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Agenda Packet City Council - 12/12/2023
o',A-)5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday, December 12,2023 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) 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 Father Thomas Bartz, St. Nicholas Greek Orthodox Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Zachary Tarske, Junior at Harold T. Branch Academy. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. SECURITY BRIEFING F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-4) 1. 23-2006 Staff Announcement: Kimberly Miller, Assistant Director of Aviation 2. 23-1934 Airport Progress Update, Presented by Kevin Smith, Director of Aviation Department 3. 23-1935 Marina Progress Update, Presented by Jonathan Atwood, Marina City of Corpus Christi Page 1 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 Manager 4. 23-1963 FY 2023 4th Quarter Budget Report and Budget Initiative Update G. 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. H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 23-1908 Committee for Persons with Disabilities (1 vacancy) Corpus Christi Aquifer Storage and Recovery Conservation District (4 vacancies) Ethics Commission (1 vacancy) Watershore and Beach Advisory Committee (5 vacancies) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 6 -19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 23-2004 Approval of the December 5, 2023 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances City of Corpus Christi Page 2 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 7. 23-1936 Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC. for Fire Station 8 Replacement Project in an amount up to $290,000.00 and authorizing the use of the power of eminent domain, if needed, to acquire the property. sponsors: Engineering Services and Fire Department 8. 23-1724 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on November 7, 2017, to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. sponsors: Development Services 9. 23-1726 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. sponsors: Development Services 10. 23-1923 Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47-acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47-acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for $10 and development of affordable housing. sponsors: Planning and Community Development Department Consent- Contracts and Procurement 11. 23-1893 Motion authorizing execution of a three-year service agreement with U.S. TelePacific Corp, dba TPx Communications, of Austin, for$206,150.00 for internet circuit services, with FY 2024 funding of$57,455.50 from the Information Technology Fund. sponsors: Information Technology Services and Finance &Procurement 12. 23-1874 Resolution authorizing the acquisition of 70 vehicles and equipment by various departments, of which 64 units will be outright purchases and six units will be lease-purchases through JPMorgan, for$6,103,079.31, with City of Corpus Christi Page 3 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2024 funding of$3,889,322.63 and the remaining balance of$2,213,756.68 for the lease-purchase items to be funded through the annual budget process. sponsors: Asset Management Department and Finance & Procurement 13. 23-1876 Motion authorizing execution of Addendum No. 12 to the master service agreement with MCCi, LLC, of Tallahassee, Florida, for Laserfiche support, maintenance, and services for a three-year term and future auto-renewable terms possible, in an amount not to exceed $364,184.87, with FY 2024 funding of$115,522.56 from the Information Technology Fund. sponsors: Information Technology Services and Finance &Procurement 14. 23-1902 Motion authorizing execution of a five-year rental agreement with UBEO, LLC of Pharr, Texas, with an office in Corpus Christi, in an amount not to exceed $2,078,478.00, through the DIR Cooperative, for the lease of Ricoh copiers to be utilized by various City departments, with FY2024 funding in the amount of$311,771.70 from various funds. sponsors: Finance &Procurement 15. 