Government Code 271.151, et seq., the right of specific performance, all remedies provided in this Section 8,and Grantor's reasonable and necessary attorney's fees. 9. Force Maieure. Any failure or delay in performance under this Agreement shall be excused to the extent said failures or delays are proximately caused by an Act of God (e.g., fire, flood, inclement weather, epidemic,pandemic(including,without limitation,COVID-19 or any related disease),or earthquake);war or act of terrorism, including chemical or biological warfare; labor dispute, lockout, strike, or embargo; governmental acts,orders,or restrictions (except acts of the City Council of Corpus Christi); or any other reason where failure to perform is beyond the reasonable control, and is not caused by the intentional or negligent act or failure to act of the party experiencing the difficulty; provided that, as a condition to the EASEMENT AGREEMENT Page 8 of[_I claim of nonliability,the parry experiencing the difficulty shall have exercised reasonable efforts to avoid or remedy such force majeure, shall have given the other party prompt written notice, with reasonable detail, following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. In the event that such force majeure delays performance by more than five years from the date of the initial occurrence of such force majeure event, either party shall have the right to deliver written notice of termination of this Agreement to the other party, whereupon the parties shall have no further legal obligation to one another, except for those obligations under this Agreement that specifically survive termination. Notwithstanding anything to the contrary contained in this Agreement, this Section 9 shall not apply with respect to Grantee's obligation to promptly cure a default that can be cured by the payment of money to Grantor. 10. RELEASE, INDEMNITY AND HOLD HARMLESS. A. Release by Grantee. Grantee,its successors and assigns hereby RELEASES,ACQUITS AND FOREVER DISCHARGES, and WAIVES any and all Losses/Claims against Grantor and Grantor's Affiliates(collectively,the"Released Parties")that arise from or relate to Grantee's activities on the Easement Areas, and agrees not to sue any of Released Parties for such Losses/Claims. Without limiting the foregoing, Grantee agrees that the Released Parties shall not be liable to Grantee, its heirs, successors and assigns for Losses/Claims arising from or related to Grantee's exercise of its rights under this Agreement. Grantee assumes all risks and responsibilities for accidents, injuries or death resulting from such injuries or damages to person or property occurring in, on or about the Easement Areas, and to the fullest extent permitted by applicable law, GRANTEE AGREES TO RELEASE THE RELEASED PARTIES FROM ANY AND ALL LOSSES/CLAIMS, (A) ARISING, DIRECTLY OR INDIRECTLY, OUT OF, FROM OR IN CONNECTION WITH, IN WHOLE OR IN PART, THE CONDITION, USE OR CONTROL OF THE EASEMENT AREAS (INCLUDING, WITHOUT LIMITATION, ANY GRANTOR'S PROPERTY, OTHER IMPROVEMENTS, EQUIPMENT AND/OR OTHER PROPERTY OR EQUIPMENT THEREON), OR (B) IMPOSED UPON OR INCURRED BY OR ASSERTED, DIRECTLY OR INDIRECTLY, AGAINST ANY RELEASED PARTY,IN WHOLE OR IN PART,BY REASON OF(I)ANY FAILURE ON THE PART OF GRANTEE TO PERFORM OR COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, (II) ANY ENFORCEMENT OR REMEDIAL ACTION TAKEN BY ANY RELEASED PARTY IN THE EVENT OF ANY GRANTEE PARTY'S (AS DEFINED BELOW) FAILURE TO PERFORM OR COMPLY WITH THE TERMS OF THIS AGREEMENT; (III) ANY LITIGATION INVOLVING, CONCERNING OR RESPECTING THIS AGREEMENT, THE PROPERTY OR THE USE OR OCCUPANCY THEREOF BY GRANTEE PARTIES, OR(IV) ANY ACTION BY A LAW ENFORCEMENT OR REGULATORY OFFICIAL WITH RESPECT TO ANY ACT OR CONDUCT BY ANY GRANTEE PARTY IN CONNECTION WITH THE PROPERTY, in each case, except to the extent arising from negligence or willful misconduct of Grantor. Grantee shall release the Released Parties for any damages to the Property or any portion thereof (including, without limitation, any improvements, equipment and/or other personal property or equipment thereon),and for any act or omission by Grantee or any employee,agent, contractor, subcontractor, invitee, licensee, representative, successor, assignee, guest of Grantee or any other person acting on behalf of Grantee (collectively, "Grantee Parties," and each individually, a "Grantee Party"). For avoidance of doubt, the term "Grantee Parties" shall include Grantee. B. In the event that Grantee assigns this Agreement to a Qualified Transferee as provided in Section 7 above that is not a governmental entity,such Qualified Transferee,by its acceptance EASEMENT AGREEMENT Page 9 Of[_I of a deed from Grantee in accordance with Section 7, AGREES TO PROTECT, DEFEND (UPON REQUEST WITH COUNSEL REASONABLY ACCEPTABLE TO RELEASED PARTIES), INDEMNIFY, REIMBURSE AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL LOSSES/CLAIMS, (A) ARISING, DIRECTLY OR INDIRECTLY, OUT OF, FROM OR IN CONNECTION WITH, IN WHOLE OR IN PART, THE CONDITION, USE OR CONTROL OF THE EASEMENT AREAS (INCLUDING, WITHOUT LIMITATION, ANY GRANTOR'S PROPERTY, OTHER IMPROVEMENTS, EQUIPMENT AND/OR OTHER PROPERTY OR EQUIPMENT THEREON), OR (B) IMPOSED UPON OR INCURRED BY OR ASSERTED, DIRECTLY OR INDIRECTLY, AGAINST ANY RELEASED PARTY,IN WHOLE OR IN PART,BY REASON OF(I)ANY FAILURE ON THE PART OF GRANTEE TO PERFORM OR COMPLY WITH ANY OF THE TERMS OF THIS AGREEMENT, (II) ANY ENFORCEMENT OR REMEDIAL ACTION TAKEN BY ANY RELEASED PARTY IN THE EVENT OF ANY GRANTEE PARTY'S (AS DEFINED BELOW) FAILURE TO PERFORM OR COMPLY WITH THE TERMS OF THIS AGREEMENT; (III) ANY LITIGATION INVOLVING, CONCERNING OR RESPECTING THIS AGREEMENT, THE PROPERTY OR THE USE OR OCCUPANCY THEREOF BY GRANTEE PARTIES, OR(IV) ANY ACTION BY A LAW ENFORCEMENT OR REGULATORY OFFICIAL WITH RESPECT TO ANY ACT OR CONDUCT BY ANY GRANTEE PARTY IN CONNECTION WITH THE PROPERTY, in each case,except to the extent arising from negligence or willful misconduct of Grantor. Said Qualified Transferee shall be liable to the Released Parties for any damages to the Property or any portion thereof(including,without limitation, any improvements, equipment and/or other personal property or equipment thereon), and for any act or omission by Grantee or any employee, agent, contractor, subcontractor, invitee, licensee, representative, successor, assignee, guest of Grantee or any other person acting on behalf of Grantee (collectively, "Grantee Parties," and each individually, a "Grantee Party"). For avoidance of doubt, the term"Grantee Parties"shall include Grantee. For purposes of the indemnity provisions in this Agreement, any act or omission of any Grantee Party (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Grantee and as such shall fall within the scope of Grantee's obligation to indemnify the Released Parties. The Released Parties need not have first paid any such Losses/Claims to be so indemnified and held harmless by Grantee. Grantee,upon written notice from Grantor,shall defend any Losses/Claims against any Grantor Party at Grantee's sole expense, using legal counsel reasonably satisfactory to Grantor. Grantee shall promptly notify Grantor in writing if Grantee obtains knowledge of any potential Losses/Claims against Grantor in connection with the Property or in any way related to the use of the Property by Grantee, and such notice shall set forth reasonable detail of such potential Losses/Claims. Grantee's obligations under this Section 10 shall survive the surrender or termination of this Agreement. 11. Hazardous Materials. In addition to Grantee's obligations under the Soil Management Plan, Grantee's obligations and responsibilities with respect to Hazardous Materials (as hereinafter defined) shall be as follows: A. Grantee hereby covenants and agrees to use and operate, and shall ensure that all Grantee Parties, use and operate, the Easement and Improvements (if any) in compliance with any and all Environmental Laws (as hereinafter defined), and shall be solely responsible for securing all environmental and other permits and approvals required for Grantee's use and operation of the Easement and Improvements(if any). B. Except for chemicals and fuel of a nature and in quantities reasonably necessary to be used in connection with the construction,operation,maintenance and repair of the Easement Improvements, EASEMENT AGREEMENT Page 10 of[_I Grantee shall not cause or permit any Hazardous Materials to be brought upon,kept,used, stored, generated or disposed of(each, a"Use")on,in or about the Easement Areas by Grantee,its agents, representatives, employees, contractors or invitees; provided, that Grantee shall have no responsibility for any Hazardous Materials existing in the Easement Areas prior to the Effective Date except to the extent Grantee's operations disturb such Hazardous Materials. Grantee shall at its own expense be responsible for all Losses/Claims arising out of the Use or disturbance of Hazardous Materials to the extent attributable to Grantee's operations. C. Grantee shall also take any and all actions necessary or desirable to return the Easement Areas to a substantially similar condition (and in any event in no worse condition), subject to Remediation, as existed immediately prior to Grantee's activity on the Easement Areas. D. Grantee will bear the sole cost and expense of properly handling and disposing of all soil excavated on and groundwater removed from the Easement Areas in accordance with the Soil Management Plan(including,without limitation,material excavated from submerged land). E. Grantee shall give prompt (within 48 hours) notice to Grantor of Grantee becoming aware of any violation of or noncompliance with the provisions of this Section 11. This Section 11 shall survive the surrender or termination of this Agreement. 12. Insurance. A. Coverage. Grantee shall, and shall require its contractors and subcontractors who perform any work in the Easement Areas to, maintain or shall cause to be maintained, in full force and effect throughout the Term, at Grantee's or Grantee's contractors' or subcontractors' sole cost and expense,the insurance described below with reputable licensed insurance carriers satisfactory to Grantor in its reasonable discretion,with coverages and limits at levels customary in the industry for performing work, activities, operations and services similar to those to be performed as described in this Agreement but at levels not less than the minimums indicated below, and with Grantor named as additional insured to the extent of Grantee's performance and indemnity obligations under this Agreement: i. General Liability Insurance. General liability policy, including contractual liability, insuring Grantee as named insured and Grantor as named insured or additional insureds, as applicable,against any claims of liability of every kind and nature,for bodily injury to, or death of,any person and for damage to the property of any person or legal entity arising out of Grantee's performance hereunder and caused by Grantee's or its agents,contractors or employees acts, defaults or negligence in minimum amounts of no less than $5,000,000.00 per occurrence for bodily injury and property damage with an annual aggregate limit of $10,000,000.00. Such policy shall also include Premises Medical Expense coverage in the amount of$5,000.00, Personal and Advertising Injury coverage in the amount of$1,000,000.00, and Fire Damage (Damage to Rented Premises) in the minimum amount of$500,000.00. Such insurance may be in combination with one or more underlying and excess policies. ii. Workers' Compensation Insurance. Workers' Compensation Insurance in the statutory amount required by the Workers' Compensation Law of the state in which the Easement Areas are located. EASEMENT AGREEMENT Page 11 of[_] iii. Employers' Liability Insurance. Employers' Liability Insurance in the minimum amount of$500,000.00. iv. Commercial/Business Automobile Liability Insurance. Insurance covering all vehicles licensed for highway use (owned, hired, leased or borrowed) used by any such party against any claims of liability of every kind and nature, for bodily injury to, or death of, any person and for damage to the property of any person or legal entity in the minimum amount of$500,000(combined single limit per occurrence). Notwithstanding the forgoing, so long as Grantee is a governmental entity that is self-insured, Grantee shall not be obligated to provide any such coverages with Grantor named as an additional insured but otherwise shall have the right to self-insure all or a portion of the forgoing insurance coverage requirements as to Grantee only;provided,that Grantee's self-insurance of the forgoing insurance coverage requirements qualified in such manner shall not limit or otherwise impair the obligation of Grantee's contractors or subcontractors to obtain and maintain the insurance coverage required under this Section 12. B. No Further Changes and Rating. Each of the above policies shall contain provisions giving Grantor and its designated representatives at least 30 days'prior written notice of a material change in or cancellation of coverage; provided, however, in the event such provisions cannot be incorporated in such policies,either by endorsement or otherwise, Grantee is obligated to provide at least 30 days'prior written notice to Grantor of a material change in or cancellation of coverage. If Grantee is advised of any material change in coverage being made by any carrier, Grantee shall so notify Grantor or its designated representatives in writing. The cost of all insurance set forth above shall not be paid by Grantor. All policies required to be carried by Grantee's contractors and subcontractors hereunder shall be issued by an insurance company licensed or authorized to do business in the State and with a rating of at least B+ or better as set forth in the then-current issue of Best's Insurance Reports (as may be amended and updated from time to time), unless otherwise approved by Grantor. C. Certificates and Endorsements. Prior to entering into the Easement Areas and so long as Grantee is not a governmental entity, Grantee shall deliver to Grantor a certificate and endorsement from the insurance company issuing the policy listing Grantor,as named insureds or additional insureds, as applicable, thereunder and, if requested, copies of the policies of insurance representing the required insurance coverage. This requirement is not applicable for Workers' Compensation Insurance, Employers' Liability Insurance, or Commercial/Business Automobile Liability Insurance. D. No Limitation of Liability. The foregoing insurance coverages are minimum requirements and the maintenance thereof shall in no way limit the liability of Grantee under this Agreement. Any insurance maintained by Grantor shall in no way limit the liability of Grantee under this Agreement. E. Waiver of Subrogation. Grantee and Grantor agree on behalf of themselves,and all others under them, including any insurer, to waive all claims against each other for losses occurring due to operations undertaken as per this Agreement,to the extent covered by insurance, and to agree to obtain waivers of subrogation rights from any insurer, if available. This waiver shall apply only to the extent of actual insurance proceeds received with respect to losses occurring due to operations undertaken as per this Agreement existing between Grantor and Grantee and shall not be construed to be a waiver with respect to other operations. This waiver does not apply in any jurisdiction or situation in which such waiver is held to be illegal or against public policy or if EASEMENT AGREEMENT Page 12 of[_I insurance coverage would be voided by the waiver.This Section 12(E) shall survive the surrender or earlier termination of this Agreement. F. Miscellaneous. The insurance policies required to be obtained in this Section 12(except Workers' Compensation Insurance and Employers' Liability Insurance) shall be primary and non- contributory with any insurance carried by Grantor with respect to any claims arising out of the performance or non-performance of Grantee's duties and activities within the scope of this Agreement or arising from any action or activity on, or condition of, the Property or Easement Areas and the indemnity provided in this Agreement shall not be limited by any insurance proceeds that may be available to Grantee and/or Grantor. 13. Liens. A. General. Grantee shall not incur or suffer any liens or encumbrances to be levied or asserted against the Property other than the Easement provided under this Agreement,the Easement Improvements (if applicable) and any other improvement thereon or appurtenance thereto. Grantee may execute a deed of trust or security agreement in connection with Grantee's rights under this Agreement, the Easement Improvements, and Grantee's personal property, trade fixtures and equipment located upon the Easement Areas; provided, however, that no such security interest shall attach to Grantor's Property. B. No Mechanic's, Contractor's, or Materialman's Liens. Grantee hereby covenants and agrees that it shall keep the Property free from any involuntary liens arising from any work performed, materials furmshed or obligations incurred by Grantee with respect to its activities on the Easement Areas. If a mechanic's,contractor's, or materialman's lien is filed on the Property in connection with Grantee's operations on the Easement Areas,then upon Grantor's written notice to Grantee, Grantee shall promptly pay or bond over the lien or otherwise remove the lien from title to the Property. If any such lien remains of record and is not bonded by Grantee within 60 days after such notice from Grantor, then Grantor may, but is not obligated to, discharge the lien. Any amounts paid by Grantor to remove the lien, including, without limitation, costs, expenses, attorneys' fees and interest, shall be due from Grantee to Grantor immediately upon Grantee's receipt of notice thereof. This Section shall survive the expiration or termination of this Agreement. C. Estoppel Certificate. Within 30 days after either party has made a request therefor (and which request shall not be made more than two times per calendar year),the non-requesting party shall sign and deliver to the requesting party a certificate signed by the non-requesting party confirming and containing such factual certifications and representations as to this Agreement as such requesting party,or such requesting party's lender,may reasonably request. 14. Damage by Casualty. A. All personal property of every kind whatsoever brought or placed in or upon any part of the Easement Areas shall be at the risk of Grantee or of the person owning the same, and neither Grantor nor Grantor's Affiliates shall be liable for any loss or damage thereto,whether such loss or damage is caused by any natural occurrence, structural defect or collapse,theft,or by the act of neglect of any person or any other cause of any description. B. As part of the consideration for this Agreement,Grantee does hereby release Grantor and Grantor's Affiliates,from all liability and responsibility for any loss or damage to Grantee's personal property as a result of fire or other casualty,even if such loss or damage is caused by the negligence of Grantor or Grantor's Affiliates. EASEMENT AGREEMENT Page 13 of[_] C. Grantee shall not commit or permit the commission of any hazardous acts on the Easement Areas or use or permit the use of the Easement Areas in any manner that will increase the existing rates for or cause the cancellation of any fire,liability or other insurance policy insuring the Easement Area, improvements,equipment,the remainder of the Property,or other personal property of Grantor that may be located on the Property or Easement Areas. 15. Binding on Successors. Subject to the termination provisions stated herein and the prohibition on assignment set forth in Section 7 hereof, this Agreement shall bind and inure to the benefit of the parent companies, subsidiaries, affiliates, members, managers, owners, partners, officers, board members, directors, shareholders, executives, employees, insurers, agents, legal representatives, estates, heirs, successors, and assigns of each of the parties hereto, as applicable, except that other than a Permitted Transfer,no assignment or transfer by Grantee without the written consent of Grantor shall vest any right in such assignee or transferee of Grantee. 16. No Public Dedication. Nothing contained in this Agreement shall be deemed a gift or dedication of any portion of the Easement Areas or Property to the general public for the use or benefit of the general public or for any public purpose whatsoever. 17. Entire Agreement and Amendments; Recitals. This Agreement and all exhibits and addenda attached hereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and no subsequent amendment or agreement shall be binding upon either party unless it is signed by each party- 18. Grantor Reservation of Rights. Grantor reserves the right to use and enjoy the entire Property for any purpose desired by Grantor,including but not limited to,the full,free and perpetual right and privilege,in common with Grantee,to use the Easement Areas for any other purpose desired by Grantor, subject to the specific Easements granted herein. Without limiting the generality of the foregoing, but subject to the specific Easements granted herein, (a) Grantor reserves the right,but not the obligation, in common with Grantee to the extent expressly permitted in this Agreement, to lay, construct and/or maintain utilities, pipelines and wells, (b) Grantor reserves the sole and absolute right, but not the obligation, (i) to lay, construct and/or maintain any other equipment and improvements relating to Grantor's present and future operations on the Property,of whatever kind or nature (collectively,the "Grantor's Operations"), (ii)to grant easements, rights-of-way or other interest in and to the Property (including, without limitation, for use for utility lines or in connection with the production, saving, and marketing of Natural Resources or otherwise in connection with Grantor's Operations), (iv) to sell, lease, negotiate and receive surface damages, drill, mine or otherwise extract the Natural Resources from the Property, and (v) to grant contracts, licenses or leases related to any Natural Resources, including, without limitation, oil and gas leases, mineral leases, wind leases, water leases, solar leases, timber leases or contracts, gypsum leases, seismic exploration leases, division orders, pipe line and unitization agreements, and (c) Grantee acknowledges that the owner of any of the rights in Natural Resources,whether Grantor or another party, may have (and expressly reserves hereby) all rights to the Natural Resources;provided that, Grantor does not reserve or retain, and hereby waives and relinquishes any and all rights to use the surface of the Easement Areas for operations in connection with the exploration, development and production of the Natural Resources of whatever kind or nature (the "Surface Waiver"). The Surface Waiver shall not restrict Grantor from mining,drilling,exploring,operating,developing or extracting the Natural Resources by means of pooling, directional drilling or other methods that do not require utilization of the surface of the Easement Areas so long as such activities do not cause any interference with the surface of the Easement Areas through subsidence,expansion, or any other shifting. Further,this Agreement is subject to any existing contracts,leases,licenses,easements,rights of way or other interests in and to the Property granted in connection with Grantor's Operations and/or granted for the use and/or removal of any Natural EASEMENT AGREEMENT Page 14 of[_I Resources in, on, about or underlying the Property, if any. For the purposes of this Agreement,the term "Natural Resources" shall mean, collectively, all natural resources in, on, about or underlying the Property, including, without limitation, wind, solar, timber, coal, oil and gas and other hydrocarbons, limestone, caliche,gypsum,water,minerals and other similar materials or substances lying on or beneath the surface,but Grantor specifically acknowledges that such reservation of Natural Resources does not in any manner limit Grantee's ability to draw seawater on and adjacent to the Easement Areas for the purposes of operation of the Project. This Agreement shall confer no rights to Grantee in or to Natural Resources, and,except as expressly set forth in this Agreement,Grantee shall not have the right to use any of Grantor's Property other than the Easement Areas without the prior written consent of Grantor, which may be withheld in Grantor's sole and absolute discretion. Except for Grantee's reasonable exercise of its right to use the Easement Areas in accordance with this Agreement, Grantee hereby covenants and agrees that it shall not(nor shall it allow any Grantee Party to)interfere with the utilization of the surface of the Property in connection with any rights to the Natural Resources. 19. Captions and Interpretation; Recitals. The captions of this Agreement are for convenience only and are not to be construed as a part of this Agreement and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. The recitals are incorporated herein by reference and made a part hereof in all respects. This Agreement was initially drafted by Grantor as a matter of convenience and by agreement following negotiations with Grantee. The parties agree that no presumption or interpretation will be imposed by or against either party as a result thereof. Wherever in this Agreement (or any exhibits or addenda attached hereto) Grantor's approval or consent is required, Grantor's approval or consent may be withheld in Grantor's sole and absolute discretion, unless expressly stated otherwise. The use of the terms "hereof.. ..hereunder" and "herein" shall refer to this Agreement as a whole except where noted otherwise. Additionally, feminine or neuter pronouns may be substituted for masculine and the plural may be substituted for singular or singular for plural. Whenever in this Agreement (or any exhibits or addenda attached hereto)the term"Property"is used,such use shall refer to the entire Property, including,without limitation,the Easement Areas. 20. Limitation on Right of Recovery Against Grantor. Grantee acknowledges and agrees that the liability of Grantor under this Agreement or any matter relating to or arising out of the occupancy or use of the Easement Areas shall be limited to Grantee's actual direct, but not consequential, damages therefor. For the purposes of this Section 20, the term "Grantor" shall mean and include all Released Parties. The provisions hereof shall inure to Grantor's successors and assigns. The foregoing provisions are not intended to relieve Grantor from the performance of any of Grantor's obligations under this Agreement, but only to limit the personal liability of Grantor in case of recovery of a judgment against Grantor. 21. Waivers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRANTEE HEREBY WAIVES THE BENEFIT OF ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY AND/OR THE EASEMENT AREAS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE TO THE PROPERTY OR EASEMENT AREAS OR ANY IMPLIED WARRANTY THAT THE EASEMENT AREAS ARE SUITABLE FOR ANY PARTICULAR PURPOSE. NO GRANTOR PARTY HAS MADE ANY REPRESENTATIONS, COVENANTS OR WARRANTIES AS TO TITLE OR ANY OTHER MATTERS AFFECTING OR RELATED TO THE PROPERTY,THE EASEMENT OR THE EASEMENT AREAS AND THE SAME ARE ACCEPTED BY GRANTEE"AS-IS,WHERE-IS." 22. GRANTEE'S VOLUNTARY WAIVER OF SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE CONTRARY,PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 271.151,ET SEQ., AND TEXAS LOCAL GOVERNMENT CODE SECTION 212.172(1), GRANTEE HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT IN ANY EASEMENT AGREEMENT Page 15 of[_I LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS BETWEEN GRANTOR AND GRANTEE WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT. GRANTEE ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. GRANTEE HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS AGREEMENT AND ALL ANCILLARY AGREEMENTS RELATED HERETO AND BINDS ITSELF TO THE TERMS OF THIS AGREEMENT AND SUCH ANCILLARY AGREEMENTS IN ALL RESPECTS. To the extent permitted by applicable law,Grantee further waivers and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar, limit,or otherwise affect the ability of Grantor to enforce this Agreement. The provisions of this Section 22 shall expressly survive the termination of this Agreement. 23. JURY WAIVER. IT IS MUTUALLY AGREED BY AND BETWEEN GRANTOR AND GRANTEE THAT THE RESPECTIVE PARTIES WAIVE TRIAL BY JURY IN ANY ACTION,PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF THIS AGREEMENT. 24. Venue. Grantor and Grantee hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Agreement to the jurisdiction of any State court of appropriate jurisdiction or any United States federal court sitting in the county in which the Easement Areas are located. Grantor and Grantee hereby irrevocably waive any objection that Grantor and Grantee may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Grantor and Grantee consent to any methods of service of process provided for under applicable laws. The provisions of this Section 24 shall expressly survive the termination of this Agreement. 25. Choice of Law. THIS AGREEMENT, AND ALL THE RIGHTS OF THE PARTIES SHALL BE GOVERNED AS TO THE VALIDITY, INTERPRETATION, CONSTRUCTION, ENFORCEMENT AND IN ALL OTHER RESPECTS BY THE LAW OF THE STATE, WITHOUT REGARD TO ITS RULES AND PRINCIPLES REGARDING CONFLICTS OF LAWS OR ANY RULE OR CANON OF CONSTRUCTION WHICH INTERPRETS AGREEMENTS AGAINST THE DRAFTSMAN. The provisions of this Section 24 shall expressly survive the expiration or earlier termination of this Agreement. 26. Time. Time is of the essence of this Agreement. The term"days"shall be deemed to mean calendar days unless"Business Days" are specifically referenced. As used herein,"Business Days"means any day that is not a Saturday, Sunday or federal or state holiday. If the expiration date by which a party is required to make a payment or notice to the other party or such other party's representative under the terms of this Agreement falls on a weekend or on a State or federal holiday, then such expiration date for receipt of payment or notice shall be extended until the next Monday or non-holiday,as the case may be. Otherwise, the expiration date for performance of any action or activity shall be on the calendar day specified, regardless of whether such expiration date falls on a weekend or State or federal holiday. 27. Severability. If any clause or provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then the remainder of this Agreement shall not be affected thereby and in lieu of such clause or provision,there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. 28. No Implied Rights; Development Agreement. Grantor and Grantee agree that this Agreement will not be construed as conferring any legal or other implied rights,except for those rights and privileges expressly EASEMENT AGREEMENT Page 16 of[_I granted herein; provided, that the parties acknowledge and agree that this Easement Agreement is being entered into in connection with the Development Agreement, and that the provisions of the Development Agreement (including, without limitation, its provisions on remedies and Section 212.172(b)(9), which authorizes the parties to include other lawful terms and considerations the parties consider appropriate)are incorporated herein by reference and made a part hereof. 29. No Offer. The submission of this Agreement to Grantee shall not be construed as an offer, and Grantee shall not have any rights under this Agreement unless Grantor executes a copy of this Agreement and delivers it to Grantee. 30. Counterparts. This Agreement may be executed in any number of counterparts,by facsimile,attachment to an email, portable document format (.pdf) or other electronic transmission, each of which shall be deemed an original for all purposes, with the same effect as if all parties had executed one instrument. Executed signature pages from different counterpart originals of this Agreement may be combined to form a single original instrument for recording and evidentiary purposes. 31. Survival of Obligations. The provisions of this Agreement with respect to any obligation of Grantee to pay any sum owing or to perform any act after the surrender or termination of this Agreement shall survive the surrender or termination of this Agreement, including, without limitation, the provisions of Sections 2(C) and 2(D) (Term), Section 5 (Damages Caused by Grantee), Section 6 (Taxes), Section 10 (Release, Indemnity and Hold Harmless), Section 11 (Hazardous Materials), Section 12 (Insurance), Section 13 (Liens), and Section 22 (Grantee's Voluntary Waiver of Sovereign Immunity from Liability and Suit); provided that, such obligations shall be enforceable for a period of four years following the later to occur of the termination of this Agreement or the discovery of any matters requiring such performance, but in any event no longer than ten years for the date of termination of this Agreement. 32. Notice of Action by Law Enforcement or Regulatory Officials. If,at any time,(a)Grantee is the subject of any action by law enforcement or a regulatory official in connection with (i) any of Grantee's actions or conduct on the Easement Areas,or(ii)the acts of any third party in connection with the Easement Areas, or (b) any law enforcement or regulatory official commences an inspection or other investigation of the Easement Areas or Grantee's activities thereon for any reason,then Grantee is obligated to give immediate written notice (within 48 hours) to Grantor of such action or entry, as applicable. Such action includes, without limitation, known investigations, execution of warrants, seizure and/or destruction of property, arrests,or notice of any type of pending or future legal action,whether regulatory,civil,or criminal. 33. Authority. Grantee and Grantor hereby represent and warrant to each other that: (a)such party is in good standing under the laws of the State;(b)such party has full power and authority to enter into this Agreement and to perform all of such party's obligations under this Agreement; and (c) each person (and all of the persons if more than one signs) signing this Agreement on behalf of such party is duly and validly authorized to do so. Without limiting the generality of the foregoing, Grantee further represents and warrants to Grantor that this Agreement has been approved by resolution or ordinance duly adopted by the City Council of the City of Corpus Christi in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and the individual executing this Agreement on behalf of Grantee has been duly authorized to do so. 34. No Joint Venture or Partnership. It is expressly understood that no Grantor Party shall hereby, in any way or for any purpose whatsoever,become a partner or principal of Grantee in the conduct of Grantee's business or a joint venturer or member of a joint enterprise with Grantee, and any Grantor Party and Grantee will not,by virtue of this Agreement, in any way or for any reason be deemed to have become a partner of the other in the conduct of its business or otherwise, or a joint venturer. In addition,by virtue of this Agreement there shall not be deemed to have occurred a merger of any joint enterprise between EASEMENT AGREEMENT Page 17 of[_I Grantor and Grantee. 35. Notices. Any notice required or permitted to be given hereunder shall be either(i) in writing, sent to the recipient by nationally-recognized overnight delivery service or U.S. registered or certified mail,postage prepaid,return receipt requested or(ii)by electronic mail to the intended addressee at the electronic mail address set forth herein,delivery receipt requested,and accompanied with a hardcopy writing sent by U.S. mail,in each case, addressed as follows: If to Grantor: Flint Hills Resources Corpus Christi,LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita,Kansas 67220 Email: roger.tennapel@fhr.com With a copy to: Flint Hills Resources Corpus Christi,LLC Attention: Kim Boatright 4111 East 37th Street North Wichita,Kansas 67220 Email: kim.boatright@fhr.com With a copy to Holland&Knight LLP (which shall not Attn: Eugene Segrest,Esq. constitute notice) One Arts Plaza 1722 Routh Street, Suite 1500 Dallas,Texas 75201 Email: gene.segrest@hklaw.com If to Grantee: City of Corpus Christi,Texas Attn: City Manager 1201 Leopard Street Corpus Christi,Texas 78401 Email: peterz(2cctexas.com City of Corpus Christi,Texas Attn: City Attorney 1201 Leopard Street Corpus Christi,Texas 78401 Email: milesrkcctexas.com City of Corpus Christi,Texas Attn: Water Department 2726 Holly Road Corpus Christi,Texas 78415 Email: estebanr2&cctexas.com For all purposes hereunder,any such notice shall be deemed to have been properly given on the earliest of (a)actual receipt,(b)refusal to accept receipt,(c)the same day it is deposited with a nationally-recognized overnight delivery service with all charges prepaid in full,and(d)three Business Days after depositing the same with the U.S. Postal Service,with postage fully prepaid. 36. Defined Terms. Capitalized terms used in this Agreement and not otherwise defined herein have the EASEMENT AGREEMENT Page 18 of[_I meanings set forth below: Affiliates: With respect to any Person, any other Person directly or indirectly Controlling or Controlled by or under direct or indirect common Control with such Person. Control: The possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities or general partnership or managing member interests,by contract or otherwise. "Controlling" and "Controlled"shall have correlative meanings. Without limiting the generality of the foregoing, a Person shall be deemed to Control any other Person in which it owns, directly or indirectly, a majority of the ownership interests. Environment: Any surface water,groundwater, drinking water supply, soil, sediments, ground surface,subsurface strata or ambient air. Environmental Condition(s): Any circumstance or set of circumstances in,on,under or about the Property or surrounding properties that arise directly or indirectly out of or related to the presence,suspected presence,release or threatened release of any Hazardous Material. Environmental Laws: Any and all Legal Requirements or Orders, rules, codes, policies, directives,standards,licenses,or permits of any Governmental Body relating to the Environment (as each and all of the foregoing may be amended from time to time), including, without limitation,those relating to the exposure to,use,Release,emission,presence,storage,treatment, generation, transportation, processing, or handling of Hazardous Materials, or solid or other waste previously, presently or hereafter in effect, including the Safe Drinking Water Act, 42 U.S.C. § 300f et seq.; the Federal Insecticide, Fungicide & Rodenticide Act, 7 U.S.C. § 136 et seq.;the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Oil Pollution Act of 1990, 33 U.S.C. § 2701 et seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C. § 9601 et seq.; and the Emergency Planning and Community Right to Know Act,42 U.S.C. § 11001 et seq.; and all similar statutes adopted by the State of Texas and/or any other Governmental Body; and any and all implementing regulations relating to any of the foregoing. Governmental Body: Any (a) nation, state, county, city, town, village, district, territory, or other jurisdiction of any nature; (b)federal,state,local,municipal,foreign,or other government; (c) governmental authority of any nature (including, without limitation, any governmental agency, branch, department, official, or entity and any court or other tribunal); or (d) body exercising, or entitled to exercise, any administrative, executive, judicial, legislative, police, regulatory,or taxing authority or power of any nature. Hazardous Material: Any "hazardous waste", "hazardous substance", "extremely hazardous substance", "toxic chemical', "hazardous chemical', "toxic pollutants", "contaminants", "chemical', "chemical substance", "mold" or "asbestos", including without limitation any petroleum product,lead based paint,asbestos containing material or polychlorinated biphenyl,as such terms are defined in any of the Environmental Laws,or related substances,in such quantities or concentrations as are regulated by such Environmental Laws or other applicable laws,or which may be declared to constitute a material threat to human health or to the Environment;provided, that seawater,water and constituents thereof shall not be considered Hazardous Material. EASEMENT AGREEMENT Page 19 Of[_I Legal Requirement: Any order,constitution,law,ordinance,regulation,statute,or treaty issued by any federal, state, local, municipal, foreign, international, multinational, administrative or other Governmental Body, any principle of common law or governmental interpretation thereof. Losses/Claims: Any and all claims,demands,administrative orders,causes of action(including causes of action in tort), remedial actions, losses, damages, liabilities,judgments, settlements, penalties, fines, costs and expenses (including attorneys' fees and court costs actually incurred) of any and every kind or character, known or unknown, whether based upon negligence, strict liability or otherwise. Order: Any award, decision, injunction,judgment, decree, order, ruling, subpoena, or verdict entered, issued, made, or rendered by any court, administrative agency, or other Governmental Body or by any arbitrator. Person: An individual, partnership, joint venture, limited liability company, association, corporation,trust or any other legal entity. Release or Released: Any spilling,leaking,pumping,pouring,emitting,emptying,discharging, injecting, escaping, leaching, dumping, migrating, or disposing (including, without limitation, the abandoning or discarding of barrels, containers and other closed receptacles containing any Hazardous Material)of a substance into the Environment. Released Parties: Grantor, Grantor's Affiliates, and their respective partners, shareholders, members,officers, agents,employees or representatives. Remediation: The investigation or remediation of soil,sediments,groundwater or surface water to industrial standards in order to address Releases of Hazardous Materials into such soils, sediments, groundwater or surface water, which may include, without limitation, risk-based remedies and engineering and institutional controls in addition to or in lieu of active cleanup if such measures are sufficient to achieve compliance with requirements of applicable Environmental Laws in effect from time to time. Without limiting the generality of the forgoing, any remediation conducted pursuant to Section 10 of this Agreement or the Soil Management Plan shall be considered "Remediation" for purposes of this Agreement. [Remainder of Page Intentionally Left Blank; Signature Pages Follow] EASEMENT AGREEMENT Page 20 of[_] IN WITNESS WHEREOF,the parties have signed this Agreement as of the Effective Date. GRANTOR: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company By: Name: Title: GRANTEE: CITY OF CORPUS CHRISTI,TEXAS a Texas home rule municipality By: Name: Title: APPROVED AS TO LEGAL FORM This day of ,20_. By: Miles Risley, City Attorney [Signatures continue on following page] EASEMENT AGREEMENT Page 21 of[_] Exhibit A(to Exhibit E) Legal Description of the Benefitted Property [To be inserted or attached] EASEMENT AGREEMENT Page 22 of[_] Exhibit B (to Exhibit E) Legal Description of the Property EASEMENT AGREEMENT Page 23 of[_] Exhibit C-1 (to Exhibit E) Description of Pipeline Easement Area [To be attached] Exhibit C-2(to Exhibit E) Description of Submerged Land Easement Area [To be attached] Exhibit C-3 (to Exhibit E) Description of Intake Pump Station Easement Area [To be attached] Exhibit C-4(to Exhibit E) Description of Access Easement Area [To be attached] Exhibit C-5(to Exhibit E) Description of Construction/Maintenance Easement Area [To be attached] Exhibit C-6(to Exhibit E) Description of Temporary Soil Storage Easement Area [To be attached] EASEMENT AGREEMENT Page 24 of[_] Exhibit D (to Exhibit E) FORM OF EASEMENT TERMINATION AGREEMENT When recorded,please return to: Holland&Knight LLP 1722 Routh Street, Suite 1500 Attn: Eugene Segrest,Esq. Dallas,Texas 75201 TERMINATION AND RELEASE OF EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This TERMINATION AND RELEASE OF EASEMENT AGREEMENT (this "Termination and Release")is made by the CITY OF CORPUS CHRISTI,TEXAS,a Texas home rule municipality(the "C�") in favor of FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("Owner"). RECITALS A. Reference is hereby made to that certain Easement Agreement(the "Easement Agreement")dated effective as of ,by and between Owner,as grantor, and City, as grantee,which was recorded on as Document No. in the Official Public Records of Nueces County,Texas,pursuant to which Owner granted to City certain easements(collectively,the "Easements")over and across a portion of property owned by Owner and more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (such property,the "Pro e "); and B. This Termination and Release of Easement Agreement is being executed and delivered contemporaneously with a special warranty deed between the City, as grantor,and Owner,as grantee, of even date herewith covering the Benefitted Property (as defined in the Easement Agreement) located in Nueces County, Texas, which special warranty deed has been executed and delivered pursuant to certain rights of repurchase by Owner concerning such Benefitted Property evidenced in that certain Special Warranty Deed dated effective as of from Owner, as grantor,to the City, as grantee,which was recorded as Document No. in the Official Public Records of Nueces County,Texas; and C. Pursuant to the terms and conditions of the Easement Agreement, the Easement Agreement and associated Easements have terminated by the terms of the Agreements. Accordingly,the City is executing this Termination and Release as required pursuant to the terms and conditions of the Agreements. AGREEMENT NOW THEREFORE, for and in consideration of$10.00, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and confessed,the City hereby terminates, discharges,and releases all of its right,title and interest in the Easements and the Easement Agreement. Except with respect to the obligations of the City set forth in the Agreements that expressly survive termination and release of the Easements and Easement Agreement,which obligations the City acknowledges remain in full force and effect,the City acknowledges and agrees that the Property is released from and is no EASEMENT AGREEMENT Page 25 of[_I longer subject to or burdened by the Easements or the Easement Agreement. The Recitals hereof are incorporated herein by reference and made a part hereof for all purposes. [Signature page follows] EASEMENT AGREEMENT Page 26 of[_] EXECUTED on the date set forth in the acknowledgment below to be effective as of the day of 20 Grantor: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC,a Delaware limited liability company By: Name: Title: STATE OF § § ss. COUNTY OF § The foregoing instrument was acknowledged before me this day of ,20_,by , the [insert: title/position of signatory] of FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company,on behalf of the limited liability company. Type Notary Name: Notary Public in and for the State of My appointment expires [Signature Pages Continue] EASEMENT AGREEMENT Page 27 of" GRANTEE: CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality By: Printed Name: Title: APPROVED AS TO LEGAL FORM This day of ,20_. By: City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 , by of the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality,on behalf of said municipality. (seal) Notary Public, State of Texas EASEMENT AGREEMENT Page 28 of" Exhibit A(to Exhibit D to Exhibit E) (To Termination and Release of Easement Agreement) [Insert legal description of the Property] EASEMENT AGREEMENT Page 29 of[_I EXHIBIT G FORM OF DEVELOPMENT AGREEMENT Development Agreement STATE OF TEXAS § COUNTY OF NUECES § This DEVELOPMENT AGREEMENT(the"Agreement")is entered into by and between the City of Corpus Christi, a Texas home-rule municipality (hereinafter referred to as the "City"), and Flint Hills Resources Corpus Christi, LLC, a Delaware limited liability company, its successors and assigns (hereinafter referred to as"Flint Hills"),for the purpose of setting forth the terms and obligations between City and Flint Hills with respect to (i) the sale of certain land located in Nueces County, Texas, as more particularly described herein ("Purchase Pronerty') and(ii)the conveyance of certain easements located in Nueces County,Texas for the purpose of constructing certain infrastructure that will serve the Purchase Property (each an "Easement", and collectively, the "Easements", and the Easements,together with the Purchase Property,collectively,the "Progerty'),which Easements shall be more particularly described in that certain Easement Agreement by and between Flint Hills, as grantor, and the City, as Grantee, which shall be in form and substance substantially identical to the form of easement agreement attached hereto as Exhibit D and incorporated herein by reference (the"Easement Agreement"). RECITALS WHEREAS,the City is a home rule municipal corporation of the State of Texas; WHEREAS,Flint Hills is a Delaware Limited Liability Company; WHEREAS, Flint Hills and the City are sometimes individually referred to as a "Party" and collectively as the "Parties"; WHEREAS, Flint Hills and the City have entered into a Purchase and Sale Agreement dated 2022 ("PSA"),executed by the Parties for,among other things,(i)the conveyance of the Purchase Property by Flint Hills to the City more fully described on Exhibit A and Exhibit B attached hereto and(ii) the grant of the Easements by Flint Hills to the City on the terms and conditions of the Easement Agreement; WHEREAS, after the consummation of the transaction contemplated by the PSA and transfer of the Purchase Property by Flint Hills to the City pursuant to the Deed (hereinafter defined) and grant of the Easements by Flint Hills to the City pursuant to the Easement Agreement(collectively,the "Closing"),the City desires and intends to construct and operate a water desalination and treatment plant and related facilities on the Property(the "Project"); WHEREAS,the Purchase Property has been disannexed from the city limits of the City of Corpus Christi pursuant to that certain [INSERT DESCRIPTION OF DISANNENATION APPROVAL], dated effective as of[1,20[ ; WHEREAS, in connection with the PSA, Flint Hills and the City contemplate entering into the following agreements: (i)the Special Warranty Deed(the"Deed") from Flint Hills, as grantor,to the City, as grantee,for conveyance of the Purchase Property pursuant to the terms and conditions of the PSA,which shall be in form and substance substantially identical to the form of special warranty deed attached hereto as Exhibit C,(ii)the Easement Agreement for conveyance of the Easements for the purpose of constructing certain infrastructure that will serve the Purchase Property,(iii)a soil management plan,which shall address the City's obligations with respect to any soil disturbed on the Easements in connection with the Project (the"Soil Management Plan"),which shall be in form and substance substantially identical to the form of plan attached hereto as Exhibit E, subject to modifications as required by changes in environmental conditions, applicable laws, and construction methods, (iv) an agreement related to the escrow of certain documents by Flint Hills and the City pursuant to the terms and conditions of the PSA including,without limitation, a reannexation petition described below ("Escrow Agreement"), which shall be in form and substance substantially identical to the form of escrow agreement attached as Exhibit F, (v) a Repurchase Right Reimbursement Agreement by Flint Hills and the City pursuant to the terms and conditions of the PSA ("Reimbursement Agreement"),which shall be in form and substance substantially identical to the form of agreement attached as Exhibit G, and (vi) [insert additional identified agreements to be executed at the Closing] (the PSA, the Deed, the Easement Agreement, the Soil Management Plan, the Escrow Agreement,the Reimbursement Agreement and the [list any additional defined documents] are referenced as the "Proiect Agreements" and each a"Project Agreement"), all of which Project Agreements contain obligations owed by the City to Flint Hills occurring both before and after the Closing; WHEREAS, the Parties agree and stipulate that the terms of the Easement Agreement are within the scope of a development agreement as provided for by Section 212.171, et. seq., of the Texas Local Government Code pursuant to Texas Local Government Code Section 212.172(b)(5)as a written contract to provide infrastructure for the Purchase Property, including, without limitation, an intake pump station, pipelines,intake and outfall structures and access are necessary infrastructure for operations on the Project Property,without which the Project could not operate; WHEREAS,the Parties agree and stipulate that the terms of the Project Agreements are within the scope of a development agreement as provided for by Section 212.171, et. seq., of the Texas Local Government Code pursuant to Texas Local Government Code Section Texas Local Government Code Section 212.172(b)(9) as being, and including, other lawful terms and conditions as the Parties consider appropriate; WHEREAS,in general,cities and other governmental entities in Texas have sovereign immunity; WHEREAS,the Parties agree the execution of this Agreement will effect a waiver by the City of any claim of sovereign immunity related to Project Agreements,such that the Project Agreements are fully enforceable by Flint Hills against the City; and WHEREAS,the Parties intend that this Agreement be(i)a development agreement as provided for by Section 212.171, et. seq., of the Texas Local Government Code and(ii) a Permit(as defined in Section 245.001 of the Texas Local Government Code)issued in favor of Flint Hills pursuant to Section 245 of the Texas Local Government Code. AGREEMENT NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this Agreement, and for other good and valuable consideration the receipt and adequacy of which are acknowledged and agreed by the Parties,the Parties agree as follows: 1. Description of the Property. The Purchase Property is more fully described in Exhibit A and depicted on the plat attached hereto as Exhibit B. 2. PSA. Upon the execution and delivery of this Development Agreement, all of the terms and conditions of the PSA are incorporated herein by reference as if fully set forth at length as terms and conditions of this Agreement and shall become the ongoing obligations of the City enforceable according to the terms of the PSA. The incorporation by reference of the PSA into this Development Agreement is for the sole purpose of making the PSA additional terms and considerations of the Development Agreement and enforceable pursuant to Section 212.171, et sea., of the Texas Local Government Code, as amended from time to time.Nothing herein shall modify the obligations of the parties under the PSA in any manner, and the obligations of the parties under the PSA shall be as specifically set forth in the PSA. 3. Oneoine Obheations of the Citv. Upon the execution and delivery of the Deed, the Easement Agreement, the Soil Management Plan,the Escrow Agreement,the Reimbursement Agreement and all other Project Agreements, such Project Agreements shall be incorporated herein by this reference as if fully set forth at length as terms and conditions of this Agreement and shall become the binding, ongoing obligations of the City, enforceable according to their respective terms. The incorporation by reference of the Project Agreements into this Development Agreement is for the sole purpose of making the Project Agreements additional terms and considerations of the Development Agreement and enforceable pursuant to Section 212.171, et sea., of the Texas Local Government Code, as amended from time to time. Nothing herein shall modify the obligations of the parties under the respective Project Agreements in any manner,and the obligations of the parties under such agreements shall be as specifically set forth therein. 4. General Provisions. a. Duration. This Agreement shall continue in full force and effect until the longer of(1) forty-five (45)years and(2)the longest period that may be permitted pursuant to Section 212.172(d)of the Texas Local Government Code, as amended from time to time, unless earlier terminated by mutual agreement of the Parties. For the avoidance of doubt,the aforementioned limitation on the duration of this Agreement as provided in Section 212.172(d)of the Texas Local Government Code,as amended from time to time, shall not be deemed to constitute a limitation on the term of any other Project Agreement, and the terms and provisions of the Project Agreements that do not specifically terminate as of an earlier date as provided in the Project Agreements shall survive in perpetuity. Notwithstanding the forgoing,in the event Closing does not occur for any reason,then this Agreement shall automatically terminate,without further action by the parties hereto,on the sixth anniversary of the effective date of the PSA. b. Assignment. The City shall not,without Flint Hills' prior written consent,which may be granted or withheld in Flint Hill's sole discretion, assign or transfer the City's rights or obligations set out in the PSA to any person,firm,partnership,corporation,other governmental entity or other entity,whether by operation of law or otherwise. Any purported or attempted assignment in breach of the provisions contained in the PSA shall be void ab initio and shall constitute an immediate breach of this Agreement by the City. C. Binding Obligations. Pursuant to the requirements of Section 212.172(fl of the Texas Local Government Code, this Agreement, all amendments hereto and all assignments of this Agreement shall be promptly recorded in the deed records of Nueces County,Texas. This Agreement,when recorded, shall be a covenant running with the land and binding upon the Property,the Parties,their successors and assigns and all others holding any interest in the Property now or in the future. Without limiting the foregoing,this Agreement shall also constitute a Permit under Section 245 of the Texas Local Government Code, as amended from time to time. Furthermore,the Parties agree and stipulate that(i) the terms of the Easement Agreement are within the scope of this Agreement pursuant to Texas Local Government Code Section 212.172(b)(5) as a written contract to provide for infrastructure for the Purchase Property, including,without limitation, an intake pump station,pipelines,intake and outfall structures and access are necessary infrastructure for operations on the Project Property,without which the Project could not operate, and(ii)the terms of the Project Agreements are within the scope of this Agreement pursuant to Texas Local Government Code Section 212.172(b)(9) as being, and including, other lawful terms and conditions the Parties consider appropriate. d. Recitals and Capitalized Terms. The recitals contained in this Agreement: (a)are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; (c) are legislative findings of the City Council, (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement,and(e)are incorporated into this Agreement by this reference and made a part hereof. If it becomes necessary to interpret any provision of this Agreement,the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the maximum extent possible, and given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and,but for the intent of the Parties reflected by the recitals,would not have entered into this Agreement. All capitalized terms used in this Agreement shall have the meanings given to them in the PSA unless otherwise defined herein. e. Authority and Enforceability. The City represents and warrants that this Agreement and the Project Agreements have been approved by resolution or ordinance duly adopted by the City Council in accordance with all applicable public notice requirements(including,but not limited to,notices required by the Texas Open Meetings Act) and that the individual executing this Agreement and the Project Agreements on behalf of the City has been duly authorized to do so. Flint Hills represents and warrants that this Agreement and the Project Agreements have been approved by appropriate action of Flint Hills, that the individual executing this Agreement and the Project Agreements on behalf of Flint Hills has been duly authorized to do so. Each Party acknowledges and agrees that this Agreement is binding upon such Party and enforceable against such Party in accordance with its terms and conditions and that the performance by the Parties under this Agreement is authorized by Texas Local Government Code Section 212.171,et. sea. f. Non-Waiver. Any failure by a Party to insist upon strict performance by another Party of any material provision of this Agreement shall not be deemed a waiver thereof, and such Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes for which such waiver is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. g. Entire Agreement: Severability. This Agreement, along with the Project Agreements, constitute the entire agreement between the Parties with respect to the matters contained herein and in the Project Agreements and supersede all prior agreements,whether oral or written,covering the subject matter of this Agreement or the Project Agreements, as applicable. This Agreement shall not be modified or amended except in writing signed by the Parties. The provisions of this Agreement are severable and, in the event any word,phrase, clause, sentence,paragraph, section, or other provision of this Agreement, or the application thereof to any person or circumstance,shall ever be held or determined to be invalid,illegal, or unenforceable for any reason, and the extent of such invalidity or unenforceability does not cause substantial deviation from the underlying intent of the Parties as expressed in this Agreement, then such provision shall be deemed severed from this Agreement with respect to such person,entity or circumstance, without invalidating the remainder of this Agreement or the application of such provision to other persons, entities or circumstances except to the extent that the severed provision(s) is a dependent substantive term the removal of which affects the intent and effect of the remaining provisions. h. Notices. Any notice required or permitted to be given hereunder shall be either (i) in writing, sent to the recipient by nationally-recognized overnight delivery service or U.S. registered or certified mail,postage prepaid,return receipt requested or(ii)by electronic mail to the intended addressee at the electronic mail address set forth herein,delivery receipt requested,and accompanied with a hardcopy writing sent by U.S.mail,in each case, addressed as follows: If to Flint Hills: Flint Hills Resources Corpus Christi,LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita,Kansas 67220 Email: roger.tennapelkfhr.com With a copy to: Flint Hills Resources Corpus Christi, LLC Attention: Kim Boatright 4111 East 37th Street North Wichita,Kansas 67220 Email: kim.boatrihg_t&fhr.com With a copy to (which Holland&Knight LLP shall not constitute Attn: Eugene Segrest,Esq. notice): One Arts Plaza 1722 Routh Street, Suite 1500 Dallas,Texas 75201 Email: gene.segrest@hklaw.com If to City: City of Corpus Christi,Texas Attn: City Manager 1201 Leopard Street Corpus Christi,Texas 78401 Email: peterzkcctexas.com With a copy to: City of Corpus Christi,Texas Attn: City Attorney 1201 Leopard Street Corpus Christi,Texas 78401 Email: mile srkcctexas.c om With a copy to: City of Corpus Christi,Texas Attn: Water Department 2726 Holly Road Corpus Christi,Texas 78415 Email: estebanr2kcctexas.com For all purposes hereunder,any such notice shall be deemed to have been properly given on the earliest of (a)actual receipt, (b)refusal to accept receipt,(c)the same day it is deposited with a nationally-recognized overnight delivery service with all charges prepaid in full, and(d)three (3)Business Days after depositing the same with the U.S. Postal Service,with postage fully prepaid. i. Binding Effect:Waiver of Sovereign Immunity: Further Assurances.Venue. i. Binding Effect. Submission of drafts of this Agreement(or mark-ups of drafts) by one parry to another shall not be deemed to be an offer to purchase or sell (as the case may be), and this Agreement shall be binding,if at all,only at such time as both Flint Hills and the City have signed and delivered to the other at least one (1) counterpart of this Agreement with all exhibits attached. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. ii. THE CITY'S VOLUNTARY WAIVER OF SOVEREIGN IMMUNITY. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE CONTRARY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 212.172(1) ET. SEQ., BUYER HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT IN ANY LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS BETWEEN THE CITY AND FLINT HILLS WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT AND THE PROJECT AGREEMENTS ENTERED INTO IN CONNECTION HEREWITH. THE CITY ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION AND VENUE BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. THE CITY HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS AGREEMENT AND THE PROJECT AGREEMENTS AND BINDS ITSELF TO THE TERMS OF THIS AGREEMENT AND THE PROJECT AGREEMENTS. To the extent permitted by applicable law, the City further waives and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar, limit, or otherwise affect the ability of Flint Hills to enforce this Agreement and the Project Agreements. iii. Further Assurances. The City agrees that it will, without further consideration, execute and deliver such other documents and take such other action as may be reasonably requested by Flint Hills to consummate more effectively the transactions contemplated hereby or any of the Project Agreements. iv. Venue. Flint Hills and the City hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Agreement to the jurisdiction of any State court of appropriate jurisdiction or any United States federal court sitting in the county in which the Property is located. Flint Hills and the City hereby irrevocably waive any objection that Flint Hills and the City may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. Flint Hills and the City consent to any methods of service of process provided for under applicable laws. V. Remedies Under Texas Local Government Code Section 271.1726). Remedies available to Flint Hills under this Agreement and the Project Agreements shall include, but not be limited to, the remedies enumerated in Texas Local Government Code, Section 271.1720). Without limiting the generality of the forgoing, the Parties further agree and stipulate that Flint Hills may invoke any rights and remedies available under Section 212.171,et seq., for claims and causes of action that may arise in the Easement Area on the same basis as claims and causes of action within the Purchase Property, including, without limitation, the waiver of sovereign immunity under Texas Local Government Code Section 212.172(1) and Flint Hills' remedies under Texas Local Government Code Section 212.1720). J. No Third Party Beneficiaries. This Agreement inures only to the benefit of, and may only be enforced by,the Parties and any successor or assign of Flint Hills. No other person or entity shall have any right,title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. k. Counterparts. This Agreement may be executed in any number of counterparts, by facsimile, attachment to an email, portable document format (.pdf) or other electronic transmission, each of which shall be deemed an original for all purposes,with the same effect as if all parties had executed one instrument. Executed signature pages from different counterpart originals of this Agreement may be combined to form a single original instrument for recording and evidentiary purposes. 1. Attorney In the event of any litigation to enforce this Agreement,the prevailing parry shall be entitled to recover its reasonable legal fees and expenses,including attorney fees. in. Exhibits. The following Exhibits to this Agreement are incorporated herein by reference for all purposes: Exhibit A Legal Description of Purchase Property Exhibit B Survey Plat of Purchase Property Exhibit C Deed Exhibit D Easement Agreement Exhibit E Soil Management Plan Exhibit F Escrow Agreement Exhibit G Repurchase Right Reimbursement Agreement Regardless of the date this Agreement is executed,the"Effective Date" shall be the date on which City Council has approved an appropriate resolution authorizing the execution of this Agreement by the City official designated therein. [Signature Pages Follow] Executed to be effective on the Effective Date. CITY OF CORPUS CHRISTI: CITY OF CORPUS CHRISTI,TEXAS a Texas home rule municipality By: Name: Title: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of ,20_, by , , on behalf of City of Corpus Christi, a Texas home- rule city,on behalf of said city. Notary Public, State of Texas FLINT HILLS: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC a Delaware limited liability company By: Name: Title: STATE OF § COUNTY OF § This instrument was acknowledged before me on the day of ,20 , by , , on behalf of FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company. Notary Public, State of My commission expires: Exhibit A to Exhibit G Legal Description of Purchase Property [To be attached] Exhibit B to Exhibit G Survey Plat of Purchase Property [To be attached] Exhibit C to Exhibit G Deed [To be attached] Exhibit D to Exhibit G Easement Agreement [To be attached] Exhibit E to Exhibit G Soil Management Plan [To be attached] Exhibit F to Exhibit G Escrow Agreement [To be attached] Exhibit G to Exhibit G Repurchase Right Reimbursement Agreement [To be attached] EXHIBIT I FORM OF ESCROW AGREEMENT ESCROW AGREEMENT THIS ESCROW AGREEMENT (this "Agreement") is made and entered into as of the day of ,20(the"Effective Date"),by and between the CITY OF CORPUS CHRISTI,TEXAS, a Texas home rule municipality (the "City"), FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("FHR") and SAN JACINTO TITLE SERVICES OF TEXAS, LLC ("Title Company"). The City, FHR and Title Company are sometimes hereinafter jointly referred to as "Parties"or individually as a"Parry". RECITALS A. Reference is hereby made to the following agreements: (i) that certain Special Warranty Deed (the "Deed") dated effective as of , by and between FHR, as grantor, and City, as grantee,pursuant to which FHR conveyed to City certain property more particularly described on Exhibit A attached to said Deed and made a part hereof for all purposes (such property,the "Project Property"); (ii)that certain Easement Agreement(the"Easement Agreement")dated effective as of ,by and between FHR,as grantor,and City,as grantee,pursuant to which FHR granted to City certain easements over and across a portion of property owned by Owner and more particularly described on Exhibit A attached to said Easement Agreement and made a part hereof for all purposes (such property, the "Easement Property', and together with the Project Property, collectively, the "Properties"); (iii) that certain Purchase and Sale Agreement dated effective as of , 20, by and between FHR, as seller, and City, as buyer(as amended from time to time,the "Purchase Agreement"); B. This Agreement is being executed pursuant to that certain Development Agreement dated effective as of ,by and between FHR and City,recorded on as Document No. (the "Development Agreement"); and C. This Agreement is being executed contemporaneously with the Deed and Easement Agreement. Pursuant to the terms and conditions of the Deed, Purchase Agreement and Development Agreement, FHR has the right, but not the obligation, to repurchase all of the Project Property from City (the "Repurchase Right")upon the occurrence of a Repurchase Right Trigger Event which is defined as either (i) City has not satisfied the Project Progress Conditions (as determined by Section 4(b)(111) of the Purchase Agreement) as of the fifth anniversary of or(ii) on or prior to the fifth anniversary of [ 12, City notifies FHR that City does not plan to proceed with the Project (the "Repurchase Right Trigger Event"). In connection with the consummation of the original transaction contemplated by the Purchase Agreement,the Parties desire to enter into this Agreement to facilitate the potential closing of the Repurchase Right in the event such closing occurs and to appoint Title Company as escrow agent in connection with such potential closing of the Repurchase Right(the "Repurchase Right Closing"). AGREEMENT NOW THEREFORE, for and in consideration of$10.00, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and confessed,the Parties agree as follows: 509895.000177 21900323.4 1. Escrow. Title Company acknowledges that,pursuant to the Purchase Agreement,FHR and City have delivered their respective original signature pages to the undated documents described on Exhibit C attached hereto and incorporated herein by reference (collectively, the "Escrowed Documents") in escrow with Title Company,to be released in accordance with the provisions of this Agreement. Title Company further acknowledges that the Escrowed Documents are complete(except for the date of such Escrowed Documents and recording information references therein), are missing no exhibits and the signature pages are executed and notarized as appropriate. 2. Repurchase Right Closing. If the Title Company receives notice from FHR or City that a Repurchase Right Trigger Event has occurred and neither party has sent notification to the Title Company that such notice was sent in error or is disputed, FHR shall have a period of one year from the date of such Repurchase Right Trigger Event to exercise its Repurchase Right (the "Repurchase Right Term"). If FHR desires to exercise its Repurchase Right, then on or prior to the expiration of the Repurchase Right Term,FHR will notify City and Title Company as to such election (such notice, a"Repurchase Right Notice"). In such event, FHR shall deposit the Purchase Price in cash or other immediately available funds with the Title Company within 90 days after the date of the Repurchase Right Notice, but in no event later than the last day of the Repurchase Right Term (the"Purchase Price Deadline"). In the event that the City is unable to satisfy the Repurchase Right Restoration Obligation (as defined in the Purchase Agreement)by the last day of the Repurchase Right Term, then the Repurchase Right Closing shall be delayed by a period of up to 90 days after the date of the Repurchase Right Notice in order to allow City to complete the Repurchase Right Restoration Obligation, and the Purchase Price Deadline shall be automatically extended until the Repurchase Right Restoration Obligation is satisfied by City (as determined pursuant to the Purchase Agreement) or waived by FHR in writing. The Repurchase Right Closing shall occur on the date that is five Business Days after the earlier to occur of (a)FHR's deposit of the Purchase Price with the Title Company or(b)if the Title Company has received written notification that the City did not satisfy the Repurchase Right Restoration Obligation by the Purchase Price Deadline, written notice that the City has satisfied the Repurchase Right Restoration Obligation(as determined pursuant to the Purchase Agreement)or upon written notification to the Title Company that such Repurchase Right Restoration Obligation is waived by FHR in writing. On the date of the Repurchase Right Closing (as determined by this Section 2),Title Company will be irrevocably authorized to: i. Insert the applicable recording information into the Escrowed Documents and date the Escrowed Documents effective as of the date of the Repurchase Right Closing; ii. Record the Repurchase Right Recordable Closing Documents(as hereinafter defined)at City's sole cost and expense, which cost shall be deducted from the Purchase Price, and release the remainder of the Escrowed Documents to FHR; iii. Issue an owner's policy of title insurance covering the Project Property in favor of FHR at City's sole cost and expense (and which cost shall be deducted from the Purchase Price), and which shall be on the same terms as the owner's policy of title insurance obtained by City upon recordation of the Deed and subject only to the permitted exceptions described in the Deed (provided,that any endorsements to the basic owner policy of title insurance shall be at FHR's cost); iv. Release the Repurchase Right Termination Document to FHR; and v. Release the balance of the Purchase Price to City. 2 Notwithstanding anything herein to the contrary, in the event that the City has either (i) constructed an electrical power substation on the Purchase Property as of the first day of the Repurchase Right Term, or (ii) entered into a binding construction contract that provides for the completion of an electrical power substation on the Purchase Property and commenced construction of same as of first day of the Repurchase Right Term,then the City may send written notice to FHR and the Title Company of the City's intention to retain that portion of the Purchase Property upon which such electrical power substation is, or will be, located (such property,the "Substation Property"). Such notice shall be provided to FHR and the Title Company no later than the date that is 60 days after the commencement of the Repurchase Right Term and shall include the following documents: (i) an as-built survey of Substation Property or, if construction of the electrical power substation is incomplete as of such date, a boundary line survey of the Substation Property,in each case in form and substance reasonably satisfactory to FHR,(ii)a copy of the construction contract for such electrical power substation (if construction of such electrical power substation is incomplete),(iii) an as-surveyed metes and bounds legal description of with the Substation Property, (iv)a duplicate of such metes and bounds legal description with the preface"SAVE AND EXCEPT the following property:" prior to such metes and bounds description, and (v) a "Recalculation of Purchase Price Worksheet"prepared by the City providing the following information: 1. Original Purchase Price: $5,455,000 2. Area of Excluded Land Area in Square Feet: [Insert figure from survey] 3. Value of Excluded Land Area: [Item#2 multiplied by $4.3968] 4. Adjusted Purchase Price: [Item#1 minus Item #3] Such notice from the City,together with the items described in the forgoing clauses (i) through (iv) are hereinafter referred to collectively as the "Substation Property Documents". For any Substation Property to be eligible to be excluded from the Repurchase Right of the Purchase Property as provided herein and in the Purchase Agreement, such Substation Property shall be located at the perimeter of the Purchase Property adjacent to a public street, and shall be limited to that area actually occupied by the electrical power substation with an appropriate buffer or access area around the improvements. Upon the receipt by FHR and the Title Company of such Substation Property Documents,FHR shall have 30 days to review such Substation Property Documents and to object to or request additional information from the City by providing written notice to Buyer and the Title Company. If FHR does not timely object to the Substation Property Documents in accordance with the forgoing sentence,then (i)the description of the Project Property subject to the Repurchase Right shall be modified to exclude the Substation Property, (ii)the Title Company is instructed to insert at the end of Exhibit A in the special warranty deed previously signed by the City, as grantor, in favor of FHR, as grantee, the form of which is attached as item 2 of Exhibit A,the page provided in(iv) above beginning "SAVE AND EXCEPT"including the as-surveyed metes and bounds legal description of the Substation Property,and(iii)the amount of the Purchase Price for the purposes of the Repurchase Right shall be reduced to the Adjusted Purchase Price stated in the Recalculation of Purchase Price Worksheet included with the Substation Property Documents. If FHR does timely object to the Substation Property Documents,then the City shall have 30 days to respond to FHR's objection in writing with a copy to the Title Company, and FHR shall have an additional 30 days to review the supplemental information provided by Buyer and to object by written notice to the City and the Title Company. In the event of FHR's repeated objection, the parties shall attempt to resolve such dispute through mediation within 60 days, and if such is not successfully resolved by such mediation, then by litigation in the county in which the Purchase Property is located. The Title Company shall defer satisfaction of the procedures above regarding the Repurchase Right until receipt of a written agreement of the parties concerning satisfaction of the Substation Property or a final judgment concerning same. If the City fails to timely deliver all of the Substation Property Documents to FHR and the Title Company 3 as provided in this Section and the Purchase Agreement, then Buyer's right to exclude the Substation Property from FHR's exercise of its Repurchase Right shall be deemed forfeited and of no further force and effect. In the event the circumstances described in this Section occur, all other terms and conditions governing the Repurchase Right shall remain in full force and effect. As used herein, the "Repurchase Right Recordable Closing Documents" mean the documents described as items 2-3 on Exhibit A. As used herein, "Business Day" means any day that is not a Saturday, Sunday or federal or state holiday. 3. Forfeiture/Expiration of Repurchase Right. If(i)the Title Company receives notice from FHR or the City that a Repurchase Right Trigger Event has occurred and neither party has sent notification to the Title Company that such notice was sent in error or is disputed, after the expiration of the Repurchase Right Term without any notification by FHR of its exercise of such Repurchase Right or,in the event such notification was made by FHR, the failure by FHR to deliver the Purchase Price to Title Company within the Repurchase Right Term,then the Repurchase Right will be deemed forfeited or expired, as applicable, and of no further force and effect. If any of the forgoing circumstances occur, then the Repurchase Right Termination Documents (as hereinafter defined) shall be deemed automatically released from escrow on the date that is 10 days after the deemed forfeiture or expiration of the Repurchase Right. In such event, the Title Company will be irrevocably authorized to record the Repurchase Right Termination Document(at City's sole cost and expense)and release the Repurchase Right Closing Documents to City. As used herein,the "Repurchase Right Termination Document" means the document described as item 4 on Exhibit A. 4. Conflicting Notices From the Parties. In the event that the Title Company receives contradicting notices from the Parties or receives a notice within four Business Days from the delivery of a notice from the other party disputing a notice,the Title Company is directed to suspend further action under this Escrow Agreement until FHR and the City resolve such conflicting notices and provide joint written instructions to the Title Company. 5. Notices. Any notice required or permitted to be given hereunder shall be either(i) in writing, sent to the recipient by nationally-recognized overnight delivery service or U.S. registered or certified mail, postage prepaid, return receipt requested or (ii) by electronic mail to the intended addressee at the electronic mail address set forth herein, return receipt requested, and accompanied with a hardcopy writing sent in accordance with clause (i)hereof,in each case, addressed as follows: If to FHR: Flint Hills Resources Corpus Christi,LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita,Kansas 67220 Email: roger.tennapelkfhr.com With a copy to: Flint Hills Resources Corpus Christi,LLC Attention: Kim Boatright 4111 East 37th Street North Wichita,Kansas 67220 Email: kim.boatrightkfhr.com 4 With a copy to (which shall not Holland&Knight LLP constitute notice): Attn: Eugene Segrest,Esq. One Arts Plaza 1722 Routh Street, Suite 1500 Dallas,Texas 75201 Email: gene.segrest@hklaw.com If to City: City of Corpus Christi,Texas Attn: City Manager 1201 Leopard Street Corpus Christi,Texas 78401 Email: peterzkcctexas.com With a copy to: City of Corpus Christi,Texas Attn: City Attorney 1201 Leopard Street Corpus Christi,Texas 78401 Email: mile srkcctexas.com With a copy to: City of Corpus Christi,Texas Attn: Water Department 2726 Holly Road Corpus Christi,Texas 78415 Email: estebanr2kcctexas.com If to Title Company: San Jacinto Title Services of Texas,LLC Attn: Shelly Grahmann 520 Lawrence Street Corpus Christi,Texas 78401 Email:shellygrahmann@sanj acintotitle.com For all purposes hereunder,any such notice shall be deemed to have been properly given on the earliest of(a) actual receipt, (b) refusal to accept receipt, (c) the same day it is deposited with a nationally- recognized overnight delivery service with all charges prepaid in full,and(d)three business days after depositing the same with the U.S. Postal Service,with postage fully prepaid. 6. Other Provisions Regarding Title Company. a. Escrow Fees. Any and all reasonable escrow fees or other reasonable costs and expenses imposed or incurred by Title Company in connection with its duties or enforcement of its rights under this Agreement shall be paid by City. b. Removal of Title Company. FHR and City jointly may remove Title Company,with or without cause, and appoint a substitute escrow agent of the Escrowed Documents without other formality than giving written notice to Title Company, in which event Title Company shall deliver the Escrowed Documents to a substitute escrow agent in accordance with the joint written and signed instructions of FHR and City, and such Title Company shall thereupon be deemed to be removed as of the date designated in such notice, or if no date is designated, as of the date such delivery is made. 5 7. Title Company Remedies. In the event of any disagreement between City and FHR,resulting in adverse claims or demands being made in connection with the Escrowed Documents, Title Company, at its option, shall be entitled: a. To refuse to comply with any claim or demand on Title Company,as long as this disagreement shall continue, and Title Company shall not be,or become liable in any way,or to any person, for its failure or refusal to comply with such conflicting or adverse claim or demand; b. To refrain from acting,and so to refuse to act,until(i)the right of any adverse claim shall have been finally adjudicated in a court assuming or having jurisdiction of the Escrowed Funds involved herein,or affected hereby,or(ii)all differences shall have been adjusted by agreement and Title Company shall have been notified in writing, signed by all persons interested; c. To interplead the Escrowed Documents into a court of competent jurisdiction, and all reasonable costs and expenses,including reasonable attorney's fees,will be reimbursed to Title Company from the Escrowed Documents; or d. To take any other action authorized herein. 8. FHR Remedies. Without limiting the forgoing, FHR's remedies under this Agreement shall include, without limitation, all remedies available under Texas Local Government Code Section 212.172(j), since this Agreement is being made pursuant to and as part of the Development Agreement made under Texas Local Government Code Section 212.171, et seq., including, without limitation, the right of specific performance and Grantor's reasonable and necessary attorney's fees. 9. Miscellaneous. The recitals are incorporated herein by this reference and made a part of this Agreement. Whenever used in this Agreement, the singular shall include the plural, the plural shall include the singular,and the use of any gender shall be applicable to all genders. Section headings are inserted for convenience only and do not form a part of the substantive provisions of this Agreement. Each and every exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full and at length every time it is referred to or otherwise mentioned. For avoidance of doubt and notwithstanding anything to the contrary contained in this Agreement(or any exhibits or addenda hereto),the parties agree that the term"shall" as used in this Agreement(or any exhibits or addenda hereto)will not be construed as permissive,but as absolute, imperative and/or mandatory. Capitalized terms used in this Agreement shall have the meanings ascribed to them at the point where first defined,irrespective of where their use occurs,with the same effect as if the definitions of such terms were set forth in full and at length every time such terms are used. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The provisions of this Agreement are not intended to benefit any third party who is not a party hereto. If any provision of this Agreement, or the application thereof to any person, entity, place or circumstance, shall be held by a court of competent jurisdiction to be invalid,unenforceable or void in any respect,the remainder of this Agreement and such provisions as applied to other persons, entities, places and circumstances shall remain in full force and effect. Notwithstanding any decisional law to the contrary, this Agreement may be executed by exchange of signed counterparts of this Agreement with all exhibits attached by facsimile or e-mailed PDF followed by delivery of the originals and shall be considered executed and binding upon receipt of the fax or e-mailed PDF of such signed counterpart of the last party to sign this Agreement. THIS AGREEMENT, AND ALL THE RIGHTS OF THE PARTIES SHALL BE GOVERNED AS TO THE VALIDITY,INTERPRETATION, CONSTRUCTION,ENFORCEMENT 6 AND IN ALL OTHER RESPECTS BY THE LAW OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS RULES AND PRINCIPLES REGARDING CONFLICTS OF LAWS OR ANY RULE OR CANON OF CONSTRUCTION WHICH INTERPRETS AGREEMENTS AGAINST THE DRAFTSMAN. 10. Voluntary Waiver of Sovereign Immunity. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE^CONTRARY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 212.172(1), CITY HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN IMMUNITY FROM LIABILITY AND SUIT IN ANY LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS BETWEEN FHR AND CITY WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT. CITY ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION AND VENUE BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. CITY HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS AGREEMENT AND BINDS ITSELF TO THE TERMS OF THIS AGREEMENT. To the extent permitted by applicable law, City further waivers and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar,limit,or otherwise affect the ability of FHR and the Title company to enforce this Agreement. 11. Further Assurances. The Parties each agree that they will without further consideration execute and deliver such other documents and take such other action as may be reasonably requested by the other party to consummate more effectively the transactions and the waivers contemplated by this Agreement. 12. Venue. The Parties hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Agreement to the jurisdiction of any Texas state court of appropriate jurisdiction or any United States federal court sitting in the county in which the Property is located. The Parties hereby irrevocably waive any objection that the Parties may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. The Parties consent to any methods of service of process provided for under applicable laws. [Signature Page Follows] 7 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed effective as of the Effective Date. FHR: FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company By: Name: Title: CITY: CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality By: Name: Title: APPROVED AS TO LEGAL FORM This day of ,2022 By: Miles Risley, City Attorney TITLE COMPANY: SAN JACINTO TITLE SERVICES OF TEXAS,LLC By: Name: Title: 8 EXHIBIT A to EXHIBIT I Escrowed Documents 1. Reconveyance Reimbursement Agreement by and between City and FHR; 2. Special Warranty Deed by and between City, as grantor, and FHR, as grantee; 3. Easement Termination Agreement by and between City and FHR; and 4. Termination and Release of Repurchase Right by and between City and FHR. 509895.000177 21900323.4 EXHIBIT J FORM OF PETITION REQUESTING INCORPORATION INTO THE JURISDICTIONAL AREA OF THE CITY OF CORPUS CHRISTI PETITION REQUESTING INCORPORATION INTO THE JURISDICTIONAL AREA OF THE CITY OF CORPUS CHRISTI TO THE MAYOR AND CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: Flint Hills Resources Corpus Christi, LLC, (Flint Hills) the undersigned owner of the here described tract of land, which is currently located in the Extraterritorial Jurisdiction (ETJ) of the City of Corpus Christi,does hereby petition the City to extend the present City Limits of the City of Corpus Christi so as to include as part of the City of Corpus Christi the property here described on the attached EXHIBIT "A" by metes and bounds(the Property). Flint Hills does also request and agree that the City initiate annexation proceedings and proceed to annex the Property into the City's corporate boundaries in accordance with all applicable laws,ordinances, rules and regulations then in effect. Attached as EXHIBIT "A" is the metes and bounds description of the Property, and Attached as EXHIBIT"B" is the Agreed Service Plan for the Property upon annexation. Flint Hills here certifies that the Property is contiguous and adjacent to the City of Corpus Christi and that this petition is signed and duly acknowledged by each and every person and legal entity having ownership interest in the Property. FLINT HILLS RESOURCES CORPUS CHRISTI, LLC,a Delaware limited liability company By: Name: Title: STATE OF § § ss. COUNTY OF § The foregoing instrument was acknowledged before me this day of ,20_,by , the [insert: title/position of signatory] of FLINT HILLS RESOURCES CORPUS CHRISTI,LLC, a Delaware limited liability company,on behalf of the limited liability company. Type Notary Name: Notary Public in and for the State of My appointment expires Exhibit A to Exhibit J Legal Description [To be attached] 2 9176416970 0 Exhibit B to Exhibit J Agreed Service Plan' Services Provided By The Effective Date Of Annexation As used in this Service Plan ("the Plan"), the term "services provided" includes having services provided by any method or means by which the City of Corpus Christi ("the City")may extend municipal services to any other areas of the City with like topography,land use,and population density as those found within the newly annexed areas, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable City ordinances. 1. Police Protection: 2. Fire Protection and Emergency Medical Services: 3. Maintenance of Water and Wastewater Facilities: 4. Solid Waste Collection: 5.Maintenance of Roads and Streets: 6. Maintenance of Parks,Playgrounds, and Swimming Pools: 7.Maintenance of any Publicly Owned Facility,Building,or Municipal Service: 8. Other Services: CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BE COMPLETED WITHIN 2 1/2 YEARS Police and Fire Protection and Solid Waste Protection The City of Corpus Christi finds and determines that 'City to provide detail on services provided(this is a generic form),OR provide preferred form of service plan to attach in lieu of this form. 3 9176416970 v3 EXHIBIT K FORM OF REPURCHASE RIGHT REIMBURSEMENT AGREEMENT REPURCHASE RIGHT REIMBURSEMENT AGREEMENT THIS REPURCHASE RIGHT REIMBURSEMENT AGREEMENT (this"Agreement') is made and entered into as of the day of , 20_, by and between FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company ("FHR"), and the CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality ("C "). FHR and City are sometimes hereinafter jointly referred to as"Parties"or individually as a"Party". RECITALS A. Reference is hereby made to the following agreements: (i)that certain Special Warranty Deed (the "City Deed") dated effective as of ,by and between FHR, as grantor, and City, as grantee, recorded on as Document No. in the Official Public Records of Nueces County, Texas, pursuant to which FHR conveyed to City certain property more particularly described on Exhibit A attached hereto and made a part hereof for all purposes(such property,the"Project Property");(ii)that certain Easement Agreement(the"Easement Agreement")dated effective as of ,by and between FHR, as grantor, and City, as grantee, which was recorded on as Document No. in the Official Public Records of Nueces County, Texas, pursuant to which FHR granted to City certain easements over and across a portion of property owned by Owner and more particularly described on Exhibit B attached hereto and made a part hereof for all purposes (such property, the "Easement Property', and together with the Project Property, collectively, the "Properties"); (iii) that certain Purchase and Sale Agreement dated effective as of , 20,by and between FHR, as seller, and City, as buyer(as amended from time to time,the "Purchase Agreement"); B. This Agreement is being executed pursuant to that certain Development Agreement dated effective as of , by and between FHR and City, recorded on as Document No. (the "Development Agreement"); B. This Agreement is being executed contemporaneously with (i) a Special Warranty Deed (the "Repurchase Right Deed")between the City,as grantor,and FHR,as grantee,of even date herewith covering the Project Property,which Repurchase Right Deed has been executed by City and delivered to Title Company (hereinafter defined) pursuant to the terms and conditions of the Escrow Agreement and in furtherance of FHR's potential exercise of certain rights of repurchase by FHR concerning the Project Property as set forth in City Deed (such repurchase right, the "Repurchase Right"); (ii) a Termination and Release of Easement Agreement(the"Easement Termination Agreement",and together with the Repurchase Right Deed and this Agreement,collectively,the"Repurchase Right Documents")between the City,as"City"therein,and FHR, as "Owner" therein, of even date herewith, which Easement Termination Agreement has been executed and delivered to the Title Company pursuant to the terms and conditions of the Escrow Agreement and in connection with FHR's potential exercise of its Repurchase Right,which acknowledges the termination of the Easement Agreement pursuant to the terms and conditions of such Easement Agreement; and (iii)that certain Escrow Agreement (the "Escrow Agreement") by and among FHR, City and San Jacinto Title Services of Texas,LLC (the "Title Company"); and C. Pursuant to the terms and conditions of the Purchase Agreement, City agreed to be responsible for all expenses allocable to the Properties for all periods from and after the date of the City Deed and prior to the 11:59 P.M. Corpus Christi Time on the day before the date of the Repurchase Right Deed (such costs, collectively, the "Reimbursed Costs"). To the extent this obligation pertains to the Easement Property,it only applies to the City's interest in the Easement Property pursuant to the Easement Agreement and specifically does not apply to FHR's retained interests in the Easement Property. AGREEMENT NOW THEREFORE, for and in consideration of $10.00, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged and confessed, the Parties agree as follows: 1. Reimbursement of Costs and Expenses. City hereby agrees to reimburse FHR any of the Reimbursed Costs not previously discharged by the City during its ownership of the Properties, subject to the reimbursement process outlined below. 2. Reimbursement Process. City will have 30 days from receipt of invoices from FHR for the Reimbursed Costs,which invoices shall be sent to City at the address set forth in Section 3 hereof, to review such invoices and to advise FHR in writing if City believes such invoices are not within the scope of the Reimbursed Costs. Provided there are no objections from City within such 30-day period, then City shall pay such invoice directly,or reimburse FHR for such invoice, as applicable,within 45 days after FHR delivers such invoice to City. To the extent City disputes whether any costs are not within the scope of Reimbursed Costs,then the Parties agree to work in good faith to resolve such dispute. 3. Notices. Any notice required or permitted to be given hereunder shall be either(i) in writing, sent to the recipient by nationally-recognized overnight delivery service or U.S. registered or certified mail, postage prepaid, return receipt requested or (ii) by electronic mail to the intended addressee at the electronic mail address set forth herein, return receipt requested, and accompanied with a hardcopy writing sent in accordance with clause (i)hereof,in each case, addressed as follows: If to FHR: Flint Hills Resources Corpus Christi,LLC Attention: Roger TenNapel 4111 East 37th Street North Wichita,Kansas 67220 Email: roger.tennapelkfhr.com With a copy to: Flint Hills Resources Corpus Christi,LLC Attention: Kim Boatright 4111 East 37th Street North Wichita,Kansas 67220 Email: kim.boatrightkfhr.com If to City: City of Corpus Christi,Texas Attn: City Manager 1201 Leopard Street Corpus Christi,Texas 78401 Email: peterzkcctexas.com With a copy to: City of Corpus Christi,Texas Attn: City Attorney 1201 Leopard Street Corpus Christi,Texas 78401 2 Email: mile srgcctexas.c om With a copy to: City of Corpus Christi,Texas Attn: Water Department 2726 Holly Road Corpus Christi,Texas 78415 Email: estebanr2kcctexas.com For all purposes hereunder,any such notice shall be deemed to have been properly given on the earliest of(a) actual receipt, (b) refusal to accept receipt, (c) the same day it is deposited with a nationally- recognized overnight delivery service with all charges prepaid in full,and(d)three business days after depositing the same with the U.S. Postal Service,with postage fully prepaid,by certified mail,return receipt requested. 4. Default. If City breaches any of its obligations hereunder,then FHR shall have the right to pursue all rights and remedies available to FHR at law or in equity. 5. Miscellaneous. The recitals are incorporated herein by this reference and made a part of this Agreement. Whenever used in this Agreement, the singular shall include the plural, the plural shall include the singular,and the use of any gender shall be applicable to all genders. Section headings are inserted for convenience only and do not form a part of the substantive provisions of this Agreement. Each and every exhibit referred to or otherwise mentioned in this Agreement is attached to this Agreement and is and shall be construed to be made a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full and at length every time it is referred to or otherwise mentioned. For avoidance of doubt and notwithstanding anything to the contrary contained in this Agreement(or any exhibits or addenda hereto),the parties agree that the term "shall' as used in this Agreement(or any exhibits or addenda hereto)will not be construed as permissive,but as absolute, imperative and/or mandatory. Capitalized terms used in this Agreement shall have the meanings ascribed to them at the point where first defined, irrespective of where their use occurs,with the same effect as if the definitions of such terms were set forth in full and at length every time such terms are used. This Agreement may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The provisions of this Agreement are not intended to benefit any third party who is not a party hereto. If any provision of this Agreement, or the application thereof to any person, entity, place or circumstance, shall be held by a court of competent jurisdiction to be invalid,unenforceable or void in any respect,the remainder of this Agreement and such provisions as applied to other persons, entities, places and circumstances shall remain in full force and effect. Notwithstanding any decisional law to the contrary, this Agreement may be executed by exchange of signed counterparts of this Agreement with all exhibits attached by facsimile or e-mailed PDF followed by delivery of the originals and shall be considered executed and binding upon receipt of the fax or e-mailed PDF of such signed counterpart of the last party to sign this Agreement. THIS AGREEMENT, AND ALL THE RIGHTS OF THE PARTIES SHALL BE GOVERNED AS TO THE VALIDITY,INTERPRETATION, CONSTRUCTION,ENFORCEMENT AND IN ALL OTHER RESPECTS BY THE LAW OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS RULES AND PRINCIPLES REGARDING CONFLICTS OF LAWS OR ANY RULE OR CANON OF CONSTRUCTION WHICH INTERPRETS AGREEMENTS AGAINST THE DRAFTSMAN. 6. Voluntary Waiver of Sovereign Immunity. NOTWITHSTANDING ANY LAW NOW OR HEREINAFTER IN EFFECT TO THE CONTRARY, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE 212.172(1), CITY HEREBY IRREVOCABLY WAIVES ITS SOVEREIGN 3 IMMUNITY FROM LIABILITY AND SUIT IN ANY LAWSUIT WITH RESPECT TO ANY ACTION IN ANY COURT OR TRIBUNAL OF COMPETENT JURISDICTION AS TO ALL DISPUTES AND ACTIONS BETWEEN FHR AND CITY WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT. CITY ALSO HEREBY CONSENTS TO AND IRREVOCABLY WAIVES ANY AND ALL OBJECTIONS OR DEFENSES IT MAY HAVE TO SUCH JURISDICTION AND VENUE BASED UPON OR RELATED TO SOVEREIGN IMMUNITY. CITY HEREBY ACKNOWLEDGES AND AGREES THAT IT IS VOLUNTARILY ENTERING INTO THIS AGREEMENT AND BINDS ITSELF TO THE TERMS OF THIS AGREEMENT. To the extent permitted by applicable law, City further waivers and stipulates to the inapplicability of any provision of the Corpus Christi City Charter that would bar,limit,or otherwise affect the ability of FHR to enforce this Agreement. 7. Further Assurances. FHR and City each agree that it will without further consideration execute and deliver such other documents and take such other action as may be reasonably requested by the other party to consummate more effectively the transactions and the waivers contemplated by the Repurchase Right Documents. 8. Venue. FHR and City hereby irrevocably submit generally and unconditionally for themselves and in respect of their respective properties and any dispute regarding this Agreement to the jurisdiction of any Texas state court of appropriate jurisdiction or any United States federal court sitting in the county in which the Properties are located. FHR and City hereby irrevocably waive any objection that FHR or City may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. FHR and City consent to any methods of service of process provided for under applicable laws. [Signature Page Follows] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. FHR: FLINT HILLS RESOURCES CORPUS CHRISTI, LLC, a Delaware limited liability company By: Name: Title: CITY: CITY OF CORPUS CHRISTI, TEXAS, a Texas home rule municipality By: Name: Title: APPROVED AS TO LEGAL FORM This day of ,2022 By: Miles Risley, City Attorney 5 EXHIBIT A to EXHIBIT K Legal Description of Proiect Property [To be attached prior to execution] EXHIBIT B to EXHIBIT K Legal Description of Easement Areas [To be attached prior to execution] Soil and Groundwater Management Plan Inner Harbor Seawater Desalination Plant Corpus Christi, Nueces County, Texas Prepared for: City of Corpus Christi Corpus Christi, Texas Prepared by: FREESE 9911 AICHOLS NOVEMBER 2022 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS TABLE OF CONTENTS Page EXECUTIVE SUMMARY.........................................................................................................................................ii ACRONYMS AND ABBREVIATIONS..................................................................................................................iii 1.0 INTRODUCTION............................................................................................................................1 1.1 Potential Source Site ......................................................................................................................1 1.2 Environmental Investigations at FHR........................................................................................... 1 2.0 SOIL AND GROUNDWATER MANAGEMENT.............................................................................6 2.1 Execution of the Soil and Groundwater Management Plan ........................................................6 2.2 Revisions to the Soil and Groundwater Management Plan.........................................................7 3.0 CONSTRUCTION ZONE OUTLINE................................................................................................8 4.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 1 ...........................................................10 4.1 Generated Soils............................................................................................................................. 10 4.2 Recovered Water.......................................................................................................................... 10 5.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 2 ...........................................................12 5.1 Generated Soils............................................................................................................................. 12 5.2 Recovered Water.......................................................................................................................... 13 6.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 3 ...........................................................13 6.1 Generated Soils............................................................................................................................. 14 6.2 Recovered Water.......................................................................................................................... 14 7.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 4 ...........................................................15 7.1 Generated Soils............................................................................................................................. 16 7.2 Recovered Water.......................................................................................................................... 17 8.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 5 ...........................................................17 8.1 Generated Sediment..................................................................................................................... 18 8.2 Dewatering Activities................................................................................................................... 18 9.0 OFFSITE MANAGEMENT OF SOIL AND GROUNDWATER.....................................................19 10.0 CONSTRUCTION WORKER HEALTH &SAFETY PROCEDURES...........................................20 10.1 Personal Protective Equipment(PPE)........................................................................................20 10.2 Equipment Decontamination ......................................................................................................20 APPENDICES Appendix A EPA and TCEQ Guidance on Reuse of Generated Soils During Construction ii Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS ACRONYMS AND ABBREVIATIONS BTEX Benzene, Toluene, Ethyl benzene, and Xylenes CCAP Comprehensive Corrective Action Plan CFR Code of Federal Regulation COCs Constituents of Concern EPA United States Environmental Protection Agency FHR Flint Hills Resources Corpus Christi, LLC HAZWOPER Hazardous Waste Operators and Emergency Response KMRC Kerr McGee Refining Corporation LNAPL Light Non-Aqueous Phase Liquid MTBE Methyl Tertiary-Butyl Ether NPDES National Pollutant Discharge Elimination System PAHs Polycyclic Aromatic Hydrocarbons PCLs Protective Concentration Levels PID Photo-ionization Detector PPE Personal Protective Equipment RAP Response Action Plan RCRA Resource Conservation and Recovery Act SGMP Soil and Groundwater Management Plan SWRC Southwestern Refining Co., Inc. TCEQ Texas Commission on Environmental Quality TDS Total Dissolved Solids TN RCC Texas Natural Resource Conservation Commission (predecessor of the TCEQ) TPH Total Petroleum Hydrocarbons TRRP Texas Risk Reduction Program TWC Texas Water Commission (predecessor of the TCEQ) iii Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 1.0 INTRODUCTION The City of Corpus Christi (City) plans to construct water lines associated with the Inner Harbor Desalination Plant project in Corpus Christi, Nueces County, Texas as shown in Figure 1. This Soil and Groundwater Management Plan (SGMP) addresses soil and groundwater management procedures for construction activities associated with the development of the Inner Harbor Desalination Plant. 1.1 Potential Source Site The Flint Hills Resources Corpus Christi, LLC(FHR) property is a potential source of impacted surface soils and groundwater within the project area. The facility is located at 1607 Nueces Bay Boulevard in Corpus Christi, Texas at the northern and western boundary of the proposed site location as shown in Figure 1. Light non-aqueous phase liquid(LNAPL)was first discovered in 1989 during instillation of monitoring wells. Southwestern Refining Co., Inc. (SWRC), the previous owner to FHR, entered into an agreed order with the Texas Water Commission (TWC, predecessor to the Texas Commission on Environmental Quality (TCEQ))on March 9, 1992. Data from historic and recent investigations indicate the presence of benzene, toluene, ethylbenzene, and xylenes (BTEX), methyl tertiary-butyl ether (MTBE), and total petroleum hydrocarbons (TPH) in soils and groundwater at the site. 1.2 Environmental Investigations at FHR Soil and groundwater investigation activities were performed by Arcadis between July 2019 and June 2020. The following provides a background of the environmental investigations previously conducted on the site. The FHR East Refinery is located at 1607 Nueces Bay Boulevard in Corpus Christi, Texas. The major areas of this facility include Terminal 2, which includes the refinery process area and the associated tank farm, the Truck Loading Racks, and Terminal 3 (including the area referenced as the Annex) which contains the facility's wastewater treatment facilities and another tank farm. The presence of LNAPL beneath the East Refinery was first observed in the Terminal 2 area during the installation of monitoring wells by SWRC in 1989. In 1991, nine recovery wells were installed in the uppermost water-bearing unit in Terminal 2. The recovery wells were equipped with electric submersible pumps to recover total fluids (LNAPL and groundwater) and placed into operation in 1992. On March 9, 1992, SWRC entered into an agreed order with the TWC to address environmental issues at the East Refinery, including operation of the recovery wells in accordance with Provision 10 of the Agreed Order. In 1995, FHR purchased the East Refinery from SWRC, a subsidiary of Kerr McGee Refining Corporation(KMRC). As part of the purchase of the refinery, FHR has assumed responsibility for performing some of the actions required by the Agreed Order. In particular, FHR submits quarterly reports to the TCEQ that outline the results of quarterly fluid level measurements obtained from the monitoring wells located I Soil and Groundwater Management PlanFREESE City of Corpus Christi Inner Harbor Seawater Desalination Project EM01"WRICHOLS i Terminal • f r ^µ Loa annex . RaGk� b 7Y + `� Terminal T / a x � , MTBE and BTEX Well Locations ® LNAPL Well Locations 144". January 2020 LNAPL Plumes Raw Water Intake Pump Station Proposed Property Boundary r ° Flint Hills Resources Property Boundary FREESE City of Corpus Christi COR70585 ■ V �$A.MWNeecneBey m!tl 1 nllcHo�s Soil and Groundwater Mana ment Plan 1 .A,E 1111'.I:hl.:111111.Fllll.µ.11tii. w � 11!21!21722 n01 Cherry Slreel.kuute 2800 kA� FnrtWertlt,TX 76102 1.10,37/ rhoo.-Ie171Ts37soa Site Map OEN6NlO ANM FIGURE pUFI 0 .me Pam H EkVIRONMENTAL1VVoh[W$OMAl$It!•M.P Nu..:Beym!d Ir-'95i�.J1.