23-1937 Motion authorizing the execution of a one-year supply agreement with two additional one-year options, with Core & Main, LP., of Corpus Christi, Texas, to purchase service saddle taps for the Corpus Christi Water Department in an amount up to $146,240.00, with a total potential amount up to $438,720.00 if the two additional option years are exercised, with FY2024 funding in the amount of$146,240.00 available through the Water Fund. sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects General Consent Items 16. 23-1941 Resolution authorizing a one-year agreement with two additional one-year options with Coastal Bend Air Quality Partnership for an Air Quality Programs Agreement to address issues related to air quality in an amount of$25,000 annually with funding for FY2024 from the General Fund Budget. Sponsors: Health Department Consent-First Reading Ordinances 17. 23-1953 One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off City of Corpus Christi Page 4 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). sponsors: Development Services 18. 23-1901 Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial 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). sponsors: Development Services 19. 23-1695 Ordinance authorizing execution of Amendment#1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. Sponsors: Information Technology Services, Public Works/Street Department and Finance &Procurement K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20-28) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 23-1898 Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. sponsors: Economic Development 21. 23-1880 A Resolution of the City Council of the City of Corpus Christi, Texas; Approving and Authorizing the Execution of a Development Agreement Relating to the Whitecap Public Improvement District No. 1; and Resolving City of Corpus Christi Page 5 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 Other Matters Related thereto. Sponsors: Economic Development 22. 23-1911 Motion authorizing amendment No. 3 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), Planning Commission, and City Council, in the amount of $190,100.00 for a total amount not to exceed $3,943,700.00 and extending contract end date to December 31, 2024, with FY 2024 funding available in the Development Services and Corpus Christi Water. Sponsors: Development Services 23. 23-1925 One-reading ordinance annexing a 19.41-acre section of County Road (CR) 22 located between CR 51 and CR 43; annexing approximately 84.368 acres of land per owner petition near the southwest corner of CR 22 and CR 49 and rezoning 82.89 of the 84.368 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; and annexing 80.00 acres of land per owner petition at the southwest corner of CR 22 and CR 49 and rezoning the 80.00 acres from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District; providing for a penalty not to exceed $2,000 and publication; and approving related service plans. Sponsors: Planning and Community Development Department and Development Services 24. 23-1952 One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 25. 23-1889 Resolution authorizing an agreement with City of CC SSN-705 Submarine Memorial, Inc for placement and maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park. Sponsors: Parks and Recreation Department 26. 23-1903 Motion awarding a construction contract to Clark Pipeline Services, LLC., Corpus Christi, Texas, for the Ship Channel Waterline and Gas Line Crossing Rebid project implemented as a part of the Port of Corpus Christi Ship Channel widening and deepening, with Port of Corpus Christi reimbursing 50% of the project cost, located in Council District 1, in an amount of$11,926,133.40, with FY 2024 funding available from the Water and Gas Capital Fund. Sponsors: Engineering Services, Contracts and Procurement and Water Utilities Department City of Corpus Christi Page 6 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 27. 