�I,a ie'.,.ts Sn,irtGMIry4FP$l20A Feel 2 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS in the Refinery Process Area, Terminal 2 Tank Farm, and Truck Loading Rack area, and summarize the total volumes of water and LNAPL removed by the refinery's LNAPL/groundwater recovery systems. FHR submitted the Terminal Dissolved Phase Groundwater Investigation Report to the Texas Natural Resource Conservation Commission (TNRCC, predecessor to the TCEQ) on December 19, 1996, which was subsequently approved by the TNRCC on February 7, 1997. This report recommended semi-annual gauging of Terminal 3 Area monitoring wells and annual collection of groundwater samples from non-LNAPL containing monitoring wells. FHR performs voluntary quarterly gauging events of Terminal 3 Area monitoring wells. The results of the voluntary gauging events are reported annually with the required quarterly monitoring events for the Refinery Process Area, Truck Loading Rack Area, and Terminal 2 Tank Farm wells. Furthermore,in correspondence dated May 28,2009, the TCEQ approved FHR's request for Closure of the Terminal 3 and Annex areas, pending proof of implementing institutional controls(i.e.,filing deed record). However, based on additional gauging and sampling results indicating elevated constituent of concern concentrations and residual LNAPL conditions, FHR has delayed the generation/filing of the institutional controls and continues to conduct annual sampling and quarterly gauging of the Terminal 3 monitoring wells. Additionally, a Response Action Plan (RAP) was prepared on August 21, 2018 for Waste Management Unit 19 in Terminal 3. In compliance with the Agreed Order, FHR submitted a Comprehensive Corrective Action Plan (CCAP) to the TNRCC in October 1996, which was subsequently approved on February 26, 1997. The CCAP recommended that FHR continue submitting quarterly reports to summarize fluid level measurements and recovery well production volumes. In addition, the CCAP recommended that groundwater samples be collected annually from non-LNAPL containing monitoring wells and analyzed for total dissolved solids, BTEX and MTBE. As requested by the TCEQ in a letter dated March 16, 2010, a CCAP Addendum was prepared to describe planned improvements to the existing Terminal 2 Groundwater Recovery System. Improvements to the recovery system began in April 2011 and were completed in July 2011. System improvements included the rehabilitation of all recovery wells in the current recovery system network and the installation of three new recovery wells in the Terminal 2 Area as detailed in the Recovery System Optimization Implementation Report submitted to the TCEQ in October 2012. FHR evaluated the effectiveness of the Terminal Groundwater Recovery System in 2016 and 2017, including natural source zone depletion characterization, LNAPL transmissivity testing, and long-term LNAPL recovery rate testing. As detailed in the April 2018 report entitled "Recovery System Optimization Report"; this evaluation showed that although LNAPL recovery rates were initially high when the recovery wells were placed into operation in 1992, LNAPL recovery rates have decreased significantly during the previous 10 years. LNAPL transmissivities in most of the monitoring and recovery wells tested are below the Interstate Technology& Regulatory Council lower limit of practicality for hydraulic recovery(0.1 square feet per day) which indicates the LNAPL in these areas are no longer recoverable. Based on the results of the 2016 and 2017 recovery system evaluation, the Recovery System Optimization Report recommended shut down of several recovery wells where LNAPL has been recovered to residual saturation. The Recovery System Optimization Report also 3 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS recommended a reduction in the number of monitoring wells to be sampled due to the stability of the dissolved-phase hydrocarbon concentrations and close proximity of other monitoring wells. LNAPL Measurable LNAPL(0.01 foot or greater)was present in one or more quarterly gouging events in 19 of the 89 FHR monitoring wells. The areal extent of the LNAPL zero feet thickness contour in the Refinery Process and Terminal 2 Tank Form continues to decrease with time. Three Terminal 2 monitoring wells (monitoring wells M-2, MW-11, and MW-53) that contained LNAPL during the reporting period from July 2018 to June 2019 did not contain LNAPL during more recent reporting periods. These three monitoring wells are located near the edges of the Terminal 2 LNAPL plume that has been contracting during the previous several years. As such, the general conclusion of a stable to decreasing LNAPL plume is appropriate. In the Truck Loading Rack and Terminal 3 areas, intermittent occurrences of LNAPL remain in several monitoring wells that historically contained LNAPL. Overall, LNAPL thicknesses in the Truck Loading Rack and Terminal 3 areas are stable or declining with time. As documented in prior reports, the presence of LNAPL in the vicinity of the Truck Loading Rack area is considered by FHR to be attributable to historical Citgo operations, immediately upgrodient of the FHR Truck Loading Rack property. Citgo operates a LNAPL recovery system at this property boundary. Additionally, Citgo operates two pipelines that underlie the FHR Truck Loading area. Given that the history of the Truck Loading Rack and Terminal 3 areas have had intermittent LNAPL in several monitoring wells, but that none of the surrounding wells have shown LNAPL occurrences over this reporting period, FHR does not consider this to be a risk to the Corpus Christi Ship Channel, but continues to gouge, evaluate, and make recommendations for corrective actions if these conditions substantially change. BTEX/MTBE In 2000, FHR voluntarily added MTBE to the list of analytical parameters for the East Refinery to achieve consistency with the Corpus Christi Refineries groundwater monitoring programs. FHR developed iso-concentration contours of the dissolved-phase constituents to represent the Texas Risk Reduction Program (TRRP) Tier 1 Residential Protective Concentration Levels (PCLs) associated with a Class 1 Groundwater Resource. All analytical results were reported with detection limits at or below these PCLs. However, it should be noted the first (upper- most) and second groundwater-bearing units are Class 3 Groundwater Resources based on elevated concentrations of TDS above 10,000 mg/L in groundwater samples collected from the on-site monitoring wells, and a lack of use within a 0.5 mile radius that would result in human or ecological exposure, per TCEQ Regulatory Guidance RG-366/TRRP-8. As such, groundwater is also delineated to the TRRP Tier 1 Residential PCL for a Class 3 groundwater unit. BTEX/MTBE concentrations in the groundwater generally decrease with distance away from the LNAPL plumes and attenuate to Tier 1 Residential PCLs within approximately 100 to 300 feet of the LNAPL plumes. Dissolved phase concentrations of BTEX/MTBE have remained relatively stable or exhibit decreasing trends. The stable or decreasing dissolved-phase hydrocarbon concentrations are consistent with the monitored natural attenuation groundwater data presented in the April 2018 Recovery System Optimization Report. The 4 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS monitored natural attenuation data showed a decrease of electron receptors (oxygen, nitrate, sulfate)and an increase of electron acceptor end products(methane, ethane,ferrous iron) within and downgrodient of the dissolved-phase plumes, indicating natural microbial degradation of hydrocarbons is occurring at the refinery. In summary,groundwater monitored natural attenuation data shows hydrocarbons are being effectively remediated by naturally occurring biological processes(including these evaluated as "groundwater monitored natural attenuation" and those evaluated as "natural source zone depletion"), and the dissolved-phase groundwater plume is stable or declining. No additional environmental investigations have been conducted by the City. 5 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 2.0 SOIL AND GROUNDWATER MANAGEMENT This SGMP outlines the requirements for the City, its Contractor, and its Environmental Coordinator to manage soil and groundwater generated during construction of the desalination plant and associated pipelines.All handling, management,and disposal of contaminated soil and groundwater from the project area must be completed in accordance with requirements set forth in this document. According to previous environmental investigations conducted on and near the proposed desalination plant project area, there are known impacts to surface soils and groundwater that may be encountered during construction activities. 2.1 Execution of the Soil and Groundwater Management Plan The City has contracted with Freese and Nichols to develop this SGMP for the proposed desalination plant project. The City and its Contractors will be responsible for soil and groundwater management within the project area in accordance with the SGMP during construction activities.The project area is located in two distinct development areas that have been further subdivided into five unique SGMP zones. The completion of soil and groundwater management activities in each zone are detailed in Sections 4 through 8 of this SGMP. The City and its Contractor will identify an Environmental Coordinator that, at a minimum, meets the following experience and training;at least two verifiable years of experience performing the work outlined within the SGMP zones and/or 40-hour Hazardous Waste Operators and Emergency Response (HAZWOPER)Site Worker Training in accordance with 29 Code of Federal Regulations(CFR) 1910.120 and current 8-hour refresher training. The City, Engineer, and Contractor will coordinate construction activities such that during excavation activities in potentially contaminated areas, the Environmental Coordinator will be onsite or be readily available to answer any questions about the implementation of the SGMP during any construction activities in the project corridor. The City, its Contractor,or the Environmental Coordinator will maintain a daily log of Contractor activities with respect to soil and groundwater management. The daily log will include the following observations made during construction activities: 1. Summary of daily construction activities. 2. Extent and depth of the excavation. 3. Description of material generated. 4. Date and origin of material generated. 5. Volume of soil generated during construction. 6. Staging or final disposition for material generated from construction zone. 7. Description of groundwater encountered. 8. Date and method of groundwater recovery from each construction zone. 9. Volume of groundwater recovered from each construction zone. 10. Staging or final disposition of groundwater recovered from each construction zone. 6 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 2.2 Revisions to the Soil and Groundwater Management Plan If necessary, revisions to this SGMP are identified before or during construction activities that would be beneficial to the City, the Contractor, or the Environmental Coordinator, an addendum to this SGMP will be prepared and distributed to all appropriate parties. No revisions shall be made to the work conducted within project area without being specified in an addendum or revision to the SGMP. 7 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 3.0 CONSTRUCTION ZONE OUTLINE The Inner Harbor Desalination Plant Project was divided into the following five distinct construction zones as shown in Figure 2: • Construction Zone 1: This area includes the entire footprint of the proposed Inner Harbor Desalination Plant. The area was historically used for residential purposes. The area was predominantly developed as residential single-family dwellings as early as the 1950s with most of the residential structures being removed by the early 2000s. Soils in this area may have been indirectly impacted by surrounding industrial land uses. In 2010, the TCEQ installed a series of environmental soil borings, ranging in depth from 10 to 25 feet below ground surface, within this zone to evaluate soils and groundwater underlying the Hillcrest Community.Shallow groundwater reported on soil boring logs from 2010 indicate groundwater was present at 7.5 to 22.5 feet below ground surface across the area. All of the shallow monitoring wells were plugged. No permanent water wells were identified within this zone. Shallow groundwater in this area may have been indirectly impacted by migrating groundwater plumes from adjacent industrial facilities. • Construction Zone 2: This area includes a section of the pipeline corridor for the influent and effluent pipelines from the proposed Inner Harbor Desalination Plant to the Corpus Christi Bay Industrial Canal.This area includes an existing railroad right-of-way and some industrial uses.Soils in this area may have been directly impacted by the presence of the railroad tracks and indirectly impacted by surrounding industrial land uses. Shallow groundwater in this area may have been indirectly impacted by migrating groundwater plumes from adjacent industrial facilities. • Construction Zone 3: This area includes a section of the pipeline corridor for the influent and effluent pipelines within the FHR facility where recent environmental sampling has indicated elevated concentrations of TPH, BTEX, and MTBE and the presence of LNAPL. Soils in this area may have been directly impacted by the historical operations of the FHR. Shallow groundwater in this area may have been directly impacted bythe historical operations of the FHR and migrating groundwater plumes the onsite industrial facilities. • Construction Zone 4: This area includes a section of the pipeline corridor for the influent and effluent pipelines within the FHR facility as well as the proposed raw water intake pump station. Soils in this area may have been directly or indirectly impacted by the historical operations of the FHR. Shallow groundwater in this area may have been directly or indirectly impacted by the historical operations of the FHR and migrating groundwater plumes the onsite industrial facilities. • Construction Zone 5: The area includes a section of the pipeline corridor for the influent and effluent pipelines within the FHR facility as well as the proposed raw water intake and discharge diffuser. Construction in this zone is located within the tidally influenced Industrial Canal off of Corpus Christi Bay. Sediment this area may have been directly or indirectly impacted by the historical operations of the FHR. Surface water and underlying groundwater in this area may have been indirectly impacted by the historical operations of the FHR and migrating groundwater plumes the onsite industrial facilities. 8 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS c 10 � r - a 4 l JC.L nstruction Zane�4� J A *Mp n `�. ,.onstruction Zane 3 ��Co ian , A , r 1 �.. � � � �� Y�. .✓� ,/ rr / tr III ® MTBE and BTEX Well Locations LNAPL Well Locations January 2020 LNAPL Plumes ® 0 500 1,000 Raw Water Intake Pump Station Feet , Proposed Property Boundary Nmo r7FREESE City ur Curl7us Christi COR20596 .NICHOLS `anhryli.P Nueceeaarm o Soil and Groundwater Managment Plan °� 2 F'N!lhi:fti It til�Fllll Y, 2 �� F 11,15.,32 Ml1 chem tt.�••I.tiuitc 2Aoo 5/55 102 ph_(81`735 73 SGMP Construction Zones PNom•,81'!,'1!.5.]300 . oENarao AHM FIGURE d0.�FTEp !mo Path NI ENVP(MYMENTAUVOIt"',.%,F,�:t,. ..es..a, rl,.�4A3Syf,P4-T..SFuf.0 JrF)FPS4204F�.' 9 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 4.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 1 The Contractor will be responsible for conducting construction activities within Construction Zone 1 in accordance with the following procedures. 4.1 Generated Soils Previous environmental investigation data within Construction Zone 1 and in the area surrounding the proposed plant site indicate that soils in this zone have a lower likelihood of impacts from historical FHR operations and other industrial uses in the area. All generated soils from within the Construction Zone 1 should be segregated by the Contractor in stockpiles in accordance with the construction plans and specifications. All excess soils that cannot be reused within the project footprint in Construction Zone 1 should be placed in lined stockpiles for reuse as possible during the project. The lining should be consistent with impermeable plastic sheeting with a thickness of at least 6 mil. Plastic sheeting should be used to cover the stockpiles or roll-off containers during non-working hours or during precipitation events.Stockpiled soils from Construction Zone 1 should not be comingled with soils from other zones. Generated soils can be returned to the excavation during construction activities. TCEQ and U.S. Environmental Protection Agency (EPA) guidance for common utility projects and excavation-type activities indicates that all generated soils, regardless of the level of contamination, can be returned to the excavation or utility trench from which it was derived for use as backfill whenever possible under Resource Conservation and Recovery Act(RCRA) requirements. Copies of the TCEQ rule and EPA letter are included in Appendix A. Soils generated from Construction Zone 1 can be used as fill material as needed in Construction Zones 2, 3, or 4, and on-site reuse is strongly encouraged to reduce disposal costs. Generated soils from Construction Zone 1 may not be placed in Construction Zone 5. Generated soils in this area would likely be classified as a Class II non-hazardous waste. All excess soils that cannot be reused within the project footprint should be placed into lined, roll-off containers. Prior to transport and disposal of generated soils, any necessary waste classification sampling efforts and coordination with the disposal landfill must be completed by the Contractor.Waste classification sampling is anticipated to include TPH by Texas Method 1005 and BTEX-MTBE by EPA Method 8021. It should be noted that the actual analyses and associated frequencies warranted for profiling and landfill approval may vary based on the landfill's requirements. The number of laboratory analyses is determined by the amount of waste material warranting off-site disposal and specific analytical requirements of the landfill. The Contractor will be responsible for ensuring that all soils leaving the site are covered under an approved landfill profile or waste acceptance application and accompanied by unique, numbered waste manifests or load authorization tickets. Copies of the manifests or load authorization tickets should be returned to the City Project Engineer. 4.2 Recovered Water Shallow groundwater is likely to occur across the project site. In addition, it is possible that stormwater runoff at the site may occur during construction activities. The actual amount of accumulated water 10 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS generated from dewatering during construction activities will depend on the conditions encountered at the site and the construction methods utilized. During periods of work stoppage, berming open excavations to prevent stormwater runoff into the open excavations is recommended. Shallow groundwater and stormwater runoff in the area is potentially contaminated with petroleum hydrocarbons, MTBE, and BTEX. Any groundwater or stormwater encountered in the trenches during construction shall be recovered and containerized in watertight containers. If water is recovered from Construction Zone 1, the Contractor should conduct waste classification sampling to determine the final disposition of the accumulated water. Based on the waste classification results, there may be several options available to the Contractor to dispose of the water recovered from Construction Zone 1: • Water may require transport and disposal to a commercial disposal facility. • Water may meet City requirements to be discharged to the City sanitary sewer system with advance coordination with the City. This will likely involve collecting a representative composite sample of the water to be discharged in accordance with the terms of the City.These analyses are likely to include a subset of the chemicals of concern outlined in the National Pollutant Discharge Elimination System (NPDES) requirements for industrial discharges into publicly owned treatment works (Title 30 of the Code of Federal Regulations Chapter 122,Appendix D, Tables 2 and 3). • Water may meet requirements to be discharged directly to an upland area and allowed to drain across the site by overland flow. • Water may meet requirements to be reused for dust control or other source water needs on the project site. The City Project Engineer will provide final direction to the Contractor on proper disposal or discharge of the recovered water. 11 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 5.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 2 The Contractor will be responsible for conducting construction activities within Construction Zone 2 in accordance with the following procedures. 5.1 Generated Soils Previous environmental investigation data within Construction Zone 2 and in the surrounding area indicate that soils in this zone have potentially been impacted by the presence of the railroad tracks in the area, historical FHR operations, and other industrial uses in the area. Possible contaminants of concern (COCs) in the Construction Zone 2 include TPH, BTEX, MTBE, polycyclic aromatic hydrocarbons(PAHs),and heavy metals. All generated soils from within the Construction Zone 2 should be segregated by the Contractor in stockpiles in accordance with the construction plans and specifications. All excess soils that cannot be reused within the project footprint in Construction Zone 2 should be placed in lined stockpiles for reuse as possible during the project. The lining should be consistent with impermeable plastic sheeting with a thickness of at least 6 mil. Plastic sheeting should be used to cover the stockpiles or roll-off containers during non-working hours or during precipitation events.Stockpiled soils from Construction Zone 2 should not be comingled with soils from other zones. Generated soils can be returned to the excavation during construction activities.TCEQ and EPA guidance for common utility projects and excavation-type activities indicates that all generated soils, regardless of the level of contamination, can be returned to the excavation or utility trench from which it was derived for use as backfill whenever possible under RCRA requirements. Copies of the TCEQ rule and EPA letter are included in Appendix A. Soils generated from Construction Zone 2 can be used as fill material as needed in Construction Zones 3 or 4, and on-site reuse is strongly encouraged to reduce disposal costs. Generated soils from Construction Zone 2 may not be placed in Construction Zone 5. Generated soils from Construction Zone 2 should not be reused in Construction Zone 1 without confirmation from the City. Generated soils from Construction Zone 2 should be visually screened (i.e., no observed staining, no observed photoionization detector(PID) readings, no observed odor, etc.) and potentially sampled for TPH, BTEX, and MTBE concentrations to be reused within Construction Zone 1. Generated soils in this area would likely be classified as a Class II non-hazardous waste. All excess soils that cannot be reused within the project footprint should be placed into lined, roll-off containers. Prior to transport and disposal of generated soils, any necessary waste classification sampling efforts and coordination with the disposal landfill must be completed by the Contractor.Waste classification sampling is anticipated to include TPH by Texas Method 1005 and BTEX-MTBE by EPA Method 8021. It should be noted that the actual analyses and associated frequencies warranted for profiling and landfill approval may vary based on the landfill's requirements. The number of laboratory analyses is determined by the amount of waste material warranting off-site disposal and specific analytical requirements of the landfill. The Contractor will be responsible for ensuring that all soils leaving the site are covered under an approved landfill profile or waste acceptance application and accompanied by unique, numbered waste manifests or load authorization tickets. Copies of the manifests or load authorization tickets should be returned to the City Project Engineer. 12 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 5.2 Recovered Water Shallow groundwater is likely to occur across the project site. In addition, it is possible that stormwater runoff at the site may occur during construction activities. The actual amount of accumulated water generated from dewatering during construction activities will depend on the conditions encountered at the site and the construction methods utilized. During periods of work stoppage, berming open excavations to prevent stormwater runoff into the open excavations is recommended. Shallow groundwater and stormwater runoff in the area is potentially contaminated with petroleum hydrocarbons, MTBE, and BTEX. Any groundwater or stormwater encountered in the trenches during construction shall be recovered and containerized in watertight containers. If water is recovered from Construction Zone 2, the Contractor should conduct waste classification sampling to determine the final disposition of the accumulated water. Based on the waste classification results, there may be several options available to the Contractor to dispose of the water recovered from Construction Zone 2: • Water may require transport and disposal to a commercial disposal facility. • Water may meet City requirements to be discharged to the City sanitary sewer system with advance coordination with the City. This will likely involve collecting a representative composite sample of the water to be discharged in accordance with the terms of the City.These analyses are likely to include a subset of the chemicals of concern outlined in the National Pollutant Discharge Elimination System (NPDES) requirements for industrial discharges into publicly owned treatment works (Title 30 of the Code of Federal Regulations Chapter 122,Appendix D, Tables 2 and 3). • Water may meet requirements to be discharged directly to an upland area and allowed to drain across the site by overland flow. • Water may meet requirements to be reused for dust control or other source water needs on the project site. The City Project Engineer will provide final direction to the Contractor on proper disposal or discharge of the recovered water. 13 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 6.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 3 The Contractor will be responsible for conducting construction activities within Construction Zone 3 in accordance with the following procedures. 6.1 Generated Soils Previous environmental investigation data within Construction Zone 3 and in the surrounding area indicate that soils in this zone have potentially been impacted by historical FHR operations and other industrial uses in the area. Possible COCs in the Construction Zone 3 include TPH, BTEX, MTBE, and PAHs. All generated soils from within the Construction Zone 3 should be segregated by the Contractor in stockpiles in accordance with the construction plans and specifications. All excess soils that cannot be reused within the project footprint in Construction Zone 3 should be placed in lined stockpiles for reuse as possible during the project. The lining should be consistent with impermeable plastic sheeting with a thickness of at least 6 mil. Plastic sheeting should be used to cover the stockpiles or roll-off containers during non-working hours or during precipitation events.Stockpiled soils from Construction Zone 3 should not be comingled with soils from other zones. Generated soils can be returned to the excavation during construction activities.TCEQ and EPA guidance for common utility projects and excavation-type activities indicates that all generated soils, regardless of the level of contamination, can be returned to the excavation or utility trench from which it was derived for use as backfill whenever possible under RCRA requirements. Copies of the TCEQ rule and EPA letter are included in Appendix A. Soils generated from Construction Zone 3 should not be used as fill material in other zones. Generated soils in this area may be classified as a Class I non-hazardous waste. All excess soils that cannot be reused within Construction Zone 3 should be placed into lined, roll-off containers. Prior to transport and disposal of generated soils, any necessary waste classification sampling efforts and coordination with the disposal landfill must be completed by the Contractor. Waste classification sampling is anticipated to include TPH by Texas Method 1005 and BTEX-MTBE by EPA Method 8021. It should be noted that the actual analyses and associated frequencies warranted for profiling and landfill approval may vary based on the landfill's requirements. The number of laboratory analyses is determined by the amount of waste material warranting off-site disposal and specific analytical requirements of the landfill. The Contractor will be responsible for ensuring that all soils leaving the site are covered under an approved landfill profile or waste acceptance application and accompanied by unique, numbered waste manifests or load authorization tickets. Copies of the manifests or load authorization tickets should be returned to the City Project Engineer. 6.2 Recovered Water Shallow groundwater is likely to occur across the project site. In addition, it is possible that stormwater runoff at the site may occur during construction activities. The actual amount of accumulated water generated from dewatering during construction activities will depend on the conditions encountered at the site and the construction methods utilized. During periods of work stoppage, berming open excavations to prevent stormwater runoff into the open excavations is recommended. 14 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS Shallow groundwater and stormwater runoff in the area is potentially contaminated with petroleum hydrocarbons, MTBE, and BTEX. Any groundwater or stormwater encountered in the trenches during construction shall be recovered and containerized in watertight containers. If water is recovered from Construction Zone 3, the Contractor should conduct waste classification sampling to determine the final disposition of the accumulated water. Based on the waste classification results, there may be several options available to the Contractor to dispose of the water recovered from Construction Zone 3: • Water may require transport and disposal to a commercial disposal facility. • Water may meet City requirements to be discharged to the City sanitary sewer system with advance coordination with the City. This will likely involve collecting a representative composite sample of the water to be discharged in accordance with the terms of the City.These analyses are likely to include a subset of the chemicals of concern outlined in the National Pollutant Discharge Elimination System (NPDES) requirements for industrial discharges into publicly owned treatment works (Title 30 of the Code of Federal Regulations Chapter 122, Appendix D, Tables 2 and 3). • Water may meet requirements to be discharged directly to an upland area and allowed to drain across the site by overland flow. • Water may meet requirements to be reused for dust control or other source water needs on the project site. The City Project Engineer will provide final direction to the Contractor on proper disposal or discharge of the recovered water. 15 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 7.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 4 The Contractor will be responsible for conducting construction activities within Construction Zone 4 in accordance with the following procedures. 7.1 Generated Soils Previous environmental investigation data within Construction Zone 4 and in the surrounding area indicate that soils in this zone have potentially been impacted by historical FHR operations and other industrial uses in the area. Possible COCs in the Construction Zone 4 include TPH, BTEX, MTBE, and PAHs. All generated soils from within the Construction Zone 4 should be segregated by the Contractor in stockpiles in accordance with the construction plans and specifications. All excess soils that cannot be reused within the project footprint in Construction Zone 4 should be placed in lined stockpiles for reuse as possible during the project. The lining should be consistent with impermeable plastic sheeting with a thickness of at least 6 mil. Plastic sheeting should be used to cover the stockpiles or roll-off containers during non-working hours or during precipitation events.Stockpiled soils from Construction Zone 4 should not be comingled with soils from other zones. Generated soils can be returned to the excavation during construction activities.TCEQ and EPA guidance for common utility projects and excavation-type activities indicates that all generated soils, regardless of the level of contamination, can be returned to the excavation or utility trench from which it was derived for use as backfill whenever possible under RCRA requirements. Copies of the TCEQ rule and EPA letter are included in Appendix A. Soils generated from Construction Zone 4 can be used as fill material as needed in Construction Zones 2, 3, or 4, and on-site reuse is strongly encouraged to reduce disposal costs. Generated soils from Construction Zone 4 may not be placed in Construction Zone 5. Generated soils from Construction Zone 4 should not be reused in Construction Zone 1 without confirmation from the City. Generated soils from Construction Zone 4 should be visually screened (i.e., no observed staining, no observed PID readings, no observed odor,etc.)and potentially sampled for TPH, BTEX,and MTBE concentrations to be reused within Construction Zone 1. Generated soils in this area would likely be classified as a Class II non-hazardous waste. All excess soils that cannot be reused within the project footprint should be placed into lined, roll-off containers. Prior to transport and disposal of generated soils, any necessary waste classification sampling efforts and coordination with the disposal landfill must be completed by the Contractor.Waste classification sampling is anticipated to include TPH by Texas Method 1005 and BTEX-MTBE by EPA Method 8021. It should be noted that the actual analyses and associated frequencies warranted for profiling and landfill approval may vary based on the landfill's requirements. The number of laboratory analyses is determined by the amount of waste material warranting off-site disposal and specific analytical requirements of the landfill. The Contractor will be responsible for ensuring that all soils leaving the site are covered under an approved landfill profile or waste acceptance application and accompanied by unique, numbered waste manifests or load authorization tickets. Copies of the manifests or load authorization tickets should be returned to the City Project Engineer. 16 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 7.2 Recovered Water Shallow groundwater is likely to occur across the project site. In addition, it is possible that stormwater runoff at the site may occur during construction activities. The actual amount of accumulated water generated from dewatering during construction activities will depend on the conditions encountered at the site and the construction methods utilized. During periods of work stoppage, berming open excavations to prevent stormwater runoff into the open excavations is recommended. Shallow groundwater and stormwater runoff in the area is potentially contaminated with petroleum hydrocarbons, MTBE, and BTEX. Any groundwater or stormwater encountered in the trenches during construction shall be recovered and containerized in watertight containers. If water is recovered from Construction Zone 4, the Contractor should conduct waste classification sampling to determine the final disposition of the accumulated water. Based on the waste classification results, there may be several options available to the Contractor to dispose of the water recovered from Construction Zone 4: • Water may require transport and disposal to a commercial disposal facility. • Water may meet City requirements to be discharged to the City sanitary sewer system with advance coordination with the City. This will likely involve collecting a representative composite sample of the water to be discharged in accordance with the terms of the City.These analyses are likely to include a subset of the chemicals of concern outlined in the National Pollutant Discharge Elimination System (NPDES) requirements for industrial discharges into publicly owned treatment works (Title 30 of the Code of Federal Regulations Chapter 122, Appendix D, Tables 2 and 3). • Water may meet requirements to be discharged directly to an upland area and allowed to drain across the site by overland flow. • Water may meet requirements to be reused for dust control or other source water needs on the project site. The City Project Engineer will provide final direction to the Contractor on proper disposal or discharge of the recovered water. 17 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 8.0 ACTIVITES OCCURRING IN CONSTRUCTION ZONE 5 The Contractor will be responsible for conducting construction activities within Construction Zone 5 in accordance with the following procedures. 8.1 Generated Sediment Previous environmental investigation data conducted inland adjacent to Construction Zone 5 indicate that sediment in this zone may have potentially been impacted by historical FHR operations and other industrial uses in the area. Possible COCs in the Construction Zone 5 include TPH, BTEX, MTBE, and heavy metals. Sediment dredged or excavated during construction activities in Construction Zone 5 should be segregated by the Contractor in accordance with the construction plans and specifications. All generated sediment in Construction Zone 5 should be placed in the temporary soil storage easement for proper final disposition. Sediment generated from Construction Zone 5 should not be used as fill material in other construction zones. If permanent reuse areas are not identified for generated sediment, any dredged or excavated sediment should be transported offsite for disposal. Prior to transport and disposal of generated sediment, any necessary waste classification sampling efforts and coordination with the disposal landfill must be completed by the Contractor.Waste classification sampling is anticipated to include TPH by Texas Method 1005, BTEX-MTBE by EPA Method 8021, and heavy metals by EPA Method 6020. It should be noted that the actual analyses and associated frequencies warranted for profiling and landfill approval may vary based on the landfill's requirements. The number of laboratory analyses is determined by the amount of waste material warranting off-site disposal and specific analytical requirements of the landfill. The Contractor will be responsible for ensuring that all soils leaving the site are covered under an approved landfill profile or waste acceptance application and accompanied by unique, numbered waste manifests or load authorization tickets. Copies of the manifests or load authorization tickets should be returned to the City Project Engineer. 8.2 Dewatering Activities Any work area that requires dewatering during construction shall prevent the accumulation of surface water in containment vessels whenever possible.All surface water dewatered from the construction area should be redirected to the Industrial Canal/Corpus Christi Bay outside of the project work area utilizing the appropriate sediment and erosion control best management practices. 18 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 9.0 OFFSITE MANAGEMENT OF SOIL AND GROUNDWATER Any generated soils that are not returned to the excavation shall be loaded into roll-off containers or haul trucks utilizing appropriate equipment. Final characterization and profiling of the excess generated soil for offsite disposal at a licensed facility is the responsibility of the Environmental Coordinator. The stockpiled material shall remain at the staging area until waste classification has been completed. Final characterization and profiling of the recovered groundwater for offsite disposal at a licensed facility is the responsibility of the Contractor.The recovered water shall remain in the holding tanks at the staging area until waste classification has been completed. Decontamination water and recovered groundwater mud shall be disposed of utilizing a vacuum truck, tanker truck or other appropriate mode of transportation by a state licensed waste transporter to the appropriate licensed disposal facility. 19 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS 10.0 CONSTRUCTION WORKER HEALTH &SAFETY PROCEDURES 10.1 Personal Protective Equipment (PPE) Due to the presence of potential COCs in soil, groundwater, and sediment, construction workers in each of these project areas could potentially be exposed to the COCs via dermal contact, ingestion, and/or inhalation exposure pathways. The Contractor and Environmental Coordinator shall ensure that all applicable worker health and safety and construction safety regulations, including 20 CFR 1910.120,are properly applied. All required medical monitoring, worker health and safety monitoring, and PPE shall be provided by the Contractor. 10.2 Equipment Decontamination Equipment shall be decontaminated before moving from a more impacted to less impacted project areas. Therefore, decontamination of equipment is required: • When moving from Construction Zone 3 to any other construction zone. • When moving from Construction Zones 2, 3, and 4 to offsite. 20 Soil and Groundwater Management Plan FREESE City of Corpus Christi Inner Harbor Seawater Desalination Project rm NICHQLS Appendix A EPA and TCEQ Guidance on Reuse of Generated Soils During Construction Soil and Groundwater Management PlanFREESE City of Corpus Christi Inner Harbor Seawater Desalination Project EMOMIWNICHOLS Texas Administrative Code fags 1 u1- <CPrev Rule Next Rule Texas Administrative Code TITLE 30 LNVIJMNN11 ti I-%I- QI.AIATY PARC 1 'CI:XAS COMMISSION ON LAVIRO NN11-N I Al- Ot AIA I Y CHAPTER 350 TLXAS RISK REDL-1- :-I-IU\ PROGRAM SUBCHAPTER 13 RLNII LM S I ANUAIWS RULE§350.30 Relocation of Soils C om,'lliiin t lietniclils oFConcern for Rcu°e Nirpo,cs Ia) A per'trtl 11111st cornlik.With this section n herl It°loc:ltin soil, for reuse purl) +, , Iikill) :111afl'Ccted propert" (on-'ite trr off-site) ti�hich is underLoillr1"or lllIS completed a response action under Kemcdy Standa,d A or 13 and tic,0111 corltaitl ('UL S in c\cewS 01 M111,11 L11 occtlrrinLbackground con enna[inn,. Relt,eatiotl to '4111, Ml,cll iollLllll }t ?lila\' hi`,tlhtCC1 10:ILI(I1t1i+11[11 rL'Llllll'C111in11 01' ll,llllaholiti(e_s . lantl CI1>p1+x:11 rc•'I.11cl1011ti}V 1thlil cacl1proLnim area idcrinilet] til of this title lrclatinrL, to Applicability i" I he person Ilnl.1 treat excasated soil-,conulinina 11011-atlucuu5 phase hllll,LI, to ;1pl)IIL ahiL' iL"1'c 1, pilin'io relocation or else manage the soils a, 11:I,CL',. l he excavation of ~Oil'collulinllig C OC.s Lilo!_' coll,trllelion activities(e.L•.. installation, rel)Lilr. relmr al cit telephone lirie�Or 011M LltllltlC�,blit 1101 clo-�ure.. rclnctli4itian,,or I'S C tank rcimr,al actions. for example)and the ,11h,�q(lcnt replacciltcnt oI tlw,c soils Hilo ilr,,t ,cn1, c\k::a�4inon ,hall o7t he considered to corlwtilllte relocation or retia:ane& :hall not be ,abject to the pro\isiolls of thi' section. i hl i he per,l.+11 Ina relocate~oily for reuse in response to Remedy Standard A when CC)Cs meet the rit ,�a ,oil 110..:old the following requirements for the new location. (1)Sails to be 1L'II Cd mtist meet the residenlial or commercial/industrial critical surface or sitb,iirface ,oil I'('f • .l, :.nplicah .- Io,. (lie nc , 'vocation, depending upon depth of placement, estabI lSll.:d in aIL_ d.lnc; ,�i!1, ti;:l,ch:ptcl 1)o this chapter(relating to Development of Protective Colic cr,l lt11 loll l 1.c.c'.1. (2)'l he soil reuse ,'r all be protective of ecological receptors at the new location. (3)The soil reuse activity must allon-the requirements for Remedy Standard A response actions set iON11 i„ X330_321;1)of illi. 1111�:[rcla[ln_I itc111o(k SIamdard A) to b,� Ine1 al ?hc r,e�� location. (41 The per, )n ,Iia1's conipl\ will) lh�:•illti,ituliollal control requirement lilt c 11)1111 ,tial industrial lams) u,e as •peri I icd in ;3511-3 I( )oI 1111, tills (rcla[ir,`_ 3o ocncral Requirer,wut, IUB- Rcrlledk SianLLii(ki. frits+t oI coiii1ili:I,iCe illilt 111C II„t,[1111011111 C0111111 rcltunrn,elll ,h:lll he,uhnlitted �%ithln 00 Lf;lYti X11 C"Inpletll)g the rel" alllltl acl11+11. (5,1 1 he rcll,C o± soli, 1�1111 cn,lccntrat,o,a,of('(X 1ti Mich do I,ul c,,ccc:d the critical soil PCLs lm the nes+ location dui, 1101 reLltlli c the pi-i1+r apprmG d of the executive director,when that new location I,, �111hill the poundal-. o Ioll-,lie or o I-;wile proprrt\ lilch contains the affected property(i.e.,not just within the atlected property 1lnias). (c)The person must meet the loIIowl n_=rcgWTCmcnts in respon.e to Reined, Siandard 13 �ti lien soils that are to he relocated I'm reuse purposes contain c011WItratillns of C'UCs that exceed the critical soil PCLs for the new location, hllp•: l'ewrcc.,cr,•,ta'Ie.tv.ln public I uc1';Lge.'�l 1L&opp Qb':t,_Ltii &p_rloc &. 1 '.'_' __1017 Soil and Groundwater Management PlanFREESE City of Corpus Christi Inner Harbor Seawater Desalination Project EMOM NICHOLS Texas Administrate.c C ode Page 2 of 2 I l r Hiperson ,}tall determine the critical surface and,if applicable,subsurface soil PCL.s in , CurclanCC V,ith 5ubdlapter D of this chapter(relating to Development of Protective Concentration Lc"els) for the Itlw location. ( i The NoII reuse r,rust be prolcwleve o eeoIo_'ical receptors at the new location. l?i 1-he per.Mnn ,hall dcmoll-�lrale iha1 the,oil muse activity will allow the requirements for Remedy 51a11LLii d Ii r�:spon;c nCleculs,c Ik+r 111 eu `. �01,Ra)of thea [elle I rc14tirl_� t lZcnrcdv tita11kLircl I?1 to be nwl Or€hC ll'� tov anOli. [ 1 i I hL: per,on ,h;rll conrpl� ��illi the instilutiorlal conircrl requircrncots sp"il-le(l ill I I i of l}liti Idle IrAlliw_= In Cicr)"r,ll Rcg(rirrnrcrl1, liar TZcriicd, 5tankhirkls). Proof ofcompliarlcc xi Ili the ;,,;littrtecnrll eolllrol ,Ball be,ulrr,reltcd v,ilhin 90 days ofcompleting the relocation action. fi The rcur c of soil under RemeLiN titantlard B requires prior executive director approval. (6) 1'lie executive director may require the person to conduct post-response action care and submit PRACRs. (7)The cxecutive director may require the person to provide linanckil assurance for post-response JC11 n e;ire m re,poil,e io X.150,3,(c)(')(C )of dais lelle lrcl;ilen , to RL:TilQd.\ 5fanbuil 13}, 1111 11',"lihich contain concentrations of COCl abox e nalur,l?ly-occw-rM , lc,,els restlhML, from a rele;t;e arc to be relocated for reuse on pnaper-ly nen 01A Tied by s':le person,then the person shall obtain the ��riltcrl cOwscill krI'11ie landowner prior it)rcloc.uiorl ol"thc> 'i Is, (e)Wilhin 90 d,lk^s of completing a soil relocation action under this ,cction. the person shall complete the ;Ipplicahlc IloiIion;o1':I kACR as tic,,nK-Li in �\.i�li.01 �II`l1)iI €illy I tJH Ill" 111 1� ;ll,,il,c %clion olnpletion 17cport I :incl make it avail;thle Ior in;peeleon or-,uhntitt;tl upon reque;t of ilic executive cl i rector. Source Note: The provisions of this§350.36 adopted to be effective September 23, 1999 24 1 CxReL-, 7436 NeXL rage Prev: i. ; :.., , List cat Titles Back to List haps: 'Ietrcr`F.•us.state.tv.0 public sL:aclla� :rt.lacl'ape:'til—lac a,�p—`tip dIi=&p_rloc=&... 1 2� 2017 Soil and Groundwater Management PlanFREESE City of Corpus Christi Inner Harbor Seawater Desalination Project 91:RICHOLS 9-1 11.19921 16 L nilc'cl Ilrc, ir, :Ince nI,I I'I h'itioti ;1 c110 11,ss'Iziia;:;tLrn, RA 41,(' 01f ice ui Solid VN,>,L,,aj,i,` I t,-,e•r :e n; 1�e'<hori E June• 11,1992 Mr. Douglas H.Green Piher& 1larhury 1200\itic'te l)[11 51reel, '\.LV. Washington,D.C.20036-243o Dear Mr.Green: 1'lianlc e ou fur N OUF Icucr of April 30,1992,rl-„ Jue,tin- cl,irlfi4ati„tl c,d llic• Fm iroiiiilc•nl,il Pr,rtrclioti —,--iicN's 0-I'A':s) ill t0l-r]- °tatictti of of:c'rt.tirl Rc°-�cratrcc, Carri ers aticvn Vinik Kecovery Act(12CI1A) requirements to common aAc',1N ati.Wl-tE J-)C ric-li3.ilieS. Thc particular situation�\-hich you presentcd iii N-our letter in\ole es exia�ation of as tre116iiig 1p rations for l i}�rllnc' in�lall.tiion, W Irerc• Ilir 'will rrr.t- he h,ri.rrdy,trs by cliaracteri;tic, or ni,i\ ecint,iin liL4tc'cl liaiat'dcco'; We understand that w our cluc'Slions sPeciticall� relate to excavations bein-,, conducted tni�Itlblic or at other•irriilar locations that are:not itli or are part cst t1 RCRA regulated treatnieiit,storage,or disposal facility. In the c rrli}'lc i�hich �c,tc c'itc'ci iii ' cur Ic'UCF. tato ticril', fr(}rit the ewa\atiori Or con"lrtac tiara actin itiew are tern}?ur,3rik moi ed within the arca of otitatliination, and sunset}i.teritk rcdeposited into the same rxi,,\,tttci arc'.t. [n Lhcwc wittr,tiic1n , i'Ic ,r ;rcc ilial v4cch activity does not ccro•tittitr trratrau^nt,st+ r,1c,r, Of it hazardous waste under RCRA. Tic•ac tii;:\- .,I placing�-,-aste in the k1rtnuid N�ould not norrnalh rrrcL t Ill, rc,u .a l,cr. dc•fisiit_ccris of Irc•,ttnu nt” or �-ly,t',t c l 10 C_I N '[,i.' ;iia 11, "Il iic,l I, VOU noted in VOW- letta•r. nrc+r'eon'nt Of t .',I1 .II )4i to Ili irl'IV i c,l doe S not CO[IltitIIte eland dl L,I" 'It I' I tl:c;;;i hafarclocc cGaste Lii5po5al IV. Lt•. trc= ti- I N •,.,a,l• llarch8, 1 Thaw,RC RA TV(]Uirernents In h I, I I li .p ,,,i! rc •;ri, ' c,ti c�, irlei not apply. NO i. lt•-➢ Soil and Groundwater Management PlanFREESE City of Corpus Christi Inner Harbor Seawater Desalination Project EMMMIWNICHOLS With respect to generator requirements,as you indicated,a hazardous waste"generator"is one,by site,who produces a hazardous waste or first causes the waste to be regulated as hazardous(40 CFR 260,10).In the circumstances you described,the excavation does not"produce"the hazardous waste,nor does it subject the waste to hazardous waste regulation since,as discussed above,the activity you described is not"treatment,"storage,or "land disposal"of hazardous waste.Therefore,we agree that the activity is not subject to any generator requirements. Please let me know if you have any further questions regarding this issue. Sincerely yours, Sylvia K.Lowrance,Director Office of Solid Waste RQ 11.671 0 1 Inner Harbor Water Supply P roj ect Authorizing Acquisition of Property Agenda Item 23-0044 Corpus December 20, 2022 Christi Waters- Serving the Coastal Bend Background • Location Map. • Cost and basis of terms. • Recommendation. CCWW" Location Map ANh e0r c Cost and Basis of Terms • Agreement between City and Flint Hills Resources Corpus Christi, LLC to acquire real property and easements. • 728 days to restore property in the event that the city elects not to close if all permits are not granted. • City will have the right to terminate contract at any time during the feasibility period. • Flint Hill Resources will have the right to re-purchase all property and easement rights within 5 years of closing of conveyance. CCWW" Cost and Basis of Terms • $5,455,000 — Based on Valbridge appraisal from January 20, 2021 • 12.5 acres fee simple Property in the amount of $2,380,000 ($4.37 per square ft). • 11 acres for easements in the amount of $3,075,000. • Cost includes non-refundable Option Period fees. • Prior to exercising option & closing the purchase, The City will obtain: • Water rights permit from the TCEQ. • Discharge permit from the TCEQ. • All necessary permits from the U.S. Army Corps of Engineers. • Disannexation of the Property. • Authorization to execute a 212 ETJ Development Agreement. • Encumbrance of the full amount of the Purchase Price ($5,455,000). CCW Recommendation • Staff recommends approval. • Purchase of the Flint Hills property and associated easements. • Purchase of an easement from Union Pacific Railroad. • Authorize the use of eminent domain, if necessary, to acquire these property interests from Flint Hills and Union Pacific for public use for water supply projects. CCW Thank you ! Corpus Christi Water- Serving the Coastal Bend se o H U NIORPORpI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 20, 2022 DATE: December 14, 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operations Officer for Water Utilities michaelmur(a)cctexas.com (361) 826-3556 Determining Public Necessity and authorizing acquisition of property by eminent domain for the Inner Harbor Desalination Water Supply Project CAPTION: One-Reading Ordinance authorizing execution of all documents necessary to acquire an underground utility easement from Union Pacific Railroad near Broadway Street and Palm Drive; declaring a public use and necessity; and authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire an underground utility easement for water supply projects across railroad right-of-way near Broadway Street and Palm Drive in a manner that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities SUMMARY: The ordinance authorizes the City Manager or designee to execute all contracts and instruments provided the amounts are within Council-approved project budgets to acquire an underground utility easement crossing Union Pacific Railroad property. The cost of the easement is not expected to exceed $50,000. In the event the City and Railroad are not able to agree to an underground crossing, this ordinance authorizes the City Manager to proceed with eminent domain proceedings in order to acquire the property interests needed for this water supply project. City Council must first determine that a public use and necessity exists for the project and then must delegate its authority to use the power of eminent domain to the City Manager. Eminent domain proceedings will be necessary only if the City and the landowner cannot reach an agreement on the terms of the property acquisition. BACKGROUND AND FINDINGS: The City of Corpus Christi has been working on alternative water sources for decades. Following the 2011-2013 drought, the City of Corpus Christi along with stakeholders formed a group to investigate potential water sources for a new, uninterruptible water supply for the region. Following extensive evaluations of the quality, quantity, and reliability of alternative water supplies, seawater desalination was determined to be the most safe, reliable, and cost-effective alternative. On July 23, 2020, the City of Corpus Christi was approved to receive funding through the State Water Implementation Fund for Texas (SWIFT) loan program in an amount not to exceed $222,475,000 from the Texas Water Development Board (TWDB) to fund the design and construction of a seawater desalination facility within the Inner Harbor to provide a future water supply. On August 25, 2020, City Council authorized the financial agreement to accept the first part of the loan, $11 ,425,000, from the TWDB. Pursuant to the plan presented to City Council, this item proceeds with Land Acquisition, Easements, Right of Ways, and Site Mitigation. ALTERNATIVES: No alternatives are available for a governmental entity to be able to use of its power of eminent domain. Under Texas law, Council must adopt a resolution or ordinance at a public meeting by a record vote delegating its authority. FINANCIAL IMPACT: No financial impact to approving this resolution. RECOMMENDATION: Staff recommends approval of resolution to acquire property for the Inner Harbor Desalination project. LIST OF SUPPORTING DOCUMENTS: Ordinance One-Reading Ordinance authorizing execution of all documents necessary to acquire an underground utility easement from Union Pacific Railroad near Broadway Street and Palm Drive; declaring a public use and necessity; and authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire an underground utility easement for water supply projects across railroad right-of-way near Broadway Street and Palm Drive in a manner that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities WHEREAS, the City of Corpus Christi ("City") is in need of an underground utility easement for water supply projects, shown in Exhibit A, for purposes of constructing a water supply project and connecting facilities from one location to another; WHEREAS, in accordance with Texas Government Code § 2206.053, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with not more than one Councilmember objecting to adoption by single ordinance for all units of property for which eminent domain proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and WHEREAS, the motion to adopt this resolution has been made by the following motion: "I move that the City of Corpus Christi authorize the use of eminent domain to acquire an underground utility easement across railroad right-of-way near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities from Union Pacific Railroad and related entities for public use for water supply projects." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The aforementioned recitals are found to be true and correct legislative and factual findings of the City of Corpus Christi, Texas, and they are hereby approved and incorporated for all purposes as if they were fully recited herein. Section 2. The City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct water supply projects consisting of an underground utility easement near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities as depicted in the attached Exhibit A, for the public use of water supply projects, and such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for improving and connecting the City's municipal water system (hereinafter known as the "water supply projects"). Section 3. The City Manager or designee is authorized to negotiate and make final offers and to execute contracts and instruments necessary for the purchase of an underground utility easement near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities from Union Pacific Railroad and related entities provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 4. The City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the aforementioned easements from Union Pacific Railroad and related property owners for the water supply projects, including negotiations and acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If agreements with the owners of the real property cannot be reached after reasonable negotiations, then the City Manager is delegated the authority to direct the City Attorney or other designee to file or cause to be filed against Union Pacific Railroad, and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the easement interests in the property. If it is later determined that there are necessary revisions due to errors in original property descriptions, later receipt of more accurate surveys, or other valid reason, then the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is further authorized to issue payment(s) pursuant to an award by Special Commissioners or other officials in the eminent domain matter, to the extent appropriated funds are available for such payment(s). Section 5. This ordinance authorizing eminent domain proceedings over the properties described and depicted in Exhibit A has been approved by single record vote of the City Council. Section 6. This ordinance shall take effect immediately from and after its passage, and it is so ordained. Section 7. Upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on the day of , 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Exhibit A Easements to be obtained from Union Pacific Railroad NOTES: LINE TABLE 40.353 ACRES 1.ALL BEARINGS AND COORDINATES SHOWN FLINT HILLS RESOURCES ARE GRID BASED ON THE TEXAS STATE PLANE UNE�} LENGTH DIRECTION COORDINATE SYSTEM,SOUTH ZONE(4205)NAD CORPUS CHRISTI,LLC 83(2001 ADJ.;EPOCH 2010.0).DUE TO THE L7 100.17' S09'49'42"W DOC.NO.2011010311 COMBINED SURFACE ADJUSTMENT FACTOR OF NOVEMBER 1,2010 1.000000 THE DISTANCES AND COORDINATE VALUES OF SURFACE AND GRID ARE EQUAL. L2 16.34' N76'4B'11"W O.P.R.N.C.T. 2.ALL MEASUREMENTS ARE U.S.SURVEY FEET, L3 100.21' NOT49'42"E 25" 3.A LEGAL DESCRIPTION OF EVENDATE WAS J L4 10.45' S7648'11"E PREPARED IN COW UNCTION WITH THIS PIAT. " SCALE:I"-50ENRIQUEZ VILLAREAL SURVEY 4.SURVEY WAS PERFORMED IN AUGUST 2022 (11"X 8-1/2'7 ABSTRACT NO.1 5.THIS SURVEY WAS PERFORMED WITHOUT THE AID E A TITLE OTHER MATTE THERE MAY TPE-2 BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. 6.ACCORDING TO THE FLOOD INSURANCE RATE c w a MAP(FIRM)FOR THE CITY OF CORPUS CHRISTI. ENJSTgyG �`�� PPE-2 ¢ gf NUECES COUNTY,TEXAS,COMMUNITY PANEL 3, 48355CO310G.MAP (C/l(EO R Sfi 5)W A��� N o ATH EE(EL9W NICEASEMENTH IN THIS EFFECTIVEIS 10/13/2022, LOCATED A3 EPCWLSOME FLOOD HAZARD AREA � cz M76'48' -C-NE SON pA Z Lq 39750'T"W ~ p o =FND MONUMENT(AS NOTED) E (1 RgrD TPE—JL3 (CALI,Ep M j6�27. 2'. ■ SET 5/8'IRON ROD WITH 30'W YELLOW PLASTIC CAP 1i ETAMPFD"f.IVII f T1PP" e - P.O.B. =17,184.284.24 FL PROPERTY LINE POINT OF BEGINNIN2 F a.0,20ryE� E=1,335,107.25 Pp'C IRON ROD POB =POINT OF COMMENCING (SppRJ_ _--- PPE-3 R_ R.0 W. -RIGHT-OE-WAY 'VUtOgD\_ LAND HOOK C4 nO'D P N 5)W UNION PACIFICRAWILROAO COMPANY O F OF NUECES COUNTY,TEXAS C1 \ DOG NO.2012011348 M.K.IV,l:.1. =MAN HECOKDS 4.037 ACRES L2\ FEBRUARY 1,1998 OF NUECES COUNTY,TEXAS TPE-1 O.P.R.N.C.T. "PARCEL 0:TRACT CES HEREBY CERTIFY THIS SURVEY WAS PERFORMED HE THE FLINT HILLS RESOURCES GROUND AND THIS PLAT CORRECTLY REPRESENTS THE CORPUS CHRIST,LLC ` FACTS FOUND AT THE TIME OF THE SURVEY. h Doc. N0,2010040428 PPE-1 NOVEMBER 2010 O.P.R.N.0.T. JAMES A WOODS RPLS N0.5333 EASEMENT I EXISTINAPPROX TAKING APpROX C ivi I Corp N0. G AREA REMAINDER ACRES ACRES PPE-3 I N/A I 0.1036 AC. N/A - (4,510 SF) 45' WIDE PERMANENT PIPELINE EASEMENT CURVE TABLE SEAWATER DESALINIZATION INNER HARBOR CURVE A LENGTH RADIUS CHORD CHORD cenERAL y BEARING DISTANCE PPE-3 C1 28.75' 5.770.75' N76"39'38"W 28.75' DRAWN BY:N DATE: PREUMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 C2 34.63 5,670.75' $76'3742"E 34.63 ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CDENT:CTfY OF PAGE N0: RELIED UPON l5 A FINAL SURVEY DOCUMENT. SS SCALE: 1"=50' ORP US CHRISTI 5�9 Property Description for PPE-3 Being a 0.1035 acre (4,510 square foot) permanent pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a tract of land described to Union Pacific Railroad Company (100 foot right-of-way width), as recorded in Document No. 2012011348 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.1035 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T. and being in the existing North right-of-way line of Union Pacific Railroad, THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West — Deed Call), with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 397.50 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement and having State Plane Coordinates of N-17,184,284.24, E-1,335,107.25, and being the POINT OF BEGINNING; 1) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said Union Pacific Railroad right-of-way, a distance of 100.17 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement; 2) THENCE, North 76 deg. 48 min. 11 sec. West, with the said existing South right-of-way line of Union Pacific Railroad and the North line of a 4.837 acre tract of land described as "Parcel D: Tract 47" to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T., a distance of 16.34 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement and the beginning of a tangent curve to the right; 3) THENCE, with said existing South right-of-way line of Union Pacific Railroad, the North line of said 4.837 acre tract and said curve to the right, having a radius of 5,770.75 feet, an arc length of 28.75 feet, and a chord which bears North 76 deg. 39 min. 38 sec. West, a distance of 28.75 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped"CIVILCORP" set for the southwest corner of the herein described easement: 4) THENCE, North 09 deg. 49 min 42 sec. East, crossing said Union Pacific Railroad right- of-way, a distance of 100.21 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement and beginning of a tangent curve to the left, said point also being in the South line of said 40.353 acre tract; 5) THENCE, with the said existing North right-of-way line of Union Pacific Railroad,the South line of said 40.353 acre tract and said curve to the left, having a radius of 5,670.75 feet, an arc length of 34.63 feet, and a chord which bears South 76 deg. 37 min. 42 sec. East, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 6) THENCE, South 76 deg. 48 min. 11 sec. East, with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 10.45 feet to the POINT OF BEGINNING, containing 0.1035 acres (4,510 square feet) of land. All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. NOTES. UNE TABLE ENRIQUEZ VILLAREAL SURVEY 1.ALL BEARINGS AND cooRDIUATES SHOWN ABSTRACT NO.1 ARE GRID RASED ON THE TEfAS STATE PLANE LINE y LENGTH DIRECTION COORDINATE SYSTEM,SOUTH ZONE(4205)NAD 53(2001 ADJ.:EPOCH 2010.0).DUE TO THE L1 100.21' 509'49'42"W 40.353 ACRES COMBINED SURFACE ADJUSTMENT FACTOR OF 1.000000 THE DISTANCES AND COORDINATE FLINT HILLS RESOURCES VALUES OF SURFACE AND GRID ARE EQUAL L2 100.2)' N09'49'62'E CORPUS CHRISTI,LLC DOC.N0.2011010311 2.ALL MEASUREMENTS ARE U.S.SURVEY FEET. NOVEMBER 1,2010 ].A LEGAL DESCRIPTION OF EVEN DATE WAS F O.P.R.N.C.T. PREPARED IN CONIUNCTION WITH THIS PLAT. a SCALE:1'=50 4.SURVEY WAS PERFORMED IN AUGUST 2022 11( X 8 /2) ( 5.THIS SURVEY WAS PERFORMED WITHOUT TPE-2 �`/� THE AID OF A TITLE COMMITMENT.THERE MAY BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. y Af-1 3A660g 3M A U 5.ACCORDING TO THE FLOOD INSURANCE RATE _ 4 5' T F MAP(FIRM)FOR THE COY OF CORPUS CHRIST, (C�qS R4R.R0A F a t�IB4,PO'B. Vie e�.50.6� S NUECES COUNTY,TEXAS,COMMUNITY PANEL !<Eb Ra56)p�eD'M 1.335,OG3„ �n P 48355C031OG,MAP EFFECTVE 10/13/2022. ' THE SUBJECT EABEMEIVT IS LOCATED IN SONE C2 FL➢GO`HWHICHIN AREA_IS GSE IS A SEPLUL AZARD LEGEND: N 10 SII'N. LL o -FUD MONUMENT(AS NOTED) \RA, L2 (Cq� ■ =SET 5,/8"IRON ROD WITH `\ N 7'27' YELLOW PLASTIC CAP MUNE Lt 407.95' 30•W STAMPED"CIVILCORP" A =CALC PRINT '4ORROX.'� _IOCAOW WE k� � _IWC/V 12CIRON ROD P.O.C. =POINT OF COMMENCING OF TPE-3 u (50p YFAR)- PPE-3 1PAgF/C R,o,w. =RICHT OF-wav _ 0,,x D. A/CROAO =LAND HOUR (G4[[ED R 7D71D RDS 5�W ct _-_ o.P.R.N.c.T. -of NUECES COUNTOFFICIAL PUBLIC Y,TEXAS ONION PACIFIC RAILROAD COMPANY M.R.N.C.T. =MAP RECORDS AIL 4.837 ACRES DOC. N0.2012011348 OF NUECES COUNTY.TEXAS 'PARCEL D:TRACT#7" FEBRUARY 1,1998 HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE FLINT HILLS RESOURCES _ O.P.R.N.C.T. GROUND AND THIS PLAT CORRECTLY REPRESENTS THE CORPUS CHRIST,LLC ` FACTS FOUND AT THE TIME OF THE SURVEY. DOC. NO,2010040428 TPE-1 NOVEMBER c0 mD PPE-1 -- JAMES A WOODS HALE NO.5333 EASEMENT APPRO% TAKING APPRDX N0. EXISTING AREA REMAINDER C�ivi I torp ACRES ACRES TPE-3 N/A 0.1266 AC. N A - (5,513 SF) / Axa�.Tme� rvrev v�eo w,a 55' WIDE TEMPORARY PIPELINE EASEMENT CURVE TABLE SEAWATER DESALINIZATION INNER HARBOR su CURVE# LENGTH RADIUS CHORD CHORD GENERu BEARING DISTANCE DESCRIPTION: TPE-3 C1 55.13 5,770.75' N76`1439°W 55.13' DRAWN ar: DATE: PRELIMINARY,THIS DOCUMENT SHALL NOT BE RECORDED FOR TH 09/02/22 C2 55.13' 5,670.75' 57670.29°E 55.13' ANY PURPOSE ANO SHALL NOT BE USED OR VIEWED OR CK'D BY: SCALE: CLIENT:CITY OF PAGE N0: RELIED UPON AS A FINAL SURVEY DOCUMENT. SS SCALE:1"=50 ORPUS CHRISTI 9I9 Property Description for TPE-3 Being a 0.1266 acre (5,513 square foot) temporary pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a tract of land described to Union Pacific Railroad Company (100 foot right-of-way width), as recorded in Document No. 2012011348 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.1266 acre easement being more particularly described as follows: COMMENCING from a 1I2 inch diameter iron rod found for the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of O.P.R.N.C.T. and being in the existing North right-of-way line of Union Pacific Railroad, THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West Deed Call), with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 407.95 feet (407.95 feet Deed Call)to the beginning of a tangent curve to the right; With the said existing North right-of-way line of Union Pacific Railroad, the South line of said 40.353 acre tract and said curve to the right, having a radius of 5,670.75 feet, an arc length of 34.63 feet, and a chord which bears North 76 deg. 37 min. 42 sec. West, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement, the beginning of a tangent curve to the right and having State Plane Coordinates of N=17,184,294.63, E=1,335,063.38, and being the POINT OF BEGINNING; 1) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said Union Pacific Railroad, a distance of 100.21 feet to a 518 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement and the beginning of a tangent curve to the right; 2) THENCE, with the said existing South right-of-way line of Union Pacific Railroad and the North line of a 4.837 acre tract of land described as "Parcel D: Tract #7"to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T. and said curve to the right, having a radius of 5,770.75 feet (5,770.75 feet— Deed Call), an arc length of 55.13 feet, and a chord which bears North 76 deg. 14 min. 39 sec. West, a distance of 55.13 feet to a 518 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement; 3) THENCE, North 09 deg. 49 min 42 sec. East, crossing said Union Pacific Railroad right- of-way, a distance of 100.27 feet to a 518 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement and beginning of a tangent curve to the left, said point also being in the South line of said 40.353 acre tract; 4) THENCE, with the said existing North right-of-way line of Union Pacific Railroad,the South line of said 40.353 acre tract and said curve to the left, having a radius of 5,670.75 feet (5,670.75 feet—Deed Call), an arc length of 55.13 feet, and a chord which bears South 76 deg. 10 min. 29 sec. East, a distance of 55.13 feet to the POINT OF BEGINNING, containing 0.1266 acres (5,513 square feet) of land. All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. Approximate Location of 100 ft x 100 ft Pipeline Easement a� Sym � a so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Public Hearing & One-Reading Ordinance for the 1852 City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning Daniel Mc(a)-cctexas.com (361) 826-7011 Public Hearing and one-reading ordinance for voluntary annexation of sections of County Roads 43 and 18 south of Farm to Market Road (FM) 2444, approximately 37.44 acres of land per owner petition, and a three-mile section of FM 2444 CAPTION: One-reading ordinance annexing sections of County Road (CR) 43 and CR 18 south of Farm to Market Road (FM) 2444 and being approximately 9.78 acres, annexing approximately 37.44 acres of land per owner petition, and annexing a section of FM 2444 from CR 41 to CR 47 into the territorial limits of the City of Corpus Christi; and approving related service plans. SUMMARY: The purpose of this item is to hold a public hearing and take action on annexing land in the London area. The annexation area includes an approximately 37.44-acre tract of land on the southeast corner of FM 2444 (South Staples Street) and County Road (CR) 43 that Cypress Point Capital LLC will develop into single-family residential lots; an approximately three-mile stretch of FM 2444 from CR 41 to CR 47; and approximately one-mile sections (or 9.78 acres) of CR 43 from FM 2444 to CR 18 and CR 18 from CR 43 to 41. Public hearings for the annexation of CR 43 and CR 18 were held on November 15, 2022, to comply with State law. Staff recommends approval of the annexations. BACKGROUND AND FINDINGS: Description of the Request Cypress Point Capital LLC (the developer) is requesting annexation of its 37.44-acre property and intends to build a single-family residential development called Caroline Heights located on the southeast corner of FM 2444 (South Staples Street) and County Road (CR) 43. The development will consist of 28 half-acre lots connected to City water but not connect to City wastewater. Each lot will have a private septic system. The developer will oversize the public water line per the City's Water Master Plan and is, therefore, also seeking reimbursement from the City's Water Trust Fund in a separate request. 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 developer's property must be located within the City's limits. To be eligible for annexation, a property must be contiguous with the existing City limit line as required by State law. To assist the developer in achieving "contiguity," 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 Cypress Point Capital's property to create the necessary condition of"contiguity." The Nueces County Commissioners Court's annexation request includes the following road sections, totaling 9.78 acres of land: • Approximately a 1-mile section of CR 18 between CR 41 and CR 43; and • Approximately a 1-mile section of CR 43 between FM 2444 and CR 18. Additionally, this annexation includes three miles of the State's FM 2444 right-of-way from the current City limit line at CR 41 to CR 47, which is west of the Crosstown Expressway (SH 286). City Services to Subject Property The Service Plan for CR 18 and CR 43 outlines how the City will provide services to the subject property. The Service Plan for CR 18 and CR 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. The landowners have agreed to a Municipal Service Plan Agreement with the City for the Caroline Heights subdivision, and the City Manager is authorized by City Charter to execute the agreement. Although the subject property is outside of the City of Corpus Christi water certificate of convenience and necessity (CCN), the developer intends to connect to City water. Each lot will be served by a private septic system. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. ALTERNATIVES: Staff evaluated alternatives for creating "contiguity" for the property owned by Cypress Point Capital, such as selecting different road ROWs 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. Additionally, in evaluating the limits of the FM 2444 right-of-way annexation, staff recommended limiting the annexation to only that section of the road located within the City's London Area Development Plan. FISCAL IMPACT: The developer estimates that the construction of 28 units will be completed in five years. The sale of the 28 residential dwellings at an average sales price of$600,000 per unit results in a neutral fiscal impact with property tax revenues expected to cover the additional operating costs associated with providing City services to residents of this new subdivision. Future changes in the housing market or municipal service costs are not projected and could impact these findings. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Property Maps and Service Plans Map of Combined Annexation Areas Presentation Nueces County Commissioners Court Resolution Petition for Annexation from Cypress Point Capital One-reading ordinance annexing sections of County Road (CR) 43 and CR 18 located south of Farm to Market Road (FM) 2444 and being approximately 9.78 acres, annexing approximately 37.44 acres of land per owner petition, and annexing a section of FM 2444 from CR 41 to County Road 47 into the territorial limits of the City of Corpus Christi; and approving related service plans. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, Nueces County has petitioned the City requesting annexation County right-of-way for sections of County Roads pursuant to Texas Local Government Code §43.1055; WHEREAS, the City Council directed its Planning Department to prepare a service plan that provides for the extension of full municipal services to the County right- of-way for sections of County Roads 43 and 18 proposed to be annexed, and the service plan was made available for public inspection, including on the City's website and made available for public discussion at a public hearing on November 15, 2022; WHEREAS, on November 15, 2022, after proper notice, two public hearings were held by the City Council during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, following the publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, on October 5, 2022, the City received a petition requesting annexation by area landowners of 37.44 acres for the proposed Caroline Heights subdivision; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, written notice has been sent to the Texas Department of Transportation for annexation of a section of Farm to Market Road 2444 from County Road 41 to County Road 47 pursuant to Texas Local Government Code §43.1056; WHEREAS, the City Council finds that the Farm to Market Road 2444 (FM 2444) is contiguous and runs parallel to the municipality's boundaries, and is contiguous to the area being annexed under Annexation of Area on Request of Owners (Caroline Heights subdivision) 1/5 WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on December 20, 2022, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, written notice of the proposed annexation has been provided to each public school district and public entity that provides service located in the area; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. County right-of-way for sections of County Road 43 and 18, being approximately 9.780 acres as described by metes and bounds in Exhibit A and illustrated in Exhibit B, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Exhibits A & B are incorporated into and made a part of this ordinance SECTION 3. The Municipal Service Plan for County right-of-way for sections of County Road 43 and 18, attached to this ordinance as Exhibit C, is approved. Exhibit C is 2/5 incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That a 37.44-acre tract of land, more or less, described by metes and bounds in Exhibit D and illustrated in Exhibit E, generally located south of Farm to Market Road 2444 and east of County Road 43, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 5. The Municipal Service Plan attached to this ordinance as Exhibit F is approved. Exhibit F is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 6 The approximately 47.37 acres of Farm to Market Road 2444 as illustrated by Exhibit G and Exhibit H, from the City limits on County Road 41 west to County Road 47, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 7. The owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 8. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 10. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. 3/5 SECTION 11. This ordinance is effective immediately upon passage. SECTION 12. Upon the written request of the Mayor or majority of the members of the Council, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and (2) suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor day of , 2022 Corpus Christi, Texas 4/5 PASSED AND APPROVED on this the day of , 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 5/5 EXHIBIT A METES AND BOUNDS COUNTY ROADS 43 & 18 1/3 STATE OF TEXAS COUNTY OF NUECES Field notes of a 9,780 acre tract being a portion of County Road 43 and County Road 18.Said 9.780 acre tract being out of Sections 29,30,33,and 34,"Laureles Farm Tracts"as shown on the plat recorded in Volume 3,Page 15,Map Records of Nueces County.Texas.Said 9.780 acre tract being more particularly described as follows: BEGINNING at a point in the north line of this survey,at the intersection of the center of Farm to Market 2444(A.K.A.South Staples Street),and the extension of the center of County Road 43,said point also being the common comer of the north and south halves of Sections 29 and 30. THENCE with the common line of the north and south half of Section 30,the center of Farm to Market 2444,and this survey.North 89'11'13"East,a distance of 20.00 feet to a point at the intersection of the center of Farm to Market 2444 and the extended east right of way of County Road 43,and for the tipper northeast comer of this survey. THENCE with the common line of the extension of the east right of way of County Road 43 and this survey,South 00'48'58"East,at a distance of 50.00 feet pass a point for the northwest corner of the Cypress Point Capital,LLC 37.44 acre tract described in a deed recorded in Document No.2017046839, Official Public Records of Nueces County,Texas,at a distance of 1908.12 feet pass a point for the southwest comer of said 37.44 acre tract,and for the northwest comer of the Al Development,INC 122.56 acre tract described in a deed recorded in Document No,201503 8326,Official Public Records of Nueces County,Texas,and in all a total distance of 5,260.64 feet to a point in the intersection of the east right of way of County Road 43 and the north right of way of County Road 18,for the southwest corner of said 122.56 acre tract,and for an inside comer of this survey,from WHENCE a 5/8"re-bar found in the intersection of the center of County Road 43 and the center of County Road 18,and for the common comer of the north and south halves of Sections 33 and 34 bears South 89°1 1'26" 'West,a distance of 20.00 feet and South 00'48'58"East.a distance of 20,00 feet. THENCE with the common line of the north right of way of County Road 18,said 122.56 acre tract,and this survey,North 89'1 1'26"East,at a distance of 1,337.63 feet pass the southeast corner of said 122.56 acre tract,and for the southwest comer of the GTF114 Development,LLC 136.02 acre tract described in a deed recorded in Document No.2016025037,Official Public Records of Nueces County,Texas,at a distance of 2,635.69 feet pass a 5/8"re-bar found for the southeast corner of said 136.02 acre tract,and for the southwest comer of the Old Square,LLC 61.68 acre tract described in a deed recorded in Document No.202 1031571,Official Records of Nueces County,Texas,at a distance of 3,935.86 feet pass a 5/8",re-bar found for the southeast corner of said 61.68 acre tract,in the west line of the Michael Theodore Joseph Meaney and Marie Meaney 143.79 acre tract described in a deed recorded in Document No.2012025925,Official Public Records of Nueces County,Texas,at a distance of 5,241.80 feet pass the west right of way of County Road 41,and in all a total distance of 5,261.80 feet to a point in the center of County Road 41,in the east line of said 143.79 acre tract,in the common line of Sections 32 and 33,and for the lower northeast comer of this survey. THENCE with the common line of the center of County Road 41,said 143.79 acre tract,Sections 32 and 33,and this survey.South 00'48'34"East,at a distance of 20.00 feet pass a concrete monument previously set in the intersection of the center of County Road 41 and the center of County Road 18,for the common corner of the north and south halves of Sections 32 and 33.for the southeast comer of said 143.79 acre tract,and for the northeast comer of a the El Casaga,LTD 320 acre tract described in a deed recorded in Document No.2000027265,Official Records of Nueces County.Texas,and in all a total distance of 40.00 feet to a point at the intersection of the center of County Road 41 and the extended south right of way of County Road 18,and for the southeast corner of this survey. THENCE with the common line of the south right of way of County Road 18 and this survey,South 89111'26"West at a distance of 5,281.80 feet pass a point in the intersection of the center of County Road 43 and the south right of way of County Road 18,and in all a total distance of 5301.80 feet to a point in the intersection of the south right of way of County Road 18 and the west right of way of County Road 43 and for the southwest corner of this survey. THENCE with the common line of the west right of way of County Road 43 and this survey,North 00148'58"West,at a distance of 20.00 feet pass a point in the intersection of the center of County Road 18 and the west right of way of County Road 43,from WHENCE a railroad spike found in the intersection of the center of County Road 18 and the center of County Road 47 and for the common comer of the south and north halves of Sections 35 and 36 bears South 89'11'26"West,a distance of 10,541.56 feet,at a distance of 3,084.12 feet pass a point in the intersection of the west right of way of County Road 43 and the south line of the City of Corpus Christi 13.48 acre tract described in a deed recorded in Document No. 1999037444,Official Public Records of Nueces County,Texas,at a distance of 4,158.63 feet pass a point in the intersection of the west right of way of County Road 43 and the common line of said 13.48 acre tract and of the City of Corpus Christi 15.55 acre tract described in said deed recorded in Document No. 1999037444,Official Public Records of Nueces County,Texas, 2/3 and in all a total distance of 4.950.63 feet to a point in the intersection of the west right of way of County Road 43 and the north line of said 15.55 acre tract,for the southeast corner of the City of Corpus Christi 0.07 acre tract described in said deed recorded in Document No. 1999037444,Official Public Records of Nueces County,Texas,and for an inside corner of this survey. THENCE with the common line of said 0.07 acre tract,said 15.55 acre tract,and this survey,South 89'11'02"West,a distance of 10.00 feet to a point in the current west right of way of County Road 43,in the north line of said 15.55 acre tract,for the southwest corner of said 0.07 acre tract,and for an outside corner of this survey. THENCE with the common line of the current west right of way of County Road 43,the west line of said 0.07 acre tract,and this survey,North 00°48'58''West,at a distance of 300.00 feet pass a point in the intersection of the west right of way of County Road 43 and the south right of way of Farm to Market 2444,and in all a total distance of 350.00 feet to a point in the center of Farm to Market 2444,in the common line of the north and south halves of Section 29,and for the northwest corner of this survey. THENCE with the common line of the center of Farm to Market 2444,the north and south halves of Section 29,and this survey,North 89'1 1'i 3"East,a distance of 30.00 feet to the POINT of BEGINNING of this tract,and containing 9.780 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)Set 518"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. 1,Ronald E.Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E.Brister.RPLS No.5407 Date:September 2,2022. OF .......................... RONALD E.BRISTER ;.......................... � 5407 P •���,FSS���a Job No.222017 3/3 EXHIBIT B ANNEXATION AREA MAP COUNTY ROADS 43 & 18 011111I - .�+ �W �� - �a�a se.�sm � ��h sa •aa= I iii iii l!■■■■■11■�!! ■■ has; J '----- i B �,■ , ���� ` Annexation Area ■■ 1rif1■■■FA ■■■i6i6®i r ,. � .��r■s Legend C� tsexmiAnnexation Area — ..n .. Property Lines a 1,000 2,OOeet E�1 1,1 li �v �',►'t�w 9jII►►Il,�a Annexation Area At �I �►1 9.780 Acresrr�f�� EXHIBIT C MUNICIPAL SERVICE PLAN COUNTY ROADS 43 & 18 Introduction This Service Plan ("Plan") is made by the City of Corpus Christi, Texas pursuant to Section 43.056 of the Texas Local Government Code. This Plan relates to the annexation of County Roads 18 and 43 as depicted in the attached Metes and Bounds (EXHIBIT A) and annexation area map (EXHIBIT B). a. Service to be provided pursuant to Texas Local Government Code 43.056(b) (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection within the City Limits. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression within the City Limits through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services within the City Limits. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers within the City Limits, directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided within the City Limits in accordance with the Corpus Christi Unified Development Code, Utility 1/9 Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. 6) Operation and Maintenance of Roads, Streets, and Right of Ways: The City will maintain public streets and roads over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Future road and street infrastructure and improvements will be constructed by the platting landowners or landowners' developers according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. (7) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. (8) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. b. Services to be provided pursuant to Texas Local Government Code 43.056(C) (1) Water Service: 2/9 Existing Services: Currently, the annexation area lies outside a water certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a water CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (2) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN, by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (3) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: Planning and zoning services will be provided by the City. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (4) Other Municipal Services: Excluding gas and electric services,- all other City Departments with jurisdiction in the area will provide services within the City Limits according to City policy and procedure. c. Capital improvement program pursuant to Texas Local Government Code 43.056(e) No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. 3/9 (1) Police Protection: No capital improvements are necessary at this time to provide police services. (2) Fire Protection: No capital improvements are necessary at this time to provide fire services. (3) Emergency Medical Service: No capital improvements are necessary at this time to provide emergency medical services. (4) Solid Waste Collection: No capital improvements are necessary at this time to provide solid waste collection services. (5) Water and Wastewater Facilities: No additional capital improvements are necessary at this time to provide water or wastewater services. (6) Parks, Playgrounds and Swimming Pools. No capital improvements are necessary at this time to provide services. (7) Other Publicly Owned Facilities, Buildings or Services: In general, other City functions and services, and the additional services described above can be provided for the annexation area by using existing capital improvements. Additional capital improvements are not necessary to provide other City services. (8) Capital Improvements Planning: The annexation area will be included with other territory in connection with the planning for new or expanded facilities, functions, and services as part of the City's Capital Improvement Plan and Three- Year Capital Budget program. d. Effective Term pursuant to Texas Local Government Code 43.056(1) This Plan shall be in effect for a ten-year period commencing on the effective date of the annexation, unless otherwise stated in this Plan. Renewal of the Plan shall be at the option of the City. A renewal of this Plan may be exercised by the City Council provided the renewal is adopted by ordinance and specifically renews this Plan for a stated period of time. e. Special Findings The City Council of the City of Corpus Christi, Texas, finds and determines that this Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the 4/9 municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. The City reserves the right guaranteed to it by the Texas Local Government Code to amend this Plan if the City Council determines that changed conditions or subsequent occurrences or any other legally sufficient circumstances exist under the Local Government Code or other Texas laws to make this Plan unworkable or obsolete or u n lawfu I. f. Amendment: Governing Law This Plan may not be amended or repealed except as provided by the Texas Local Government Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to and shall be interpreted in accordance with the Constitution and laws of the United States of America and the State of Texas, the Texas Local Government Code, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. g. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Plan, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Plan as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Plan. h. Level of Service Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 5/9 EXHIBIT A METES AND BOUNDS Field notes of a 9.780-acre tract being a portion of County Road 43 and County Road 18. Said 9.780-acre tract being out of Sections 29, 30, 33, and 34, "Laureles Fann Tracts" as shown on the plat recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. Said 9.780-acre tract being more particularly described as follows: BEGINNING at a point in the north line of this survey, at the intersection of the center of Farm to Market 2444 (A.K.A. South Staples Street), and the extension of the center of County Road 43, said point also being the common corner of the north and south halves of Sections 29 and 30. THENCE with the common line of the north and south half of Section 30, the center of Farm to Market 2444, and this survey, North 89011 '13" East, a distance of 20.00 feet to a point at the intersection of the center of Farm to Market 2444 and the extended east right of way of County Road 43, and for the upper northeast corner of this survey. THENCE with the common line of the extension of the east right of way of County Road 43 and this survey, South 00048'58" East, at a distance of 50.00 feet pass a point for the northwest corner of the Cypress Point Capital, LLC 37.44 acre tract described in a deed recorded in Document No. 2017046839, Official Public Records of Nueces County, Texas, at a distance of 1908.12 feet pass a point for the southwest corner of said 37.44 acre tract, and for the northwest corner of the Al Development, INC 122.56 acre tract described in a deed recorded in Document No. 2015038326, Official Public Records of Nueces County, Texas, and in all a total distance of 5,260.64 feet to a point in the intersection of the east right of way of County Road 43 and the north right of way of County Road 18, for the southwest corner of said 122.56 acre tract, and for an inside corner of this survey, from WHENCE a 5/8" re-bar found in the intersection of the center of County Road 43 and the center of County Road 18, and for the common corner of the north and south halves of Sections 33 and 34 bears South 89011 '26" West, a distance of 20.00 feet and South 00048'58" East, a distance of 20.00 feet. THENCE with the common line of the north right of way of County Road 18, said 122.56 acre tract, and this survey, North 89011 '26" East, at a distance of 1 ,337.63 feet pass the southeast corner of said 122.56 acre tract, and for the southwest corner of the GTHH Development, LLC 136.02 acre tract described in a deed recorded in Document No. 2016025037, Official Public Records of Nueces County, Texas, at a distance of 2,635.69 feet pass a 5/8" re-bar found for the southeast corner of said 136.02 acre tract, and for the southwest corner of the Old Square, LLC 61.68 acre tract described in a deed recorded in Document No. 2021031571 , Official Records of Nueces County, Texas, at a distance of3,935.86 feet pass a 5/8" re-bar found for the southeast corner of said 61 .68 acre tract, in the west line of the Michael Theodore Joseph Meaney and Marie Meaney 143.79 acre tract described in a deed recorded in Document No. 2012025925, Official Public Records of Nueces County, Texas, at a distance of 6/9 5,241 .80 feet pass the west right of way of County Road 41 , and in all a total distance of 5,261 .80 feet to a point in the center of County Road 41 , in the east line of said 143.79 acre tract, in the common line of Sections 32 and 33, and for the lower northeast corner of this survey. THENCE with the common line of the center of County Road 41 , said 143.79-acre tract, Sections 32 and 33, and this survey, South 00048'34" East, at a distance of 20.00 feet pass a concrete monument previously set in the intersection of the center of County Road 41 and the center of County Road 1 8, for the common corner of the north and south halves of Sections 32 and 33, for the southeast corner of said 143.79-acre tract, and for the northeast corner of a the EI Casaga, LTD 320 acre tract described in a deed recorded in Document No. 2000027265, Official Records of Nueces County, Texas, and in all a total distance of 40.00 feet to a point at the intersection of the center of County Road 41 and the extended south right of way of County Road 18, and for the southeast corner of this survey. THENCE with the common line of the south right of way of County Road 18 and this survey, South 89011 '26" West, at a distance of 5,281.80 feet pass a point in the intersection of the center of County Road 43 and the south right of way of County Road 18, and in all a total distance of 5301 .80 feet to a point in the intersection of the south right of way of County Road 18 and the west right of way of County Road 43 and for the southwest corner of this survey. THENCE with the common line of the west right of way of County Road 43 and this survey, North 00048'58" West, at a distance of20.00 feet pass a point in the intersection of the center of County Road 18 and the west right of way of County Road 43, from WHENCE a railroad spike found in the intersection of the center of County Road 1 8 and the center of County Road 47 and for the common corner of the south and north halves of Sections 35 and 36 bears South 890 1 1 '26" West, a distance of 10,541 .56 feet; at a distance of 3,084.12 feet pass a point in the intersection of the west right of way of County Road 43 and the south line of the City of Corpus Christi 13.48 acre tract described in a deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, at a distance of 4,158.63 feet pass a point in the intersection of the west right of way of County Road 43 and the common line of said 13.48 acre tract and of the City of Corpus Christi 15.55 acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and in all a total distance of 4,950.63 feet to a point in the intersection of the west right of way of County Road 43 and the north line of said 1515.55-acreract, for the southeast comer of the City of Corpus Christi 0.07-acre tract described in said deed recorded in Document No. 1999037444, Official Public Records of Nueces County, Texas, and for an inside comer of this survey. THENCE with the common line of said 0.07-acre tract, said 15.55-acre tract, and this survey, South 89011 '02" West, a distance of 10.00 feet to a point in the current west right of way of County Road 43, in the north line of said 15.55-acre tract, for the southwest comer of said 0.07-acre tract, and for an outside comer of this survey. 7/9 THENCE with the common line of the current west right of way of County Road 43, the west line of said 0.07-acre tract, and this survey, North 00048'58" West, at a distance of 300.00 feet pass a point in the intersection of the west right of way of County Road 43 and the south right of way of Farm to Market 2444, and in all a total distance of 350.00 feet to a point in the center of Farm to Market 2444, in the common line of the north and south halves of Section 29, and for the northwest comer of this survey. THENCE with the common line of the center of Farm to Market 2444, the north and south halves of Section 29, and this survey, North 89011' 13" East, a distance of 30.00 feet to the POINT of BEGINNING of this tract, and containing 9.780 acres of land, more or less. Notes: 1 .) Bearings are based on Global Positioning System NAO 83 (93) 4205 Datum. 2.) Set 5/8" re-bar= steel re-bar set with yellow plastic cap labeled Brister Surveying. 8/9 EXHIBIT B ANNEXATION AREA MAP I ll L 1 V bftlllS. ` South SPdF; i� • .. ,P @ ,:n ��'�® I FM 2444 TX 357 FM;444 Oso Creek 7X286 Annexation Area ` S-1 Stapiles�St I FM 24404 } i I Legend r„ ■ N Annexation Area I r_I City Limits Property Lines 0 5001,000 2,000 3,000 4,000 Feet e��� �►t�i111� WE Tract s Annex�ation 9.780 �s *ROW:Stre,e o 9/9 EXHIBIT D METES AND BOUNDS CAROLINE HEIGHTS SUBDIVISION 1/2 MURRAY BASS, 7A.,P.R,P,.P.L.S. 3054 S.ALAMEDA, ziP 78404 Ntxorr M.WELSH,P.B.,R P.U. 361 882-5521 VAX 361 882-1265 www.hjiss-wetsh.com e-mail: marrnyjr@aol.com e-mail:nixmW aol.com BASS & 'WELSH ENGINEERING Engineering Firm Reg, No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 October 30,2015 15039-M&B 37.440AC.doe STATE OF TEXAS § COUNTY OF NUECES § Description of a 37.440 acre tract of land,more or less,a portion of the south half of Section 30, Laureles Farm Tracts, a map of which is recorded in Volume 3,Page 1.5,Map Records,Me= County,Texas, and also being a portion of a 160.000 acre tract of land described by deed recorded ut Document No.201.5036558, Official Records of said county,said 37.440 acre tract of land as further described by metcs and bounds as follows: BEGINNING at a 518"Iron rod set at the point of intersection of the south right-of-way line of South.Staples Street (FM 2444) and the east right-ofAvay line of County Road 43 for the northwest corner of the tract herein described and of said 160.000 acre tract,said northwest corner bears 1189°11'20"E 20.00'from a 518" iron rod found in the center line of said County Road 43 at the southwest comer of a 10.00'road right-of-way strip of land described by deed recorded at Document No.1999049566,said official records; THENCE N89°1120"E 877.72' along the common north boundary line of said 160.000 acre tract and said south right-of-way line of South Staples Street,being along a line 50.00'south of and parallet to the boundary line between the north and south halves of said Section 30,L.aureles Farm Tracts, to a 518"iron rod set for the northeast corner of the tract herein described and upper northwest corner or westernmost north comer of a 122.560 acre tract of land described by deed recorded at Document No.2015038326,said official records; THENCE S00°48'35"131858.12'along a north central boundary line of said 122.560 acre tract of land to a 518" iron rod set for the southeast corner of the tract herein described and interior central corner of said 122.560 acre tract of land; THENCE S89°11'20"W 877.72'along a central boundary line of said 122.560 acre tract of land to a 518"iron rod set in the common east right-of-way line of County Road 43 and west boundary line of said 160.000 acre tract for the southwest corner of the tract herein described and northernmost west comer of said 122.560 acre tract of land; THENCE N00048'35"W 1858,12' along said common cast right-of-way line of County Road 43 and west boundary line of 160.000 acre tract,being a line 20.00'.east of and parallel to tho centerline of said County Road 43,the west boundary line of said Section 30,L.aureles Farm Tracts,to the POINT OF BEGINNING, OFr 4 , %*#r 4 0 ek we , NIX&M-WELSK •"• • . •*.- 221ixon M.Welsh,R.P.L.S. 21 �v. fT Sri �4 XIC�iBIT".A" Page I of 1 2/2 EXHIBIT E ANNEXATION AREA MAP CAROLINE HEIGHTS SUBDIVISION 'IrlCilil '"''► 111 s�,�� ,V"=: i AII�l11�®■ 1111 /� �--- ,�, �. e Y.�4������=1111= ►� i z w�•ata;. S rs�`r���® �` I ��: ■! lr�■YYw gra ����m aan ! � RON Y----- � :�: �: ■■■� ■■■®I � res, 1 e MINI 11 1� Annexation Area Legend i ���ll�� �/1�����►��IN�#��,`� 0 Annexation Area x City Limits r ria�r�a Property Lines 0 1.000 2, —Ann a� Ao�n.,Area �� 00et 37.440 Acres° IP v Ie Or J-0 LIV Y' tee,:l'1► �/ �iii EXHIBIT F MUNICIPAL SERVICE PLAN CAROLINE HEIGHTS SUBDIVISION MUNICIPAL SERVICE PLAN AGREEMENT FOR 37.440 ACRE TRACT OF LAND, MORE OR LESS,A PORTION OF THE SOUTH HALF OF SECTION 30, LAURELES FARM TRACTS,A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS, AND ALSO BEING A PORTION OF A 160.000 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED AT DOCUMENT NO. 2015036558 This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement') is entered into by and between the City of Corpus Christi ("City"), and Cypress Point Capital, LLC ("Landowner"),both of which may be referred to herein singularly as"Parry"or collectively as the"Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 37.440 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in Exhibit B ("Subject Properly"'), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided:After the effective date of annexation,the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5)Water Service: Existing Services:Currently,the annexation area lies outside a water certificate of convenience and necessity("CCN").. Services to be Provided.Absent a water CCN by the utility in whose jurisdiction the subject property or portions thereof as applicable is located, the extension of 2 water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6)Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area.Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the fighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: ,Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards.The use of land in a legal manner may continue in accordance with Texas Local Government Code§43.002. (12) Other Municipal Services: City recreational facilities, including parks and library,will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents.All other services contemplated herein will be available upon the effective date of annexation. b.Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. a ......-... ....... .............___...._.... (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code,City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5.Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the 'Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. 5 Section 7. Force Maieure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise,which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Aareem_ent This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by 6 written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binaing Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors,and permitted assigns. Each parry further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By: gy >_ r Zano George Shahee City Manager Managing Partner Cypress Point Capital, LLC Date: f�•7• �� Date: ^� r -`9 2. APPROVED AS TO FORM: By- "A' Buck Brice Senior Assistant City Attorney for the City Attorney 7 State of Texas County of Nueces This instrument was acknowledged before me on N D (L r),I Le- by George Shaheen a Managing Partner of Cypress Point Capital, LLC a limited liability company. f CHRISTAL NOLTE Notary Public,State of Texas awl%, 'P� Comm. Expires 04-16-2023 ,ITe III Notary ID 11525110 Notary Public's Signature ( ersona e �_ EXHIBIT A METES AND BOUNDS 37.440 acres Description of a 37.440 acre tract of land, more or less, a portion of the south half of Section 30, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County,Texas, and also being a portion of a 160.000 acre tract of land described by deed recorded at Document No. 2015036558, Official Records of said county, BEGINNING at a 5/8"iron rod set at the point of Intersection of the south right-of-way lint of South Staples Street (FM 2444) and the east right-of-way line of County Road 43 for the northwest corner of the tract herein described and of said 160.000 acre tract, said northwest comer bears N8901 1'20"E 20.00'from a 5/8" iron rod found in the center line of said County Road 43 at the southwest comer of a 10.00' road right-of-way strip of land described by deed recorded at Document No.1999049566, said official records; THENCE N8901 1'20"E 877.72'along the common north boundary line of said 160.000 acre tract and said south right-of-way line of South Staples Street, being along a line 50.00' south of and parallel to the boundary line between the north and south halves of said Section 30, Laureles Farm Tracts, to a 5/8" iron rod set for the northeast comer of the tract herein described and upper northwest comer or westemmost north comer of a 122.560 acre tract of land described by deed recorded at Document No. 2015038326, said official records; THENCE S00°48'35"E 1858.12'along a north central boundary line of said 122.560 acre tract of land to a 5/8" iron rod set for the southeast comer of the tract herein described and interior central corner of said 122.560 acre tract of land; THENCE S89°11'20"W 877.72'along a central boundary line of said 122.560 acre tract of land to a 5/8" Iron rod set in the common east right-of-way line of County Road 43 and west boundary line of said 160.000 acre tract for the southwest corner of the tract herein described and northernmost west comer of said 122.560 acre tract of land; THENCE N00048'35'W 1858.12'along said common east right-of-way line of County Road 43 and west boundary line of 160.000 acre tract, being a line 20,00'east of and parallel to the centerline of said County Road 43, the west boundary line of said Section 30, Laureles Farm Tracts,to the POINT OF BEGINNING. 8 . ._.._......... EXHIBIT B ANNEXATION AREA MAP W,::.., Txar m .. r 3312H... cr•c3 ' s■R+f arnyf� ��i/A �lrr.a �'yy■■rr 11 / Annexation Area " t Legend ®AnWxaWl A1113i ml�1!!1►� +?. r_I Gh omits Promrty Una tee` R!vlY�ii M� 0 500 1•C00 2.000 3.000 4,000 An'ne�xa'fi'o rFeet A 7. 0 Acres 9 EXHIBIT G ANNEXATION AREA MAP FM 2444/S. STAPLES STREET Legend¢ q Annexation Area City Limits r► _ ' • � :< � Property Lines mmmmmiMdes ' .A� A /r qq . r� �W111iu1�'���� 1 �11 / • ^� I` a • � •� un=gym �, a'; :r d � n. pi 1f S a m mill a y. IWI a+ • 4f:'. �I EXHIBIT H FM 2444 ROW MAPS EXHIBIT H DETAIL I A PROPERTY SKE TC. owxEx uses RIICIIpCPo 29 NOT TO SCALE M.D. —1 --1 SIOETI. Pur DETAIL A' NOT TO SCALE .......... .. 71n,71 ....-171:o.7 --------- ------—-—-——-— K7E-CE-5C077TY-707 0— r,—Nol— NIECE$COUNly 1-111 11.112 .1 -—-———---—-—-— NFI ......... 77 NaktIL I I .......I I N11 21 DIiiTA I I ................................ ... ................................ E..T A..I I Q -- N'l.N.1. 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'A.........R— N A 10- 1. 6 I ISILl SSIIN.11.1 IN—NI. 1b IN —N .as L INI NOTES MTTINI IINIIINT —LI E �N L��, E ..NI.INTIT..N o —11 LINT 71-11 INI 1111-11 Ill 111NI S I —TI —11IT NI L I NI IT Tll LINE N11111 11-1 LINE lEll NI—V.1— —TE —Tl j,, A. IIECES "F-.- 4/14 EXHIBIT H u 3, IIQra 4 oox ocuEu .�e. -oo. 1 0.oAlc®IM cb0.oWII� \\) V®6f—.WAI B®0. 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'O O O (r A T.� r se•.00.oo. r. Q <cavoE�,.noH GusE wo.zsv Q h t ____ ...... .... o. vee• » .._ FM—A ......... h V) ._._._ ------------ .or z- .......... ... —_ h � —M—M.—M., swan xexsaw.w EXxSi .0.w,u.,HE as•oo ______ ss•oo.w Zt SHEILAH LOHWH I C) h h IZI O) 10 I CATHERINE MARIE SIMS I O � O Lp w.s� ,.5�.�. sos.�,.xx�w„oaa� Is,EH�R.re.H.LrHE Q ,cx+QE�«,,Tx�+cA rw.zly Q sas•„rze•w,a,wr.rn2949_._.......... ......... ---------_... --------- ______7 1 T _ T __._ In 'NAL STIHI 21 12 Co SHEILAH LOHWN CHR IST IXE C.SMITH.ET AL (y t•aUu�4�7 p(;.TS. LECERE m seT,xro,rm 14/14 o so-«o wucx,ss w.c Hca.cw .. w H „r wr,K � aow uow s,.-«e�ezc� rpr a a.,w mac• xce s maAor« .. „xc r wrxexsere en. ,__� �. � ht li rRICK �=E a� To: Dan McGinn From: Wayne Lundquist This is a letter of petition requesting annexation of the subject acreage. The following owners of Cypress Point Capital, LLC hereby petition to join the city limits of Corpus Christi. Cypress Point Capital, LLC BY: i�-- George Shaheen State of Texas County of Nueces This instrument was acknowledged before me on` -/3r, by George Shaheen, Managing Manager of Cypress Point Capital, LLC, a Texas limited liability company, on behalf of said entity. BETTY Notary Public Signature DEREESE Notary ID#4751441 sy Q My Commission Expires State of Texas rfo:t� June Z, 2023 My Commission Expires: Cypress Point Capital LLC By Saratoga Palms Properties LTD By General Partner Saratoga Palms Management, LLC 1 BY: ' ��/ � Scott Smith aka J. Scott Smith, Member State of Texas County of Nueces This instrument was acknowledged before me on Gh'/ ,� by Scott Smith aka J. Scott Smith, Managing Manager of Saratoga Palms LTD through its General Partner Saratoga Palms, LLC on behalf of Cypress Point Capital, LLC, a Texas limited liability company, on behalf of said entities. - - !A, j Qom,. Notary Public Signature OW-1-01" BETTY DEREESENotary ID#4751441 State of Texas My Commission Expires June 2, 2023 My Commission Expires: Wayne Lund uist State of Texas County of Nueces This instrument was acknowledged before me on ��l-�� by Wayne Lundquist, Managing Manager of Cypress Point Capital, LLC, a Texas limited liability company, on behalf of said entity. OW BETTY DEREESENot ry Public Signature Notary ID#4751441 My Commission Expires State of Texas June 2, 2023 My Commission Expires: 6 -Iz-,-),0a� Countv of Nueces its v%1)I'-Z .1011% if illl:z 3 JOF IL-G0NZAIJ',Z Ut It It t It k(ANAll.'S It It I: Commissioner County Judge Precinct 2 Nz!rcf-,Cwinl) Courthouse,Room 301 I Leola ir,J titrcct COMMISSIONERS COURT RESOLUTIONS Requesting the Cit) of Corpus Christi,Texas to Annex Road and Rights-of Way orsections of Counts Road 43 and Count Road IS X%HEREAS,P111,11,1111 lo pexis I ticaj Go\munent(.'ode`?4.3.105,5, nom itlisiindim-, amolher lli%k,a municipality 1113N annex a road on roqu(N of the LO%erninL, hada ofille political sLIhdi%i ion Ijjjj ljjainjjjjns the and tNHEREAS,NUCCCS County, I exds maintains the rights-ot"-Nkay ol'Courty Road 43 and COUnt% Road 18. NOW,THEREFORE, BE IT RESOLVED,BY THE COMMISSIONERS COURT OF N'UECES COUNTY, TEXAS,TO WIT: S I ection 1.That the Nucces Count,, Commissioners Court does hereby formally request the CitN ot'Corpus Christi. I e\as to annex those sections ol-County Road 43 and Count} 1tvad 18 roads and rights-of-%ydN-beingapprmimately 9.780 acres in total area.as described by metes and bounds in Exhibit A,%,hick is attached hereto and incorporated herein for all purpose�- Section 2-- 1 hal this Resolution shall he effective imnlediatch upon adoption. DULY ADOPTED BY VOTE OF THE COMMISSIONERS COURT OF NUECES COUNTY,TEXAS,ON THIS THE tq'UAY OF a,k6:V-r BARB , CANAL. NUCCCS COUnl) Judge �1ON& * K-04-F 10 6.fil RNANDEZ .1"I'm EZ collllllissiorler.Precinct 1 4. 0 n, nncr re t3 jm 1. t0 S, gffN—T C-1-I E S N E Y (j .1 F�'�.� 4of Commiss one 11 rict 2 Commissioner,Precinct 4 At IISIlA' j—C" Nu,:kc, oullix Resolution rt CR41(N 18 Nnncx Request rev 10 15 22 K13 20220626-10119 Exhibit A pg 1 r1f 2 ST k TE OF TEXAS COUNTY OF N1 ECES Field Wes of t 9."f+0 acrd tact beinc a pinion of County Road 43 and County Road I8 Sant 9.780 acre "d being out of Srciians 29,30,31,and 14,'Taurele5 Farm Tracts"m chnw-n ort the plat rceordted in Volume 3,Page 15,Nap Rctoids of Numli-s County,Texas Said 9 780 acre aact beirg more particularly described as follows BEGU4NTNG at a po fit in The north Ione of thus.sunny,at the$nterscch0n 0f the center of Farm to Market 2444(A K A. South Suples Street),and the rx1rc%ion of0rr uiicr o"C'ounty Road 43,said paint also beim the common comer of the north and south halves of Sei:uons 29 and 30 THENCF w th the common line of the north and south hall of Section 10,the center of Form to Market 2444,and rhrs sunrv,North S9'11'13"F.tst,a dist ince of 0 00 feet to a point at the ntcrsccoon of thc. center cf Farm t:s Market 2444 and the extended east right of way of Cnunly Road 43,and for the upper rlwihcao diner of rhrs survey THENCE with the common line of the rcten%ion of tile east right of way of County Rued 43 and this sur,vv,Srn:th N'48'58"Fast,at a distance of 50.00 feet pass a point for the northwest corner of the Cyprrss Point Capital,LLC 37.44 acre tract dcsenbed in a deed zcordcd in Document No 2017046839, Offal Public Records of Nueces County,Texas,at a distance of 1908 12 feet pass a point for the southwest comer of sand 37 44 acre tract,and for the northwest comer of the AI Development,INC, 122 56 acre Irz l descnbed in a deed recorded to Document No_2015038326,Oflicral Public Records of Nwzes County,Texas,and to all a total distance of.5,260.64 feet to a point to the intersection of the east right of way of County Road 43 and the north right of way of Counly Road 18,for the southwest comer of said 122 56 acre tract,and for an inside comer of this survey,from WHENCE a S/S"re-bar found in the tntersrcnon of the center of County Road 43 and the center of County Road 18,and for the common corner of the north and south halves of Sections 13 and 34 bears South 89'11'26"West,a distance of 20.00 feet and South 00°48'58"East,a distance of 20 00 feet. '111ENCE with the common line of the north right of way of County Road 18,said 122 56 acre tract,and this survey,North 89°11'26"Fast,at a distance of 1,337 63 feet pass the southeast corner of said 122 56 acre tract,and for the southwest corner of the GTHH Development,LLC 136 02 acre vacs described in a deed recorded in Document No.2016025037,Official Public Records ofNucces County,Texas,at a distance of 2,635-69 feet pass a 518"re-bar found for the southeast corner of said 136.02 acre tract,and for the southwest comer of the Old Square,LLC 61.68 acre tract described in a deed recorded in Document No.2021031571,Official Records ofNueccs County,Texas,at a distance of3,935.86 feet pass a 5/8"re-bar found for the southeast comer of said 61.68 acre tract,in the west line of the Michael Theodore Joseph Meaney and Mane Meaney 143.79 acre tract described in a deed recorded in Document No.2012025925,Official Public Records ofNucces County,Texas,at a distance of 5,241 80 feet pass the west right of way of County Road 41,and in all a total distance of 5,261 80 feet to a point in the center of County Road 41,in the cast line of said 143.79 acre tract,in the common line of Sections 32 and 33,and for the lower northeast comer of this survey. THENCE with the common line of the center of County Road 41,said 143.79 acre tract,Sections 32 and 33,and this survey,South 00°48'34"Fast,at a distance of 20 00 feet pass a concrete monument previously set in the intersection of the center of County Road 41 and the center of County Road 18,for the eommon comer of the north and south halves of Sections 32 and 33,for the southeast corner of said 143.79 acre tract,and for the northeast comer of a the EI Casaga,LTD 320 acre tract described in a deed recorded in DocumcntNo.2000027265,Official Records o(Nucces County,Te'cas,and in all a total distancc of 40.00 feet to a point at the intersection of the center of County Road 41 and the extended south right of way of County Road 18,and for the southeast comer of this survey. 