23-1921 Motion awarding a construction contract to Anderson Columbia Co., Inc., of Corpus Christi, Texas, in an amount not to exceed $13,452,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $26,904,000.00 for the resurfacing of arterial/collector streets as planned in the FY 2024 Rapid Pavement Program located city-wide with funding available through Street Fund, Storm Water, Wastewater, Water and Gas Capital Funds. Sponsors: Engineering Services, Contracts and Procurement and Public Works/Street Department 28. 23-1895 Resolution requesting the transfer of Leopard Street (IH-37 Frontage Road to Water Street) from the Texas Department of Transportation to the City of Corpus Christi, located in City Council District 1. Sponsors: Public Works/Street Department N. BRIEFINGS: (ITEMS 29-30) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 29. 23-1972 Briefing on the City's Raw Water and Treated Water Contracts. Sponsors: Corpus Christi Water 30. 23-1959 Briefing on the Request for Interest for Development near the Former Lamar Elementary Site & Nearby Neighborhood Parcels Sponsors: Planning and Community Development Department O. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 31) The Appeals will proceed using the following format: a. Requestor's presentation of appeal(up to three minutes)(Requestor subject to questioning) b. Explanation of applicable law c. Staff Response to requestor's complaint about errors of board d. Council Action- Three options: 1. Deny the appeal(uphold the Building Standards Board's decision) 2. Sustain the appeal(reverse the Board's decision) 3.Amend the Board's decision(in whole or in part) 31. 23-1962 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structure located at 1214'/2-20 N. Staples Street owned by Priscilla Tryon Cambric. Sponsors: Development Services P. EXECUTIVE SESSION: (32) City of Corpus Christi Page 7 Printed on 12/11/2023 City Council Meeting Agenda-Final-revised December 12,2023 PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 32. 23-2007 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Texas Public Information Act, Texas Government Code §§ 552.001, 552.003, and 552.233, and other open government and archival obligations of Texas law Q. ADJOURNMENT City of Corpus Christi Page 8 Printed on 12/11/2023 ccilg- Corpus Christi International Airport CCIA Airport Update City Council December 12, 2023 Key Performance Indicators CCI A Corpus Christi �A International Airport Serving the most annual passengers in our Annual Passengers per FY 400,000 _... history350,000 325,099 342,301 354,429 lit • 354,429 for FY2o23 300.000 265,967 -..... • +7.30/OYTD over FY201250,0009 208,307 200,000 150,000 100,000 5°,000 2020 2021 2022 2023 Cost per enplanement reduced by 37% Cost per Enplanement A lower CPE puts CCIA in a stronger $16.00 position than competition to attract $15.00 and retain airservice. $14.00 • This is a result of lowering $13.00 expenditures, increasing existing $12:00 revenues, and finding new sources of $11.00 revenue other than airline fees. $io:oo $9.00 2020" 2021 2022 2023 2 Parking utilization at an all-time high Parking Revenue.10 Year(Gross in$M) F�= S30 • $2.91M in FY2023 s2s $z° sz° szs $2.2 223 52.3 42.3 • October 2023 is highest month on 52O record ,s 31.6 $1 4 • Awarded $Zoo,000+ in free parking 51O to disabled veterans, in accordance .as s. with industry and state best FY14 FY15 1Y16 FY FY18 - FY20 -1 FY22 F practices Revenue per Year suoao,000 Airport revenue at an all-time high VM5 Highest ratio of non-airlinerevenue, minimizing ourfinancial °„need from airline fees andthereby lowering CPE • Controlled expenditures while increasing revenues to yield =--- highest net revenue all 9=4 016 2011 2018 2019 0ID 021 2022 0 3 Ke Project S of l i h t s CC! A Corpus Christi Key � � ��A International