'THENCE with the common line of the south right ofway of County Road 19 and this survey.South 89'11'26"West,at a distance of 581.80 feet pass a point In the intersection of the center of County Road 43 and the south right of way of County Road 18,and in all a total distance of 5301 80 feet to a point in the intersection of the south right of way of County Road 18 and the west right of way of Courtly Road 43 and for the southwest comer of this survey. THENCE with the common line of the west right of way of Count),Road 43 and this survey,North 00148'58"West,at a distance of 20.00 feet pass a point in the intersection of it a center of County Road 18 and the west right of way of Counry Road 43,from WHENCE a railroad spike found in the intersection of the center of County Road 18 and the center of County Road 47 and for the common comer of the south and north halves of Sections 35 and 36 hears South 89'11'26"West,a distance of 10,541.56 feel,at a distance of 3,084.12 feet pass a point in the intersection of the west right of way of County Road 43 and the south line of Sha City of Cnrpus Ch-esu 13.48 acre tract described in a deed recorded in Document No,1999037444,Official Puhli Rea1rdS of Nueces County,Texas,at a distance of 4,158 63 feet pass a point in the Intersection of the west nght of way of County Road 43 and the common line of said 13.48 acre tract and of the City of Corpus Christi 15.55 acre net described in said deed recorded in Document No.1999037444,Official Public Records cfNuecesCounty,Texas, Exhibit A pg 2 of 2 andel in 01 o total distance of 4,950.63 feet to a point in the intersection of the west right of way of County Road 43 and the north line of said 15.55 acre tract,for the southeast earner of the City of Ce,P r i k r rsri 0.07 acre tract described in said deed recorded in Document No,1999037444,Official Pub hr Rcr o°, ,of Numc%Czuoty,Texas,and for an inside corner of*l is snrvc v 1 'I III,NCE with the common lite of saii 0 07 ac rc iris t,said IS SS ocrc tract,and this survey,",south 8911 V02"West,a distance of 10.00 feet to a prr[It to!1-c current west np,ht of way of County Road 43,in the north line of said 1555 tare tract,for the wuthwrst orrrrI of said 0 07 met truL and for an outside corner of this survey. I ITE?ICE with the u4urmnn line of rix cuncnt west right of way o1 COunty Road 41,the wrvt lite of said 0 97 acre iiact,and chis survey,North 00148'58' Wes',at a dretanrr of 300 00 feet pass a point in the ;cttrierlfCn of the we'T tight rf way of County Road 43 and the south right of way Of farm io Marled 244-1,mrd F I all a total distance of 3S0 00 feel to a point in the ccaler of Farm to Market 2444,in the common line cif the north and south ImNrs of Sccnoo 29,and for the nurlhwest corner of this survey. THENCE frith the common line of the center of Form to Market 2444,the north and south halves cf SmI)or!29,and th!s survey,North F9°1 1'13"East,a distance of 30 00 feet to the POTNT of 131 GININING c f this tract,and conlarring 9,W accts of land,more or Fess Note% l )Bearings are based on Global Positioning System NAD 83(93}4205 Datum- 2)Set Sig"rx bar=sDerl re bar set with yellow plastre cap labeled 11rister Surveying 1,Ronald 1. Messier do hereby certify tha:this survey of the properly legally described herein is correct to I he best of my kaowlcdgc and belief. R nal G. aster,RPI Dater Septernber 2,2422. i�OFTF/ ..t......................r.. RONALD E BRISTER ............................ A �•.tpoFJ407 ar.Q 9,yo„g�sy�o sUR� Job No.2)2917 Legend ■ Q Annexation Area ROW Annexation Area City Limits -� A -■ Property Lines 0 0.25 0.5 _ Miles kw :4 �.` ■ r r �1111111 1111111� ►IIII X111 Petition Requesting Annexation by Area Landowners at FM 2444 and CR 43 Public Hearing and Emergency Ordinance City Council Presentation � December 20, 2022 Overview of Annexation Tract • Tract A:37.44 acres owned .�® �� Legend C7 A oaea by Cypress Point Capital 025 05 LLC and an approximately 3-mile stretch of FM � ,m � •Q a� ��• no .O 2444/S.Staples Street. = •` :; �..� • Tract B:9.78 acres being ®nnm- its portions of CR 18 and CR 43 owned by Nueces County � , W\I,,__) Background • 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 • Texas Local Government Code Section 43.028 provides for a process that allows a property owner to petition for annexation. • 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. • On September 20, 2022, a petition requesting annexation for the Caroline Heights subdivision was received from the landowners (Cypress Point Capital, LLC). • On October 19, 2022, a petition requesting annexation for portions of County Road 43 and County Road 18 was received from the landowner (Nueces County). • Staff developed the required service plan and conducted the required public notices. 4 Planned Development Caroline Heights Subdivision ' 37.44 acres F ❖ 28 residential lots - ❖ Approximate buildout 4-5 years aK � Average Home Size = CR 43 - - z.. 2,500 sq.ft. ❖ Average Lot Price = $210K -.- to $260K o• Estimated Average Sales Price = $600,000 t Note:Buildout and sales price m, assumptions provided by petitioner. ' 5 u Fiscal Impact Analysis - General Fund LiY Estimated Operating Property Tax Revenues at 5 year Buildout: ➢ (28 units) x ($600,000 avg. sales price) = $16,800,000 property value ➢ ($16,800,000/$100) x $0.386806 = $65,000 Estimated Cost to Serve (General Fund): ➢ FY2021-2022 Amended General Fund Expenditures / Service Population = $311+M / 387,152 = $804 per capita ➢ (28 units) x (2.7 persons per household) = 76 increased population ➢ 76 x $804 = $611100 +$3,900 difference at 5-year buildout (1)Maintenance and Operation Ad Valorem rate per$100 in assessed value,2021-22 Amended Budget (2)2020 U.S.Decennial Census,U.S.Census Bureau and professionally accepted standard (3)2016-2020 American Community Survey S1101:Households and Families,U.S.Census Bureau 6 Staff Recommendation Approve the petition for annexation Annexation Schedule ✓ 11-1-2022 - City Council Resolution Directing Staff to Prepare a Service Plan 11-4-2022 - Public Notice for 1st & 2nd Public Hearings for County Roads 43 and 18. 11-15-2022 - Hold 131 & 2nd City Council Public Hearings for County Roads 43 and 18. 12-2-2022 - Public Notice for Public Hearing for Caroline Heights and FM 2444. 12-20-2022 - Public Hearing for Caroline Heights and FM 2444; One Reading Ordinance; Annexation Complete so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Public Hearing and First Reading for the City Council Meeting of December 20, 2022 1852 Second Reading for the City Council Meeting of January 10, 2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning Daniel Mc(a)-cctexas.com (361) 826-7011 Public Hearing for the Westside Area Development Plan CAPTION: Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. SUMMARY: The Westside Area Development Plan (Plan) is an element of the City's Comprehensive Plan, designed to provide guidance and direction for the future of this 22-square-mile planning district, which includes the urban neighborhoods located west of the Crosstown Expressway (SH 286) and generally between Interstate 37 to the north and the Oso Creek to the south. This Plan contains vision themes, policy initiatives, action items, public investment initiatives, and a future land use map. It will replace the previous Westside Area Development Plan, which was originally approved in 1989. Staff and the Planning Commission recommend the adoption of this Plan. BACKGROUND AND FINDINGS: The City of Corpus Christi engaged the Freese and Nichols planning consultant team to evaluate current conditions, future opportunities, and develop a city plan that will direct public investment, guide future development, and create positive momentum in the Westside planning district. Public Engagement: To develop the Plan, the planning team gathered public input in the following ways: • Three public meetings/open houses • Two surveys • Four focus group meetings • The creation of an advisory committee with five meetings held • The creation of a project website with project materials and a guestbook for feedback Content of the Plan: The Plan is divided into five parts and includes the following content: Introduction • Development of the Plan • Demographics • Public Engagement Process • Online Survey Summary Future Land Use Map The Future Land Use Map serves as a guide to future zoning and development decisions and provides a foundation to support the vision and recommendations of the plan. Vision Themes Three vision themes lay the foundation for the Plan and describe a collective community vision for the future of the Westside planning district. The three vision theme topics are: • Revitalization • Culture • Health and Safety Policy Initiatives and Implementation The Plan contains seven policy initiatives that serve to organize the action items around a common goal that would help the City achieve the community vision. The seven policy initiatives are: 1. Enhance the overall sense of safety through improved programming and environmental design. 2. Improve transportation and drainage infrastructure to create a safe environment for all road users and mitigate impacts on the community from flooding. 3. Improve or expand facilities and programming to support a healthy lifestyle. 4. Support a variety of housing options and affordability levels to encourage homeownership and sustain the existing housing stock. 5. Preserve, promote, and celebrate the local history and culture of the Westside. 6. Expand public and private community services and programs. 7. Foster an environment for economic development that attracts new businesses, increases employment, and revitalizes or enhances existing commercial and industrial areas. Public Investment Initiatives The Plan contains short-, mid-, and long-term public investment initiatives which incorporate the City's Capital Improvement Program and new projects identified through this planning process. ALTERNATIVES: The planning process, in general, involves the discussion and review of ideas that address and meet the priorities of the community. The draft plan proposed for adoption represents the final selection of alternatives or ideas that were considered during the development of the plan. FISCAL IMPACT: Adoption of the plan itself does not have a financial impact. City staff and City Council would review and approve future actions with financial obligations needed to implement this plan. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff and the Planning Commission recommend the adoption of this plan. LIST OF SUPPORTING DOCUMENTS: Ordinance & Draft Plan —Westside Area Development Plan Background Report - Westside Area Development Plan Presentation - Westside Area Development Plan Ordinance adopting a new Westside Area Development Plan, an element of the Plan CC Comprehensive Plan; rescinding the former Westside Area Development Plan adopted by ordinance #22166; and amending the Plan CC Comprehensive Plan. WHEREAS, the Planning Commission has forwarded to City Council its reports and recommendations concerning the adoption of the Westside Area Development Plan; WHEREAS, with proper notice to the public, public hearings were held during a meeting of the Planning Commission and during a meeting of the City Council, during which all interested persons were allowed to give testimony and present written evidence; WHEREAS, City staff conducted public engagement and used community feedback to help develop the new Westside Area Development Plan; WHEREAS, an advisory committee of community members provided guidance and assistance throughout the process; WHEREAS, the City shall use the Westside Area Development Plan as a guideline for urban growth, implementation of policy initiatives and public investments, and to facilitate other plans that the City considers necessary for systematic growth and development; WHEREAS, the area generally located north of Interstate 37 between Nueces Bay Boulevard and Port Avenue was removed from the Westside planning district boundaries and incorporated into the Downtown planning district boundaries; and WHEREAS, the City Council has determined that these amendments would best serve public health, safety, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Westside Area Development Plan, adopted by City Council ordinance #22166 is hereby rescinded. SECTION 2. The Westside Area Development Plan, as shown in Exhibit A, which is attached and incorporated by reference, is adopted as an element of the Plan CC Comprehensive Plan ("Comprehensive Plan"). SECTION 3. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent 1of3 jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 5. This ordinance takes effect after final passage on second reading. 2of3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor „����ill q®IA �■ ..i iiumil�u � EXHIBIT A City of Corpus Christi iestside Area Development Plan '• i A& CyRJ, i ■ rPLAN CIC I ■ ■ ' y k VyAREA DEVELOPMENT PLAN 7552 oESEMSEa s, sass EXHIBIT A PO' ACKNOWLEDGMENTS CITY COUNCIL PLANNING COMMISSION ADVISORY COMMITTEE Paulette M.Guajardo Kamran Zarghouni Gary Allsup Sheldon Schroeder,AIA Corpus Christi Housing Author Mayor Chair p g it y City Planning Commission Liaison Michael T.Hunter Michael Miller Roland Barrera Esmeralda Teran Council Member At-Large Vice Chair City Council District 3 Antonio E.Garcia Arts&Education Center JohMartinez Cynthia Garza Armira Benavides John Council Member At-Large Commission Member Molina Neighborhood Resident Mike Pusley Brian Mandel The Honorable Barbara Canales CONSULTANT TEAM Council Member At-Large Commission Member Nueces County Judge Billy A.Lerma Jahvid R Motaghi Reverend Adam Carrington FREESE Council Member District 1 Commission Member Harbor Bridge Citizens'Advisory Board 00111°NICHOLS Ben Molina Mike A.Munoz John Dibala z Council Member District 2 Commission Member Corpus Christi Independent School District Roland Barrera Michael York Emily Dodd Freese and Nichols,Inc. Council Member District 3 Commission Member Holt-Caterpillar/Grow Local South Texas 11200 Broadway Street,Offices West Greg Smith VACANT Conrado Garcia Suite 2320 Council Member District 4 Commission Member West Oso Independent School District Pearland,TX 77584 Gil Hernandez VACANT John Garcia Council Member District 5 Commission Member Westside Business Association Benjamin Polak(Ex-officio) Wendy Herman Navy Representative Coastal Bend Home Builders Association CITY MANAGER Billy Lerma City Council District 1 Peter Zanoni Davis Merrell Del Mar College CITY STAFF Ben Molina Daniel McGinn,AICP City Council District 2 Planning Director Jeffrey Pollack,AICP Annika Yankee,AICP Port of Corpus Christi Planning Manager/Project Manager Dr.Gilda Ramirez Inclusive Development Network/Grow Local Leane Heldenfels,AICP South Texas Senior City Planner Roger L.y PlanMonteJendieya Russell-Edwards New Addition Neighborhood Resident City Planner CI.. uE CORPUS CHRISTI WESISI NE AREA NEV EIO PM ENI PIAN ii OEC EMBER 6. 2822 RECEM BER 6. 2822 iii EXHIBIT A IkA oil HOLD FOR ORDINANCE HOLD FOR ORDINANCE CIiY OF IIIIII CH RISiI WESI SIDE AREA 0EV EIO PM ENI PIAN iv DECEMBER 6. 2022 OECEM BER 6. 2022 v EXHIBIT A IkA oil HOLD FOR ORDINANCE HOLD FOR ORDINANCE CIiY OF IIIIII CH RISiI WESI SIDE AREA 0EV EIO PM ENI PIAN vi DECEMBER 6. 2022 OECEM BER 6. 2022 vii ria p 2 INTRODUCTION 12 FUTURE LAND USE MAP ' 18 VISION THEMES ®•' , 4' "`� �a — 26 POLICY INITIATIVES AND —�� IMPLEMENTATION �n � 46 PUBLIC INVESTMENT INITIATIVES INT'� UCTL A Nt I i i a DEVELOPMENT OF THE PLAN The Westside Area Development Plan The ADP was developed through a (ADP)is an element of the Plan CC comprehensive public engagement process Comprehensive Plan.The ADP is intended to that integrated the examination of the N T R 0 D U C T I 0 N provide an analysis of Westside and create existing conditions and the vision the strategic recommendations to guide future community.An Advisory Committeee was development.As the community grows,the created to guide the planning process City should have plans in place to guide and provide a representation of the area's the anticipated growth.By understanding residents,business owners,and stakeholders. development patterns and the impact it has The Committee's participation was essential on the community,the City will be better to the development of the final plan. prepared for the future.This plan serves as a Although the Advisory Committee guided the guide for City leadership to make regulatory plan,the community was involved throughout and policy decisions as well as prioritize the process and participated in multiple infrastructure improvements to increase the engagement events and activities.Residents quality of life. and stakeholders gave their input regarding the future of Westside through online The Westside area of Corpus Christi surveys and various community engagement incorporates the portion of the City generally events,including a community open house located within City limits east of South Padre and focus group meetings.Many of the Island Drive(SPID)and Old Brownsville recommendations identified in this plan are a Road,and west of Crosstown Expressway. direct product of the input received,resulting The Westside area includes residential in a community-driven plan. neighborhoods,commercial development, industrial areas,and a significant amount of undeveloped land.As the Westside continues to develop and redevelop,there must be a focus on welcoming new development while maintaining the existing culture and character unique to the Westside. W ESISI NE AREA NEV EIO PM ENI PIAN RECEM BER 6. 2822 3 'TRODUCTIONEXHIBITA INTR000CTI DEMOGRAPHICS 55,664 p 53,985 � " Renter-Occupied 51,802 51 280 Median Household Income I I8% I �1 • - • • • - • 2000 2010 2019 2024* - - WestsideCorpus Christi Population Growth by Year Average Annual Growth Rate — — — — — — — *Projected Population 2000-2019 Occupied Housing Units I I I EDUCATIONAL I ' I I 16.3% Some Or er Race Some Colle e 2.7% <0,1% Two or More '1 Pacific Islander 2.1% 7.4% 0.7% 14.2% Bs. 10-4 Asian 65-Ba 14.14 s- 1a 0.7% I American Indian 7.1% Air-34 Black 72. Whi 71% Colle e or Graduate oe ree Hispanic it Origini bwre115.Caisweurew.ca.20105um Fik 1,B-1-01—d—Bried Census2Pl0d 1m 20105eo h� CIfY OF CORPUS CHRISTI WESTSINE AREA HEVEIHPMENT PIAN 4 DECEMBER 6. 2H22 HECEMHER 6. 2H22 5 EXHIBITA 'TRODUCTIONGPS. ENGAGEMENT PROCESS gown Advisory Committee Meeting 1 Survey 1 Launched o Community Meeting and Open House 1 0 ` 'i Advisory Committee Meeting 2 0 The Advisory Committee met at An online survey was available to Community members attended the first ' The Committee members participated �E ■ ■ ■ City Hall with a"follow-up"meeting 1 the public,allowing for input to ■ Community Meeting and Open House to <., r in a workshop to discuss the draft vision for those that could not attend the o_ be received regarding the current — place at Martin Middle School to learn about — �y♦: � themes,policy initiatives,and potential — initial meeting to identify issues and conditions and vision for the the Area Development Plan process and give '"e ,.+ changes to the future land use plan. opportunities for the area. N_ Westside. ,� input related to the Westside's future. Advisory Committee Meeting 4 � Advisory Committee Meeting 3 � I Group The Advisory Committee met to review The Advisory Committee met to review A sefour focus group proposed action items and public draft vision themes,policy initiatives, meetings were held to discuss _ ■ ■ ■ ■ ■ ■ investment initiatives ■ ■ future land use plan,and potential — ` ■ ■ specific topics that are significant action items and public investment to the future development of the initiatives. Westside. N t� F unity Open Houses 0osted several open houses t the Westside area to informe the Community about thelopment Plan.Participants hadunity to learn about the Plane online survey. Survey 2 Launched L Advisory Committee Meeting 5 0 The second online survey was The Advisory Committee met to review Adoption _ ■ ■ ■ ■ ■ ■ ■ launched for the community to —w ■ ■ ■ and recommend the draft plan move , ,, ■ ■ 1 ■ ■ ■ ■ provide feedback on the draft plan. forward to be presented to Planning c c Commission and City Council. I I I iI I I I I I W F S I S 1 0 F A R F A 0 F V F 1 i EXHIBIT A 'TRODUCTION I I 00 SURVEY r SUMMARY Rate Your Priorities (Highest Average Rating from Puhlie Responses) Current Amenities and Services 326 , Total Respondents — Highest— , Average What are your top priorities regarding the quality of I'de in the Westside? ■ ■ —_—_ Commercial Services Lowest Average Rating ftk A40 Water ouaflty Most •• Family Oriented Parks andEnvironmental Recreation FamilV-Frieri Amenities Housing Options -, Environmentally Ut111t1e5 Frienaly Single • ed • • -•r-r r' r Entertainment•• • "Option ies and Issues I Opportunities I I Issues I Biggest •Salinas Park Improvements I I •Crime I ■■ r •Builtl on Previous Improvements I I •Flooding IChallenge- •Buffering Between Industrial and I I •Poor Streets and SidewalksPublic Improving Exist:inqParfks Transportation Most Needed Recreational Resitlential I I •Abandoned Homes •New Commercial and Entertainment I I I ti0 0 Improvement •Commercial and Residential Revitalization 0 E CE M 8 ER 5 2 D 2 2 1 1 E I M R I R 5r 2 D 2 2 r9 — — — — — — — — — — — — — — — — — — — — — — 'TRODUCTIONEXHIBITA INTR000CTI %4 COMMUNITY OPEN HOUSE MY VISION FOR THE WESTSIDE IS... // //Clean up the Commercial Facilities. Restore/Rebuild Older Neighborhoods Hold the owners accountable.// //More Housing// //More Nature Parks/ // //Curb Appeal// Modern Playgrounds More Community Centers// //Business Development// MOST IMPORTANTI'WHEN CONSIDERINGFAVORITEMY OF THE WHAT TYPE IHOUSING I NEEDED MOST? QEconomic Development Quality of Life 46 .2% � 1 A � 1 `a I', Revenue Generation tj iiTownhomes Other Impact on Transportation More family and children entertainment Drainage Impacts Safe walking paths or sidewalks to school WHAT IS MISSING MOST IN THE WESTSIDE? Outdoor park for physical Preservation of Open Space actwity 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% -Reduce food deserts with 'Fib To fix rental homes Environmental Impact farmers markets O Impacts on Cost of City Services Curb appeal Work development More Mixed-Use Professional New Parks Shopping Restaurants Entertainment small businesses able to Housing Office/ and Trails Personal Other:Incentives attract customers Choices Employment Services Opportunities Other:Infrastructure II.Y OF CORPUS CNRI'il WFC-F''IF AREA CFV F 1 0 PM FNi PLAN 10 OEC EMBER 6. 2N22 CECEMBER 6. 2N22 II 'TRODUCTIONEXHIBIT A INTR000CTI SURVEY # 2 SUMMARY Public Engagement Photos 1TIT ; Vision Themes REVITALIZATION CULTURE HEALTH AND SAFETY West side neighborhoods are invigorated by The City celebrates theeconorni development, heritage of west side West side neighborhoodscreighborhoods, neighborhoods by building1 1 enhanced are safe,family-orientedand acce s to job on their deep-noted communities that support ahigh quality of life. { bra, educational ning and culture. 97%AGREED 79%AGREED ` Comments "Create green space.Redevelop,but with green/smart development as a priority.Mixed-use _ spaces.Avoid,urban sprawl." a "I would like to see more cultural festivities be included and/or brought back to the west side. 't Maybe thecity can partner with west side schools and businesses to help sponsor such events. Such events could be used to incorporate health and other education information pertinent to times." �ePy, � "Lighting would support a high quality of life to prevent criminal activity." "I believe it should be more inclusive of all cultures." CITY OF CORPOS CHRISTI WFSISI OF AREA 0 F V EIO PM ENI PIAN 12 OECEMOI1 6. 2022 0FCFM OFR 6. 2022 13 1 r wv y 1 " mal► _� _ -� 4.w d FUTURE LAND USE MAP FUTURE LAND USE MAP The use of land is a critical ingredient in about land uses and development patterns determining the way people live and work. specific to the Westside planning area.The There are two factors to consider when future land use designations for Westside designating land use,how land is currently have been revised to reflect community being used and potentially could be used input,anticipated development,and best in the future.In many cases,the existing practices. active land use on the property remains unchanged.For undeveloped property,there The Westside Future Land Use Map serves as are opportunities to shape the way land can the guide for future zoning and development be developed in the future.In both cases, decisions and provides a foundation to the most direct tool cities have to guide support the vision and recommendations the development of land is through zoning. of the plan.This is accomplished by setting Zoning is the prescribed legal use of a parcel a land use framework that influences of land based on city regulations.Zoning is, regulatory mechanisms and policy decisions in large part,influenced by the designations that shape the built environment.Each of identified on the Future Land Use Map. the designations presented on the Westside Future Land Use Map correlates with the The Plan CC Comprehensive Plan(adopted designations identified in Plan CC. 2016)identified future land uses for the entire City and provided guidelines for development.The Area Development Plan process is intended to go into further detail W ESISI NE AREA NEV EIO PM ENI PIAN RECEM BER 6. 2822 IS EXHIBIT A T U B E L A N G USE MAP FUTURE L A N U USE M 0 FUTURE LAND USE CATEGORIES AGRICULTURE/RURAL COMMERCIAL USES MIXED—USE AREAS GOVERNMENT ENTERPRISECommercial land uses include retail,services, Mixed-use centers include residential,retail, Government uses include federal,state, hotel,and office uses that are typically hotel,and office uses.Mixed-use centers are county,regional and municipal government This category includes farms and other open to the public at large.High-density pedestrian-friendly with buildings oriented facilities and installations,except for enterprises that serve the rural population. residential uses,such as townhomes,cottage towards the street.Residential uses are government-owned institutions. housing,apartments,and condominiums are generally of a higher density,including considered compatible with commercial uses. apartments,condominiums,townhomes, Other commercial uses,such as wholesale cottage housing,and small-lot single-family * and distribution businesses,are included residential. RESIDENTIAL USES with in the light industry category because with differ The mixture can be vertical, rent uses on different floors of a PERMANENT OPEN SPACE they have similar impacts,such as high building,and horizontal,with different uses The predominant residential land use in the volumes of trucking.Schools,churches,and side by side.Churches,schools and public Parks and playgrounds,recreational fields City of Corpus Christi is the single-family neighborhood-serving public uses can be uses are included in mixed-use areas. and facilities,greenways,and other green dwelling at a range of densities.All residential included in commercial land use areas. areas managed for public access and categories also include schools,churches,and recreation. neighborhood-serving public uses. Low-density residential:up to 3 units per INSTITUTIONAL acre INDUSTRIAL USES FLOOD PLAIN Medium-density residential:4 to 13 units Hospitals,colleges,universities,schools, per acre(including two-family dwellings) Most of the industrial uses within the city large churches,and similar institutions, CONSERVATION limits of Corpus Christi are light industrial; whether public or private,are designated ■High-density residential:more than 13 heavy industry is generally located in the as separate land uses because of their units per acre industrial districts outside the city limits. campus-like character,which requires special Lands within the 100-year flood plain, attention to edges and relationships with preferably preserved for environmental adjacent areas. reasons. TRANSPORTATION Airports,railroads,highway and interstate rights-of-way. *Where deemed compatible with residential uses and typically at intersections,continue to allow Note:For more information about cate?17 ,,%neighborhood retail and personal services in residential areas.Doing so will enable residents without vehicles included in the Future Land Use Map,p r the ability to drive to more easily reach services by walking,biking or using wheelchairs. refer to pages 55-57 of Plan CC. I'll 11 CORPUS CHRISTI WESIS INE AREA NEV EIN PM ENI PIAN 16 NEC EMNER I, 2122 NECEM NER 6. 2 D 2 2 EXHIBIT A T U R E LARD USE MAP FUTURE LANDE M w 73% �•�-_L. ;' �� / � � � 181 SUPPORTED THE RSM 4,, LUSE ACRES % AND EA riculture/Rural: N' •SII. Cs g 20: 0% Enterprise Ceayrs r. .....................................................:...................: ¢crd ` Mixed Use 480; 4%; g ' commercial 1,521: 12%; .................................. ................... r Government 621: 5/0: t .. ... ......................... ............ . ...: ...........o \ \ _�• / r`. Institutional : 657 5/0 Heavy Industrial : 151; 1%; � ural en p Future La nd Use R er c.x.d e Light Industrial 2,263: 17%: ��� E �� ♦ �commem�al ,� ...............................:...................:................ i q MGoremmeat Low Density \ In st�tuna, Residential 178: 1%' `� eu •• _ :.................................:...................:..................: Heavy Intlus�na `\ E E Medium Density ���� Lght Intlustrial 3,632: 28% \ L o R tl :Residential : nr,- y High-Density �� ��� a gum-ens. ea.en Residential 202. 2% _. MHgh-o say Resitlertlml .. ..............................E...................i................. ^�•.......• tia Transportation : 2,089' 16%' :...:..............................:...................:................ / �n conservation \\� Tra n.n�ion Perm anent Open Sp- Transportation Permanent Open: wager PH Space :.......1,050............8% a-srn Reatlwa p..........................:. ___ —�� \ I44, J/ Popo etl Roatl ay f Flood Plain 110E 1% —� i\� i ` r0 wes�sitl eountlary Conservation i 8 Corpus Ch-hCity Limns ............................................................................ i Water 17 0% d EI o ti 2022 i v v Total: 12,991: 100%E h, `�� n g as or ��i mg i....................................:...................:...................: �— oM�a .ecmre---T — I � I f � Cliv IF CNNPNS CHNISiI ��I� �____ / --�/ WE&i�E A Nkv If� N[ N 18 NICEMBEI 6. 21'22 — �� ��� v� \ E ItB 6� 6. n2 19 VISION THEMES Although development is generally impacted i by a variety of regulatory factors,market influences,and budgetary availability;a community with a clear vision can better '�CIpP 1 sq,fi'Q ty'r focus the goals for the future.The vision JPS VISION THEMES for the community should future a high level Q nCe`t KCV2 hp$Illy overarching idea of the future that maintains nAYKS p�1�tI^�¢ a singular path for the future.To achieve that vision,the City must make an effort to direct ,t kl wS ' nve 60YlYYIIMI4q CRYW I> development and make improvements that 7` align with the vision. Through the public engagement process, ITS Vaawd A.ir.4,.���f i three vision themes emerged related to 'n4Wir /Wyk the residents'desires for the future.The •heM,y Sdiw2 k/�0•le�n,P(ty rer�,� following are the vision themes identified: �✓larh'n�,S 9 •Revitalization West side lghborhoods are devvelopment,preserved invigorated 1REp�Q�0L ' byeconomic and enhanced neighborhoods,and T`gt µaoa.lk oD 5 access to job training and educational Nati opportunities. •Culture C� The City celebrates the heritage of west ll side neighborhoods by building on their f deep-rooted culture. •Health and Safety West side neighborhoods are safe, family-oriented communities that support a high quality of life. W ESISI NE AREA NEV EIO PM ENI PIAN RECEMRFR 6. 2822 21 1 ` n _ r ®�� '''•..�"V a r�C�i••, AGREED WITH THE VISION THEME i REVITALIZATION KEY ELEMENTS COMMUNITY INPUT West side neighborhoods are invigorated by economic development,preserved and enhanced New Commercial Development for Local "Restore/Rebuild Older Neighborhoods." neighborhoods,and access to job training and educational opportunities. Businesses "All the business left Leopard.It use to be •Safe Paths for Pedestrians and Bicyclists good.Make Leopard St.great again." Enhancement of existing assets within the west side neighborhoods encourages the Enhanced Streetscape "There should be protected bicycle lanes revitalization of major commercial corridors and thriving residential neighborhoods.In the along each major corridor.." future,a mix of new development on large parcels and the redevelopment of infill sites within Public Transit "Would love to see growth in my the existing neighborhoods creates opportunities for local business owners and serves as •Lively Street Life Neighborhood:' a catalyst for the area's continued development in the area.Public improvements such as bike and pedestrian paths,Streetscape enhancements,and public transportation also help Residential and Commercial Infill "Revitalization can't come at the price of to support private investment in redevelopment efforts.Additionally,partnerships with local Development affordability." agencies increase job training opportunities resulting in new jobs for residents of the Westside and city-wide. "Fix streets/sidewalks to spur re-investment:' II'y OF CORPOS CN RISiI WFSISI OF AREA 0 F V EIO PM ENI PIAN 22 OEC EMBER 6. 2022 0FCFM OFR 6. 2022 23 EXHIBIT A 1 T V ill I _ � 79% IL AGREED WITH THE VISION THEME CULTURE KEY ELEMENTS COMMUNITY INPUT The City celebrates the heritage of west side neighborhoods by building on their deep-rooted culture. Festival at a Community Cultural Center "The historic fabric of the Westside neighborhoods has the tried and true recipe Farmers and Artisan Market with Local for more walkable communities.Identify and Vendors promote the key elements of density and mixed As the hub of the Hispanic community in Corpus Christi,the culture is influenced by the people Murals by Local Artists on Buildings use that have developed in these neighborhoods • who historically built and supported the west side,such as Dr.Hector P.Garcia and Antonio E. over the years and feature the successes." Garcia.Today,the west side is known for being diverse,welcoming,and full of tradition.This Redevelopment to Support Local unique culture and sense of community are continued by multigenerational residents who Businesses My favorite part of the Westside is..."My Home. choose the west side to raise their own families.The identity and character of the west side are My Life.","Tradition","Family,Diversity" evident through the gateway monumentation,streetscape enhancements,branding elements, Enhanced Streetscape and murals featuring local artists.Redevelopment and revitalization promote new investment in "Culturally rich community "Keep the local the area and encourage local business owners to invest in their own neighborhoods.Community District Branding Elements character","Cultural heart of the city" events such as cultural festivals and local farmers or artisan markets further strengthen the "Protected bike paths and more pedestrian community by bringing together residents and celebrating the history of the west side. friendly ways to be inclusive of everyone!" Cliy OE CORPOS CH RISiI W F S I S I DF AREA DEV EIO PM ENI PIAN 24 DECEMBER I, 2022 DFCFM OFR 6, 2 D 2 2 25 I i^3 �'85%• AGREEG WITH THE VISION THEME HEALTH AND SAFETY KEY ELEMENTS COMMUNITY INPUT West side neighborhoods are safe,family-oriented communities that support a high quality of life. Improved Lighting in the Parks and Along "Believe it or not people want to be healthy Roadways also,make some nice trail environments with lots of trees so we get quality air and •Park improvements at Salinas and Hector peaceful spots to go with family and pets" The west side is home to several high-quality neighborhoods and regional parks with P.Garcia Parks opportunities for various recreational activities.Green spaces of any size in a community are "Getting to know fellow neighbors is a great an amenity that allows the community to gather and support a healthy lifestyle.In the future, •Soccer and Baseball Fields way to build a safe strong neighborhood:' enhancements to existing parks,such as improved lighting,new recreation equipment,and Trail Connections to Adjacent "Lighting would support a high quality of life increased landscaping aim to meet the community's needs and create a safe,family-friendly Neighborhoods to prevent criminal activity" environment.Residents will feel safe in their neighborhoods.Additionally,improved streets and sidewalks allow pedestrians,cyclists,and vehicles to safely navigate the west side using Trails Located Along Drainage Channels "Safe walking paths or sidewalks to school" multiple forms of mobility.A comprehensive trail network improves mobility across the area Safe Sidewalks and Bike Paths Along and increases access to services,enhancing the overall quality of life. Roadways CITY OF CORPUS CHRISTI WESiSl1E AREA NEV EIIPMENi PIAN 26 OEC EMBER 1, 2122 NECEM BER 6. 2122 27 I LEMEN ' POLICY INITIATIVES } Seven policy initiatives were established to focus on implementation efforts to achieve the f P visions described in this plan.Policy initiatives are not exclusive and may further the goal of oneor more vision themes.For each policy initiative,strategies are identified to support the implementation of the efforts.These strategies are the actions taken by the City that lead to the successful implementation of the plan. fill I 'I • • POLICY INITIATIVES AND IMPLEMENTATION ..................................................... ... ............................ ..................................:..................................:.................................. : ..................................:.................................................................... ..................................:..................................:.................................. : "iq' ..................................:..................................:.................................. : - - BEV F 1 0 PM FNi PLAN :FCFMRFR 6. 2022 29 ITA P O L I C Y INITIATIVES ANO I M P L E M E N T A T I %4 1.5.2. Ensure the City's code 1.6.1. Engage with residents to spur enforcement team is sufficiently the creation of more Neighbors staffed with one code on Watch(NOW)groups. ENHANCE OVERALL OF SAFETY9 6% enforcement officer assigned to 1.6.2. Engage businesses to start THROUGHIMPROVED PROGRAMMINGor saucy xL respondents. each Police beat to proactively the Business Watch program SAY ITS IMPORTANT addressissuesincoordination where,similar to the Neighbors AN I ENVIRONMENTAL DESIGN. with the Police department. on Watch program,the Police For example,five new officers Department partners with local were funded in the City's FY business owners to increase 2021/2021 budget. the security of businesses and HOW WE GET THERE 1.5.3. Continue the positive work of reduce crime in the area. the City's Nuisance Abatement 1.7. Create and implement an action plan to 1.0. Install and upgrade lighting to improve 1.2. Support the Red Cord Diversion Team,which is a collaboration address stray animals. safety and reduce crime. Program,which is a program to of City departments formed to 1.0.1. Assess lighting conditions along rehabilitate sex workers.The program address properties posing the 1.8. Support neighborhood clean-up events. streets and in parks with a focus began in 2012 and is a community worst threats to public health Evaluate a program like Plano's"Love on lighting to improve safety for partnership between the Nueces County and safety. Where You Live;'a social and physical District Attorney's Office,the Coastal neighborhood transformation program. mobility and to reduce crime. Bend Wellness Foundation,the Nueces y 1.5.4. Continue to provide grants for Physical transformation involves 1.0.2. Developprogram to install County Public Health District and the Minor Home Repair to assist low- cleanup and home repair projects. more street et lighting. Corpus Christi Police Department, income or elderly homeowners 19. p p to make needed home repairs. Support neighborhood organizing 1.0.3. Prioritize lighting improvements among other groups.Complaints about efforts as a grassroots approach to along Morgan Ave.and Baldwin the impact of prostitution on residents' 1.6. Support and expand community-police identifying and addressing issues Blvd and along Up River Road quality of life were mentioned in the partnerships. between Leopard St.to Port Ave. initial project survey. 1.1. Reduce opportunities for criminal 1.3. Police officers should continue to activity by implementing crime engage with children through the Police prevention strategies. Athletic League(PAL),which has served _ 1.1.1. Develop design guidelines that over 2,000 children so far. incorporate Crime Prevention 1.4. Support the Police Department's Gang P Through Environmental Design Unit,which works to strengthen local, principles into appropriate state,and federal partnerships to ,c ordinances. reduce gang crime and the fear of gang .: 1.1.2. Evaluate methods to prevent crime. 4 j cut-through traffic on Mary 1.5. Develop programs to address 1 Street between 19th Street and homes and businesses that are not Port Ave.,which could reduce in compliance with the property criminal activity in a high-crime maintenance and building codes. , area that is often done in a 1.5.1. Work with property owners drive-by/drive-through manner. to address specific property maintenance and safety issues. National NigM Out CIiY 11 CORPUS CH RISi1 WE"SISI NE AREA NEV EIO PM ENI PIAN 30 DECEMBER 6. 2822 RECEMBER 6. 2822 31 L I C Y INITIATIVES AND IMPLEMENTATION EXHI ��������������������� �� IMPROVE00 " 'I ' i I I impacting west side neighborhoods 1.11. Conduct a blight study and target and developa line of communication investments where they are most DRAINAGE ' iSTRUCTURE I CREATE between residents and policymakers needed to improve the quality of life and i i ENVIRONMENT I ' i ROAD 9 9 that promotes public engagement. safety in declining neighborhoods. 1.9.1. Identify specific neighborhoods 1.12. Evaluate the possibility of locating City AND MITIGATE IMPACTS I or saucy xL respondents. or districts within the City's west police substations near elementary SAY ITS IMPORTANT side planning district,such as schools or stationing police officers near 2 I ' Molina,Westside,New Addition, elementary schools. THE OM FLOODING. Los Encinos,Las Colonias, 1,13. Evaluate the potential use of new among others,since each software that can address blight, neighborhood will have its own vacancy,problem properties and"shell f W WE GET THERE concerns and needs. LLCs",and prioritize and streamline 1.9.2. Host neighborhood safety inspections. 2.1. Coordinate with the Corpus Christi meetings with the Police Metropolitan Planning Organization Department and Neighborhood (MPO)to update the Urban Services. Transportation Plan based on travel demand modeling. 1.9.3. Support Asset-Based Community Development 2.2. Where drainage channels are installed, (ABCD),which is a strategy for encourage a Swale design rather community-driven development than the outdated V'type ditch. where a neighborhood is Swale design drainage channels allow mobilized and empowered to parklike amenities,attractive pocket identify existing assets so that prairies,and sidewalks/bike paths,while they can respond to issues and providing flood protection and wildlife create opportunities for positive habitat opportunities.Natural ground change. cover should replace concrete liners in existing drainage channels where ever Example ola Pocket Prairie Alma a Hike and Bike Nth 1.10. Develop a process for the City to acquire possible. abandoned properties and prepare them for future infill development. 2.3. Investigate opportunities to reduce peak stormwater flows and localized flooding while also enhancing local landscaping r aesthetics.Examples include rain gardens,bioswales,and increased use DevelopmentAsset-Based Community of rain barrels for rainwater capture and landscape irrigation. "The Asset-Based Community Developmentte is t the ter of 2.3.1. Evaluate incentives that growing movement that considers local assets as the primary building blocks of encourage residents to localsustainable community development.Building on the skills of local residents,the power of associations, a -supportive . . . institutions, implement these features. community development draws upon existing community strengths to build stronger 2.4. Ensure public infrastructure and Institute - more sustainable communities for the future."-ABCD I DePaul facility projects of all types-like parks, Chicago libraries,and street projects-include Example of Residential Rainwater H—stinq Barrel CIfY OF CORPUS CHRISTI WESISIGE AREA IFV'ELS PM ENT PLAN 32 DECEMBER s. 2122 0ECEM BER s. 2022 33 EXHIBIT A L I C Y INITIATIVES ANO I M P L E M E N T A T I O N P O L I C Y INITIATIVES ANO I M P L E M E N T A T I 0 %4 improvements to increase storm water 2.6.2. Enhance Old Brownsville Road 2.10.Continue to monitor the progress of the capacity. from Airport Road to South La Volla Creek drainage assessment and 2.5. Continue to incorporate best practices Padre Island Drive(SPID)with implementation.Incorporate park-type to provide safe transportation facilities improvements for all forms of amenities and connect the facilities to for all road users through complete travel-bikes,pedestrians,and the larger trail network. streets and Vision Zero principles bus riders.(ICSP 2011) 2,11. Explore opportunities to install when designing future roadway 2.7. Identify the primary gateways to the stormwater detention,retention,and/ improvements. west side area and establish gateways or rain gardens and bioswales that on 2.5.1. Provide signals and mid-block with monument signs,branding enhance parks. elements,or enhanced landscaping crossings on streets withTheCitycurrentlyworkingdecrease 2.12.Make a targeted effort to clean ditches long blocks to facilitate safecrashstatisticsendorsingVisionZero using native vegetation to give a sense in the Westside. pedestrian crossing. of place and local identity. andtakingequitableanddatadriven2.12.1. Create a public campaign to 2.5.2. Coordinate with the RTA to 2.7.1. Primary gateways for educate the public about issues place bus stops in locations that serious injuries for all who share Corpus consideration might be: related to litter and debris in encourage bus riders to cross Christi streets and waterways by 2040. »Intersection of Morgan Ave.at drainage ditches. streets at safe locations. Port Ave. Goals of Vision Zero: 2.5.3. Improve pedestrian crossings »Agnes Street at N.Padre Island across Leopard St. Dr.(SH 358)&Agnes and 21st 2.5.4. Evaluate the need for better Christi's commitment toVisionZero Street(Cesar Chavez Memorial school zone signage and GoalDevelopCollaborativeHighway) flashing signs behind Miller High Leadership&Accountability Intersection of Baldwin Blvd. School. and Morgan Ave. 2.6. Implement the recommendations of 2.7.2. Improve landscaping along Integrated Community Sustainability Plan gateway corridors. Plan(ICSP). _, _. 2.8. Ensure priority residential streets 2.6.1. Evaluate"four to three are incorporated into the City's conversions"for Morgan Ave. Infrastructure Management Plan(IMP). S west of Port Ave.,Baldwin Blvd., T Airport Blvd.,and Gollihar Rd., I I 0 2.9. Coordinate with the Regional which would change the design "OVTransit Authority(RTA)about from four lanes(two lanes in •C• potential improvements in west side each direction)to three lanes neighborhoods such as more direct (one way in each direction with ZERO routes and a greater emphasis on a center turn lane).This type of arterials rather than neighborhood roadway conversion improves streets.The recommended network safety and efficiency,and can i also includes improved route spacing, +� .!S CHRIST resulting in more intuitive service bolster commercial growth by for new customers.(RTA Transit Plan improving access for all users 20/20) by providing space for widened sidewalks and other activities - along the corridors.(ICSP 2011) E—pi.fDim<.m<c.—y S19ti CIiY OF CORPNS CHaISiI WESi�.LE AREA REV F10 PM ENi PLAN 34 oLeLMaLa s. 2022 oLeLMeLa s. 2022 35 ITA P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I 3.2.2. Encourage community participation and partnershipsIMPROVE OR EXPAND to implement the recommendations of the Parks AND PROGRAMMING Ci's�rVy2 resporderts� Master Plan Update(underway SAY ITS IMPORTANT at the time of print). SUP � ' f HEALTHY 3.2.3. Encourage community LIFESTYLE. participation to identify programming needs for parks in HOW the Westside. 3.3. Help ensure residents have access to 3.1. Expand trails,bike lanes,and sidewalks facilities along stormwater fresh,affordable food. to increase bicycle and pedestrian drainage channels,such as along 3.3.1. Conduct an assessment of connectivity throughout the area. the ditch north of Horne Road where grocery stores,food 5�ryanen Nike/Bike hail Al q a Drainage Ch.—I 3.1.1. Implement the on-and off- between Airport Boulevard and pantries,community gardens, street bike infrastructure(paths Greenwood Drive,which would and other sources of fresh foods and sidewalks)according to connect parks and schools to are currently located to identify the Strategic Plan for Active neighborhoods. suitable locations for additional resources. Mobility,Phase 1 Bicycle Mobility. 3.2. Prioritize full development of existing 3.1.2. Expand public transportation parks and regularly maintain them 3.3.2. Encourage the creation of public infrastructure to provide access according to the City's Parks Master markets or farmers'markets Plan. within the west side area and to parks in the west side area, with bus stops nearby. - such as Salinas Park. 3.2.1. Identify appropriate locations .. 3.1.3. Construct bicycle and pedestrian for new park amenities, 3.4. Create a sidewalk network that provides including community gardens. pedestrian connectivity among residential,retail,commercial,and _ recreational uses. 3.4.1. Improve sidewalks along Morgan .'^.... , ��.. Ave.and Baldwin Blvd. E.a Iy mS19-11-M-1.1,--9 3.4.2. Construct sidewalks along 3.6. Continue to support and increase Navigation Boulevard to serve participation in healthy living programs residents between the future to target mental health and diseases PPP extension of Bates Road and Old Brownsville Road. such as diabetes,heart disease,and {. hypertension education. 3.5. Pursue grant opportunities to implement Safe Routes to Schoo3Seek partnerships with I .6.1. 9 organizations within ■ Programs that promote safe neighborhoods like faith-based '4 opportunities for walking and bicycling to school. organizations to help promote L - education programs. Example of a Farmers Market iY OF CORPUS CHRISTI WESISI NE AREA 0 F V F 1 0 PM ENT PIAN 36 OEC EMBER 6. 2022 0FEFMRFR 6. 282237 EXHI ��������������������� �� L I C Y INITIATIVES AND I M P L E M E N T A T I O N SUPPORT00 " OF HOUSING 3.6.2. Provide education on making 3.9. Partner with the RTA or other agencies OPTIONS 1 AFFORDABILITY healthy food choices that are to provide free or low-cost rides to affordable and reasonable for doctor appointments rather than burden 1ENCOURAGE9 8 busy households. ambulances and hospitals with minor LEVELS ......... 3.6.3. Support programming and emergencies. 1 1 ' 1 or saucy xz respondents. infrastructure to encourage 3.10.Support efforts to provide resources SAY ITS IMPORTANT SUSTAIN walking,jogging,biking as a to help the unhoused and individuals HOUSING4 THE EXISTING 1 healthy activity that reduces suffering from mental illness,such disease,such as community as funding"supportive permanent events like the Mayor's"We housing." Run This City"monthly runs > ' W WE GET THERE or other"fun runs",Safe Fun-Fit at the Bayfront,Walk- 4.1. Create a Property Assistance Program Rezonings can cost around With-A-Doc,walking school to help reduce regulatory barriers that $1,500 and 2.5 to 3 months of buses,and cyclovias,which low-to moderate-income households time. are streets temporarily closed experience when trying to improve their 4.1.3. Create a program or amend the to motorists but open to houses/property. Unified Development Code to bicyclists,pedestrians and other 4.1.1. Evaluate implementing reduce the burden of having to nonmotorized travelers. a"tangled title"or title combine lots into one larger lot 3.7. Improve access to healthcare and social remediation program to provide ("replat")when property owners services. legal assistance to low-income are building a new structure in 3.8. Collaborate with community partners to residents to obtain a clear an existing neighborhood. address root causes of health inequities title to a property they have 4.1.4. Offer pre-homeownership experienced in the west side area. inherited.Having a clear title education about the financial is essential to keep residents obligations of purchasing a new housed,allows the owner to home,such as budgeting to pay benefit from the ability to sell property taxes,insurance,utility their property,and enables them bills,and maintenance costs. _ to apply for housing grants -------� offered by the City. 4.2. Continue to promote infill residential— -------__ 4.1.2. Reduce or rebate rezoning fees development. for properties within single- 4.2.1. Continue to fund the City's r family neighborhoods whose recently overhauled Infill current zoning prohibits single- Housing Incentive Program. it family uses and where the 4.2.2. Support housing agencies that rezoning complies with rezoning build new homes in existing _ - criteria.In some recent cases, neighborhoods. - a property owner has had to 4.2.3. Create a resource available rezone their lot to a residential to the public that identifies zoning district despite being in residential homes or vacant a single-family neighborhood in lots available for purchas!?39 Sp-1 EmpM1asis1 order to build a new house or promote infill development Oak Park an addition to an existing home. available properties. iY OF CORPUS CHRISTI WESISI NE AREA NEV EIO PM ENT PIAN 38 DECEMBER 6. 2822 RECEMBER 6. 2822 EXHIBIT A L I C Y INITIATIVES ANO I M P L E M E N T A T I O N P O L I C Y INITIATIVES ANO I M P L E M E N T A T I 0 %4 4.2.4. Identify properties where 4.5. Encourage the development of various 4.5.1. Conduct a market study to are reconstructed and ensure rezoning would help facilitate housing types to meet housing needs at determine why type of housing funding is available for this the construction of homes on multiple income levels. the city needs. need. vacant or underutilized lots. 4.5.2. Continue to evaluate code 4.6.2. Evaluate retrofitting or 4.3. Protect existing and future residential requirements for accessory improving existing infrastructure neighborhoods by encouraging dwelling units(ADUs)–also through Low Impact transitional land uses such as retail, _ called mother-in-law's quarters Development(LID)to reduce office,or open space to serve as a or backyard apartments–that run-off and improve stormwater buffer between industrial areas and - provide additional housing quality. residential areas. — options and sources of income 4.7. Implement neighborhood improvement 4.3.1. Use zoning to create buffers to the principal homeowner. projects in west side neighborhoods as between existing and future "^' 4.5.3. Consider amending the City's opportunities become available. residentially designated areas Unified Development Code 4.8. Support the protection of residents from industrial areas. to allow stick-built homes in in Dona Park and Academy Heights 4.4. Establish a tax abatement program for manufactured home("RMH") neighborhoods the rehabilitation of existing dwellings - and office("ON")zoning to preserve and revitalize the historic districts. 4.9. Evaluate the need for and possibility of a quiet zone for the neighborhoods near Oak Park,Westgate,Highland Estates, 4.6. Improve drainage in neighborhoods, the Agnes Street railroad crossings to and Saxet neighborhoods. such as within the Molina area. reduce the impact of loud locomotive 4.6.1. Upgrade deficient stormwater horns on residents'quality of life. Example pf Garage Apartment Accessory Dwellinq Unit infrastructure when streets � r , �M v 'did r� fF � ,.. La Volla Creek Drainage Area an0 FIppO Insurance Rate Map Exhibit �liv of ooaRu� oea���� �EVEtoRMERi RtaR DEkCEMBER 6. 2C22 :ECEMCER 6. 2C22r411 40 PRESERVE,PROMOTE,AND EXPAND PUBLIC AND PRIVATE COMMUNITY SERVICES iAND CULTURE OF THE WESTSIDE. PROGRAMS. CELEBRATE SAY ITS IMPORTANT , SAY ITS IMPORTANT HOW WE GET THERE HOW 5.1. Encourage cultural events and festivals 6.1. The City's Homeless Services and 6.3. Increase access to youth programs that celebrate the heritage of west sideCelebrating Local History: Workforce Housing Division will through schools or other non-profits, neighborhoods. Dr. P. continue to coordinate with non-profit such as sailing and swim classes or 5.1.1. Identify a suitable location and organizations,local churches,and outdoor adventure programs,so that all develop the site to support other partner organizations on efforts youth can benefit from the community's community events such as that improve conditions for those natural amenities regardless of their festivals,markets,and other experiencing homelessness to achieve household income. gatherings. e tab ishing his medical practice in Corpus the goals of coordinated entry,family 6.3.1. Partner with Grow Local South Christi,he discovered that many Mexican-5.2. Coordinate with Texas A&M Corpus reunification,housing,and jobs,as well Texas and the Mary Grett Christi(TAMUCC)to expand the capacity encountering a wide variety of problems.A as reduce the impacts of homelessness School,Westside Helping of the Antonio E.Garcia Arts and decorated veteran who served in the U.S.Army on neighborhoods. Hand,Boys and Girls Club,and Education Center. Medical Corps in Europe,Garcia vowed to 6.2. Educate the communities of the west the Antonio E.Garcia Arts& improve conditions for the Mexican American side study area about City events and Education Center to work on 5.2.1. Explore the possibility of resources. life skills through gardening and expanding the physical presence food production. of the Garcia Center by adding 6.2.1. Continue outreach events to additional locations. The American G.I.Forum to help Mexican actively educate the public American veterans protect their 5.2.2. Work with the Garcia Center to and later about available services,and the organization becamea national leaderin issues impacting public and increase exposure to the arts ineducation, environmental health. the community. 6.2.2. Partner with established 5.3. Build upon the unique historic urban organizations within design found in some of the west neighborhoods,like faith- side neighborhoods and commercial corridors. 1=rr based organizations,to share - ...,_. information and educational 5.3.1. Conduct an inventory of opportunities. historic properties and historic 6.2.3. Seek help from elected officials neighborhoods in the west _ i - side area.Historic property and other community partners to promote opportunities and can become eligible for tax increase participation. - - incentives. 2021 aim:R.