Airport A^ Master Plan Terminal Rehabilitation Coffman and Associates, along with Completing a 3-year, $25 Million Terminal subcontracted firms, will map out the Rehabilitation program that is go%funded by FAA. future of CCIA overthe next 25 years. • Jet Bridges • Expansion of terminal, parking, or • Windows airfield infrastructure • Restrooms • Solar energy and microgrids • Outdoor Patio • Wertiport, UAS, Urban Air Mobility • Backup Emergency Power Fire Control Panel Rental Car Return Entrance _ 4 Ke Project S of l i h t s CC! A Corpus Christi Key � � ��A International Airport Air Service Development Restaurant Improvements Met with over 20 airlines and Renewed contract with Tailwinds which hosted 5 site visits within the last includes $1.6M in private investment for year. • Fly Local Campaign with 89 physical improvements total pledges, l6,o00 • Salty Oak BBQ individuals • Island Joe's Coffee • Competitive Air Service • Nueces Brewing Co. Incentive Program • Made in Corpus Christi • Air Service Task Force _ Amazon Just Walk Out 5 Terminal roof and PVC . . . . replacement . . r ^� WIN h r� MEM- KAM + r, OE71 � Aur Hangar Demolition • Hangar One required an estimated $8M to repair due to concrete spalling, - foundation failures, and unsafe deterioration to structure. • Clearing this hangar creates new opportunities for development in a prime location on the airfield. r iII ��p Vii U.11 Run the Runway _ p� 108 ` 4� 4. , m CHRIST! tf, • Third year of event � .__ -r (COVIDbreakforzozo—zozz) • Estimated $6,goo raised to lad F, benefit USO South Texas • Event contributors also included 4 361 airport stakeholders and tenants • 851 Participants • 7485K Runners • 1-031K Runners `516 50 S95 507 g i AM - NP r a t t •� IO t S � 76 - RF. cc!A /I TXU Rebate Corpus Christi International Airport • Enrolled in voluntary TXU Reduction Rewards program for the month of August 2023. The program allowed us to Reduction Actions: earn bill credits for reducing energy • Worked with natural light, usage when grid demand is high. turned off un-needed power. • Increased thermostats to 75 degrees. • The airport and tenants voluntarily • Added motion sensors to reduced energy consumption by greater lighting in rooms with than 25% during requested periods. minimal traffic. • Restricted chilled water flow • Rewards totaled $28,982.75 for the to portions of the building. month. Questions? ccild- Corpus Christi International.Airport 11 ;SII Yi yk�ei b`+ corpus Christi MARINA Jonathan Atwood Marina Manager City Council Briefing �a ,�,� December 12, 2023 Marina Total Project Cost • Dock A, B, C, D, L Replacement and Dredging $22 Million • New Peoples Boardwalk $11 Million • New Haul Out Facility and Marina Office $7 Million • New Coopers L Head Boater Facility and Parking Lot Resurfacing $6 Million • Marina Master Plan $260,000 Total for Marina Improvements $46 Million New Coopers L Head Boater Facility and Parking Lot Resurfacing • Design started Summer 2023 Facility Amenities • Public restrooms (6 stalls/2 urinals) • Estimated design completion • Tenant restrooms with showers (4) Spring 2024 • Large meeting room (765 Sqft) • Currently 50% complete • Laundry room (233 Sqft) • Work room (249 Sqft) • Storage room (545 Sqft) ,r n a z3 a� NEW —^— .... i of i t {Y<I jffd(64t� uudu 3SAa. � � IF IP77 467 � VI !1 mrd PP A4 � 1 Haul Out Facility and Marina Office • Design started Summer 2023 Facility Amenities • Marina Office (1,192 Sqft) • Estimated design completion Retail/Marine vendor space (944 sqft) Spring 2024 • Staff breakroom (411 sqft) • Currently 50% complete Conference room (231 sqft) • Storage for travel lift (1,290 sqft) • Workspace (1,229 sqft) • Equipment storage (1,431 sqft) e t�d3 't y \l d ���elP r.� ,>n Sf...�t ::� ft t itis.-:ir,.� � jf .i i.,�i.,,, .:: .� "fit tit Zvi I� „�,. wm4 __, _. .. _ .r -� � �. � �� � � s- � � � r .. �, '.. � �� MMI � ��� �,. ,�„,. _. �. �,� � "' i►� �' r q, ., a t+m � G G ry,,��� .� � -- r .