—ti -u at 0--i y E ' :i Y O F C O R P u S C H E L N P M E N i PLA N 42 DECEMBER s. 2122 :ECEMRFR s. 2022 43 ITA P 0 L I C Y I N I T I A T I V E S A N 0 1 M P L E M E N T A T I FOSTER 'I FOR ECONOMIC DEVELOPMENT7.5.2. Use code enforcement programs such as wide sidewalks,bicycle to target non-compliant infrastructure,trees,and INCREASES ' 9 8% properties to prevent decline. reduced setbacks that support a I walkable area-that activate the ---� 7.5.3. Address any deficiencies In or survey xL respondents infrastructure to this industrial area and create a community AND ' OR SAY ITS IMPORTANTarea. oriented development. 7COMMERCIAL AND INDUSTRIAL AREAS. 7.6. Work with the Corpus Christi Regional 7.7.2. Utilize grant programs such as Economic Development Corporation the HUD Choice Neighborhoods (CCREDC)to promote and implement program to comprehensively > HOW WE GET THERE economic development tools to address struggling encourage investment in the west side neighborhoods with distressed area. public housing,such as those 7.1. Encourage the development of an near the Memorial Hospital site. incubator to support small business 7.6.1. Identify and promote eligible funding opportunities within 78 Coordinate with the Inclusive development. g pp the Highway 286 Corpus Christi Development Network-Corpus Christi/ 7.2. Coordinate with SCORE and the Del Nueces County to implement strategies investment within the area Mar Small Business Development Opportuniy Zone to support identified in the five-year strategic plan Center to promote small business to reach the four plan goals: development and provide resources for boundary. entrepreneurs. 7.6.2. Actively promote the Type B �I Goal 1: Meet the demands of sales tax economic development economic growth by connecting 7.3. Target reinvestment for commercial fund to attract companies to identified target populations to well- businesses along major corridors create or retain jobs in the west paying jobs. including the Leopard St.and Morgan side study area. Ave.corridors. »Goal 2:Find ways to remove 7.4. Support revitalization and upgraded 7.6.3. Evaluate creating a Tax barriers to activate women who are infrastructure to encourage the Increment Reinvestment Zone currently out of the workforce. Example of lnEustrial District Entryway Signage (TIRZ)for the Morgan Ave.and development of more restaurants,retail, Baldwin Blvd.area to support p Goal 3:Leverage the expanding and nightlife to serve west side area reinvestment in the district. opportunities associated with residents. the growing manufacturing, to 7.6.4. Create a a improvement industrial,healthcare,construction, 7.5. Designate and promote the industrial ;y,, program assist st business and business sectors to further area along Agnes St.between Baldwin - � ` owners with making exterior Blvd.and N.Padre Island Dr.as a key - -_ develop our local workforce and industrial area of the city. improvements to existing structures. entrepreneurial ecosystem. 7.5.1. Install consistent district signage p Goal 4:Establish an Envision 7.7. Coordinate with property owners and and landscaping to indicate the Economic Development Training stakeholders to support redevelopment area as a cohesive industrial of the Memorial Hospital site and &Skill Community Center(in district. surrounding properties. Opportunity Zone)-Establish 7.7.1. Promote a mix of land uses Westside Community Center in Hispanic Neighborhood.(City and urban design features- Identified as Partner) Example W InEustrial District LanEscapi�q C I1 Y O F C O R P U S C H R I S T I W F S I S I N E A R E A N E V F 1 0 P M E N I P I A N '44 oFCEMaFR s. 2022 0FCFM CFR s. 202245 EXHIBIT L I C Y I N I T I A T I V E S A N 0 I M P L E M E N T A T I O N T A T I a. 7.9. Coordinate with the Inclusive F.. Development Network-Corpus Christi/ , Nueces County to provide resources such as childcare and workforce training to reduce barriers to entering the workforce. 7.10. Educate the community about funding opportunities for higher education •�- such as the Hazelwood Act for military families. 7.11. Support the development of public markets accessible by bus."Latino Tt Vendor Markets;'for example,have been shown to foster social connection, - - and provide a sustainable source of income to low-income individuals. 7.12. Expand water and wastewater _ - I,,' --• infrastructure to undeveloped areas •' south of S.Padre Island Drive and located within the existing city limits as of 2022. 7.13. Develop an anti-displacement action plan so that existing residents and local businesses can afford to remain in -: revitalized neighborhoods. CIfI 11 CORPUS CHRISTI 4fi DECEMBER 6. 2122 U E L I C INVESTMENT IN T'IV PUBLIC INVESTMENT INITIATIVES The built environment is the physical The Infrastructure Management Plan(IMP) interpretation of the vision for the is a five-year rolling program that focuses on PUBLIC community.The following public investment the maintenance of Corpus Christi streets. projects represent improvements that This ADP identifies street improvements directly support the implementation of the located within the Westside area boundaries INVESTMENT vision and goals.These projects should in years 1 and 2 of the 2021-2026 IMP which inform the capital improvement program fall within the short-term time frame. (CIP).Some identified projects are currently INITIATIVES planned capital improvements the Mid-term projects are not as attainable City.Others are proposed projects s for within the first five years.They require implementation based on feedback from the planning or funding to prepare but should be community.The public investment projects implemented in six to ten years. are divided into different time frames: Long-term projects may not currently have •Short-Term(Next 5 Years) an anticipated time frame for implementation or may require prerequisite planning before •Mid Term(6-10 Years) implementation.Long-term projects should be revisited to assess the status of the •Long-Term(More Than 10 Years) project and determine if implementation can Short-term projects can begin soon after be accomplished sooner. adoption.These projects are considered'low hanging fruit."They are more attainable and do not require large amounts of funding. These projects are generally planned CIP projects in the next five years. W F S I S I D F AREA CFV F I D P M FNi PLAN I F I F M B F R B 2 D 2 2 49 �`•�• Nueces 1 EXHIBIT A BLIC INVESTMENT INITIATIVES SHORT-TERM(1-5 YEARS) S' 181 P21mSparkling City Fed Improvements rkl I I ents FV24 Westside Stat near Del Ma College West Campus '" $ Leopard Street(Crosstown Expwy to Palm ... ................................................................... PSII _r IF7]3 I I $ Leopard Street(Palm Dr to Nueces Bay Blvd) Public Health Department Building Improvements $ Flato Road(Bates Road to Bear In.) ... ........................................................... .........: Holly Road(Crosstown Expwy.to Greenwood C us Former Frost Bank Renovations for $ Dr) _ Csti Development Services,Fire Headquarters fi ....................................................... Lu?:7fi'1 P Bay P II .......... gency Operations Center GoI Char Road(Crosstown Expwy.to .Emer......... ................................................. Greenwood DQ 8 .• G3 Y Fire Station#10 Demolition and Re lacement gg P Castenon Street(Trojan Dr.to Delgado St) E3 y.� yygb' Fire Station#9 Demolition and Replacement @b EEE333{{{ + 17 H Police Property Warehouse Renovation St Cheyenne Street(Baldwin Blvd.to Tarlton... ... ..................................................................: yen .. $ Tarlton Street(Port Ave.to Cheyenne St.) H Fire Station#3 Demolition and Replacement ... ....................................................................: *� Martin Street(Holly Rd to Dorado St.) ..I .......M 94;1$41111 NOW . $ Lantana Street(IH 37 to Up.Ri Rd) / Pl :Academy Park(District 1 Parks) ... ....................................................................: .............................................................................: $ Nueces Bay Boulevard(Leopard St to IH 37) Y P2 ;Temple Park(District 2 Parks) '" .. ........ ... .... ... .. ... ... Airport Road(Morgan Ave to Horne Rd) Y\� P3 :Salinas Park(District 3 Parks) ....................................................................: .............................................................................: B dwn/Morgan Intersection Evaluation j P4 :Saunas Park Neighborhood Connections a i :........:................................................................... : Mary Street Crime Prevention Evaluation P5 :Salinas Park Sports Feld LghtinM JIM .................................................................... .'F'eAi�7G0 :........:...................................................................: Street Lighting Assessment* P6 ;Gabe Lozano Golf Course Greenwood Drive Preliminary g (Port ............................................................................. .. e r . Design(Por........� P7 :Gabe Lozano Golf Course Club House to Horne Rd.) ImprovementsAve............................................................... :........:......rove...ents..............................................: Bush Street(S Padre Island Dr to Holly Rd.) .............................................. ....................: P$,j;Harbor Bridge Parks Mitigation : .....:...................................................................: Lipan Street Sidewalk and Traffic P9 Ben Garza Park(Harbor Bridge Mitigation fi Improvements l� Support Projects) .P10 ;Sports Field Improvements(Greenwood Park) t � \ .......:...................................................................: ;Port Avenue Water Line Replacement \\ Pit :Oak Park Recreation Center .............................�............................................. U2 : ...................................................................: JC Elliott Landfill fi Transfer Station P12 Westhaven Park Improvements :Impro ents ""• ........................................................................ . em / Dr.Hector P.Garcia Hike and Bike Trail Along 1 U3 'Drainage Culvert Improvements for Molina M iniaauves sn term vrolecss P13 Dltch .... .G...............�..t...........Treatment*******....t......[Plant.........: :...........................................................................: reenwoo Wastewater er tea men an 7 'wL U4 La Voila Creek Detention Pond Recreational :Improvements e11e P14 :Amenities ... . ............................................... CSrC:0�3s us • sv I ........:..................................................................: :US ;Nueces Bay Blvd fi Poth Lane-Water line B uuoyri"rasw"w�e i.,v�ovems P15 ;Oak Park Entrance Enhancement on 1-37 McBride Lift Station and Force Main U .... ...... ................................. ............................................................................. ' Joe Garza Rec Center/Zavala Senior Center :Improvements at' P18 Mult General onal Facility cot us nrwi cTy cim .............................................................................: U7 La Volla Creek Regional Detention Pond P19 Universal League Feld Improvements .............................................................................. ...........................................................: P20 w is de Pony Field Improvements II *Project Not Mapped \ _ CIiY OF CORPHS CHRIStI 50 HEC EMBER 6. 2022 ._ ----- Nueces 11 Be _._:, •'y'r' EXHIBIT A "' B LI C INVESTMENT INITIATIVES P lB 6 LII C Ifj �' ES IT MEfd T f1T INFRASTRUCTURE MANAGEMENT PLAN(2021-2026) I�r $�= "•°� .8 � tat Garden Rd(Vestal Stto Juarez St ....................................................................: ...................n St.. _3 E Delgado Street(CastenoSt to Salazar i Garden St(Prescott St to Juarez St) � � 6 StJ i Soledad St(Greenwood Dr to Carver Dc) „ ........... � Dr er Circle(Riverton Dr to Langton.....Y... Ave.) Green Pass Dr(Green Park Dr to Dead ......................................... ....... i yyFio Golden Gate Circle(Old Brownsville Rd.To: End) etv ..................................................................... Dead End) i Green Point Dr.(Bear Ln to Dead End) Corpus ....................................................................: ....................................................................; Green Lane Drive(Green Tree Dr.to Dead Hampshire Rd.(Padre Island Dr.to Benys I End)........ i Rd) w Y .. .. .................................................. .. ..... ... . ..... C��sti ............. Green Leaf Drive(Green Tree Dr.to Dead Juarez St(Castenon St.to Salazar StJ tis i.. .End) ....... ...........................................................i Langton Ave.(Darcey Dr.to Dryer Cir) GreenPark Drive(Green Point Dr.to """""""""""""""""""""""""""""" Green Gate DL) IGfl Mansheim Dr.(Dead End to Orchid Ln.) - - - """"""""""""""""""""""""""""' 5 S Port Ave.(Baldwin Blvd.to Morgan Ave.) 17th Street(Crosstown Expwy.to ... ................................................................. Marguerite St.) S Prescott St.(Gollihar Rd.to Trojan St. —� :.. ..................................................................... ... ....................................................................: Om San Saba Drive(Concho St.to Corral St.) S D (Dryer Ciu To Archdale Dr) Riverton r. :.. ....................................................................: ............... ......... ... Shawnee Street(Baldwin Blvd.to Lou St.) S4S Cou Club ntry CI PI.(Up River Rd to 37) m 8 7 m ( Bartlett Drive(Krejci Dr.to Saxet St) .54 Salazar St(Juarez St to Prescott St) MacArthur Street(Nimitz St.to Presa St.) i Trojan Dr.(Crosstown Expwy.to Castenon i .. . . ................... StJ Barrera Drive(Bloomington St.to Villareal .............................................................' atm Dr) i Vestal St.(Mannheim Blvd.to Gollihar Rd.) W ....................................................................: EI Monte Street(Pamona St.to Victor L Vernon Dr.(Dona Dr.N to Dona Dr.S) Ortego St) i Years 36IMP-- .................................................................... ..................................................... Harvard Street(Prescott St.to Vitemb St.) .................................................................... p Green Acre Drive(Green Tree Dc to Dead a // Infrastructure Management Plan End) Projects r ... ..................................................................... C9 Balboa St.(Pine St.to Morgan Ave.) " —Health and Safety Improvements :.. ..................................................................... Baldwin Blvd.(Port Ave.to Frontage Rd.) -------= .Parks and Trails Belton St.(Reynosa St.to Greenwood.Dr.) —Street Improvements :.. ....................... ........................................... Dixon Dr.(Petty Dr.to Ouaile Dr.) —Transit Fairview Dr.(Up.River.Rd..to.Kenwood.Dr.).. :�Utility/Infrastructure Improvements Q4 Nkstsitle Boundary Q (L@OD 4'p Corpus Christi City Lim As OM1�um **The first two years of the Infrastructure Management Plan(IMP)are considered to be complete in Data muectea November tz.zort the planning process,while the subsequent three-years are considered to be on a rolling list that is / II F " utilized for planning purposes.The IMP will be updated and presented to Council for adoption annually. Residents are encouraged to visit https://www.cctexas.com/imp for the most current list of projects. F-----f CITY OF CORPUS CHRISTI y v�.�_._!� 1 52 D E C E M B E R 1. 2 1 2 2 r -1l \\ I EXHI Nacea 0 LI C IN VES T M E N T IN I T I A TI V ES C9 C ENV ES T ME td TI A TI V Wk rt, .�-..-.-/ MID-TERM(6-10 YEARS) ' 9 � gym►-.w Add Bus Service to Salinas Park* Leopard Street N 6 S(Navigation Blvd. to SPID) yq,n CCopms Navigation Boulevard(Old Brownsville ? ©�,, -- n inti Navigation anon Boulevard(Agnes St.to eay 9 o Agnes St) 9 9 Leopard St) B Morgan Avenue(Virginia Ave.to Airport ° Rd.) „n ;.. .............................................................: Morgan Ave(Baldwin Blvd.to Virginia Ave.) Morgan Ave/Baldwin Ave.Intersection i aamcFum q, Reconstruction......................................: , Greenwood Dc Reconstruction(Port Ave.to Horne Rd.) C4, Greenwood Wastewater Treatment ` U8 .Plan Process Upgrade(DAF and Odor a i ;Control) ............................................................................ �. Greenwood Wastewater Treatment Plant Expansion ....................................... L • _: *Project Not Mapped aa 54 "CIE MICE,R 6CORP U S CHRIST I D E . 2 H 12 ?55 City of Corpus Christi iestside■ Area Development Plan BACKGROUND DOCUMENT DECEMBER 3, 2020 PLAN CC Westside AREA DEVELOPMENT PLAN TABLE IE CONT ! NT STUDY AREA BOUNDARY ...........................................................1 STUDY AREA BOUNDARY ............................................................................2 DEMOGRAPHICS...........................................................................5 DEMOGRAPHICS.............................................................................................6 ONLINE SURVEY SUMMARY....................................................................... 8 COMMUNITY OPEN HOUSE SUMMARY ...................................................10 BUSINESS ANALYST: EXECUTIVE SUMMARY........................................ 12 TRANSPORTATION..................................................................... 15 URBAN TRANSPORTATION PLAN ............................................................ 16 BIKE MOBILITY PLAN ................................................................................ 22 RTA BUS BOARDINGS ................................................................................ 24 TRAFFIC CRASH DATA............................................................................... 26 PUBLIC INPUT: TRANSPORTATION ISSUES .......................................... 28 STREET BOND PROJECTS.........................................................................30 RESIDENTIAL STREET REBUILD PROGRAM(RSRP)............................34 UTILITIES ....................................................................................37 WATER INFRASTRUCTURE........................................................................38 WASTEWATER INFRASTRUCTURE ..........................................................40 STORMWATER INFRASTRUCTURE ..........................................................42 CITY OF CORPUS CHRISTI ii DECEMBER 3 , 2020 NEIGHBORHOOD CONDITIONS ............................................... 45 COMMUNITY ASSETS .................................................................................46 AGEOF HOUSING........................................................................................48 POPULATION/MEDIAN INCOME CHANGE..............................................50 PROPERTY VALUES....................................................................................54 RESIDENTIAL AND COMMERCIAL PERMITS ......................................... 56 PLANNED PUBLIC INVESTMENTS........................................................... 58 CRIME MAP (2015-2020)...........................................................................64 PUBLIC INPUT: CRIME AND SAFETY CONCERNS ................................ 66 ENVIRONMENTAL CONDITIONS ............................................. 69 PRELIMINARY FIRM.................................................................................... 70 PUBLIC INPUT: ............................................................................................ 72 UTILITIES AND FLOODING ........................................................................ 72 LANDUSE................................................................................... 75 EXISTING LAND USE ...................................................................................76 SUBDIVISION/PLATTING ........................................................................... 78 2016 FUTURE LAND USE...........................................................................80 APPROVED ZONING CASES (2015-2020).............................................. 82 LANDFILL LOCATIONS...............................................................................86 BUSINESS ANALYST: RETAIL MARKETPLACE PROFILE ....................88 W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 iii THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI iv DECEMBER 3 , 2020 STUDY AREA BOUNDARY W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 STUDY AREA BOUNDARY STUDY AREA BOUNDARY CITY OF CORPUS CHRISTI 2 DECEMBER 3 , 2020 G`�3a3 STUDY ARE '._._ _ a : , Corpus _ •� �� �� ted, �� 1 Christi Bay j ,V y ^�y�'ygy1fiY d ' 00, Wad ANY �Syp Y zI "� F �`Y .� • .k. i •�4 W ! X A ;r "27, � :. Westside Area Development Plan 8 Boundary Westside Boundary 6 ;7 ,. F ; Corpus Christi City Limits h l'•A � Miles Source: Freese and Nichols November 2020 `_-_• -----' e n E ``ter—F- D E V E 8 \p_.F THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 4 DECEMBER 3 , 2020 DEMOGRAPHICS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 DEMOGRAPHICS DEMOGRAPHICS POPULATION 55,664 53,985 51,802 51,280 0 0 i i 2000 2010 2019 2024* Westside • • Population Growth by Year Average Annual Growth Rate *Projected Population 2000-2019 RACEi 16.3% Some Other Race 2,7% <0,1% Two or More Pacific Islander 2.1% 7.4% 0.7% 14.2% 85+ 0 - 4 14.6% Asian 65 - 84 5 - 14 0.7% American Indian 71% 35.7 Black Median Age 0 72.9/ 34.4% o 4 White 27.1% 86.8% 55 - 64 15 - 54 Hispanic Origin of Any Race CITY OF CORPUS CHRISTI fi DECEMBER 3 , 2020 DEMOGRAPHICS HOUSING (2019Y Renter-Occupied Renter-Occupied Median Household Income PV Owner-Occupied Owner-Occupied S71 , 607 Westside Corpus Christi — — — — — — — — — — Median • Occupied Housing Units 0 EDUCATIONAL ATTAINMENT • Some College 17.4% 36.8% No High School Diploma 35.3% 10 .5% 00. High School Graduate College or Graduate Degree 'Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 7 ONLINE SURVEY SUMMARY ONLINE SUMMARY What are your top priorities regarding the quality of life in the Westside? Family-Oriented Housing Options Utilities Environmentally Friendly Parks and Recreation Opportunities and Issues i Opportunities i i Issues i � • Salinas Park Improvements � � • Crime � � • Build on Previous Improvements � � • Flooding � � • Buffering Between Industrial and � � • Poor Streets and Sidewalks � Residential � � • Abandoned Homes � • New Commercial and Entertainment • Commercial and Residential Revitalization I F C I R ' i I E C E M B E R 3 2 0 2 0 ONLINE SURVEY SUMMARY Rate Your Priorities F e (Highest Average Rating from Public Responses) Current Amenities and Services Public Services Highest Average Rating Commercial Services ftk Lowest Average Rating Ago Most Important Environmental Issue Family-Friendly Amenities Sinole F Most Needed Most Needed Housing ftk Entertainment Option Option Biggest Transportation Challenge Public Improving Existing Parks Transportation Most Needed Recreational Improvement OTO W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 9 COMMUNITY OPEN HOUSE COMMUNITY OPEN I S U M M A R Y WHAT I S T H E MOST IMPORTANT FACTOR WHEN CONSIDERING FUTURE IMPROVEMENTS? 16% Quality of Life Pon 10� Revenue Generation Other Comments Impacton " ' • More family and children entertainment Drainage Impacts • Safe walking paths or sidewalks to school • Outdoor park for physical $% Preservation of Open S••SIRNactivity • Reduce food deserts with 6% Environmental Impact farmers markets • To fix rental homes 4% Impacts on • of • Curb appeal ��� • Work development • Small businesses able to 4% • attract customers • Murals, art, sculptures, history- 4% • Infrastructure old town, Hispanic heritage, Mercado drawing tourists. CITY OF CORPUS 10 I 0 2 0 COMMUNITY OPEN HOUSE SUMMARY VISIONMY I I //Clean up the Commercial Facilities. Restore/Rebuild Older Neighborhoods Hold the owners accountable.// More Nature Parks/ // // More Housing Modern Playgrounds// Curb Appeal More Community Centers// //Business Development// MY FAVORITE PART OF THE WHAT TYPE I NEEDEDMOST? 0!2k so 4602 % iiTownhomes WHAT IS MISSING MOST IN THE WESTSIDE? 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% O More Mixed-Use Professional New Parks Shopping Restaurants Entertainment Housing Office/ and Trails Personal Choices Employment Services Opportunities W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 11 BUSINESS ANALYST : EXECUTIVE SUMMARY BUSINESS ANALYST : EXECUTIVE SUMMARY esrr Executive Westside Boundary Prepared by Esri Area: 21.26 square miles Population 2000 Population 51,802 2010 Population 51,280 2019 Population 53,985 2024 Population 55,664 2000-2010 Annual Rate -0.10% 2010-2019 Annual Rate 0.56% 2019-2024 Annual Rate 0.61% 2019 Male Population 49.0% 2019 Female Population 51.0% 2019 Median Age 35.7 In the identified area,the current year population is 53,985.In 2010,the Census count in the area was 51,280. The rate of change since 2010 was 0.56%annually.The five-year projection for the population in the area is 55,664 representing a change of 0.61%annually from 2019 to 2024.Currently,the population is 49.0%male and 51.0%female. Median Age The median age in this area is 35.7,compared to U.S.median age of 38.5. Race and Ethnicity 2019 White Alone 72.9% 2019 Black Alone 7.1% 2019 American Indian/Alaska Native Alone 0.7% 2019 Asian Alone 0.2% 2019 Pacific Islander Alone 0.0% 2019 Other Race 16.3% 2019 Two or More Races 2.7% 2019 Hispanic Origin(Any Race) 86.8% Persons of Hispanic origin represent 86.8%of the population in the identified area compared to 18.6%of the U.S.population. Persons of Hispanic Origin may be of any race.The Diversity Index,which measures the probability that two people from the same area will be from different race/ethnic groups,is 58.7 in the identified area,compared to 64.8 for the U.S.as a whole. Households 2019 Wealth Index 34 2000 Households 15,930 2010 Households 17,016 2019 Total Households 17,863 2024 Total Households 18,419 2000-2010 Annual Rate 0.66% 2010-2019 Annual Rate 0.53% 2019-2024 Annual Rate 0.61% 2019 Average Household Size 2.97 The household count in this area has changed from 17,016 in 2010 to 17,863 in the current year,a change of 0.53%annually. The five-year projection of households is 18,419,a change of 0.61%annually from the current year total. Average household size is currently 2.97, compared to 2.97 in the year 2010.The number of families in the current year is 12,765 in the specified area. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 ormore owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 07,2020 n2020 Fsri CITY OF CORPUS CHRISTI 12 DECEMBER 3 , 2020 BUSINESS ANALYST : EXECUTIVE SUMMARY AftAesria Executive Summary Westside Boundary Prepared by Esri Area: 21.26 square miles Mortgage Income 2019 Percent of Income for Mortgage 10.5% Median Household Income 2019 Median Household Income $33,226 2024 Median Household Income $37,225 2019-2024 Annual Rate 2.30% Average Household Income 2019 Average Household Income $43,325 2024 Average Household Income $49,285 2019-2024 Annual Rate 2.61% Per Capita Income 2019 Per Capita Income $14,490 2024 Per Capita Income $16,472 2019-2024 Annual Rate 2.60% Households by Income Current median household income is$33,226 in the area,compared to$60,548 for all U.S.households.Median household income is projected to be$37,225 in five years,compared to$69,180 for all U.S.households Current average household income is$43,325 in this area,compared to$87,398 for all U.S.households. Average household income is projected to be$49,285 in five years,compared to$99,638 for all U.S.households Current per capita income is$14,490 in the area,compared to the U.S.per capita income of$33,028. The per capita income is projected to be$16,472 in five years,compared to$36,530 for all U.S.households Housing 2019 Housing Affordability Index 194 2000 Total Housing Units 17,511 2000 Owner Occupied Housing Units 10,039 2000 Renter Occupied Housing Units 5,891 2000 Vacant Housing Units 1,581 2010 Total Housing Units 19,048 2010 Owner Occupied Housing Units 10,206 2010 Renter Occupied Housing Units 6,810 2010 Vacant Housing Units 2,032 2019 Total Housing Units 19,906 2019 Owner Occupied Housing Units 9,917 2019 Renter Occupied Housing Units 7,946 2019 Vacant Housing Units 2,043 2024 Total Housing Units 20,465 2024 Owner Occupied Housing Units 10,139 2024 Renter Occupied Housing Units 8,280 2024 Vacant Housing Units 2,046 Currently,49.8%of the 19,906 housing units in the area are owner occupied;39.9%,renter occupied;and 10.3%are vacant. Currently,in the U.S.,56.4%of the housing units in the area are owner occupied;32.4%are renter occupied;and 11.2%are vacant. In 2010,there were 19,048 housing units in the area-53.6%owner occupied,35.8%renter occupied,and 10.7%vacant. The annual rate of change in housing units since 2010 is 1.98%.Median home value in the area is$71,607,compared to a median home value of$234,154 for the U.S. In five years,median value is projected to change by 1.34%annually to$76,534. Data Note:Income is expressed in current dollars. Housing Affordability Index and Percent of Income for Mortgage calculations are only available for areas with 50 or more owner-occupied housing units. Source:U.S.Census Bureau,Census 2010 Summary File 1.Esri forecasts for 2019 and 2024.Esri converted Census 2000 data into 2010 geography. February 07,2020 X2020 Esri = - W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 13 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 14 DECEMBER 3 , 2020 TRANSPORTATION W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN URBAN TRANSPORTATION PLAN --------------------------------------------------------------------------------------------------------------------------------------------------------- EXISTING PROPOSED EX PR ROADWAY CLASSIFICATIONS (MILES) (MILES) --------------------------------------------------------------------------------------------------------------------------------------------------------- Al Minor Arterial (Undivided) 20.0 : 4.1 A2 Secondary Arterial (Divided) 5.8 5.7 ............................................................................... A3 Primary Arterial (Divided) 0.8 4.5 ............................................................................... C1 Minor Collector 21.4 17.2 ............................................................................... C3 Primary Collector 0.0 1.2 ............................................................................... F1 Freeway/Expressway 16.8 0.7 ............................................................................... 000=;. Pi Parkway Collector 0.0 1.5 ................. ...... ............................................................................... RR Railroad 5.4 0.0 ......................................................... Total 70.0 34.9 .......................................................................................................................................................... EX - Existing PR - Proposed CITY DF CORPUS CHRISTI DECEMBERlfi 3 , 2 0 2 0 1-ulton o CO c ✓ Market St U R II p� �y �q S Q+ m B A T A ""._.......Na 'ga ion BI✓J ..,,..w, _, •` a P Rimer -.Rd > 0 Port Ave —2A0, CD 4e �Al ngo St t - Leopard C7 _Std to a Spur 07 p St O�. c7 Cj Lipen St Comanche �.. St a State Spur 544 AgnesiSt State Hwy 44 —,-, I 7 Corpus Q �.- a D' Christi �- �a glufyortl=St _ 8 � a C1 v•-----6 .r -. 6 Al a organ Ave 3 --•-•'6 m r �I /aW✓ne — m a 0 W m - , TU C LLG cl --Ba;e41 s-Rd�- •z'mh C U a i r O U a rte, rJ_, HOme•RdA1 0S,o � h �a 0 Blooming)In St Urban lnt.Rd p Trans ortation Plan^ WPo _, G t. ^ /iharR Road Classifications -Al -Minor Arterial Undivided �`; ♦♦ ��c� -----•Al -Proposed —A2-Secondary Arterial(Divided) �'ir; ♦� �.�� q 1♦ � •---•A2-Proposed —A3-Primary Arterial(Divided) �. .-- • A3-Proposed •., �'��� y ''�� —C1 -Minor Collector ---C1 -Proposed ---C3-Primary Collector(Proposed) s% F1 -Freeway/Expressway •SaraO o ---Fl -Proposed �a aej�a �� oaoom P1 -Parkway Collector(Proposed) RR- Railroad Qa U � Westside Boundary of Corpus Christi City Limits Miles i Source: City of Corpus Christi ��cw°oa O< Co Rd it P1 C�` O� Data collected April 6,2020 � .e. a l t , ; Q re it i �z._ ....� .�.�.+.� ..,.,.�. ,• � tti��< WEST �'ia0„E� AREA D E V E 1 0 P M E N T PIAN ia M•.`�. NESEMPER S , 2D20 swat° 17 geRa FM 43 o v M o� URBAN TRANSPORTATION PLAN ROAOWAY OESCRIPTIONS The following are descriptions for each roadway type identified on the map. For full details of each roadway type, see the Urban Transportation Plan Design Criteria Manual. C1 - Minor Residential Collector The Minor Residential Collector is the lowest order collector and provides for internal neighborhood circulation as well as property access. This type of collector should not connect parallel arterial streets but may connect with arterial streets which are perpendicular to one another. This is the most common type of Collector Street and it will circulate traffic within a neighborhood, moving it from a higher order arterial street to a local access street. This street class is not intended to be continuous for more than one mile. Off-sets, or "'T"' intersections, are appropriate for this class of street in order to prevent short cuts through neighborhoods. This street type may serve low density housing to medium density multifamily housing, elementary schools or other uses with similar traffic generating characteristics. C1 Street Section L_ W RAW J m' w'BACK ro BACK +U' y, PARKING n ^ ftRXING , 50E�4L JVL 52L.1r HMV4 n StGPE 2K MIN. 2i SIOPr L_.L11-' IWA.,A 0" LIME IRFAIED SUBGRME 6"FLEXIBLE a-SE CITY OF CORPUS CHRISTI 18 DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN C3 - Primary Collector The Primary Collector provides access to commercial developments and several neighborhoods and should intersect with two or more parallel arterial streets. The primary collector can augment the freeway or arterial system where high-density development generates significant amounts of traffic. The Primary Collector may be used to support the freeway system by paralleling the freeway and providing a relief route for traffic from high density uses next to the freeway. The Primary Collector is expected to support heavy delivery vehicle traffic and is constructed to a higher, more durable standard than the Secondary or Minor Collector Streets. Primary Collector Streets serve medium to high density housing, high schools, public facilities and business uses. C3A Street Section W WX-6 PMk ... I.. _ ]' fi' 115 II.S' II.S' 117' 6 /LLr HIM ' IS'LM.iRJRM$V37P ALS C313 Street Section W En s r lls lis L us 125 r r r=FLMimi tw¢ w. i a%x��„�- ,r p Cx W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 19 URBAN TRANSPORTATION PLAN Al - Minor Arterial Streets The Minor Arterial provides for citywide and inter neighborhood traffic mobility but functions at a lower level then the Secondary Arterial. The primary emphasis is on traffic movement with more emphasis on land access then the Secondary Arterial. Al Street Section 15.5 64 15.5 4 Lanes with Continuous Left Turn Lane 5' 3' 13.5' 11.5' 14' 11.5' 13.5' S' 5 1' 1' 95'R.O.W A2 - Secondary Arterial Streets Secondary arterials are commonly located along neighborhood borders and collect traffic from residential areas and channel vehicles to the primary arterial system. The primary emphasis is on traffic movement rather than on land access. A2 Street Section 15 70' 15 Median 4 5' @ 13.5' r 1' 1' 100' R A.W A3 - Primary Arterial Streets A roadway that augments the freeway system and serves major through movements of traffic between important centers of activity, major traffic generators, and with a substantial portion of trips entering and leaving the area. Service to abutting land is subordinate to the function of moving through traffic. A3 Street Section 175 Median ti 14' 12• r r r 1$0'R.O.w CITY OF CORPUS CHRISTI 20 DECEMBER 3 , 2020 URBAN TRANSPORTATION PLAN F1 - Freeways / Expressways The main function of freeways and expressways is to carry traffic within the community and between major activity centers of the region. Freeways and expressways are used for longer urban trips and carry a higher proportion of the total area traffic on less mileage. Expressways and Freeways are ordinarily designed and constructed by the Texas Department of Transportation (TxDOT). The freeway and expressway system carries most of the traffic entering and leaving the urban area, as well as most of the through traffic movement bypassing the central City. Freeways are characterized by having at-grade intersections and may serve high-density residential, retail, service, and industrial uses. When these streets have grade separated interchanges, they may be identified as "expressways." F1 Street Section 36' 22 46' , _{ 46 22' 36- �... F � _ o woravn 5 13'10' 12' 14' 26'T26M10112' 25" 25' 12' 12' 12'10' 26' 14' 26' 14" 12'10' 13' 5 1' 0' 2' 4 2' 6' 9' 200' 200' 400' P1 - Parkway Collector Parkways take advantage of natural or manmade scenic views or areas. Parkways will contain hike and bike trails on the scenic side of the street. P1 Street Section IV r. u' •• -9[FW1{ �, PANIC n t' �. NSE i EK ML VL P,HW 22 YIN. _._..�11YR 220 I I V uYc rREA>m e'FLDXE er W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 BIKE MOBILITY PLAN BIKE MOBILITY PLAN ------------------------------------------------------------------------------------------------------------------------------------------------------------------ BIKE TRAIL TYPE MILES ------------------------------------------------------------------------------------------------------------------------------------------------------------------- Bike Boulevard7.2 ................................................................................................................................: ....................... Buffered Bike Lane1.1 ................................................................................................................................: ......................... 1-way Cycle Track (both sides) 14.2 ................................................................................................................................ ....................... 2-way Cycle Track (one side) 0.8 ................................................................................................................................ ....................... Multi-use Sidepath (one side) 1.0 ................................................................................................................................ ....................... Off-Road Multi-use Trail 8.6 ......... ......... ......... ... Total 32.9 : ......................................................................................................................................... BIKE FACILITY DESCRIPTIONS . Bike Boulevard metro area is at sidewalk level adjacent to or Bicycle Boulevards are typically local or in close proximity to the sidewalk. neighborhood streets that prioritize travel . 2-way Cycle Track (one side) by bicycle. Bicycle Boulevards encourage A two-way cycle track is a bikeway is similar low motor vehicle speeds, which discourages to the design of a one-way cycle track, but through traffic, and include safe crossings provides use by bicycles both in the direction at busy streets, thus providing a low stress of motor vehicle travel and contraflow from experience for cyclists. vehicular travel. Buffered Bike Lane . Multi-use Sidepath (one side) Buffered bicycle lanes designate a portion A shared-use sidepath, located on one side of a roadway for exclusive use by bicycles of the street (adjacent and parallel to a (by way of striping, signage, and pavement street), that accommodates two-way non- markings) that is separated from the motorized traffic. Shared use paths are not vehicular travel lane or from parked cars by dedicated bicycle facilities and thus also serve a striped buffer space (typically 2-5 feet in pedestrians, inline skaters, wheelchair users, width). joggers, and other non-motorized users. 1-way Cycle Track (both sides) . Off-Road Multi-use Trail A one-way cycle track is a bikeway provided A path, typically found along greenways, on both sides of the street that is physically waterways, active or abandoned railways, separated from the vehicular travel lanes and utility easements, within a right-of- that provides exclusive use by bicycles in the way that is independent and physically direction of motor vehicle travel. Separated separated from motor vehicle traffic by an bikeways may be placed at either street level, open space or barrier. Multi-use paths are not at sidewalk level, or at an intermediate level; dedicated bicycle facilities and thus also serve the preferred placement in the Corpus Christi pedestrians, inline skaters, wheelchair users, joggers, and other non-motorized users. CITY OF CORPUS CHRISTI 22 DECEMBER 3 , 2 0 2 0 1 K E i ....._ .... > �a a Corpus p �� g Christi Bay 0 0 MMDM 00 V WPMM .o .yam *a• Bike Mobility Network Recommended Network -Bike Boulevard Buffered Bike Lane 1-way Cycle Track(both sides) �2-way Cycle Track(one side) Multi-use Sidepath(one side) 88 -Off-Road Multi-use Trail Westside Boundary f Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected May1,2020 WESTSIDE Q7 ,11 ki4 23 RTA BIDS BOARDINGS RTA BUS BOARDINGS CITY Df CORPUS CHRISTI 24 DECEMBER 3 , 2020 ��Joe'Fulfon Corridor � o� �m c°J Market St rf Navl anon Blvd aCP'R- Rd a ort AveLl 181 <°0 o�cW - Cid a— \ A �Oa�e o St k hhobago oOpard St State,Spm 4@, L opard St LAan Ago I . `m. ,h� ,moo �� omanche I_�,- .GX 1 O i State SP" 544 a Agnes-St hI� State Hwy 44 Z i Corpus &. ; Christi N Padre Is/ ° Q2�aP Buford St D Bay ° �� m p a W ._.._ �' ea/cY•nC�J�O a Morga Ave 33 LL W _ Bates Rd 7- U 0-4) =m° f[ _ Beal Ln -•'� St 0 O< < . �u \ J J HornelRd o°a Ur a 6 Joe M eJ oom�ng•'fo�n St ��m�Q��' %yon co 0- -To o F� n°Ra J O G , W e Point Rd we• °/iiha� mQ / O R, z a otder°wns�tteRd `x - .1 RTA Bus Boardings p hOiiyRa Total Ride b� 0-3 0 O 4-10 p sOk°iOr ® 11 -17 �a��toga O 18-33 4P O • 34 or greater v° Co Rd 26 V\/estside Boundary m Corpus Christi City Limits /v�mQa �m O��s Miles s4o°o, Source: City of Corpus Christi Data collected February 2020 Co Rd 26 Y —.- 4NESTSIDE -•R-Er , DEV ELfLPMkly � DEDEMBER 3 , 2I sarato9a 25 %a FM 43 T�•Sy o �, TRAFFIC CRASH DATA TRAFFIC CRASH DATA CRASH LEVEL DESCRIPTIONS Suspected Serious Injury Any injury, other than a fatal injury, which prevents the injured person from walking, driving or normally continuing the activities he was capable of performing before the injury occurred. Non-Incapacitating Injury Any injury, other than a fatal or an incapacitating injury, which is evident to observers at the scene of the crash in which the injury occurred. Possible Injury Any injury reported or claimed which is not a fatal, incapacitating or non-incapacitating injury. Killed (Fatality) Any injury sustained in a motor vehicle traffic crash that results in death within thirty days of the motor vehicle traffic crash. ---------------------------------------------------------------------------------------------------------------------------------------------------------- 2017 2018 2019 2020 : 99 - UNKNOWN 0 : 0 : 0 : 0 : 0 : 0 : ........................................:..................:.................:..................:..................:..................:..................: A - SUSPECTED SERIOUS 23 34 30 30 34 15 INJURY :........................................:..................:.................:..................:..................:..................:..................: : B - NON-INCAPACITATING 142 : 154 : 123 : 100 : 111 : 9 INJURY ........................................:..................:.................:..................:..................:..................:..................: C - POSSIBLE INJURY 199 : 308 : 334 : 363 : 333 : 65 ........................................:..................:.................:..................:..................:..................:..................: K - KILLED 5 : 16 : 10 : 6 : 4 : 5 ........................................:..................:.................:..................:.................. .................. ..................: N - NOT INJURED 0 0 : 0 : 0 : 0 : 0 ....... ....................... ............... ............................................. ............ Total : 369 : 512 : 497 : 499 : 482 : 94 ........................................ .........................................................:..................:...................................... *Data as of February 2020 Each dot on the map represents a crash or incident. CITY OF CORPUS CHRISTI 2G DECEMBER 3 , 2020 Joe-Fulton_�oR�dor - y or m� Market St Navigation Blvd 111111 v iUF ver'Rq � d + m 37 N Ry •� f��a�� �—�37.►,;� :eS gnto�� State Spur 4g7 Leopard St w --•` ■■AI■Antelop ti ll\ ■■■■■■■ �■■qj� FEEeipti"S.t.,1■�w�w�.�■��#fir . ■`co ma nc h e S tt tate Spur M p 541 Art Agnes St i, sy$[ w Sta a Hwy 44 r -�' ''I,,..._ {a • • t • m F . pJe to N Padre lye lit!=�� • � -pP_° Buford S v O w"IY■{L• 0e Ave . OL M li yw N aw Bates Rd -a '� z z T ON, Bear L•n �° c ;,t r � i y�^'! •C Horne Rd o � i� V � � c �e a, Joe�� IoomingtonSt �� g o� F� boffin • - w Point Rd GO//iha T�°lan O o a�a/O 9a e- c,° �a Co Rd 26 • - - - - -• - • - �, 0 y _ e 4 - o 0 Co Rd 26 i Cabaniss Field ea MM � yra a - � n I I i � arato v FM 43 Q!'M PUBLIC INPUT : TRANSPORTATION ISSUES PUBLIC INPUT : TRANSPORTATION ISSUES The map shows the location of transportation as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to transportation. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI 28 DECEMBER 3 , 2020 P U 0 L I C Imo. ® Corpus plCtp q Christi ® n Bay 8 8 � 00 O � @mm M5 ®� 0=0 Transportation Responses Transportation OTransportation,(Good) OTransportation,(Bad) Westside Boundary 8 Corpus Christi City Limits Miles i Source: Metroquest Data collected February 2020 EM Lk 29 STREET BONG PROJECTS STREET BOND PROJECTS CITY OF CORPUS CHRISTI 30 DECEMBER 3 , 2020 Fult'onm dor Market St Navigation t31vd �! a � i ����`�•. p�Riwera_,2l27 *��•` 35 0 QtortJA e 181 ��,��o a ZY3 mom\ m m m a d2v m p7 /roe c m p'�e ' w■ Ra e� 23 oa�eS S/ �k hhebago < o\�dgSt L 311 3`5_q Sty Sl State-S ur-407 Leopard<St 24 43 38�r� 41 25 pan Gornanche Sti j 26 State Spur 544 Agnes-St 27 State Hwy 44 N Q Corpus v 28 0 Christi s. a N Padre Is/Q o �0�\ae Buford-St (n Bay 4- W kY e/ N v o ;(D LL o = Bates Rd o 3D �9 8 yt a Bear Ln 3 ��4 6 st/o c p C18 �u 2 Horne-Rd���c3u mums V JoeMireu� Bloomington St m v� 39 y yns S 20 Vo y W-Point�Rd 44 ��' Q 2,1 Go//ihar �m 45 Ra �,�■ � 32 er` �•• �al j.'�aorA"Y Bond Projects 0tderown o/y�Ra Year `40 Bond Year 2000 48 Bond Year 2004 46, k Bond Year 2008 saaf�l� Bond Year 2012 a �o9a%�a Bond Year 2014 o Bond Year 2018 Co Rd 26 v Westside Boundary Corpus Christi City Limits �y 1 Miles uucw000 Source: City of Corpus Christi Co Rd 26 Data collected April 6,2020 � ' '-'7 0 � a t r ----------- L.-sp ------ s y WE TSID � ni, � k ,E10P ENT LA a�a/.sa= FM 43 0 ��� STREET 6 0 N 0 PROJECTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- YR STREET FROM TO FT WORKTYPE STATUS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 : 2000 : UP RIVER RD ST SPUR 407 IH 37 3,401 OVERLAY COMPLETE ........... OLD 2 : 2000 CLIFF MAUS DR : BROWNSVILLE : ROCKFORD 1,152 : RECONSTRUCTION COMPLETE ........... ..... .............................. ............ .................................... .............................. : 3 : 2004 BUDDY BUFFALO ST : PALM 1,577 : RECONSTRUCTION COMPLETE : LAWRENCE ........... .............................. ............ .................................... .............................. : 4 : 2004 PALM DR : ANTELOPE : EXPRESSWAY 367 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : 5 : 2004 ANTELOPE ST NUECES BAY STILLMAN 2,219 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : : 6 : 2004 : BUDDY : ANTELOPE LEOPARD ST 768 : RECONSTRUCTION COMPLETE LAWRENCE DR : ........... .............................. ............ .................................... .............................. :7 : 2004 NIMITZ ST EISENHOWER MAC ARTHUR 956 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : 8 : 2004 HALSEY ST MAC ARTHUR EISENHOWER 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. : ONTGOMERY 9 : 2004 : MMAC ARTHUR EISENHOWER 952 : RECONSTRUCTION COMPLETE ST ........... .............................. ............ .................................... .............................. 10 : 2004 GUADALUPE ST EISENHOWER MAC ARTHUR 949 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :11 : 2004 NOGALES ST EISENHOWER MAC ARTHUR 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :12 : 2004 PRESA ST MAC ARTHUR EISENHOWER 950 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. STENHOWER:13 : 2004 : BOLIVAR NIMITZ 2,365 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. MAC ARTHUR :14 : 2004 : BELTON NIMITZ 2,680 : RECONSTRUCTION COMPLETE :: ST ........... .............................. ............ .................................... .............................. :15 : 2004 GUADALUPE ST SARITA NIAGARA ST 639 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :16 : 2004 : NOGALES ST SARITA NIAGARA 655 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :17 : 2004 PRESA ST SARITA S PORT A 852 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :18 : 2004 NIAGARA ST BOLIVAR : GUADALUPE 965 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. :: OLD :19 : 2004 CLIFF MAUS DR BEAR LANEBROWNSVILLE : 1,683 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. 20 : 2004 CLIFF MAUS DR SH 358 : ROCKFORD 2,060 : RECONSTRUCTION COMPLETE ........... .............................. ............ .................................... .............................. GREENWOOD :: PADRE ISLAND 21 : 2004 : GOLLIHAR 3,845 : RECONSTRUCTION COMPLETE DR : DR ........... .............................. ....... .................................... .............................. 22 : 2008 UP RIVER RD IH 37 DUNN-MEANY : 10,626 : RECONSTRUCTION COMPLETE ........... .............................. ....... .................................... .............................. : 23 : 2008 : BUDDY : ANTELOPE IH 37 2,590 : RECONSTRUCTION COMPLETE LAWRENCE DR .......................................... ............................... ........................................... .................................... .............................. CITY OF CORPUS CHRISTI 32 DECEMBER 3 , 2 0 2 0 STREET BOND PROJECTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- # YR STREET FROM TO FT WORKTYPE STATUS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- : 24 : 2008 : NUECES BAY : ST SPUR 407 LIPAN 687 : OVERLAY COMPLETE BLVD ............... ............ .................................... .............................. : 25 : 2008 UP RIVER RD FAIRVIEW : PALM 2,748 : OVERLAY COMPLETE : 26 : 2008 LAREDO ST SPUR 544 SIXTEENTH 2,392 : OVERLAY COMPLETE : 27 : 2008 AGNES ST N PORT SIXTEENTH 3,333 : OVERLAY COMPLETE : 28 : 2008 BALDWIN BLVD AGNES ST AIRPORT RD. 1,510 : OVERLAY COMPLETE : 29 : 2008 MORGAN AVE BALDWIN DAVID 5,452 : OVERLAY COMPLETE : 30 : 2008 : TARLTON ST GREENWOOD WASHINGTON 1,270 : OVERLAY COMPLETE : 31 : 2008 HORNE RD DAVID GREENWOOD 3,579 : OVERLAY COMPLETE : 32 : 2008 : TROJAN DR SH 286 GREENWOOD 3,927 : OVERLAY COMPLETE N PANDE ADR : OLD : 33 : 2008 BEAR LN 6,230 : RECONSTRUCTION COMPLETE ISLBROWNSVILLE : 34 : 2008 FLATO RD BATES RD. BEAR LANE 2,603 : OVERLAY COMPLETE NAVIGATION 35 2012 UP RIVER IH 37 1,903 : COMPLETE BLVD NAVIGATION : LEOPARD (HWY 37 2012 IH 37 2,239 COMPLETE BLVD : 9) : 38 : 2012 LEOPARD ST : CULBERSON PALM DR. 3,406 : DESIGN : 39 : 2012 DREENWOOD : HORNE GOLLIHAR 2,641 : COMPLETE 40 : 2012 HOLLY RD SH 286 W. GREENWOOD 3,946 : DESIGN : OLD CONSTRUCTION : 41 : 2014 : LEOPARD ST : AGNES 4,804 : RECONSTRUCTION ROBSTOWN RD :: - DELAY 42 : 2014 FLATO RD HWY.44 BATES RD. 5,201 RECONSTRUCTION CONSTRUCTION 43 : 2018 LEOPARD ST NUECES BAY : PALM 2,122 : RECONSTRUCTION DESIGN : 44 : 2018 GOLLIHAR RD SH 286 GREENWOOD 3,994 : RECONSTRUCTION DESIGN : 45 :2018 CASTENON ST DELGADO : TROJAN 1,747 : RECONSTRUCTION DESIGN : 46 :2018 : DORADO ST : HACALA MARTIN 673 : RECONSTRUCTION DESIGN : 47 :2018 HACALA ST : DORADO FRIO 315 : RECONSTRUCTION DESIGN : 48 :2018 : FRIO ST : HACALA GREENWOOD 2,048 : RECONSTRUCTION IN PROGRESS .................................................................................................................................................................................................. WESTSIDE AREA DEVELOPMENT PLAN DECEMBER 3 , 2 0 2 0 33 R� � � | � � � T | 8 | � T � � � T � � � N | | � � � � � � 8K8 � � � � � � � � ' = � '" ' ' " � � ' '^ � � ' '^ � � � ' � = ' '^ � � '^ " " v '^ � '^ ' ^ RESIDENTIAL STREET REBUILD PRO GRAM ( RS RP ) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ LENGTH WIDTH STREET FROM TO NOTES � 1 SAN � C{)NCHO � C{)K4AL 662 � �4 �� PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : � � SC{)UNTRYCLUBPL UP INTERSTATE � 20 : PLANNED 64� �0PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : 3 � BARTLETTDR : SAXET : KREJC| LN � 229 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 4 SEVENTEENTH SH MARGUERITE � 18 : PLANNED 30� 18PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � : 5 SHAVVNEEST � BALDVV|NST LOU� T � 24 : PLANNED 46� �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 6 MAC � N|K4|TZ : PRESA � �38 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� :7 GREEN GREEN DEAD � 24 : PLANNED �00 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � 9 GREEN GREEN DEAD � 24 : PLANNED �90 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :10 �REENLANEDR GREEN DEAD � 24 : PLANNED �00 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� �11 GOLDEN OLD DEAD � 24 : PLANNED 40624PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :1� R|VERT�NDR DRYER : ARCHDALE � Z75 : 24 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� : DRYER DRYERC|R � R|VERT�N � LAN�T�NAVE � 24 : PLANNED 331 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :14 LAN�T�NAVE � DARCEYDR DRYER � 24 : PLANNED 259 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� :15 BARRERADR BLOOMINGTON V|LLAREAL 1.358 : 24 : PLANNED � �--�------------'�------------�-------------'�----'�----'�-------� : HARVARD HARVARDST : PRESC�TT � V|TEK4B � 24 : PLANNED 6J9 �4PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� � :17 DEU�AD{) ST : CASTEN{)N : SALAZAR � �58 : �4 : PLANNED � � � � � � � � � �--�------------'�------------�-------------'�----'�----'�-------� �18 EL � PAK4{)NA VICTOR �83 � �4 � PLANNED � � � � � � � 24 : PLANNED ..................................................................................................................................................................................._ CITY OF CORPUS CHRISTI 34 OECEM8ER 3 . 2O2O Nueces Bay �►--• ♦ e> J •�. ��� i 8 ��� 181 1 QMM2vQ3 Corpus q - g Christi Bay e e OF 8 , OOGO Residential Street Rebuild Program (RSRP) Streets for Rebuild 8 Westside Boundary Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected Sept.3,2020 3�Gi�33 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 3G DECEMBER 3 , 2020 UTILITIES W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 UU � T � � | � � � � � T � N � TN � � .. " . � .. . .. . ° " " . ° � � . � ° � W A T E R I N F R A S T R U C T U R E DECADE MILES OF LINE : 1930's 0.24 : �------------' ------------'� : 1940's 1.06 : �------------' ------------'� : 1950's 39.07 : �------------' ------------'� : 1960's 19.92 � �------------' ------------'� : 1970's 9756 : �------------' ------------'� : 1980's 32]1 : �------------' ------------'� : 1990's 42.69 : �------------' ------------'� � 2000's 27f�2 � �------------' ------------'� � 2010'S 8]7 � �------------' ------------'� � n0data � 8l[} � � Tm0aU276.77 � .....................................' ....................................'� CITY OF CORPUS CHRISTI �� O E C E N 8 E R 3 . 2O 2O Joe Fulton Corridor y c 37 0 y Market S 1' i ti / � Up River.R o ' '' d� ■ �`°' oR Ave /VIA `� NOd e SSf aarba90 d���� n P eOpardS�� �_� �y`� talo a 37 State`Spur 407 Leopard,StPE St '� Stat'e�Sp'ur esJSt State 44 ' �111 r rt�� I 1 I -•����r• r m _ N N Padre is/ °:;� III`I IIA Only Fg, Buford I r MoYgan--X J r, �� 1I�1�♦ N ve C17Cl6tl = gates+Rd o `/ �i 4 07 r Bear Ln `� u Hord e.Rd V JoeM�e Bloomin`I1;o11onSt— oint � y W PRd�„�� Y Q- otdBtoWn��\e a ` SOkoi�i • •. . Sad`tO9 Q- Co Rd zs �a a d aD' Greery3 _ _ Co Rd 26 �- - • • � � Cabaniss Field � MM ,•L a � ee Rd Sa�atp FM 43 d a °y o a i �Qy UU � � T � UU � T � � | � � � � � T � N � TN � � .. " � . � .. " . � .. . .. . ° " " . ° � � . � ° � WASTEWATER INFRASTRUCTURE DECADE MILES OF LINE : 1890's 0.31 : �------------' ------------'� : 1900's 0.98 : �------------' ------------'� : 1910's 0.94 : �------------' ------------'� : 1920's 7.39 � �------------' ------------'� : 1930's 2.83 : �------------' ------------'� : 1940's 52.02 : �------------' ------------'� : 1950's 30]1 : �------------' ------------'� : 1960'3 40.55 : �------------' ------------'� : 1970'3 13fI3 � �------------' ------------'� : 1980'5 17.54 : �------------' ------------'� : 1990'3 9/40 : �------------' ------------'� : 2000's 15.28 : �------------' ------------'� � 2010'S 14.08 : �------------' ------------'� no data 1.04 : ------------------------------------------------ � Total 206.41 � �....................................' ....................................'� CITY OF CORPUS CHRISTI 40 OECEN8ER 3 . 2O2O F t=om P q � tb Mvb a Corpus p 8 Christi Bay 8 � a 0 0 � •r "s Wastewater Infrastructure Age of Line no data —Before 1950 —1950- 1979 —1980- 1999 —2000 or later Westside Boundary f Corpus Christi City Limits rap Miles Source:City of Corpus Christi Data collected May28,2020 i W E S T S I D E A E\ S_EVEL0PMENT P „ "r5 E E E M F P 7 41 Gma S T 0 R M W A T E R INFRASTRLICTURE STO RMWATER INFRASTRUCTURE PIPE SIZE PIPE SIZE MILES OF LINE MILES OF LINE (INCHES) (INCHES) 0 0.76 : 39 0.20 :: ............................ ......................... 6 0.11 : 42 8.42 : ............................ ............................ 8 0.15 : 45 0.19 : ............................ ............................ : 10 0.10 : 48 6.88 : ............................ ............................ : 11 0.01 : : 50 0.03 : ............................ ............................ : 12 1.23 : : 54 4.93 : ............................ ............................ : 15 0.01 : 57 0.04 : ............................ ............................ : 15 25.93 : 60 6.13 : ............................ ............................ : 16 0.03 : 66 1.71 : ............................ ............................ 18 29.27 : 72 2.78 : ............................ ............................ : 20 0.18 : 75 0.09 : ............................ ............................ : 21 5.76 : : 78 0.65 : ............................ ............................ : 24 15.48 : 84 1.35 : ............................ ............................ : 26 0.17 : 87 0.05 : ............................ ............................ 27 4.11 : 90 0.12 : ............................ ............................ : 28 0.09 : 92 0.07 : ............................ ............................ : 30 10.24 : 96 2.49 : ............................ ............................ : 31 0.05 : 99 0.12 : ............................ ............................ 32 0.02 : : 108 0.95 : ............................ ............................ 33 1.84 : : 111 0.10 : ............................ ............................ : 36 10.57 : : 120 0.45 : ............................ ............................ : 132 0.21 : ............ Total : 144.06 : .......................................................... CITY DF CORPUS CHRISTI 42 DECEMBER 3 , 2 0 2 0 t' ��3Gs� 181 I �=1 �b t Corpus -'- Christi Bay 0 Ir c Stormwater Infrastructure PIPE , 0D-- 115 —16- 18 —19-36 37- 132 Westside Boundary f Corpus Christi City Limits Miles Source: City of Corpus Christi Data collected April 6,2020 43 � 8 8e �a THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 44 DECEMBER 3 , 2020 NEIGHBORHOOD CONDITIONS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 COMMUNITY ASSETS COMMUNITY ASSETS CITY OF CORPUS CHRISTI 4G DECEMBER 3 , 2020 .... , .? �' ✓ GC3 G�Of Corpus fdbQ�3J, kG-.(�M Christi 8 C� aY f - ?� w �Y.L29 MAD la Mau .c i r0 C i w , Community Assets Facility Type Community Asset Schools Parks (9 Westside Boundary Corpus Christi City Limits tl Source:City of Corpus Christi Data collected May 2020 ;}` 47 AGE OF HOUSING AGE OF HOUSING I YEAR STRUCTURE NUMBER OF UNITS BUILT : 1980 or before 18,403 : ...................................... : 1981 to 2000 2,748 : ...................................... 2000 or later 0 ...................................... No Data 0 Total 21.151 ............................................................................. CITY OF CORPUS CHRISTI 48 DECEMBER 3 , 2 0 2 0 ,.Joe Fulto Corridor„' c yo 0 me Market St e . "`"""--"""Navigation Blvd `^•� a Up=Ri�� ti c 1 Rd o �e o Ave 181 3 V J -p c rc+ 4 m �o r _ r v a m U� N°oe6�e c° �h /p, ;¢°. ale St } hebago St -- State Spur 40x7 L•eo•��;St - � Q 10Q Lipan St o� G Comanche St o I 5 ° o��i O 544 — V'� r -• State SPO' I —. Agnes-S t S _ _, z Corpus tate Hwy 44 a P,e ... Christi N Padre Is/. o. ¢ r\aca Buford St D Bay e(D/rywn�/ aMorgan Ave N CL L ° _ o j my U) `m NP_ = Ba es Rd — U Q mem —Bear Ln ` Tar/t°n St °oma < t a rm c� Qa ---J Horne Rd Joe Mrteo Bloomington St N S o y W Point Rd r 1 -1 lip Tro / �r 6rawa°rA a O\d Age of Housing a Year Built No Data carat ��y 1980 or before My o9aejpa 1981 to 2000 4a 2000 or after U° —Co Rd 26 Westside Boundary m� iiii Corpus Christi City Limits Or�s r Miles ocwo°d Source ACS US Census f O� Or Data collected April 2020 Co Rd 26 � WESTSQDE . �R- D E V E na9eRa \DECEMBER S , 2021.1sarato9a 49 FM 43 -0 ___. POPULATION / MEDIAN INCOME CHANGE POPULATION / MEDIAN INCOME CHANGE CITY DF CORPUS CHRISTI 50 DECEMBER 3 , 2020 Joe Fulton Corridor c yo 0 me Market St Navigation Blvd a w A Rite,.: o 100It Ave 181 >> 0 ..��neba90 St � . State Spur 40x7 Leopard Lipan St Comanche S t o oma State Spur 544 a Agnes St State Hwy 44 Corpus ° Christi a P,e N Padre Is/ ¢ \aca Buford St (n Bay a O saidMor•an Ave... 3 = Ba es Rd z N Q a Horne Rd 300 °mom U Joe Mtge BIE) rningW �o oy W Point R• Go mQ a 4 Population/Income Change otdBrOwnS�tteRd Population & H H Income IncreasinyRa Population Increasing &HH Income Decreasing (2) Population Decreasing &HH Saar Income Increasing (3) a -Population& HH Income 4 Decreasing (4) v° Co Rd 26 Westside Boundary m Corpus Christi City Limits �� a r O��s Miles Source ACS US Census i Data collected April 2020 Co Rd 26 . nage _._ W4 E S T S I D E -�-� DEVELUPMty , Rd QECEMBER 3 , 3 ! para/o9a 5� %a FM 43 *T�•Sy � � � N | � T | � � / K8 � � | 8 � | � � � K� � � A � � � � ' � ' � � " ' ' � '" ^ " � = ' " '" ' '" � � "' � � '' " '" � � POPULATION CHANGE PERCENT CENSUS TRACT 2010 2017 CHANGE CHANGE � Census Tract 63 2,756 : 2.473 : -2831}0 : -1196 � �------------�----------�----------�----------�.............................. � � Census Tract 64 2.276 : 2/915 : 639.00 : Z296 � �------------�----------�----------�----------�.............................. � � Census Tract 1T[U 6.246 : 6.449 : 203.00 : 396 � �------------�----------�----------�----------�.............................. � � Census Tract 8 4/956 : 3.804 : -1152.00 -3096 � �------------�----------�----------�..............................�.............................. � � Census Tract 6 7,336 : 6/993 : -3431}O : '596 : �------------�----------�----------�----------�.............................. � � Census Tract 7 4]85 : 5.391 : 1206.00 : Z296 � �------------�----------�----------�----------�.............................. � � Census Tract 35 2.276 : 2.220 '56.00 : -396 � �....................................�..................... ---�..............................�..............................�.............................. � � Census Tract 1T02 2]12 : 1.699 � 'zA3�00 : ��Pf6 � �------------�----------:----------�----------:----------� : Census Tract 54l)6 2.633 3/436 : 803.00 : 2396 � �....................................�.............................. :..............................�..............................�.............................. � � Census Tract 5 1.074 : 2.033 : 959.00 : 4796 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 9 3,772 4/489 : 777.00 : 1696 � �....................................�.............................. :..............................�..............................�.............................. � � Census Tract 10 3.097 : 4]49 : 1052.00 : 2596 � �------------�----------�----------�..............................:.............................. � � Census Tract 11 1/929 1.875 '54.00 : -396 � �....................................�..............................�..............................�..............................:.............................. � � Census Tract 15 4[229 : 4[288 : 59.00 : 196 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 13 3.849 : 4[323 : 474.00 : 1196 : �....................................�----------�----------�----------�----------� � Census Tract 16.[U � 4,760 : 4[646 : -114i00 : -296 : �....................................�..............................:..............................:..............................:.............................. � � Census Tract 16.0Z 4[097 : 3,795 : -302.00 : '8% � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 18.[U 5.516 : 6.348 : 832.00 : 1396 � �....................................�..............................:..............................�..............................�.............................. � � Census Tract 18.0Z 2.306 : 2,477 : 171.00 796 � ������������� .............................. CITY OF CORPUS CHRISTI 52 OECEN8ER 3 . 2O2O � � � N | � T | � � / K� � O | � � | � � � &� � � � 8 � � � ' � ' � � " ' ' � '" ' "' � ° ' " '" ' '" � � " � � "' " '" � � MEDIAN HOUSEHOLD INCOME CHANGE PERCENT CENSUS TRACT 2010 2017 CHANGE CHANGE �....................................�..............................�..............................�..............................�.............................. � � Census Tract 64 $13.532 $25.516 :: $11/984 : 4796 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract lT.}1 $34`821 : $35,785 : $964 : 396 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 8 $25,754 : $42.054 : $16.300 : 3996 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 6 $22.219 : $47/440 : $24.621 : 5296 : �------------�----------�----------�----------�.............................. � � Census Tract T $30.213 : $31.530 : $1.317 4% : �------------�----------�..............................�..............................�.............................. � � Census Tract 35 $37.333 $56.369 : $19,O36 : 34% : �------------�----------�----------�----------�.............................. � � Census Tract lT.}2 $/1/442 : $34`250 : '$7192 : -2196 : �....................................�..............................�..............................�..............................�.............................. � : Census Tract 54{}6 $61,761 : : $38]85 : 3896 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 5 $22.647 : $31.667 : $9.020 : 2B96 : �------------�----------�..............................�..............................�.............................. � � Census Tract 9 � $28,076 :: $319 : 196 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract l0 $21,783 $25.389 : $3.606 :: 14% : �....................................�..............................�..............................�..............................�.............................. � � Census Tract ll $13.542 :: $19,886 :: $6.344 : 3296 : �------------�----------�----------�..............................�.............................. � � Census Tract l5 $15.530 : $21.552 $6.022 : 2B96 : �------------�----------�----------�----------�.............................. � � Census Tract l3 $29,321 :: $26.680 : -$2,641 : -1096 : �------------�----------�----------�..............................�.............................. � � Census Tract l6lD $26.389 : $31/938 $5.549 : lT96 : �------------�----------�----------�----------�.............................. � � Census Tract l6.}2 $33.061 :: $33.219 : $158096 � �....................................�..............................�..............................�..............................�.............................. � � Census Tract l8lD $22,753 : $38.878 : $16]25 4196 : �....................................�..............................�..............................�..............................�.............................. � � Census Tract 18.02 $39,611 :: $51,218 :: $11.607 23% :: ����������������������� ..............................:.............................. ............................... WE3T3 | OE AREA OEYELOPNENT PLAN OECEN8ER 3 . 2O2O �� PROPERTY VALUES PROPERTY VALUES DEFINITIONS DF VALUES Appraised Value - The appraised value is generally the market value of a property with certain exceptions based on generally excepted appraisal methods. Market Value - The price at which a property would transfer for cash or its equivalent under prevailing market conditions if exposed for sale in the open market with a reasonable time, both parties know of all possible uses and defects with the property and neither party is in a position to take advantage of the exigencies of the other. Assessed Value - The amount determined by multiplying the appraised value by the applicable assessment ratio. Taxable Value - The amount determined by deducting from assessed value the amount of any applicable partial exemption. --------------------------------------------------------------------------------------------------------------------------------------------------------------------- P 1 VALUE l iL UNITS MARKET VALUE* ASSESSED i TAXABLE VALUE* ---------------------------------------------------------------------------------------------------------------------------------------------------- $10 or Less 3,782: $573,201,790 : $563,423,755 : $573,201,790 : :..............................:...............................:.................................:.................................:.................................: $10 - $25 14,744: $1,740,881,122 : $1,662,529,914 $1,677,502,812 ..............................:.......................... .....:.................................:.................................:.................................: $25 - $50 57: $218,068,143 : $218,025,081 : $218,068,143 :: :..............................:...............................:.................................:.................................:.................................: : $50 - $100 305: $213,573,384 : $212,121,912 : $213,573,384 ..............................:.......................... .....:.................................:.................................:.................................: :: $100 - $500 73: $72,246,798 : $72,184,694 : $72,246,798 :: :..............................:...............................:.................................:.................................:.................................: $500 or Greater 5 $3,833,093 : $3,833,093 : $3,833,093 ....................................................................................................................................................................: Total : 18,966: $2,821,804,330 : $2,732,118,449 : $2,758,426,020 : ...............................:.................................................................:.................................:.................................. *2019 property values CITY OF CORPUS CHRISTI 54 DECEMBER 3 , 2020 w� •q �a�pv477 1�} � o a a Corpus qChristi � Bay mapoaxa 0 0 t 0 � 8 �m w, a, w" Property Values Value per Sq Ft $10 sf or less Q $10-$25 sf $25-$50 sf $50-$100 sf 8 $100-$500 sf c $500 sf or greater Westside Boundary Corpus Christi City Limits N —. Miles Source:City of Corpus Christi Data collected May 2020 J LL. AULk @�55 8e � ti � � � | O � � T | � | � � O � � K� K� � � � | � | � � � K� | T � RESI ° � '" ' ' " � AND° � � "' "' � '` � ' " � ' � '` "' ' ' " RES 10 ENTIAL AN 0 C 0 M ME RC 1AL P E R M I T S ----------------------------------------------------------------------------------------------------------------------------------------------------------------- PERMIT TYPE 2015 2016 2017 2018 2019 � Residential Permits � 49 � �H � 11� � 88 � 131 � � � � � � � � ----------------------------------------------------' New � 37 � 18 � 53 � 18 � 77 �� � � � � � � ----------------------------------------------------' � R�nl0d�| � 0 � 73 � 63 � 7O � 54 � � � � � � � � ----------------------------------------------------' � � � � � � � ----------------------------------------------------' � C0[�[��r[i8| P�[[0it5 � � � 56 � ED � �5 � 1OZ � � � � � � � � ----------------------------------------------------' New � � � 22 � �7 � 18 � 39 �� � � � � � � ----------------------------------------------------' � Remodel0 � � � � � ----------------------------------------------------' � Addition � 10 � � � � ----- -----------------------------------------' � � � � �----'�N�N�N�N�N��-----------------------------------------� � �Tmt�| � �� � 14� � 1�� � 1�� � 2�� � � � � � � � ----------------------------------------------------' *The report includes permits with estimated construction value 0f $3.5000[ greater. C | TY OF CORPUS CHR | 3T | �� O E C E M 8 E R 3 . 2 0 2 0 Joe Fultoncorridor o it Market St Q,J L H i i A L A N D I�tl u�a G,� a --� '—'-~-- -Navigation Blvd Zg Qort A e 181 N 501 � UoF WIN A, /V _4_0 c° �ih m QU° ale St k hebago 1i� r f 1 e S Stv S/ CeO'0ardoSt ' ■ L I �'Qa State-SpuA Leopard St 'Ligan St C-ornanc�he Oma , State Sp4 ' Agnes-St a State Hwy 44 z _ Corpus Christi N Padre Is/ Q dP � Buford-St 88y a W /�ywn .a Morgan Ave m— a 4M ejkr N v �. 0 0 � L` = o Bates-Rd �o t r-_nO� u Horne-Rd}� a _ LJAoe m � � o Joe Mireu� Bloomington St O� 0 o y W-Polnt,Rd GO//ihar �Q �•`"► . r raw �`• Residential and Od wo5titteRa Commercial gro • ti°iyR ,1 Permits a j 2015-2019 Residential(New) 2015-2019 Residential(Remodel) 2015-2019 Residential(Add) saga / 2015-2019 Commercial(New) a °9aeia 2015-2019 Commercial(Remodel) 4 2015-2019 Commercial(Add) 0 Co Rd 26 Westside Boundary •. ' (.�r' Corpus Christi City Limits <y 1 Miles `,cw°Odor Source: City of Corpus Christi Co Rd 26 Data collected June 2020 iji vV E `•—.�.w.r,� Sara/O D E sa � FM 43 -o •�� PLANNED PINVESTMENTS CITY OF CORPUS CHRISTI DECEMBER58 3 , 2 0 2 0 _ Bay r" mrE-3 n q aG4W& M1 tq a 8 Corpus qty anw@l a Christi Bay S Gkmw 011 111040 - � � c CIP Projects Project Type Health and Safety Improvements Parks and Trails Street Improvements ....,o Utility/Infrastructure Improvements Westside Boundary Corpus Christi City Limits Miles i Source: City of Corpus Christi f Data collected May 26,2020 1 ► j a ! ._. r:_......., Tr ' .,, ,... FVE10PMENT PLAN EMBER 3 , 2020 59 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- LENGTH OF ESTIMATED # DESCRIPTION PROJECT FUNDING SOURCE YEAR START (FEET) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- P1 Greenwood Senior Center G.O. Bond 2018 202012020 P2 Joe Garza Recreation Center G.O. Bond 2018 202012020 ........................................................................ ................ P3 Oak Park Recreation Center G.O. Bond 2018 202012020 ........................................................................ ................ P4 Greenwood Sports Center G.O. Bond 2018 202012021 ........................................................................ ................ P5 Greenwood Senior Center PH 2 Future Bond Election 202112021 ........................................................................ ................ P6 Zavala Senior Center Future Bond Election 202112021 ........................................................................ ................ P7 J.Garza Recreation Ctr PH 2 Future Bond Election 202112021 ........................................................................ ................ P8 Greenwood Sports Complex PH 2 Future Bond Election 202112021 ........................................................................ ................ P9 Golf Courses Improvements ---- : None 2024/2029 ........................................................................ ................ H1 Public Health Building Improvements G.O. Bond 2018 202012021 ........................................................................ ................ H2 Fire HQ- Frost Bank bldg -Elevator Rehab G.O. Bond 2018 2019/2020 ........................................................................ ................ H3 Fire Headquarters &EOC G.O. Bond 2018 2019/2021 ........................................................................ H4 Fire St.1 Roof Replacement G.O. Bond 2018 2019/2020 ........................................................................ ................ H5 Fire St.1 Improvements & upgrades G.O. Bond 2018 2020 ........................................................................ ................ H6 Fire St.1 Emergency Generator G.O. Bond 2018 2019/2020 ........................................................................ Fire St.9 Emergency Generator /HVAC H7 G.O. Bond 2018 2019/2020 upgrades H8 Driveway and Apparatus Bay 8,9,10,12 G.O. Bond 2018 2019/2020 H9 Fire St.10 Roof Rehab & Engine Bay G.O. Bond 2018 2019/2020 ........................................................................ ................ H10 Driveway and Apparatus Bay 8,9,10,12 G.O. Bond 2018 2019/2020 ........................................................................ ................ H11 Fire Station #10 Demo and Replacement ---- : None 2022/2023 ........................................................................:********************:****************************************:************************: : H12 Fire Department Warehouse G.O. Bond Prior and 2019/2020 G.O. Bond 2018 ........................................................................ Fire Dpt Warehouse ADA Bathroom H13 ---- : None 2022/2023 Improvements 443 :3 S1 , Leopard St (Crosstown Expressway to G.O. Bond 2012 and 2018/2019 Palm DO Revenue Bonds Bond 2014 andS2 Flato Road (Agnes St to Bates Rd) 5,175 G.O. 2018/2019 Revenue Bonds ........................................................................:********************:****************************************:************************: G.O. Bond 2012, 2014 S3 Holly Road (Ctwn Freeway to Greenwood) 4,063 and prior, Revenue 2018/2020 Bonds, and TxDOT .......................................................................................................................................................................... CITY DF CORPUS CHRISTI 00 DECEMBER 3 , 2 0 2 0 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START S4 Frio St /Hacala St/ Dorado St Corridor 3,000 G.O. Bond 2018 and 2019/2020 prior, Revenue Bonds :........:........................................................................:.............................................................:........................: S5 Leopard St (Palm Dr to Nueces Bay Blvd) 2,132 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S6 Gollihar Rd (Crosstown Expwy to 4,068 : G.O. Bond 2018 and 2019/2020 Greenwood) : prior, Revenue Bonds :........:........................................................................:.............................................................:........................: S7 Castenon St (Trojan Dr to Delgado St) 1,731 G.O. Bond 2018 & Prior, 2019/2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S8 Junior Beck Dr (Bear Ln to Dead End) 3,332 G.O. Bond 2018 & Prior, 2019/2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S9 Delgado St (Castenon to Salazar) 957 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S10 Dryer Circle (Riverton to Langton Ave) 351 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S11 Golden Gate Circle (Old Brownsville to 904 : G.O. Bond 2018, 2020 Dead End) : Revenue Bonds :........:........................................................................:....................:........................................:........................: S12 Green Lane Dr (Green Tree to Dead End) 213 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S13 Geen Leaf Dr (Green Tree to Dead End) 303 G.O. Bond 2018, 2020 : Revenue Bonds :........:........................................................................:....................:........................................:........................: S14 Green Park Dr (Green Point to Green 889 : G.O. Bond 2018, 2020 Gate) : Revenue Bonds :........:........................................................................:....................:........................................:........................: 17th St (Crosstown Expressway to : Residential Street S15 : 565 : (Property Tax), Revenue : 2020 Marguerite) : Bonds :........:........................................................................:....................:........................................:........................: Residential Street S16 San Saba Dr (Concho to Comal) 654 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S17 Shawnee St (Chippewa St to Lou St) 1324 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S18 Bartlett Dr (Wilson to Saxet S) 1286 : (Property Tax), Revenue : 2020 Bonds :........:................................................................................................................................................................ W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 61 PLANNED PUBLIC INVESTMENTS ------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START Residential Street S19 MacArthur St (Nimitz to Presa) 2157 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S20 Barrera Dr (Bloomington to Villareal ) 2742 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S21 EI Monte St (Pamona to Victor L Ortego) 1119 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S22 : Harvard St (Prescott to Vitemb) 620 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: Residential Street S23 Green Acre Dr (Green Tree to Dead End) 195 : (Property Tax), Revenue : 2020 Bonds :........:........................................................................:....................:........................................:........................: S24 Poth Lane Sidewalk Improvements Phase 1434 : Grant - Other, Storm 2019 :1 : Water - Streets :........:........................................................................:....................:........................................:........................: S25 Zoth Lane Sidewalk Improvements Phase 1084 : Bonds Other, Revenue 2019 :........:........................................................................:....................:........................................:........................: S26 Laredo St 2472 : None 2022/2023 :.................................................................................:....................:........................................:........................: S27 : Agnes Street (19th-McBride) 15,922 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S28 : Leopard Street (McBride) 1,6931 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S29 Port Avenue (Ruth- Leopard St) 5,427 : None 2022/2023 :........:........................................................................:....................:........................................:........................: S30 Old Brownsville Road (Saratoga Blvd) 21,410 : None 2022/2023 :........:........................................................................:....................:........................................:........................: U1 Certification of Solid Waste Technical Support 2018/2021 : Obligation :........:........................................................................:....................:........................................:........................: U2 Cefe' Valenzuela Landfill Liquids Mgmt Certification of 2018/2020 System : Obligation :.................................................................................:....................:........................................:........................: U3 Cefe' Valenzuela Landfill Disposal Cells Certification of 2018/2020 Cover : Obligation :........:........................................................................:....................:........................................:........................: U4 Cefe Valenzuela Gas Collection & Control Certification of 2018/2021 System : Obligation :.................................................................................:....................:........................................:........................: U5 Valenzuela Landfill 3C Disposal Cell Certification of 2018/2020 Development : Obligation ........:................................................................................................................................................................ CITY OF CORPUS CHRISTI 62 DECEMBER 3 , 2020 PLANNED PUBLIC INVESTMENTS -------------------------------------------------------------------------------------------------------------------------------------------------------------------------OF ESTIMATED DESCRIPTION iJECT FUNDING SOURCE YEAR START U6 Solid Waste Drainage Lifecycle : Certification of 2020/2020 Improvement : Obligation :........:.........................................................................:....................:........................................:........................: U7 Cefe F. Valenzuela Landfill Road Certification of 2020/2022 Improvements : Obligation :........:.........................................................................:....................:........................................:........................ : U8 Erosion Control Lifecycle Improvements : Certification of 2020/2020 : Obligation :........:.........................................................................:....................:........................................:........................ : U9 Valenzuela Landfill Sector 2C Cell Certification of 2020/2021 Development : Obligation :........:.........................................................................:....................:........................................:........................ : U1O : Greenwood WWTP Electrical PAYGO, Revenue Bonds 2018/2021 Improvements-UV Sym :........:.........................................................................:....................:........................................:........................: U11 : Old Broadway Wastewater Plant PAYGO, Revenue Bonds 2018/2021 Decommission :........:.........................................................................:....................:........................................:........................: U12 McBride Lift Station &Force Main PAYGO, Revenue Bonds 2018/2020 Improvements :........:.........................................................................:....................:........................................:........................: U13 Greenwood Headworks & Grit Removal : Revenue Bonds 2018/2021 Rehabilitation :........:.........................................................................:....................:........................................:........................: U14 Greenwood WWTP Process Upgrade : PAYGO, Revenue Bonds 2018/2022 :..................................................................................:....................:.................................................................: U15 Greenwood WWTP Flood Mitigation : PAYGO, Revenue Bonds 2019/2022 :........:.........................................................................:....................:........................................:........................: U16 Greenwood WWTP Process Upgrade (DAF : None 2022/2023 and Odor Control) :........:.........................................................................:....................:........................................:........................: U17 Greenwood Flow Diversion to New 16,931 PAYGO, Revenue Bonds 2019/2022 Broadway WWTP ........................................................................................................................................................................... W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 G3 CRIME MAP ( 2015 - 2020 ) CRIME MAP ( 2015 - 2020 ) ------------------------------------------------------------------------------------------------------------------------------------------------------------ : CATEGORY 2015 20IG 2017 2018 2019 2020 ----------------------------------------------------------------------------------------------------------------------------------------------------------- : AGGRAVATED ASSAULT 354 : 381 : 438 : 442 : 433 : 67 : ARSON 27 : 21 : 25 : 35 : 29 : 7 : ........................................ ..................: .................. .................. ................... : BURGLARY 513 : 560 : 557 : 482 : 488 : 68 : .. . .. . .... HOMICIDE 5 : 12 : 6 : 9 : 14 : 1 ........................................ ..................: .................. .................. ................... : LARCENY 1,674 : 1,761 : 1,710 : 1,715 : 1,509 : 257 : ........................................ .................. .................. .................. ................... MOTOR VEHICLE THEFT 126 : 178 : 190 : 198 : 194 : 32 : .... . . .. ...... . . .... . OTHER CATEGORY 7,476 : 8,191 : 7,630 : 6,890 : 7,093 : 1,049 : ........................................ ..................: .................. .................. ................... : ROBBERY 114 : 132 : 148 : 128 : 168 : 27 : ........ .... ........ . ... SEXUAL ASSAULT 104 : 97 : 98 : 117 : 106 : 18 : ........................................ ..................: .............................---------:.................:..................:......... ...............�........ ..................:******************:******************:******************:******************:................... Total 10,393 :: 11,333 :: 10,802 :: 10,016 :: 10,034 :: 1,526 :: ............................................................................................................................................................ *Data as of February 2020 CITY OF CORPUS CHRISTI G4 DECEMBER 3 , 2 0 2 0 ..-.. _ .• -.. y Joe_Fulton-Corn or c y m i Navigation Blvd VII���II v Up�RivenRd o K a� N Port Ave 3 3 Z a 37 c m_ -Stae-�Spur407 R Leopard•gt.=' 1 Anteloipr pe t i Lipao St � O �,e Comanche St v L � Oma State SP Ur N �> • • us Christi < N e N Padre Is/a' o. `apaPJ B ford StBay Morga_nAve o ° Corpus Christi m _ ■ I � "a� �`� `� � ��,` International i Bates Rd o l Airport a �. I���� pIIIDII �� p'�I Bear L•n ar/tOnst ,�O` i Horne d 3p r iV O � a Joe MireU� B oomingtOn S�t w W Point.Rd GO///harR =mQ q )j0 Or ♦erawn a �a �svi\\e tz Y,Q • Sa�atO � - ,y 9a%q • - - �a � 0 n Co Rd 26 - aD� o° Co Rd 26 Cabaniss Field �- - "• "• � � °O o• M a aa � PUBLIC INPUT : CRIME A N 0 SAFETY CONCERNS PUBLIC INPUT : CRIME AND SAFETY CONCERNS The map shows the location of crime and safety concerns as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to crime and safety. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI GG DECEMBER 3 , 2020 MOM� ,•r PUDLIC INPUT CRIME AND S ._._...�• �F ! •i l a Corpus ® Christi CAROB - a Bay 0 0 @Wm � g O General Safety Responses ® • General Safety General Safety, (Good) 0 General Safety, (Bad) Westside Boundary 8 Corpus Christi City Limits e � Miles i Source: Metroquest Data collected February 2020 ECCPMENT E" ' e ,� EMBED 3 , fi7 '3 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI GH DECEMBER 3 , 2020 ENVIRONMENTAL CONDITIONS W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 PRELIMINARY FIRM PRELIMINARY FIRM FEMA FLOOD ZONE DESIGNATIONS Velocity Zone Areas along coasts subject to a 1% or greater annual chance of flooding in any given year that include additional hazards associated with velocity wave action. 1% Annual Chance (100 Year) Areas subject to a 1% or greater annual chance of flooding in any given year. 0.2% Annual Chance (500 year) Areas subject to a 0.2% or greater annual chance of flooding in any given year. Minimal Flood Hazard Areas of minimal flood hazard from the principal source of flood in the area and determined to be outside the 1% and 0.2% annual chance floodplain. DESIGNATION Velocity Zone 0 0% 0 PERCENTAGE ...........:.........................................:....................... .........:................................:................................ : 1% Annual Chance 2,861 : 22% : 4,361 ...........:......................................... ................................:................................:................................: 0.2% Annual Chance 671 : 5% : 551 :... t.........................................:................................:................................: ............................. Minimal Flood Hazard 9,430 : 73% :.............. ......................o.. ................................: Total 12,962 : 100% 4,912 .......................................................................................................................................................... CITY OF CORPUS CHRISTI 70 DECEMBER 3 , 2020 .. open=alp 181 r � • � t a Corpus a Christi Bay Mao S Q 1@l 8 8 S c Flood Prone Areas ..kv? FEMA Flood Zone Velocity Zone 1%Annual Chance 0.2%Annual Chance �8 Open Water Westside Boundary Corpus Christi City Limits Miles Source: City of Corpus Christi r ( c Data collected February 2020 AWE=STSIDE 'R- DEVE10PMENT P-LA E C E M B E R 3 . '2D2D 71 (�ii1�33 PUBLIC INPUT : UTILITIES AND FLOODING The map shows the location of utility and flooding concerns as identified by the public input received through the online survey. Each marker on the map represents the location of a good example or an issue related to utilities or flooding. For details regarding the comments related to each data point, see the Online Survey Summary (February3, 2020). CITY OF CORPUS CHRISTI 72 DECEMBER 3 , 2020 Nara � �■� �--____-�r ',-"moi .... ...... .... y •t ds � r� �"'°•. � 9 .. � � ���� 181 Corpus q, 9 Christi ® Bay 8 8 ® .QO ' r1' ® Utilities, Flood Responses O Utilities, Flood OUtilites, Flood, (Good) OUtilites, Flood, (Bad) (�3 8 g � Westside Boundary f Corpus Christi City Limits rcap �+ Miles ��� ► Source: Metroquest Data collected February 2020 r c , r I D F 73 M THIS PAGE INTENTIONALLY LEFT BLANK CITY OF CORPUS CHRISTI 74 DECEMBER 3 , 2020 PUBLIC INPUT : LAND USE W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 � � | � T | � � | 8N � N � � � � . � . . .. � � � .. � � � � EXISTING LAND USE � � Agriculture 2,751.9 2196 � �—�----------------------------------��................. ........................ � � � Estate Residential 20.2 : 096 � �—�----------------------------------��-----��--------� � � L0w'Den5ityRe5identia| 2.019/41696 � �—�----------------------------------�-----��--------� � � K4ediunl'Den5itvRe5id9ntia| 230.8296 � --------��-------------------------'�................. ........................ � High'DensityResidentia| 6.9 <196 � r~�----------------------------------. ................. ........................ � � � K4anufB[tu[edH0u5xlg 83.6 : 196 � -----------'�----------------------�-----��--------� Park 4507 : 396 � ----------------------------------. -----.. ........................ � ��� Pub|ic/Senni'Pub|ic � 1.�89f) � 1096 � ���----------------------------------��-----��--------� � � Professional Office 607 : <196 � ----------------------------------��-----.. ........................ � Commercial 731] 6% � r~�----------------------------------. ................. ........................ � � � Light Industrial 1]56.5996 � �—�—��--------------------------------��................. ........................ � � � Heavy |nduSt[ia| 439.4 : 396 � �—�---'-------------------------------�-----.. ........................ � � � DrainageC0[[id0[ 185.6196 � �—�----------------------------------��................. ........................ � � � Right'0fVVay 2'043.81696 � �—�----------------------------------��................. ........................ � � � Railroad Right-of-Way 437 : <196 � �—�----------------------------------��-----.. ........................ � � � Vacant 1'44271196 � �—�----------------------------------��................. ........................ � � � VV8te[ 5.3 (196 � .............................................. ............:. �-----------------------------------'.-----��--------� � Total :: 12,962.3 : 100% � ..........................................................................................................'��������......................... CITY OF CORPUS CHRISTI 7G OECEM8ER 3 . 2O2O G'�fl3 w j y♦.4w1 : p Corpus Christi alb .,�;`� �� • 8 Bay �a.• '4�s'`a� 4Y "� r � r a 16 \► •?s Existing Land Use p I' Vii'lipw �' Existing Land Use (2019) mpmmi_ + w►t Agricultural N Water ��► �. D Drainage Corridor ` Railroad Right-of-Way '•� .a _ ti I ' +� � Vacant Estate Residential I Low Density Residential Medium Density Residential fes, High Density Residential Manufactured Home �✓ Park . " Public/Semi-Public v ! Professional Office Commercial e + Light Industrial CGIm ■ / Heavy Industrial Westside Boundary ej) Corpus Christi City Limits ,rr Miles _, — f Source: City of Corpus Christi WE; T S I D E•-.,A R a _NEG_ 3 , 2D2 77 �. � NAO | V | � | � � / � | � TT | � � � � � � . , . � . � .. ' . � � . . . .. � S U 0 0 1 V I S 10 N / P L A T T I N G DECADE ACRES � Prior tol940 1/953 : �------------' ------------'� : 1940's 1]74 : �------------' ------------'� : 1950's 610 : �------------' ------------'� : 1960's 2.099 : �------------' ------------'� � 1970's 653 : �------------' ------------'� : 1980's 476 : �------------' ------------'� : 1990's 225 � �------------' ------------'� � ZOOO/s 525 : �------------' ------------'� � ZCOO's 408 : �------------' ------------'� � ZOZO's 66 : �------------' ------------'� no data Z.ZZ8 � �--------'. � � � ���—� ------------'� � �N�. � �--------- —��------------'� � TmtaU10,418 : �....................................'.....................................'� C | TY OF CORPUS CHR | 3T | 78 OECEM8ER 3 . 2O2O Joe FuNon Corridor r7 c 0 m" mJ Market St a ig 'o v mm�m Up�Rf�en � 37 d m .tea 3 D La � r I� INSo I- `er I�1III°S S/ v r agO �• Opard�St Imo+ Ra' J■U ppte\ope 37 State?Spur40Z — - Le p rd Sty gt �h , O e Comanche St ro o s oo JON&Me SSpur 544 N state 4q - z � I'— � � ■,l�k� I m Iltl r wm N Padre Is/ o- � M `na Buford St Corpus Christi a i a x _ .mac ti A International Bates Rd oCL Airport z z y BearlLn k�ri aMto Horne Rd 30° � V Jce M're�c Bloomington St �� g w Point Rd GO///harRq mQ T�'pJeh Or • • • • d •�1 svi\\e� • 1 O\d BtoW y°iiyRq •.1 • 1 ••1 �h Sarat°gaey ■■■R 111 CV° 1 1 Co Rd 26 n _ LL 0 ap' _ Co Rd 26 �' • • • • 1 1 Cabaniss Field ea ��� CQ4 Rq Sepet oye%q � FM 4 ,o a o V � O1 � � NTN � � | � � O N � � � � . � . � . � ° � � � .. � � � � 2016 FUTURE LAND USE ------------------------------------------------------------------------------------------------------------------------- Agriculture/Rural Enterprise 98.3 : 1% � � Mixed-Use 144.2 196 � -------------------------------------. ................. ........................ � Commercial 1]581} 996 � -------------------------------------. ................. ........................ � Government 1]59.6996 � -------------------------------------. -----.. --------� Institutional � 116.8 � 196 � -------------------------------------. -----.. --------� I.H.e.a.v.y..I.n.d.us.t.r.i.a.1 46[l84Y� � � ---------------------------' -----�. --------� � Light Industrial 2]61f) 1796 � �—�-------------------------------------��-----��--------� � Low-Density Residential 214i2296 � �—�------''------------------------------��-----��--------� � � K4ediunl'Den5itvRe5identia| 4[349.5 : 34% � ---------�----------------------------�-----��--------� High-Density Residential 252.0 : 296 � '..----'.------------------------------ -----.. ........................ � � Transportation 2,084.8 : 1696 � �—�---��---------------------------------'�-----.. ........................ � � � Permanent Open Space 624.5 : 596 � -------'�-----------------------------�-----.. ........................ � �� F|00d Plain Conservation � 110.0 : 196 � �«�-------------------------------------. -----.. ........................ � � � Water 5.5 : /196 � �—�-------------------------------------��-----��--------� � � Vacant 22.4 : <196 : �—�----------- --' ' � � � �------------� --' ' � Total :: 12,962.3 : 100.0% : ...................................................................................................................':..........................................� CITY OF CORPUS CHRISTI so OECEN8ER 3 . 2O2O •w µms. ....�� ,�r , 2016 FUTUE SID U/Z E ``"• g �� 8 �•� ply %Ron NO Z I Mimi 1 -,,�,,.r-...►��c..�_,�'� n_..fir. -�,1 .. �i/ i-33 ZIP Anale MINE Corpus Christi 8 Bay ILL "rte: ,► �► 2016 Future Land Use Agriculture/Rural Enterprise UIR3G �F _�;y, ■sem Mixed Use ME Commercial � ME Government A*1 ,_ M§Institutional ME Heavy Industrial _ ` Light Industrial Low-Density Residential Medium-Density Residential High-Density Residential f�%rte ` Gj! Transportation Permanent Open Space Flood Plain Conservation Water / Westside Boundary Corpus Christi City Limits Note: { / Acomprehensive plan shall not << ` constitute zoning regulations or 'fest establish zoning district boundaries Miles R Source: City of Corpus Christi r ' --• -'-""� WESTSID�' -A,R, A DEVELOPMENT PLAN 8 DECEMBER 3 , 2020 81. APPROVED ZONING CASES ( 2015 - 2020 ) APPROVED ZONING CASES ( 2 0 15 - 2 0 2 0 ) CITY DF CORPUS CHRISTI 82 DECEMBER 3 , 2020 ueraitonCornute r� Market St APPROV EO ZONING E S E 71 T•,.µ fl-igat,n Blvo y €1 t 1215-04 � R;E�Ra 0515-04 �•, 0517-03 QortAve �•'' , 0815-05 0915-08 1818, 1018-05 0416-03 �p 0615-06 s 0419-01 �--� f Ra t State Spur 407 L•eopard.St + 0418-02 'Lipa,St MMMMMMMMMMMMy�05 C-omanche-Sti 0116-02 00 0615-04 0815-04 State SP,544 Agnes St o o- State Hwy 44";: 0719-04 i_l_ Q 0718-01 Corpus 0415-06 s. W y oa �' Christi �P,e 0216-02 D Bay II0519-03 Morgan Ave 0615-02 '� eaidw� 1119-05 s gg 0517-01 s Rd r , m Bate 1 Q `a 1017-03 Bear Ln fo 0517-02 ' 0120-03 0816-01 ; a< 0119-01 Horne-Rd�300 0m�� c m Jia I Joe M`�0 0120-01 0616-02 _ 0116-01 a -6 0317-01 U � y 0715-04 W-Point`Rd °iharRd �mQ «,« 0319-01 °r 1219-02 eraw BownsN\\eRa r Zoning Cases in 0`d tio„ the past 5 years 0818-01 Year of Case D 2015 sa afo 1118-02 S°ko;, 2016 9a 6;�d 2017 2018 oa 0717-02 ' 2019 co izd 26 D 2020 a Westside Boundary Zcm rT� Corpus Christi City Limits ntTt`^ 0< h'ii i Miles Source: City of Corpus Christi Co Rd 26 � May 2020 r , i WESTSIDE AREA DEVELDPMENT PLAN sara�o I - �, EDEMDE �2 ?' _ D [� '? LI �aeiidg3 FM 43 �« ti 8 � � � � V � � � � � | � � � � � � � � � � 1q - � � � � � " ' ' '^ � " � = � � '" ' '" � � " � � � v � � ' � � � � � ^ ZONING DISTRICT DEFINITIONS ZONING DISTRICT DEFINITIONS � FR F�[nl Rural � � C�'2 ��n�r�| C0nlnl�r[i�| � � � � � --------------------------' --------------------------' � RE Estate � � Cl |nt�n5iv� C0nlnl�r[i�| � � � � � --------------------------' --------------------------' � RS'6Single-Family 6 BP Business Park � --------------------------' --------------------------' � RS'4i5 Single-Family 4i5 CC C0nlnle[[ia| Compatible � --------------------------' --------------------------' � RS-TF 7lw0'F3nli|y |C Industrial Compatible � --------------------------' --------------------------' � RM-1 Multifamily |L Light Industrial � --------------------------' --------------------------' � RM-3 Multifamily 3 |H Heavy Industrial � --------------------------' --------------------------' � CN-1Neighborhood Commercial RVRecreational Vehicle Park � --------------------------' --------------------------' � ON Office SP Special Permit � --------------------------' --------------------------' � CG-1 General C0nlnle[[ia| (Limited) � --------------------------' DATE APPROVED CASE NUMBER ZONING CHANGE 5/26/2015 0415-06 IL to IL/SP �......................................�......................................�............................................................................ � � 6/23/2015 0515'04 RS'6t0 ON � .......................................�......................................�............................................................................ � � 7y�1/2[U5 � 06J5'QZ � |L t0 |L/SP � � � � � �------------'�------------'�............................................................................ � � 7y�1/2[U5 � 06J5'06 � RS-6 RK4� � � � � � �------------'�------------'�............................................................................ � � R/ 8/�[U5 � 06J5'04 Cl� 0C|/SP � � � � � �------------'�------------'�............................................................................ � � g/R/7[U5 � 0715'04 � ���� t0 |L � � � � � �------------'�------------'�............................................................................ � : 10/�0/�[U5 � 0ED5'05 � |L t0 |L/SP � � � � � �------------'�------------'�............................................................................ � : lO/77y7[U5 � 0ED5'04 � RK4H t0 RV � � � � � �------------'�------------'�............................................................................ � : ll�7Y�[U5 � 0915'08 � FR t0 |H � � � � � �------------'�------------'�............................................................................ � : l�9/�[U6 : 1��5'04 IH � � � � � �------------'�------------'�............................................................................ � � 2/ 6/2[U6 � [U16'[U � |Lt0C��� � � � � � �------------'�------------'�............................................................................ � � 2/ 6/2[U6 � [U16'02 � |H t0 RS-4.5 � � � � � �------------'�------------'�............................................................................ � � 4/ 9/�[U6 � 0�16'0� CN-1 � � � � � �------------'�------------'�............................................................................ � � 5/24/2016 0416'03 RS'6. ON, & RK4-1 to |L � .......................................�......................................�............................................................................ � � ��9/�[U6 � 06J6'0Z � CN-1 t0 C��� � � � � � �------------'�------------'�............................................................................ � � A/77Y7[U6 � 0ED6'[U � RS-6 CN� � � � � � -------------------------- ............................................................................ C | TY OF CORPUS CHR | 3T | 84 O E C E M 8 E R 3 . 2 0 2 0 A� � � � � V � O 7 � NU � � � 8 � � � � � � 1 � - � � � � � . .. � , � ° � � .. . .. � � " � � � v � � . � � � � � v DATE APPROVED CASE NUMBER ZONING CHANGE � 4/ 8/�[U7 � 0317'CU � IL C��� � � � � � �------------'�------------'�-------------------------�� � 6/ 8/�[U7 � 05J7�03 � C�� t0 |H � � � � � �------------'�------------'�-------------------------�� � ��1/ZCUT � 05J7�[U � C��� � RM-3 t0 |L � C��2 � � � � � �------------'�------------'�-------------------------�� : ��l/2[U7 � 05J7�02 � RM-3 t0 C��Z � � � � � �------------'�------------'�-------------------------�� � 9/26/2017 0717-02 RS'6t0 |L � .------------'�------------'�-------------------------�� : lZ��/Z[U7 : 1[U7�O3 CN-1 � � � � � �------------'�------------'�-------------------------�� � 6/26/2018 0418'02 CG-2t0 |L/SP � .------------'�------------'�-------------------------�� � 8/�1/Z[U8 � 0718'[U � RS-6 RK4� � � � � � �------------'�------------'�-------------------------�� � � g/ 1/2[U8 1117�[U � |L t0 |L/SP � � � � � �------------'�------------'�-------------------------�� � 9/�5/�[U8 � 0ED8'CU � RS-6 {)N � � � � � �------------'�------------'�-------------------------�� � : 1/��/2[U9 1[U8'05 IH � � � � � �------------'�------------'�-------------------------�� : 2/ 9/2019 : 1118'02 RS'6t0CN-1. ON, & CC � �------------'�------------'�-------------------------�� : 2/ 9/2[U9 � [U19'[U � |Lt0C��� � � � � � �------------'�------------'�-------------------------�� � 4/ 6/2[U9 � 0319'[U � FR � RS'6t0 |C � |L � � � � � �------------'�------------'�-------------------------�� � 5/�1/Z[U9 � 0419'0� OCL � � � � � �------------'�------------'�-------------------------�� � 6/ 1/2[U9 � 0419'CU � C��� t0C���/SP � � � � � �------------'�------------'�-------------------------�� : 7y30/�[U9 � 05J9'03 � CN-1 t0 RS-6 � � � � � �------------'�------------'�-------------------------�� � g/ 0/�[U9 � 0719'[U � C��� t0 |L/SP � � � � � �------------'�------------'�-------------------------�� � g/ 0/�[U9 � 0719'04 IL � � � � � �------------'�------------'�-------------------------�� : lZ�0/�[U9 : 1[U9'08 � RS-4.5 and CN� � � � � � �------------'�------------'�-------------------------�� : 1��/2020 : 1[U9'O7 � |L/HC t0 |L Denied � � � � � �------------'�------------'�-------------------------�� : 1��/2020 : 1119'05 � RS-6 RS-TF � � � � � �------------'�------------'�-------------------------�� : � 2/ 1/2020 1[U9'[U � RS-6 Cl � � � � � �------------'�------------'�-------------------------�� : �/ 8/�0�0 1��9'0� � RS'6t0RK4� � � �� � � �------------'�------------'�-------------------------�� : ��7y�QZ0 � [U�0'[U � RS'6t0CN� � � � � � �------------'�------------'�-------------------------�� : ��7y�020 � CU�0'03 IL � � � � � �------------'�------------'�-------------------------�� : 3/31/Z020 � 0��0'CU � RK4-3 �nd ���� t0 |L � � � � � ---------------------------------------------------- WE3T3 | OE AREA OEYELOPNENT PLAN OECEN8ER 3 . 2O2O �� LANDFILL LOCATIONS LANDFILL LOCATIONS CITY OF CORPUS CHRISTI 8G DECEMBER 3 , 2020 wet-ultoriCornou c i Market St r� �p m� t, •1t*ww. L A N 9 �� LVa�i�7aton IJvd •..... . w 11 "w a Up'R/VerRd T "� ort Ave °_ co 181 m Qip 5 j J i o° ale St k hebago <e. State ur407 e�R �Leopal sv St �rd=St - -5p and St i S Lipan St Comanche 5k co State SW 544 I nes g - _. State Hwy"44", l Z � Corpus A �� �e Chaste N Padre Is/ O o Q y,, �-`0 I aP ' ,_. � s. a. � -� 9 _ 6 2� Buford-St , , � Bay LS a ° (D-Morgan-Ave , cL... I 'o m� a my �m N Oi ,�m �.. • .,,. .,.,.. ,. _ Bates-Rd toq p` ` --T—BearL-n Horne• a JoeM`� Bloomington St _co y /eyes y WPoid G0/0101 mQ Ra z Landfill Locations Facility Status Br°wns„VAeRd v� ., Active ota yO/�yR a� �nactive sokO/�� 4P a / of Constructed Cc Rd 26 � Westside Boundary zcm Corpus Christi City Limits y FR a7 N 1 P ��N•Ooa Miles �` Source: NH(' Co Rd-26 Data Obtained;April 2020 foo 0 7 j t� /07 Rq W F 7 C I FM 43 aEIEMBEP LE 2020 sa%o 81 q -a a o d' �j� � •.mQGj”' BUSINESS ANALYST RETAIL MARKETPLACE PRUFILF BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE esrr Retail MarketPlace Westside Boundary Prepared by Esri Area: 21.26 square miles Summary Demographics 2019 Population 53,985 2019 Households 17,863 2019 Median Disposable Income $28,653 2019 Per Capita Income $14,490 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Summary (Retail Potential) (Retail Sales) Factor Businesses Total Retail Trade and Food&Drink 44-45,722 $379,721,175 $628,808,468 -$249,087,293 -24.7 326 Total Ret ail Trade 44-45 $343,397,069 $550,380,965 -$206,983,896 -23.2 232 Total Food&Drink 722 $36,324,106 $78,427,502 -$42,103,396 -36.7 94 NAICS Demand Supply Retail Gap Leakage/Surplus Number of 2017 Industry Group (Retail Potential) (Retail Sales) Factor Businesses Motor Vehicle&Parts Dealers 441 $75,142,187 $118,815,548 -$43,673,361 -22.5 56 Automobile Dealers 4411 $60,944,440 $65,638,736 -$4,694,296 -3.7 25 Other Motor Vehicle Dealers 4412 $7,739,078 $24,017,795 -$16,278,717 -51.3 9 Auto Parts,Accessories&Tire Stores 4413 $6,458,669 $29,159,016 -$22,700,347 -63.7 22 Furniture&Home Furnishings Stores 442 $11,421,133 $15,465,292 -$4,044,159 -15.0 9 Furniture Stores 4421 $6,844,799 $12,153,652 -$5,308,853 -27.9 4 Home Furnishings Stores 4422 $4,576,334 $3,311,640 $1,264,694 16.0 5 Electronics&Appliance Stores 443 $12,006,709 $5,280,676 $6,726,033 38.9 7 Bldg Materials,Garden Equip.&Supply Stores 444 $20,883,690 $76,340,953 -$55,457,263 -57.0 26 Bldg Material&Supplies Dealers 4441 $19,798,795 $75,513,832 -$55,715,037 -58.5 22 Lawn&Garden Equip&Supply Stores 4442 $1,084,894 $827,121 $257,773 13.5 4 Food&Beverage Stores 445 $63,967,488 $143,507,495 -$79,540,007 -38.3 48 Grocery Stores 4451 $58,368,290 $132,811,812 -$74,443,522 -38.9 37 Specialty Food Stores 4452 $2,750,341 $5,384,668 -$2,634,327 -32.4 8 Beer,Wine&Liquor Stores 4453 $2,848,856 $5,311,015 -$2,462,159 -30.2 3 Health&Personal Care Stores 446,4461 $19,783,035 $20,944,330 -$1,161,295 -2.9 10 Gasoline Stations 447,4471 $36,641,961 $51,168,562 -$14,526,601 -16.5 20 Clothing&Clothing Accessories Stores 448 $14,842,332 $3,933,851 $10,908,481 58.1 7 Clothing Stores 4481 $10,020,411 $2,636,114 $7,384,297 58.3 4 Shoe Stores 4482 $2,226,268 $389,598 $1,836,670 70.2 1 Jewelry,Luggage&Leather Goods Stores 4483 $2,595,653 $908,140 $1,687,513 48.2 2 Sporting Goods,Hobby,Book&Music Stores 451 $11,343,937 $7,861,030 $3,482,907 18.1 9 Sporting Goods/Hobby/Musical Instr Stores 4511 $10,114,241 $7,849,679 $2,264,562 12.6 9 Book,Periodical&Music Stores 4512 $1,229,696 $0 $1,229,696 100.0 0 General Merchandise Stores 452 $59,409,422 $69,131,079 -$9,721,657 -7.6 21 Department Stores Excluding Leased Depts. 4521 $40,665,085 $46,746,216 -$6,081,131 -7.0 4 Other General Merchandise Stores 4529 $18,744,337 $22,384,862 -$3,640,525 -8.9 17 Miscellaneous Store Retailers 453 $12,999,966 $23,269,356 -$10,269,390 -28.3 14 Florists 4531 $461,527 $0 $461,527 100.0 0 Office Supplies,Stationery&Gift Stores 4532 $2,804,803 $4,529,301 -$1,724,498 -23.5 4 Used Merchandise Stores 4533 $2,153,154 $16,912,038 -$14,758,884 -77.4 6 Other Miscellaneous Store Retailers 4539 $7,580,481 $1,773,135 $5,807,346 62.1 4 Nonstore Retailers 454 $4,955,209 $14,662,793 -$9,707,584 -49.5 4 Electronic Shopping&Mail-Order Houses 4541 $3,682,205 $0 $3,682,205 100.0 0 Vending Machine Operators 4542 $321,297 $13,207,887 -$12,886,590 -95.3 1 Direct Selling Establishments 4543 $951,708 $1,454,906 -$503,198 -20.9 3 Food Services&Drinking Places 722 $36,324,106 $78,427,502 -$42,103,396 -36.7 94 Special Food Services 7223 $408,975 $698,272 -$289,297 -26.1 3 Drinking Places-Alcoholic Beverages 7224 $1,189,146 $1,145,188 $43,958 1.9 4 Restaurants/Other Eating Places 7225 $34,725,985 $76,584,043 -$41,858,058 -37.6 88 Data Note:Supply(retail sales)estimates sales to consumers by establishments.Sales to businesses are excluded.Demand(retail potential)estimates the expected amount spent by consumers at retail establishments.Supply and demand estimates are in current dollars. The Leakage/Surplus Factor presents a snapshot of retail opportunity.This is a measure of the relationship between supply and demand that ranges from+100(total leakage)to-100(total surplus).A positive value represents'leakage'of retail opportunity outside the trade area.A negative value represents a surplus of retail sales,a market where customers are drawn in from outside the trade area.The Retail Gap represents the difference between Retail Potential and Retail Sales.Esri uses the North American Industry Classification System(NAICS)to classify businesses by their primary type of economic activity.Retail establishments are classified into 27 industry groups in the Retail Trade sector,as well as four industry groups within the Food Services&Drinking Establishments subsector.For more information on the Retail Marketplace data,please click the link below to view the Methodology Statement. http://www.esri.com/library/whitepapers/pdfs/esri-data-retail-marketplace.pdf Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. November 19,2019 02019 Esri CITY OF CORPUS CHRISTI 88 DECEMBER 3 , 2020 BUSINESS ANALYST : RETAIL MARKETPLACE PROFILE 4pesri Retail MarketPlace Westside Boundary Prepared by Esri Area: 21.26 square miles 2017 Leakage/Surplus Factor by Industry Subsector Motor Vehicle&Parts Dealers Furniture&Home Furnishings Stores Electronics&Appliance Stores BldgMaterials,Garden Equip.&Supply Stores m i Food&Beverage Stores Health&Personal Care Stores Gasoline Stations Clothing and Clothing Accessories Stores - - Sporting Goods,Hobby,Book,and Music Stores General Merchandise Stores Miscellaneous Store Retailers Nonstore Retailers Food Services&Drinking Places -50 -40 -30 -20 -10 0 10 20 30 40 50 Leakage/Surplus Factor 2017 Leakage/Surplus Factor by Industry Group Automobile Dealers Other Motor Vehicle Dealers Auto Parts,Accessories,and Tire Stores Furniture Stores Home Furnishings Stores Electronics&Appliance Stores Building Material and Supplies Dealers Lawn and Garden Equipment and Supplies Stores Grocery Stores Specialty Food Stores Beer,Wine,and Liquor Stores Health&Personal Care Stores Gasoline Stations Clothing Stores Shoe Stores Jewelry,Luggage,and Leather Goods Stores Book,Periodical,and Music Stores Department Stores(Excluding Leased Depts.) Other General Merchandise Stores Florists u Office Supplies,Stationery,and Gift Stores Used Merchandise Stores Other Miscellaneous Store Retailers Electronic Shopping and Mail-Order Houses - Vending Machine Operators .. Direct Selling Establishments Special Food Services Drinking Places(Alcoholic Beverages) Restaurants/Other Eating Places -80 -60 -40 -20 0 20 40 60 80 100 Leakage/Surplus Factor Source:Esri and Infogroup. Esri 2019 Updated Demographics. Esri 2017 Retail Marketplace.Copyright 2019 Esri.Copyright 2017 Infogroup,Inc.All rights reserved. November 19,2019 W E S T S I D E AREA DEVELOPMENT PLAN DECEMBER 3 , 2020 89 City of Corpus Christi Westside■ AREA DEVELOPMENT PLAN City Council Public Hearing December 20, 2022 11� 0C FREESE 0 1 A//.��ends ��,� Westside AREA 6EVELOPN ENT PLAN 1. Project Overview --- --- - --- 2. a En ement Summar '{V "'' ■' Engagement Y 3. Future Land Use Map 4. Vision Themes and Policy Initiatives 5. Public Investment Initiatives Project Overview F19 Wes4tside Plannin� Q.st r.ct $gg 19]4 11 POnianl 1�l_�il _Inglesitle '' �_/`�\ {t••j'�. 1\ -_ - r _,a) 4:�/` rnmca �ii �sr: cfa v say .nom. Corpus Christi ool Rotistoevn �\ " 44 �11 u6rar�KL�i' IItY T. P. 16941 ii a f 53 358 t 665 43 1�/_ I p/ I ,361 - Izes e9 YJostsldC Arca Development Plan soundary Westside Context Map j /r Q Westside Boundary _I Corpus Christi City :.: Limns wAvo o zs s ,oa - - Miles � rr Area Development Plans 0Westside AREA GEVELDPM ENT PLAH ❑ Area Development Plans (ADP) are plans for the City's nine (9) CurnpreheWsWPlan Planning Districts. pl,-"`-' n'",` "° "r '"�' ImpinmentaGon Pfen P•A:riiiul cn Ilr.:rn.l 6nckgrunnd Inf...L n[rirn:i n3a��in kn,e��1•;vli�i I.e VN Ii fviinA-1 ❑ An ADP is similar in content to the Area,evzlopr I n,:r,�•..�,a an=• 0.•an atn?.u• Wool m�rcr.�n I City Comprehensive Plan but goes I CCaupm-hn' Yn•:•ndU' ul ul'n Wnn lslan I into more detail specific to the I us.lf ,I' a,n- planning district. �,as-e lal5 T:!rn.I•:r:,lir,Finn I-M,Ar'.i:Vt-I 'r'T i Al i5[5•I".ar - rl,ar PaiSporcatcn nlan Map :.M.i�...'.v.,rr-•-i:c-rr nl;-, ❑ The City Planning Department has P:Ym:Rr .::i.rM:•.m•r F:1 : ,.nb rnnzlcr RL,n ;ml M-L,rinn been working to update the ADPs since 2018. Several, including Ca p Ital I mq rwe n-e qt P la n <—SPp.;iJlc Pani Westside had not been updated -mnP.," J in F:rM1lr�nve�Flnn since the late 1980s. -- 5 Demographic Highlights n)_�V[� 1�estsidAN (J AREA DEVELOPMENT PLAN � a 55,66.4 53,985 I 51.862 51,260 Median Household Income I I49. I 2000 2010 2019 2024 'r " ' Population Growth by Year Average Annual Growth Rate ' 'Nestside CorpusChristi -rnle,.fed Pnpuhti- 2000-2019 (ccupied Housing Units RACE 9 ETHNICITY by EDUCATIBNAL ATTAINMENT 75-(2019Y 16.3% Some Other Race Some Calle e X0.1% 2.7% T•rvo or M.- Pacific Islander 2.1% 7.4% 0.7% 14.2% Bs. o--4 Asian 65-B4 14.6 5-14 0.7% American Indian 7.1% 35.7 Block Median Aye 34.4% 271% College or Graduate De ree 0� 5' 64 15-34 Hispanic Origin f;i, e s—..r_r..,..,.w...4..,,.,,,Ml— ,SW I.F,.i...,., w..,.,Na.F,...........r .,.:rrr..,.. 1111_ ,,J., 6 ..._._......._..._...... _. _._...... Timeline ®f Events and Activities Qi k lti .\,�� �ti t ,•��, .� �ti °�'� � �� ��'� stip ��° 0 0 • • • • • • • • • • • ti YaJ`yo� �eeaJ`y o --- `J oa ®..... Advisory Committee Meetings Throughout ProceLr,---"—'- i�; Developing Baseline Analysis Drafting Plan Finalizing Plan Engagement Summary 1st Open House Summary 0Westside AREA DEVELOPMENT PLRH WHAT IMPORTANT FACTOR WHEN CONSIDERING FUTURE F' IMPROVEMENTS? Economic Development N. Quality of Life % 1' Revenue Generation i� [ Impact on Transportation I 1 1' Drainage Impacts 29.0% 19.4% 19.4% 9.7% 9.7% 6.5% 6.5% Preservation of Open Space Environmental Impact Impacts on Cost of City Services More Mixed-Use Professional New Parks Shopping Restaurants Entertainment Housing Office/ and Trails Personal Choices Employment Services Other:Incentives Opportunities Other:Infrastructure 9 1St Online SurveySummar p>_,�� 1�estsidAN AREA DEVELOPMENT PLAN What are your tap priorities peg ording the quality 1 I' Rate Your Priorities Current Amenities and Services Pu hlic Servlces ® Highest Rated Housing Options Family-Oriented 4k4 Y is the most Important Environmental Issue Improving Existing Parks is the MOST neede R ec rent lona l l m prove me n F Environmentally Friendly Parks and Recreation SinSie=amity ricin..: ar2 the mast needed Biggest Transportation �. Challenge is Public 326 76% Transportation Respond That They on Participants Live in the Westside Fa are the MOST N edecies Entertainment Offo.n5 10 Project Webpa e Guest Book f'Lr�VCY Westside ` ' �J AREA DEVELOPMENT PLAN "Tell us about your priorities for the Westside study area." Recrea_o-i l Facifltle5 (18) Address Safety Issues _(14) "More playgrounds for children as toddler ages. More green Economic Stimulation M(10 areas, exercise areas. Street repairs. Homeless problems need to be solved." Code Enforcement ■i'T "More strict code enforcement in the area..." Street/Infrastructure (6, Repairs "We need to bring more businesses to the Westside. We have cu tura(&SoCiBi? ed for businesses..."a lot of land that can be developed Community Facilities (5} p Equitable Housing �f5} "...put some housing for middle-class families..." Sidewalks,'Bike Infrastructure Future Land Use Map What is Future Land Use Planning? 0Westside AREA DEVELOPMENT PLAN ❖ It helps us envision how an area Why is this important? can or should develop in the ❖ Helps to keep development future. organized •'•• Informs rezoning decisions. Assists with planning for growth � w ,• WAR 7. �.._ - WA Future Land Use Map ( �L�"�Y Ae s t s i d e AREA DEVELOPMENT PLAN 41 . .......... .......r 73% a;, Agree with the Future Land Use Map Future Land Use ammo "...There should be some more high-density �Is�ll,d tylR D R housing options too. M d D R la 5 � J�"N.e\ "i"FloodaP enn Gonservatlon 7��. / 9Readwar "...The Future Land Use Map needs to be mindful '" _'���"�� of historical areas." 4V cem�.Ch—cm umm � i d � Dale-June 2Q22 .I Vision Themes and Policy Initiatives H®w the Plan is Set Up 0westsidAN AREA DEVELOPMENT PLAN Vision Theme Policy Policy Initiative Initiative ida Vision Themes Chanes ( p.20) ��,,"r WestsChanges AREA GEVELDPM ENT PLAN 1. Revitalization West side neighborhoods are invigorated by economic development, 87% preserved and enhanced neighborhoods, and access to job training and Agree educational opportunities. Vq1Jv ' L "Restore/Rebuild Older Neighborhoods." f r• . " All I It be the business eft Leopard. use to good.Make Leopard 5t.great again." "There should be protected bicycle lanes along each major corridor..." • '` ' "Would love to see growth in my Neighborhood." "Revitalization can't come at the price of �� .. affordability." ° "Fix streets/sidewalks to spur re investment." Vision Themes ( p.22) ��,,�r Westsida L 2. Culture 79% The City celebrates the heritage of west side neighborhoods by building on their deep-rooted culture. Agree 117C G M TY INPUT �7 • 'The historic fabric of the Westside ¢ 7eighborhoods has the tried and true recipe • for more walkable communities.Identify and , promote the key elements of density and mixed use that have developed in these neighborhoods over the years and feature the successes." r. ` My favorite part of the Westside is..."My Home. My Life." "Tradition" "Family,Diversity" Culturally rich community", "l4eep the local R , character","Cultural heart of the city" "Protected bikeP aths and more pedestrian "'` friendly ways to be inclusive of everyone!" Vision Themes ( p.24) ��,,�r Westside AREA DEVELOPMENT PLAN 3. Health and Safety 85% West side neighborhoods are safe, family-oriented communities that support a high quality of life. Agree COMMUNITY ;�,,,,, ., .. "Believe it ar not people want to be heaCthy also, make some nice trail environments � � "'��� _ .��`„ _ y with lots afi trees so we get quality air and L ,.. � peaceful spats to go with tamrly and pets'. ~ _-• "Gettin to knave fellow nei hbars is a seat way to build a safe strong neighfJarhood." - "'Lighting would support a high quality of life to prevent criminal activity" "Safe walking paths or sidewalks to school'" �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 1. Safety (p.28) Enhance the overall sense of safety through improved programming and environmental design. 1% 3% No Opinion High-Ranking Action Items by Importance NOl Irnp;]rtent 95 Increase lighting for safety 94 Implement Crime Prevention Thrv�ugh Environmental Design 92% Support programs to assist with home repair 91% Support neighborhood cleanup events 79% Very Important 90% guy and prepare abandoned properties for OVERALL, redevelopment 96%, SAY ITS IMPORTANT TOTAL RESPONCES;157 'No surveytelousselected'Important"as a response �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 2. Transportation and Drainage (p.31) Improve transportation and drainage infrastructure to create a safe environment for all road users and mitigate impacts on the community from flooding. "% High-Ranking Action Items by Importance 5D�� Not Imp�rt�'it Somewhat Important 95% Keep drainage ditches free of trash. 93% Create safe transportation facilities for all users 31% bikes, pedestrians,bus riders,and motorized Impnrtgnt vehicles. 90% Ensure public infrastructure and facility projects of all types— like parks, libraries, and street projects — include improvements to increase storm water capacity. 63% 89% develop the La Valla Creek Regional Detention Very Important Pond to reduce flooding in Las Colonial and OVERALL, Molina neighborhoods and include park-like 99%,SAY ITS IMPORTANT features TOTAL RESPONCES.789 89% Ensure that priority streets are in the City's •Noaumeytekem selected•No Opinion'as a response Infrastructure Management Plan(IMP). 21 �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 3. Healthy Living (p.34) Improve or expand facilities and programming to support a healthy lifestyle. 7% Not tclrlI High-Ranking Action Items by Importance � spm@wh�lt Important 93% Pursue programs that help kids walk bike to school safely © 92 Improve pedestrian connectivity between neighborhoods, stores. services, and parks. 31% 91% Help ensure residents have access to fresh and Iml7oriant affordable food. 59% 90% Expand bike/pedestrian infrastructure for those Very Important who cannot drive OVERALL, 909 Improve access to healthcare and social services 97%,SAY ITS IMPORTANT TOTAL RESPONCES:153 'No9 rveytakersselected'No Opinion'ae a—ponee 22 �estsidP®Iis Initiatives and Acti®n Items AREA GEVELDPM ENT PLAN 4. Housing and Neighborhoods (p.37) Support a variety of housing options and affordability levels to encourage homeownership and sustain the existing housing stock. 2% High-Ranking Action Items by Importance L`DI� Not In-pc-tr,..- 5am -7 ewhIt 91% Update codas to allow more housing types Important like backyard apartments or new houses in Manufactured Home or Office zoning districts. 86% Support building new homes in existing neighborhoods (infill). ' 86% Improve drainage In neighborhoods such as 39 through projects that reduce run-off and upsizin❑ Important deficient storm pipes 53% 85% Implement neighborhood improvement projects Very Important 84% Protect neighborhoods from incompatible OVERALL, commercial or industrial development. 98%,SAY ITS IMPORTANT 84% Incentivize the rehabilitation of houses in historic TOTAL RE5PONCES,158 neighborhoods. 'No eu mey tskem selected*No Opinion*as a response z3 �estsidP®Iis Initiatives and Acti®n Items AREA DEVELOPMENT PLAN 5. Culture and History Preserve, promote, and celebrate the local history and culture of the Westside. 15% High-Ranking Action Items by Importance Not Important 13% Hold cultural events that celebrate the community's heritage in a gest side location. 83'% Support the physical and programmatic growth of the Antonio E. Garcia ArLs ar,d Education Center 29% 83'% Increase exposure to the arts. 40 Somewhat 50% Im[)ort,3nt Very Important 80% Identify, preserve, and build upon the city's 'Noe—eytakere selected'Importam"as a response historic vest side neighborhoods. OVERALL, 79%,SAY ITS IMPORTANT TOTAL RESPONCES:159 24 Policy Initiatives and Action Items f'Lr�VCY Westsida Y LL 6. Community Services and Programs Expand public and private community services and programs. 6' 0 High-Ranking Action Items by Importance 94% Increase access to youth programs through schools and non-profits. 90`3, Continue programs that improve conditions for those experiencing homelessness. 87` Partner^with local churches, non-profits. and IeaderE to promote community services( :;:,...ir:•ilrt 50% rec-ource:S. 'No w eyt4k selected-Important"as a response OVERALL, 79%,SAY ITS IMPORTANT TOTAL RESPONOES:159 25 �estsidP®Iis Initiatives and Acti®n Items AREA GEVELDPM ENT PLAN 7. Economic Development Foster an environment for economic development that attracts new businesses, increases employment, and revitalizes or enhances existing commercial and industrial areas. z High-Ranking Action Items by Importance 8 Somewhat 89"'0' Attract and incentivize investment and jvb Important creation in the west side area. t � 85� Expand water and wastewater infrastructure to i undeveloped areas of the westside district 82 Support public markets and along accessible 31% routes. Important 59% 809E Help provide resources to small businesses. Very Important OVERALL, 98%,SAY ITS IMPORTANT TOTAL RESPONOE&150 26 'No sumeytakere eeleoted'No Opinion'as a meponee Public Investment Initiatives Public Investment Initiatives 1 Wow, Ilk. ti Public 1m 0msnl tnitlativ Lonp-Term P.1—ts "'Ith'M Safety Imp in m --ParNa antl Trails �`y9 -�\ treat Ompmreman s W lees6 imikry C rpus Ch-b City Limits s ' yLJ«, vN.-t/ Data cdkclza June mlY SHORT-TERM (1-5 YEARS) MID-TERM (6-10 YEARS) LONG-TERM (10+ YEARS) z8 Recommendati®n 0Westside AREA DEVELOPMENT PLAN ❑ Staff recommends adoption - --- --- -LI Project Project Advisory Committee �{ recommends adoption ❑ Planning Commission recommends adoption Visit the Project Website at CreatingCC.com/Westside �u �u �u W'', 29 ,mus cx 00 a� �h AGENDA MEMORANDUM �ORPO0.P��'0 Public Hearing and First Reading Ordinance for City Council on 12/20/2022 N zss2 Second Reading Ordinance for City Council 01/10/2023 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymonda-cctexas.com (361) 826-3575 Approval of a Water Arterial Transmission and Grid Main Construction Reimbursement Agreement; appropriating future trust fund revenues for Cypress Point, LLC to construct a proposed water arterial transmission grid main required for a residential subdivision located at FM 2444 and CR 43, otherwise known as Caroline's Heights Unit 1 CAPTION: Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement') up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. SUMMARY: Cypress Point Capital, LLC is required to install 3,153 linear feet of 12-inch PVC pipe waterline to extend and provide adequate water for a proposed residential subdivision at FM2444 and CR43, otherwise known as Caroline's Heights Unit 1. The proposed subdivision will include 29 single- family homes on 18.72 acres, additionally, the extension of the waterline will open an additional 838.93 acres for immediate development. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C, if the water arterial transmission and grid main systems are not in place when required for development, the developer may install that portion themselves to meet the Water Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule. Under Section 8.5.1.C.B,the developer may be reimbursed from funds available from the Water Arterial Transmission and Grid Main Trust Fund for the portion installed by the developer, up to a maximum of that which is required to meet standards. Developer, Cypress Point Capital, LLC, has requested a reimbursement agreement for a required water arterial transmission and grid main to supply a planned residential subdivision located on FM2444 and CR43, otherwise known as Caroline's Heights Unit 1, with adequate water. Caroline's Heights Unit 1 Plat was first approved by Planning Commission on November 10, 2021, and extended on May 5, 2022, and October 05, 2022. The extension consists of installing 3,153 linear feet of 12-inch PVC water line to supply water to the proposed development. Allowable reimbursement totals $484,907.78 with a credit for acreage fees of$13,459.68 with construction required within 24 months. The project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1.C. Water line extension will tie into the 12- inch water line that runs east to west on Staples Street (FM 2444) and is consistent with Water Distribution System Standards, Water Transmission Master Plan, and Fire Suppression Rating Schedule. ALTERNATIVE: This project will facilitate development in the area and conforms to UDC and City requirements for reimbursement. An alternative to utilizing trust funds for reimbursement would be to construct the improvements with a city-initiated CIP project or fund the project out of the current public works budget. Any alternative to the trust fund reimbursement agreement will ultimately cause delays in construction and increased costs to the City; thus, delaying development in this area. FISCAL IMPACT: The total estimated project cost for the Water Arterial Transmission and Grid Main Construction is $484,907.78, less the $13,459.68 lot/acreage fee credit, and the maximum allowable reimbursement is $471,448.10. Future revenues of the trust funds will be appropriated totaling $471,448.10 as allowed per UDC. If approved by Council, updated trust fund balances would be ($631,670.64) after the project is obligated. Positive balances shown are to be transferred to fund River Ridge Unit 4 and Kings Landing Unit 2 agreements. Water Arterial Water Distribution Sanitary Sewer Sanitary Sewer Transmission& Main Trust Trunk System Collection Line Grid Main Trust Trust Trust Funds Available (As Of 10.31.2022) $ 339,257.94 $ 6,110.86 $ 4,419,435.72 $ 326,599.78 Appropriated Funds Not Yet Expended (Includes Current Item) $ (841,305.46) $ (833.66) $ (4,560,279.27) $ (320,656.55) Balance After Appropriations $ (502,047.52) $ 5,277.20 $ (140,843.55) $ 5,943.23 FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Presentation Location Map Ordinance authorizing a Water Arterial Transmission Grid Main Construction Reimbursement Agreement ("Agreement") up to $471,488.10 with Cypress Point Capital, LLC ("Developer") to construct a required water arterial transmission grid main line for the proposed residential development located South of Farm Road 2444 on County Road 43, otherwise known as Caroline's Heights Unit 1; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $471,488.10 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021 , to develop a tract of land, approximately 18.72 acres known as Caroline's Heights Unit 1 ; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1 .C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Water Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . The City Manager or designee is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with Cypress Point, LLC ("Developer"), for the extension of a 12-inch water arterial transmission and grid main line, including all related appurtenances, for the development of Caroline's Heights Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Mains Trust Fund, Wastewater Trunk System Trust Fund, and Wastewater Collection Line Trust Fund to the Water Arterial Transmission and Grid Main Trust Fund in accordance with the priority established by UDC 8.5.1 .C.1 .d, 8.5.1 .C.2.d, 8.5.2.E.1 .d, and 8.5.2.E.2.d until $471,448.10 is appropriated from the No. 4030-21805-777 Water Arterial Transmission and Grid Main Trust Fund in accordance with Section 8 of this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $471 ,448.10 from the No. 4030-21805-777 Water Arterial Transmission and Grid Main Trust Fund as funds become available to reimburse the Developer for the construction of a water arterial transmission and grid main in accordance with the Agreement. SECTION 5. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Cypress Point Capital, LLC ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 10, 2021. Plat to develop a tract of land, to wit approximately 18,720 acres known as Caroline's Heights Unit 1, in Corpus Christi Texas as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid Main Extension ("Grid Main Extension"). WHEREAS, it is in the best interests of the City to have the Grid Main Extension on be constructed to its ultimate capacity under the City's applicable Master Plan. WHEREAS, Section 8.5.1.c. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid Main Extension as show in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose, and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's, assets. The City is excluded from personal liability. 2. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws,; codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS QUANTITY UNIT 1 12"PVCP1PE 3153 LF 2 12"CAP TAPPED FOR 2" 2 EA 3 12"TEE 8 EA 4 12"GATE VALVE WJBOX 7 EA 5 12"EL,ANY ANGLE 4 EA 6 FIRE HYDRANTASSEMBLY 5 EA 7 116,DIA X 30"PVC PIPE NIPPLE 15 EA 8 IV 900 EL 4 EA 9 6"GATE VALVE w BOX 5 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS. Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 4. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 5. DEVELOPER/OWNER TO AWARD CONTRACT FOR IMPROVEMENTS. Developer/Owner shall award a contract and complete the Grid Main Extension, under the approved plans and specifications, within 24 months of the approval of this Agreement by City Council. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 2 of 12 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services and to the Development Services Engineer by the 60th calendar day after the date of approval of this Agreement by the City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval of this Agreement by the City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before 24 months of the approval of this Agreement by City Council. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 10. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period")to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 3 of 12 d. Should the Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty and, should the Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer/Owner by reducing the reimbursement amount due to the Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 11. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 4 of 12 i 1. If to the Developer/Owner: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 13. THIRD PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Collection Line, contracts for testing services, and contracts with the contractor for the construction of the Collection Line must provide that the City is a third-party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, the Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, Including the area code, of the surety company to which any notice of claim should be sent; or WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 5 of 12 (2)the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 15. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT. a. The cost for the Grid Main Extension less $13,459.68 lot/acreage fee credit is $471,448.10. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer the reasonable actual cost of the Grid Main Extension up to an amount not to exceed $471,448.10 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner monthly upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 6 of 12 j i I i i ' I e. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. I All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC§8.5.1.C. 18. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out.of or be in any.manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 7 of-lie I i I ' attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of .response action taken with respect to any hazardous substance on or under the i. property regardless of whether that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. i 20. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to j this Agreement as Exhibit 5. WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT I Page 8 of 12 I i i i I 21. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. 22. DEDICATION OF COLLECTION LINE. i Upon completion of the construction, dedication of Grid Main Extension will be subject to City inspection and approval. 23. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a"controlling interest" in the entity,which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 1 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than-four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htmi. i I 24. CONFLICT OF INTEREST Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index I 25. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. I I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 9 of 12 I � i i Remainder of page intentionally left blank; signature page to follow. i I i WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT j Page 10 of 12 ! i I EXECUTED IN ONE ORIGINAL this day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development.Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2022, by Albert J. Raymond III, Director of Development Service for the City of Corpus Christi, Texas. Notary Public's Signature Approved to Legal Form: Buck Brice Assistant City Attorney WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT Page 11 of 12 DEVELOPER/OWNER: Cypress Point Capital, LLC 61 Bare Le Doc Corpus Christi,TX 78414 By: George Shaheen Manager STATE OF TEXAS § COUNTY OF VVJLV/� § This instrument was acknowledged before me onI 2022, by George Shaheen, manager, on behalf of Cypress Point Capital, LLC. BETTY DEREESE otar ublic's Signature Notary ID X4751441 ^9 My Commission Expires rFort�p June 2, 2023 WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT i Page 12 of 12 I N� EXHIBIT 1 %m m X.1W_llwzaTM w11 ZI.M.TME w�YI Fw NWwW M.O TM=s° ��D D x WA�•ND N� _ND�ES xDan WD,. u wRp E Wpm w„a �N n�D� °Y «x sr P A rN BtS4 OC EGAIxG3 6 THE SNtE CP ISYS VYBmF tli10,wIIM ,xen tv6l. 4 RwOPV:N pEXF1OPYEM PERWr vnLLeEO REOUNFv FOR EMs w 1xE itmDPUw uio e[e.PPxwm wU v Nu A ar nv uxtt FEnevavx enua. az O iH - P° -TN fORmi�EGown¢u Aso.-O E'OOEaF W P-v I r ZE sUe1ER sOE is va lcrEv ni rFw NAP 4xiRmD52DG sAuvcv REw..Fn�AND 2CxE R u+EAs txE PYSEW'M of VD61Y UNm WOxv!EXE PO+n WVM of vuT sw1E wxronu wnx LxE xu[cm Pti QUAL IJL°EARP°As00I Se OF �xW1LE°XaVNCE�xrfxRwO W n00 E mOP tE55 i �ftMYNWA 1 OF Ynlflr IIxE FIL61116 fY11WN I.—Nexr OF WAY.(fOLLcw cw.P�[n f CWv69r sfiEE15 AmxEESE MRN2ASNIHDNN�w E BmN°NwEAEfOFmOREGET°OM5 XOi Ut MVo1°RGH"NCE hOW N:p hV A4FA OF ZONE ID(OCPIx nWl t�. 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F—s.aEYs atEnwFD w ixs DEVE�NPua7. em pemRE uE m cEnRGF swupxx,uwG:xo vexwEx OF a-°s µu wmam+ e" � mxsmurnpx xRrEYprt wnx xuEem ewxn eu wPRChYENis SWw.EE GV^rteL rxE PPOPmvm�s v�Ep EW°NaaE TOR ENURING 11Ni AW FRorosm oNs ox CouW59pNFFs EOVM moN v of rx°5=IUPvamaENrs aF ixE NUECEs covim ras rN:_wr of 20� ERrc wnE couPcr wm't4 cFR 9n lENW 7rA FOOM Toa r�¢sran:vF TENas �mr%� Ol amo�C(AxaERwx Ermc srnEus mEonm tFu nn.w s Nor BE wcROuxm. is xO cEs rAVYDR.� s. IEr Dw-1 AuowEn Pm Em. nas DF iEcAs A. 14. mrs 5 o wOvmDEv. S rxAr niE mi Fac¢ ovR EIAMnONs sW11 BE 1R INONES MWOIUY ARprE txE Swffl CEHRRONE rxE emPUs exam-NeECEsouµxn/NTH STA & PURYC NENn1 ENGINEER mu aF nuESEs1 a Wr IF 4a xE S.—I. m I. pD� rx�q aLLVO axg6-rxAw o�Anrtw+s TM°�.0 O FIOE ar A cvurnr or... 6 °Y' eY txE oEPAanENr M L___J� °iYIl9eMFM SERAC6°FINE em of w4Pu5 pEN10WP�rSER1IX5 FHtlNFFA A Rew cw F E5 A o,tE W.ixE_DAY IF RE zp� s� SITE �IIIFc_ IF I— orD�mrs er mE Pw,x,x®FOOIF—�. .1—ON eFxas OF n¢cm of NrA DF G N ,NIN,xEF a 0_ d saE F a wDN„ IF Nom o E NapN u.wEuxmOn UZ ,Rmmmm PRauscxu w:D a:RVEraR DF Y.sF n wEtw ENGwm+Ixa _ _ I. wrnTMEDnr �wmNWnDxD FmsoDxwaXwwx xRDaNG L❑CATION MAP EAEpF u IF I- 6 1'=1500' I. s.NDs.C—w rxE wuNrc cwRr w AVD FON wD wI-w xEupr uxnro iNAr rxE cmDnr s orIF um�ExnuTo"•WAsAT Dun x�u,rr°Dior OEGONom.xE a DGF m u vuem u w rx_rA.P N�wxDN Nr NNND AVD sau IF rN COmum 11 Avp roa.10.—AT INFIl ix 111—clwml, -MINIMUM FINISHED FLDOR PLAT OF NVmEg�,NF,,rE,�,rxEnerAND, R�rwN�Ex. . F EV�ATINNS . NINENW Fix15xLD FEppR EIEYAiEa�F®t PLL APPROVED PLAT CAROLINE'S HEIGHTS UNIT 1 Ivlofzoz� D n Ds.aW 6RN1-T P�r7N6 ElEv}I,FS r si xim PSE TRi�tiAGE coU E PLANNING COMMISSION DEs«EP , u,xaP s°rR ff'En"�"voc.mxd.rmrswsa+'v:°oArPEciK°�Evs"'eiue°eEi en Nrr eouRr -- — ---R - r - - - NUECES -COUNTY, TEXAS - BASS & WELSH ENGINEERING "6D5g*'S"°Drz, 1%SURNEY PEG.ND 10002I' 1%ENGINEERING •.ED' REO.N6._2.1054 5.AL EOA STREET, L SCAIp IN. G FM O FOI —78466 SNEr.-0 �ar sDE,DDc.w xx,na .2.,m.�,�c �t EXHIBIT 7 BENCHMARKS ` N89'11'20'E 877.72' s)aPtEs sr IT. ameaERsi / tEn D0. 15 VE tCe.00 _a00— �vacV— Ioc.ar— ------2Dz 2)' � R is ———— -1 ' I � � ¢ m R' u . 9a.sF APPROVE lo2o21 D PLAN i N � /f/ I II as PLANNING COMMISSION Mm a Qom_ �Sc9•tt:➢. D�,.99—i➢�'-- ---- �3 ,d i HIGH STREET —�— Txe9•it•eA se se sis _ _ _ _ a \�\% s a2" --- ¢s# i iiia I Im o i sF ♦� 1 m 'w' ----- ----- r-- �'^---- -----IJ I� «L1-- �;------- - -- N z t21.�' ,DUE ,16 Do . ,1Dm• ---�•— IW `_ � — 1�� sUJ w aItn�� � ----°uc----- --e9•>r>'m•c t I§ yl §n---HT ,vT)z---� CT Z/�� ( ¢3➢a3# ¢3+20 SF r 1 ,I O2o 44R m ^`'�rc�)II^q- `\�I~�� JIS�III � su9•IlE'i290'4]SF �O OC➢R�V.9F0.'D0DN¢+ T- 01 Sb 0I' +cT5P• i9].>¢Y CH=1DSTle DB Y 2LYR I I oRl+. �' OuveL W,s5 —i, I Iml Te➢0.�. ----- --- — ---- ` ----- ---- --- 6DD=— —�¢9 EOY�Y° ---- ----- O3D•� of I -- �� Oa. DD DD• Oti6D 1S� T 1 (^ hHIGHH ETREEE�l ' „ -1�+-�. E`ce'ue4at v �i DTE pTE Ex# Ope D3D Y e+D9# E,D ms Dt6# 9e# mySy ¢ ,-m. I ��36 ;<•1•xD• RONIm b v` `¢1�6es!u➢'DD' V— M © i PLAT OF ----- ----- '----- ----- ----- ——— ------ -----� CAROLINE'S HEIGHTS UNIT 1 f n ar D'E ,Dear tDaTA' 1D3.DD 9,.¢9' — -Se9.11'-20'v 877.72' m NUECES COUNTY; TEXAS — I i� "m^enrEAc c r�3),w �,xiD3Dazs. d BASS & WELSH ENGINEERING "➢� SURVEY PEC.ND 10002]-OD.T%ENGWEERINGw�ta�. T _ REG HCORPUSECHR6i1.TF]4EJ040A�E� 9CE]sEe�E EXHIBIT 2 APPLICATION FOR WATER LINE CREDIT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby apply for$13,459.68 credit towards the water acreage fee for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing,as shown by the cost supporting documents attached herewith. LZGeorge Shaheen, resident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me o)t 2021t,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of f e said corporation. SpPY AVB BETTY DEREESE _ Notary ID#4751441 ®P My Commission Expires Notary ublic in and for Nueces County,Texas 9rE OF�4' June 2, 2023 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of$ is herewith approved. Development Services Engineer (Date) i i EXHIBIT 2 APPLICATION FOR WATER LINE REIMBURSEMENT We,Cypress Point Capital,LLC,61 Bar le Doc,Corpus Christi,Texas 78414,owners and developers of proposed Caroline's Heights Unit 1 subdivision,hereby request reimbursement of$471,448.10 for the installation of the 12"Water Grid Main in conjunction with Caroline's Heights Unit 1 subdivision,as provided for by City Ordinance No.17092.$484,907.78 is the construction cost,including 7.5%Engineering,Surveying,and Testing in excess of the acreage fee,as shown by the cost supporting documents attached herewith. 0 George Shaheen, esident (Date) THE STATE OF TEXAS § COUNTY OF NUECES § IAN This instrument was acknowledged before me on ' 2021,by George Shaheen,President of Cypress Point Capital,LLC,on behalf of th aid corporation. BETTY DEREESE z Notary ID#4751441 �LA 9 4 J-1 My Commission Expires Notary P blic in and for Nueces County,Texas rfofz`' June 2, 2023 CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a)Sufficiency of funds in the Grid Main Trust Fund,and (b)Appropriation and approval by the City Council. Development Services Engineer (Date) PVUC WHOWENEM78 TO EXHIBITS PRO vc.rrm.rwraar CAROUNE'S HEWTS MIT I MU CES couwv� TEXASla]ITE I N M shr= LUCATIDN MAP Mr.= aw.mvx Z== 7 SHEEP 1 COYER SHEET MD MISCELLANEOUS INFORMATION SHEET 2 PAVING.GGADWG AND OMWE PLAN AND PROPLE CALL BEMRE.YO�DIGI Sl-3 TER PLAN cull� IH—4 OFPSITE WER PIM AND PROFILE ME SHEET 5 STORM NATER—ENDN 113-11 1. PLAN,STREET LIGHT FI-AN.STREET SIGN PLAN ME E—E SO— AMR- SHEET G T OT SIGN MOUNFNG EST—SNA.L ROADSIDE SIGNS TRA.—E.PEASE—1. SHM 7 ON CRORSWA PAVENENT—INGS MO STREET NAME .—E SIGN S—. SHEET a T DOT INPIM SIGN REQUIREMENTS,TSR(4)-I3 mnt Oir..m.¢aror¢,¢m.,m.,.rem Tea.we.a n-w..m.w mvr r..r.¢w m.a uv swan rmem rm��mu wamw� ���r�"1�u�®mar wa�n�aR i�"m�aa.nmwc�mX •�-gyyM6�• mm mn 11G WEISX EING—SING ME,UM U-5-M M RZ S102YUR WF. — MI ..LIG%lllEll%lN'Tl, _E T HEIGHTS_NUECEG C...T% COYER SIIEET MD MIS—OUS INFOR-14 EXHIBIT 3 nm.,,b� ..e, Dal;;Z BETAIL s �3. I I e �rm mi n x rn,.mwalee ------------ SII I� 1 .k m auPo pp� aT 'p'Qn 1.00 2.00 5.00 4.00 5.00 6.00 —0 A— ".A —A. II... 12.00 15.00 1N.Oo Is.00 A— V.Oo IB.00� '�4u a 25 25 �r _____ _ ____ _ ____oox ____ _____________ __________ _________ _______ L ` __ ___ 20 e l•l 113 ® P _ _ ® IS 2 5.00 10.00 t3.00 k WELSH ENGINEEaiNN yt F 2S tt swim uc,xo. C ne eunrvm vnu _ vrs,uu ____ _____ ______________ PUBLIC IMPROVEMENTS TO _.__________ ____ __________ CAROLINE'S IEIOHTS UNIT i NUECES CO., T% PAVING—BIN.AND URAINASE PLAN AND PROFILE ,uwu.ana n,ynu,na ,ua.xa wr.vv.ziwr xv.�"m>bR° 4 PRePasrn Iz•Pvc vRT a EXHIBIT 3 �cGxRcx�so oN rGLEGvtxc sxE m q, � � APANOYED NR 13-00 I1 =IR ___�i 1' .00 ---- ' e m•momal JI � Iv I^ k (I Ile ILII I� � I la II I - � Ya I� O — FvcPvni�G ul I I � I I d o > ( LI----- — ------ ---------------------------- B —1—�r-->•xJ w -_ PRGPosEu I 4.1 vnTEFuc © I III I I I _____ _ _t`:67, - PREPGSEn I� ' v PVC VAiER O ' 1 t xzw�Cxdw_.v. o �o no' teo• --yyyy{- O_ -----------—_____ ____ _________ ____J rn•W4yp�� `�s r<a®� 1891x.Gi.arms,.�c °' tale/1t swsmo-. +PUO.IC IMPRGVEMENTS TO CPR S HEIGHTS xNIT 1 GLINtIECES C6,T% EXHIBIT 3 N (CM 2444), 130' ROW aw.w.r'rs nnlna o� wm� n.��,e• i ®rs.... T\ view P12�O1f_-—_- 1 R PVCWATER CP3SE➢]2' ra•� i. ��wriw \—.....E➢wre w, �meme..oc v� P •••" rv..m rm�wanurwl PVL VATER ,zw.mAw v,nm ie w. Hors w.� NO V TER 1 I ,w.wvm mn.w.e w,�ca on.w muwxn,nc I PYCYATERI� lr I 25 C SrGG t0+0U •ZU4 IIGnto nw,nxEn ao..+wn..,ue 25-00 — 23*GG I ____________ _________________ �N 20 I `�o I rA I I ,y4_.:yrr j� I PV°cPVfsiTER12 em we rn � I vx ..,oe. 2A55&WEL9N,ENGINExERINIG FVL NP9'l I'0' ism " Pft B INE S I-EIGNILII T SUN T _____ _____ ' —__ CAROLINE t81ECES CO ST% i .._ ' `� O • ' r .I.sw OEESITE vPTER PLAN `PP — -----, — EXHIBIT �. � w[vf•xttGNnyOEi ------ ----- ROM iF r'li i� ©, •� -- �i I i .g i , s� �°m' � :E.rr,Er,.A.,GN.�.a.rr,.K„� �g,sr»a�,®v a R I a O. 1 I 1 1jl dIb - IL_ r . , r --------------- --------------------------- .�r. ...,..w.,. .vim ...�..,r.. yn r _________ - . S89'Inc20a x.owur..c ralrR/Rf •fPUBLIC IH?NUVEHENTS TO -- - - - CAR LINE'S HEIGHTS UNIT'I '- —CES CO..T STCRH—ERPOLLUTION PREVENTION PLAN,STREET LIGHT PLAN,STREET SIGN PLAN ANG ESTIMATE SUHHARY Turn n4. TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS EXHIBIT 3 xrt �bP aaau arzv $� NOTE row�m+.a�.rs..a s°im w,. rw,w eros �vu as i_wtww �• dare ore o-ioun savlun oppravea �.epn,a.m'�I w�tm,ln��rola n iwi�'mnmsiaa� fL<*N 7'lo Iw Sl ipboae SYafr �Eb �°� Please referenab the Yater lot Pro0lser mdgwctw r. Liat far am-aYea bl ID Dobe BYbfbms. rwul rsiSv a a,�reyia,� ra iwum� s ® ® ®s ratpi/t—ft'ot.ppv/banitana/PrWumr_I ist.Dtm bi0am ns.gym.,.i.�nn1„ mt�� �! its sleYlaes ehDll De Instal Id per morulmtu•xb'rommenaotlou y.�Mto jr.r�uy.'r°�r iaei'ro sees �kj , �� Inbtaltatim proviEr,~ w b fibolt De �[E sbd to its],o E'sr,pineer DY Contractor. �mgv�.¢i.ire.sn.`�ro:sremer un se�s�usp.rani !�b s° q � .mAo-ro-l_I.e�aaa�.sw;swlw v,tw.nb w,s_I.n an�� I IR. w n sue.. smr.pe fro roU_Iq O LL . _ _ ma rs.l..sMgm.Mntt.rap.I is ms.v gSg�a me �awmr.® �b eIa_.w_.e. i°ro�eaul.c_,vs.n Via..a wo.m�m.r mtassamlro m.t,�nn T�w,mn� °:a m�i%.Mme v"raI l mmyK a •• °° w+wlMaae a�aiiam°�•nom..s.t_t._In°v..,tae�me 1._.io+°m ns._..s..mn,r®.a vs n.r aA.w iwa.n . .I .me,w ,m mi°"�me nnwa'vii ne'o ue ae v w sw�n mu�nun.ms .1.®a�r m..e m nm+rx.. °"""'6A nw�.wxeetwx sw snl¢Iv Ts v CONCRETE ANCHOR gnl.u.r sn• ro a, :nabK m e-mimiv T Ogn11(mtYsf Trarslnl�bn SIGN MOUNTING DETAILS ••• � °°', ,', SMALL ROADSIDE SIGNS •'..�.�'...,.••rao.•,.°,o• ,,;^;,�°jam",TM„� TRIANGULAR SLIPBASE SYSTEM �_w. . rwr. SW(SL IP-II-08 AND WELSH ENGINEER'. CIUILINE'SPfN1ElCsab UNIT 1 DDOT SIGs UDUNnNCOEiNLS:Sulu amE aIGYS lR1ANGUIPR bl1P CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN F�Ws EXHIBIT 8 AVD CRDSSWAD(TME ]• �gl- =1-= �•muD wxDE SNP OARUNFDURkR mYW7 11 m � Name I lb000r 0:NT PIMJNC 1ALK BA41—=NDACBAY NGIE snim IDENmrADON sola w 1NERE IOGTDXJ NOTES: �E TY� y i.NpPG�g F,E BUD6D yBmHY IEy�q µF�lpgEY�fAIp�NGS�rySUNgU}L F FALX MFKWLII 6E CTHE�.M�Al9®I.Y�T16FLE lL91MYf SIR T NUfE BIALES 9V110N WNE PIANC q 2 W6Sft 6@l FAD@ OF iXE SdQI RMUE 5 A➢PLIGHLE TO IlL f' y a SCALE N.T.S. � 25 Ntl by J.PFPVLELFM NC (OF 5'pa YF£.f h)i1 TELLlS YANWL DF UINFD(JR TMFFlC BTU �4 C OEiWiC�.AND tX0(R SffJUY.AOS. N NAATIJN A. O PAVEYEM fiMmE BroRcuExn iHEWI o SroP1FNfl OF Z' NOTES: �os�L'uK v a f. S@P R�pN}ppI)pHJD CRyDSSAYNf PyA�4HFI1�IEEN�iT�HYAANINGS 9�V1}1�9E 4'SdID WNIIF� ♦ SIIC) C CHGTT M NGT.iPPPLIFD.12R NII.PflkBFO 1HEiLUOPVSNCE 9�5 a�,p-0�,c ITTP ®0 ti 2'G OAa ZAP DP C�NEAT�AW� 11HE PIASOIE!!f pOPF ANRYPg��PNgi�6591�f n'�W .4.�p�'AwyF@PopA'}AYtEP{P�IOR 111 � 1NEAYO AT�}E CPIIEKA OF iNE RGEPNAIr SMD THER'4'%THEM E�E pp®®®® D K� 32 2 1` �.DP GF Wf9 NOS 4..NOf Sf�E SfXRET 1"DM RNIIMAY 411ffAt£IFMPFPANRE 164 64F. 4 ti $g a �°D" nlo"IfLww Ami us. OA°� M. TM IK TM0.'ADSiiuu�aFsux,Ex1 xTRMrIcaLE IFo n� urLCD} V LONGITUDINAL CROSSWALK—MAIL W BVtK ORDaWAuc FOR ASPHALT ROADWAYS—SCALE:N.T,S. Z¢ e sclm WHRE stop eA4 L____�P'uFOR m�Tx '� "}11L �� HEfO4YE0 iHWPVSii y NARTALY♦'PAYEYFM pp�� �ry�[�gpq-ANK S !?EIYIEFti ECCE OF BA4�E C HEAT b➢PUm, 4f. SNP BA4 ANO T 4'. o OROaxO1K OAP 'ItIERNCPUsnc)�� SCHOOL ZONE DETAIL g m FOR ASPHALT ROADWAYS--SCALE..N.T.S. d 7 u1CLQtlPV�'Dm c�FA�iPauE'�n a p In u�Nl P�ratn�Ed A�a� 2 YAINAw LI'FROM UP OF LUIS 1 !I9 TO CRJSSYAL(PM mNtwfFNiC TIM w PL.C/56�10' a � �aa,la onv„ HIGH CONTRAST CROSSWALK-DETAIL HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS-SCALE:N.T.S: FOR CONCRETE ROADWAYS-SCALE N.T.S. L1TL'RttUECf/ BASB PNO WEtSM ENGIN�EPivC PUBLIC IMPROVEMENTS TO CAFOLINE'S MFJGH.UNrt 1 "' CORPUS CHRaD.NUECES CO..T% ROSSWANt PAVEMENT NARK STREET NAME BLADE SIGN DETAltS yam_ APPROVED REQUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES EXHIBIT 3 (STOP.YIELD.DO NOT ENTER AND (EXCLUDING STOP. YIELD, DO NOT ENTER AND Rnt x"..armim°smax a:io m°° i '� I6 WRONG RAY SIGNS$ IRONG WAY SIGHS) cm• m w R,on i o r [ S� z.slRx i.lnm nail�...i.r.envi xi>..1 u.lxiu..nm Rwi ` S,vercx xlywy umm�+4 0.0.1./noa s r,. TIELO STOP � IV E s oD NOT WRONG �3 = EO WAY TYPICAL EXAWLES P)F REWIREVENTS FOR F-R B1 E6 SPECIFIC SIGNS ONLY Eft SIZEr116 ATERIAL 46 F �vmIREYF�xrE.sveer,xa SNE[TIM REWIRGRNTs iEN[LL uEIIGEF—® xEv oIIr.cnPx�o m1 e m a.111,xF ALM"SIGN SLANRS Tx11CI0O55 h Sxii[ �[USw�eamcu REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS Uoaa.,xm,5 0. X10. -¢£ PEPAR}iXNILL WIFRILL SPEGIYIN} Itlrs SCHOOL - SPEED y; O LIMIT Jj�anL Ys.wms oa-a5m XY 20 FAVI m.wa"roM si po o[ow r>i.w Tsxml mR.xwlx. �rnprA.n..oaPLRR.i TYPICAL EXAWLES TYPICAL EXAWLES S,EETIW REWIRMNTS I.E11NG REOIIRESENTS +>Sq+,M�nioTPvnpm<Rm s[GN FAGF W1FA[IIL siGN FACE WTER[u a«RRo o G asttx x E SxE TYPICAL SIGN REQUIREMENTS { LESL,O.soRo1R5 TPE a„m�SxE �'•r. s aRRaE wnrc RN-R FLEGi1 Ew TSR(4)-13 P vzm S. .n �x&55 AND WFtSH ENGIN�ERI�NG�� PUULIC OIYPTO - -- HEIGHTS UNIT UNIT t HVECES ECO.,T% REWiREY x i NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW@aol.com TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 EXHIBIT 4 15039-PCE-12" 11/04/2021 CAROLINE'S HEIGHTS REIMBURSEMENT COST ESTIMATE 12"GRID MAIN WATER IMPROVEMENTS REIMBURSABLE BY CITY WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 3153 LF 90.00 283,770.00 2 12"CAP TAPPED FOR 2" 2 EA 3,500.00 7,000.00 3 12"TEE 8 EA 2,000.00 16,000.00 4 12"GATE VALVE W/BOX 7 EA 5,000.00 35,000:00 5 12"EL,ANY ANGLE 4 EA 1,200.00 4,800.00 6 FIRE HYDRANT ASSEMBLY 5 EA 7,000.00 35,000.00 7 6"DIA X 30"PVC PIPE NIPPLE 15 EA 800.00 12,000:00 8 6"90°EL 4 EA 1,000.00 4,000.00 9 6"GATE VALVE W/BOX 5 EA 2,500.00 12,500.00 SUBTOTAL 410,070.00 F ���t� OF TF,� ..,, 10%CONTINGINCIES 41,007.00 **•.� * SUBTOTAL $451,077.00 r N oti M.WELSH. 7.5%ENGINEERING,SURVEYING&TESTING 33.830.78 SUBTOTAL A $484,907.78 LESS WATER AGREAGE FEE,18.72 AC @$719/AC -13.459.68 TOTAL AMMOUNT REIMBURSABLE $471,448110 I I I i Page 1 of 1 DocuSign Envelope ID:24303BAE-26BD-4AOD-9 180-1 EA243127E79 EXHIBIT 5 • w DISCLOSURE OF INTERESTS Development Services Department. 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable,! answer with"NA". NAME: Cypress Point Capital LLC STREET: 61 Bar Le DOC CITY: Corpus Christi Texas ZIP: 78414 FIRM is: ❑■ Corporation ❑ Partnership ❑Sole Owner ❑Association ❑Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm". Name Job Title and City Department(if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest';' constituting 3%or more of the ownership in the above named "firm". Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee None 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant None CERTIFICATE (To Be Notarized) I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted t'o the City of Corpus Christi,Texas as changes occur. Certifying Person: George Shaheen Title: Managing Member Docublonud by, (Print) Signature of Certifying Person: F Date: Dec. 22, 2021 T58i'Ba[32299iEd5... Land Development Division I Form No.4011 Revised 6/13/19'1 Page 1 of 2 i DocuSign Envelope ID:24303BAE-26BD-4AOD-9180-1 EA243127E79 DEFINITIONS EXHIBIT 5 Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platopplication@cctexas.com a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in'the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture; receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. "Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. I i i i I Land Development Division I Form No.4011 Revised 6/13/19 1 Page 2 of 2 Water Arterial Transmission & Grid Main Reimbursement Agreement Purpose of this ordinance is to enter into a reimbursement agreement with Cypress Point Capital, LLC for the construction of a 12-inch waterline required for the proposed residential development known as Caroline's Heights Unit 1 and appropriating future trust fund revenues of $471,488.10 to fund the agreement. City Council December 20, 2022 .��, The Promenade I f »� Tie into - ®AI of ks SYa iA o °I Waterline Termination Point of New Waterline Swan Village Phase 1 Location Map . �.•� -•'",.FM 2949 f N The proposed Caroline's Heights Unit 1 subdivision �- ' will be located off PROPOSED CAROLINE HEIGHTS UNIT, #_a-,W--- FM 2444 on CR 43 l as depicted in RED. Trust Fund Balance Available Combined Trust Funds Balance as of 10/31/2022 as reported by Finance is: ($ 160,222.54) Individual Trust Fund balance break down: FUND 4030 FUND 4220 Water Arterial Water Distribution Main Wastewater Trunk Wastewater Collection Transmission &Grid Trust System Trust Line Trust Main Trust ($30,599.42) $5,277.20 ($140,843.55) $5,943.23 *Positive balances shown are to be transferred to fund River Ridge Unit 4 and Kings Landing Unit 2 Agreements Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5.1.C. FM 2444 46 M 'M U .F.., k * t r � A r 0 5001,000 Date Created:12/20/2021 Feet Prepared By:ReyR Department of Development-Services o,Q`rTo o �N N PROPOSED CAROLINE'S —FM-2444 HEIGHTS UNIT 1 N SUBJECT PROPERTY N ■_■►1■ w Map Scale: 1:5,000 s Cityf Corpus LOCATION MAP Christi se o H U NIORPORpI AGENDA MEMORANDUM 1852 One Reading Ordinance: December 20, 2022 City Council Meeting DATE: December 12, 2022 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Canvassing of Returns — December 13, 2022 Runoff Election CAPTION: Ordinance canvassing returns and declaring the results of the Runoff Election held on December 13, 2022, in the City of Corpus Christi for the purpose of electing the Council Members for Districts One, Two, and Three SUMMARY: To canvass the returns of the December 13, 2022 runoff election. Upon completion of the canvass, the election results become official. FISCAL IMPACT: Based on the most recent final actuals for the 2020 general election and 2020 runoff election, in FY 2023, staff has budgeted a conservative amount of$180,000 for the runoff election. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Mission Element: 714 Project # (CIP Only): Account: 530000 Professional Services Note: Will be paid in FY 2023. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance One-Reading Ordinance canvassing returns and declaring the results of the Runoff Election held on December 13, 2022 in the City of Corpus Christi for the purpose of electing the Council Members for Districts One, Two, and Three Whereas, the City Council of the City of Corpus Christi, by Ordinance No. 032831 on August 16, 2022,ordered and called a General Election for the election of Mayor and eight Council Members to be held on November 8, 2022; WHEREAS,the official canvass of said election reveals that none of the candidates for the offices of Council Member Districts One, Two, and Three received the number of votes required for election; and Whereas, by Ordinance No. 032921 on November 22, 2022, the City Council canvassed returns and declared the results of the General Election; Whereas, Ordinance No. 032921 declared the persons elected to serve as Mayor and in three at- large Council Member positions and the Council Member Districts 4 and 5 positions; Whereas, by Ordinance No. 032922 also on November 22, 2022, the City Council ordered a Runoff election to be held on December 13, 2022, for the election of Council Member Districts One, Two, and Three; Whereas, the Runoff election described above is herein referred to as the "Election"; Whereas, notice of said Election was given as required by law; Whereas, said Election was duly held on the 13th day of December 2022, at which said contests were presented to the voters as provided in the respective City ordinance calling the applicable Election and in conformity with the election laws of the State of Texas and the results of said Election have been certified and returned by the judges and clerks thereof; and Whereas, it is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by the Texas Open Meetings Act; and Whereas, the City Council has reviewed and investigated all matters pertaining to this Election, and finds that the said Election was in all respects lawfully held and that the City's Secretary's tally and certification of results to the Council are correct; Whereas, pursuant to section 67.004 of the Texas Election Code, two members of the governing body constitutes a quorum for canvassing the election results. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The tally of votes cast in the Election held on the 13th day of December 2022, is made and certified to by the City Secretary of the City of Corpus Christi, attached hereto as Attachment A incorporated by reference and made a part of this Ordinance as though reproduced herein in its entirety, and the same is hereby adopted as the official tabulations of the votes cast at the Election, and that said tabulations be filed and recorded in the official records of the City of Corpus Christi as the official canvass of the Elections. Section 2. The City Council has diligently inquired into the poll lists and the official Election returns which were duly and lawfully made to the City Council by the judges and clerks holding and conducting such Election with the poll lists and the official election returns showing separately the votes cast in the Election. From these returns, the City Council hereby finds that the following votes were cast in the Election by voters who were resident, qualified voters of the City. The results of the Election canvass are declared to be: Council Member, District 1 Everett Roy 797 Billy Lerma 748 Council Member, District 2 Sylvia Campos 2,210 Mark Scott 2,077 Council Member, District 3 Roland Barrera 1,255 Eric Cantu 1,202 Section 3. The City Council officially finds, determines, and declares that the Election was duly and properly ordered, that proper legal notice of the Election was duly given in the English language and the Spanish language to the extent required by law, that proper election officers were duly appointed prior to the Election, that the Election was duly and legally held, that all resident qualified voters of the City in Districts One, Two, and Three, were permitted to vote at the Election, that due returns of the results of the Election have been made and delivered, and that the City Council has duly canvassed such returns, all in accordance with the laws of the State of Texas and of the United States of America, and the separate ordinances calling the Election. Section 4. The City Council accepts and approves the returns for the Runoff Election as received and canvassed, and declares that the following persons are declared elected and may qualify for the office indicated: Council Member District One: Everett Roy Council Member District Two: Sylvia Campos Council Member District Three: Roland Barrera Section 5. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 6. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 7. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Section 8. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 9. This Ordinance shall be in force and effect from and after its final passage and it is so ordained. Section 10. The necessity of making an official canvass of votes and declaring the results thereof immediately in order to meet the requirements of State Law and the City Charter, and the need for efficient and effective administration of the City's affairs, creates a public emergency requiring the suspension of the City Charter rule that no ordinance be passed finally on the date of its introduction but that such ordinance shall be read at two regular meetings of the City Council, and the Mayor having declared that such emergency exits, having requested the suspension of the City Charter rule that this ordinance be finally passed on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 20" day of December 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith Pursuant to Section 67.004 (a) of the Texas Election Code,two members of the governing body constitutes a quorum for canvassing the election results. PASSED AND APPROVED on this the December 20, 2022 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on December 20, 2022, canvassing the returns and declaring the results of the Runoff Election held on December 13,2022,which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,on 12022. City Secretary (CITY SEAL) ATTACHMENT A (TO BE INSERTED) so �o o� A v µoRPORP�g4 AGENDA MEMORANDUM 1852 City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Elsy Borg stedte,C.M., Assistant Director of Aviation Elsyb@cctexas.com (361) 826-3682 Briefing to City Council on Operations at the American Bank Center STAFF PRESENTER(S): Name Title/Position Department 1. Elsy Borgstedte, C.M. Assistant Director of Aviation CMO OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Daniel Melise General Manager OVG 360 ISSUE: The American Bank Center (ABC) is a city-owned sport, entertainment, and convention venue. The facility was previously managed by a professional management company, SMG. On June 1, 2022, the City and SMG executed an amendment to the management agreement ending SMG's services on June 30, 2022. The City entered into a management agreement with Global Spectrum, L.P. dba OVG360 for the professional management of the ABC beginning on July 1, 2022. OVG 360, a division of the Oak View Group (OVG), is a full-service venue management and event programming company built on the foundation of truly putting our clients first. Founded in 2015 by Irving Azoff, Tim Leiweke, with Madison Square Garden Entertainment, OVG 360 has one simple goal—to provide venues with customized services that produce results. In addition, OVG has award-winning culinarians and food services & hospitality teams strive to deliver the best accommodations, highest-quality amenities, and premium food and beverages to guests across North America. The goal is to provide exciting and memorable experiences that lead visitors to return time and time again. OVG annually serves more than 250,000 events and 40 million guests across different venues. OVG was selected based on its extensive experience in operating and managing significant venues around the world, in the United States, and in major venues in Texas. Including several years of experience in the Coastal Bend Region while managing the Solomon P. Ortiz International Center and Richard M. Borchard Regional Fairgrounds. In addition, OVG is the only operating service venue management company in the United States that provides food and beverages to its clients in-house. On July 1, 2022, operations at ABC transitioned to OVG to provide full-service venue management, event programming, hospitality, catering, and beverage services. Daniel Melise, General Manager of OVG 360, will provide a briefing to Mayor and City Council at the December 20, 2022, City Council meeting on improvements to the American Bank Center and action items. BACKGROUND: OVG has managed the American Bank Center for a total of 190 days. During the transition period from July 2022 to September 2022, OVG conducted various meetings with ABC stakeholders to identify the different audiences, concerts, events, and beautification projects the American Bank Center could attract and work towards in the near future. Since then, they have executed a variety of action items including employee assessment and training, meeting with the Mayor and City Council, and meeting with clients, local and regional stakeholders. In addition, identifying capital repairs required, assessment of equipment throughout all the ABC facilities, emergency repairs, and creating new catering and concessions opportunities. LIST OF SUPPORTING DOCUMENTS: Presentation —American Bank Center"Venue by the Bay" AmericanBank*r0 C E ISI T E R j - arena•convention center•selena auditorium p'`y r IN VENJJ6 s� *VG360 Ts ` tl y ' - u�- �-q, �;�, r, ,y a _ __ +.-..4 _ ,.'y •lid .qty k:r. '�1 � F� � n _. -` �4 1 - /' iC� y About Oak View Group ®VG 360 OVG r ,;_;fality nVC', 360, a division of the Oak View IVC', Hnsnitalit, award-winning Group, is a full-service venue culinarians and food services & hospitality management and event programming teams strive to deliver the best company built on the foundation of truly accommodations, highest-quality putting our clients first. Founded in 2015 amenities, and premium food and by Irving Azoff, Tim Leiweke, with Madison beverages to guests across North Square Garden Entertainment, America. We know that exciting, OVG 360 has one simple goal—to provide memorable experiences lead visitors to venues with customized services that return time and time again—and because produce results. Our services are we annually serve more than 250,000 unrivaled and designed to deliver events and 40 million guests, we're the unprecedented results. experts in making experiences great. �7ENJE Meet the Team \7ENTE Daniel Melise _ Cynthia Woods General Manager General Manager OVG OVG r f y �Vif I rM �y 1 Pilo "1 .Y 1 r' Darryl Heather Teresa Conville Nick Ustruck r' Meadows -` Director of Finance Executive Chef Breymeyer Director of VP of CC Sales Et Event Services a. Operations Jeff Butcher Travis Gallier DeAnna Richarte Joey Trevino Director of Operations Director of Global Partnerships Director of Marketing Booking Manager JO KRY New Events / WORLD TOUR Announcements ►American Bank Center Arena R 41"Annual Coastal Christmas, Dec. 19-23 "" ` ' ► Jo Koy, Sun, Jan. 29 ip Theo Von, Fri, Mar. 24 FOR KING+COUNTRY ► For King + Country, Sun, Apr. 16 ` ►American Bank Center Selena Auditorium ► Aaron Lewis, Sat, Jan. 28 �► Incubus, Mon, Jan. 30 h Lyle Lovett Fri, Feb. 10 R f PART 11 CORPUS CHRISTI,TX ► The Thorn Sat, Mar. 18-19 0 m16 AMERICAN ANK CENTER Theo Von Fri, Mar. 24 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 4t" Annual Coastal Christmas Monday, December 19th - Friday, December 23rd ► 2nd Year Offering Sensory Ice-Skating Session F �t ► Partner with Local DJs for Late Night Skate ► Partner with Visit CC on Announcement and Event Table Set Up , ► Christmas Themed Family Friendly Event >>, ► Holiday Refreshments from OVG Hospitality *" Free Pictures with Santa and Other Holiday Characters Digital Online Ticketing for 2nd year in a row Easy Stress-Free Check Out r. Successful Events American Bank Center Arena ► Gabriel "Fluffy" Iglesias, Thu, Oct. 6 IT , j ► Reba McEntire, Sat, Oct. 29 ► Disney on Ice "Into the Magic," Nov. 3-6, 6 shows American Bank Center Selena Auditorium Bert Kreischer, Fri, Sep 16 Dwight Yoakam, Fri, Oct. 14 American Bank Center Convention Center New Wave Xpo, Oct. 22 ► TCOLE, Oct. 24-27 ► NAFSA, Nov 6-9 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Marketing ► Enhanced VIP Door Entry Experience ► Updated OVG Hospitality Points of Sale Designs ► TV Segments Highlighting Live Event Shows w► Working Closely with Launch of New Website ' ► Implementing Venue by the Bay ► Updating Venue Imagery on New Website Local Community Advertising Partners a 1w Coastal Bend Blood Center ► Concrete Street Icehouse Coastal Bend Wellness Foundation The U.S.O x \ 5 -�._ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Communit Outreach 4, ► Safe Zone Certification arena 1 convention center i selena auditorium i ► Coastal Bend Blood Center Donations ► Coastal Christmas F Reindeer Run 5k Sponsor 10, Sensory Friendly Ice-Skating Session Percentage of Ice-Skating Proceeds - Bikes for Kids Open Skate Session for Ronald McDonald House Ft additional Non-Profit Organizations - Parks and Recreation Holiday by the Bay New Business Initiatives Arena Football Convention Sales Conferences VI IT Visit Corpus Christi Tourism Academy Ambassador Program 4 Quarterly Sessions k COPOPU Intro to Destination Management and Development ' CHIZI Industry Trends and Best Practices Regional Tour Current Projects ► Landscape Architectural Design and Installation ► Parking Et Mobility Service Implementation ► Park Mobile ► Parking Gates ► New Equipment Needs Kitchen Equipment � ► Smallwares 0- Security Loading Area Gate Suite Terrace a a y h� Food and Beverage RevenuE OVG Hospltahty OVG HOSPITALITY GROSS NUMBERS $900,000 $800,000 $764,824 $700,000 $600,000 $500,000 $400,000 $355,859 $386,225 $373,8 $300,000 $135,789 $200,000 $100,000 July August September October November All OVG Hospitality Income is part of the American Bank Center Operating Fund. Current Local Food & Beverage Partnerships v Current Partners — Local Businesses and Local Franchisees ' Comanche Cafe DRIFTWOOD — e COFFEE CO aCHEF;8E,} KB0 e CURBS, B R E W I N G C O. VEN�TE More to come! r 4 Facility Assessment Approximately $40 million to $50 million wx preliminary estimate, MMM6 without inflation, for American Bank Center repairs and H" improvements. 7 I 1 Electrical/Lighting Facility Assessment Envelope and Roof .� Enclosures Facility Assessment ► Food Service Equipment ► Original equipment in the facility is nearing the end of its useful life expectancy New equipment have better features and are energy efficient �1 r n C r - f II I 1 Ali i {t{U / ffff 5112 Facitity Assessment ~ Mechanical// Plumbing y � / ; .� ■� . : < . . > . . z �n f • y, se o H U /ry1OHPOHPt EO AGENDA MEMORANDUM 1852 City Council Meeting December 20, 2022 DATE: December 16, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361 .826.3622 Update - Coastal Bend Council of Governments STAFF PRESENTER(S): Name Title/Position Department 1.Tammy Embrey Director, Intergovernmental Communication and Relations Intergovernmental Relations ISSUE: The City of Corpus Christi is a member of the Coastal Bend Council of Governments and council requested an update on the organization. BACKGROUND: The Coastal Bend Council of Governments consists of 11 counties and 33 cities and serves as a critical point of gathering for many different programs. Staff will give the Council an update on the latest issues being worked on at the COG. LIST OF SUPPORTING DOCUMENTS: Sc o° a o� A H U /ryONPHPt EO AGENDA MEMORANDUM 1852 City Council Meeting of December 20, 2022 DATE: December 20, 2022 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Planning Director Daniel Mc(aD-cctexas.com 361-826-7011 MPO Update STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn Director Planning BACKGROUND: Update following the Metropolitan Planning Organization (MPO) Transportation Policy Committee meeting held on December 1, 2022.