� �` i r�„+., �►. �,�,�,r �r� e � ,;� ... �,'� � n� � � re. 8 �;�a� ... �y. r e AA k Peoples Boardwalk • Project will replace the wood structure boardwalk with a concrete structure • Design of new boardwalk is at 100% and currently finalizing bid documents and project phasing • Pending USACE Permit _ r.^ r ,E r a, Al / [ IIs ff fin ll' —� .. �3= �` .d".. �1l1I!a n. - ig A 14, i i a I n m _ e ; 2 t ESE 4 .x a a GW�'� Marina Project Timeline Design RFP Released Design Completed Spring 2021 Winter 2021 !� Design Contract USACE Permitting Approved 2022-Spring 2023 Dock A,B,C,D,L Summer 2021 Replacement Construction RFP Construction Released Started Spring 2023 Fall 2023 Construction Under Construction Contract Scheduled for Approved Completion Summer 2023 Summer 2025 Completed In Process 12 Marina Project Timeline Currently in Design Design RFP Released Scheduled for Completion Coopers L Head Spring 2023 Spring 2024 Boater Facility and Parking Lot Resurfacing Design Contract Approved Summer 2023 Currently in Design Design RFP Released Scheduled for Completion Spring 2023 Spring 2024 Haul Out Facility and Marina Office Design Contract Approved Completed ® Summer 2023 In Process 13 Marina Project Timeline Stakeholder Meetings Design RFP Released &Community Survey Spring 2023 Fall 2023 Marina Master Plan m,,,,,,, m, ,�1�... .0 .. ro Design Contract In Design Approved Completion Scheduled Summer 2023 Spring 2024 Design&Project Boardwalk Phasing Complete Design RFP Structure Design Pending USACE Released 100%Complete Permit Spring 2022 Spring 2023 Winter 2023 Peoples Boardwalk W.11 Op 10,11,11, -VIE, *=="==== Design USACE Permitting Contract Process Started Completed 0 Approved Summer 2023 In Process Summer 2022 corpus christi MARINA �Qus CL, 5 o �P, puiiogq io7�ii�IIQI,�, �` uulll I CO �NCORppRA�Q' y852 1I101Y, 2023 Preliminary Year End Budget & Financial Report December 12, 2023 Presentation Overview i, 11111111116'lllllllll 1111116 HB nM 2022-2017 ► I I I IIIIIIIIV_ I b ADOPTED ` �I Illoulllq SII II OPERATING II mllllllllp I IIIIIIIIII, III BUDGET Preliminar Fri l� �U613 Year-End Flo 00 CRYC NAGER financial update since budget MANAGER PETER ZANONI • adoption on September 6, 2022 ,,r r All figures presented today are preliminary/unaudited • r - 2 FY 2023 Annual Comprehensive Financial Report iomiiiill March IIII li� Ill�i��� ear-end Com p I eted ear-End Audit Begins December October 2023 20 • • - • 3 ��Nauclitecl Budgeted Actuals ' IIII Property Tax q ��I plgill IIIIIIIV 9I •2M $98.7M Sales TaxII��I.8 IIMII $69.8M $71.2M III Solid Waste $44.1M $44.1M $44.6M Franchise Fees and Other IgM $42.6M $41.6M Taxes � m Public Safety $15.1M $16.9M $17.3M Interfund and $12.1M $12.1M $12.OM Intergovernmental Municipal Court $5.5m $6.3M $6.7M Recreation Revenues $3.2M $3.OM $3.OM Other Revenues $16.3M $18.1M $20.8M �� • - • Public Safety $i�uii l6.'�Ir�:IijjISI viii lll�l110 $154.3M jjI ,.Solid Waste 35 � �� $33.0M $31.OM Streets �91.8M $39.6M $39.3M General Government $31.1M $29.3M $27.6M Other 1101§1113M $27.2M $27.2M Parks & Recreation $21.9M $21.5M $20.9M Library $5.9M $5.8M $5.7M Health $5.3M $4.8M $4.5M Animal Care Services $4.3M $4.OM $4.OM Planning & Community Dev $2.2M $1.9M $1.6M 1� Carry Forward Encumbrances $OM $OM $14.3M +a.-cFY 2023 Beginning Fund Balance .......... $113 .1 M -W-M W� - CITY -A! "reve $ 315 . 9M FA nues ��IIIIIIIII� FY 2023 Ex� � �� �� '� • 4 General F ����������� Balance '6- FY2023 Ending Fund Balance �$ 98. 6M 6 FY 2023 Budget Initiatives (All Funds) ➢ 127 Budget initiatives totaling $39.1M ➢ 116 of the 127 initiatives are on schedule or c9 II leted IIIIIIIIIIU ILII I IIIIIpll6 Ili. ➢ 11 initiatives are behind schedu11 111111IIII Ip II,,;;;�IIIIII V�, q IIIIIIIIIII IIIIII IIIA, • Economic Development Director I I I SII, Illlllllo • Flour Bluff Dog Park IuouUll • Overall Park improvements ($2M) • Swantner Park lighting - parking lot • North Beach infrastructure • McGee Beach infrastructure �I�IIIIIIIIIIIIIIIII dl!IP • Tourist District vehicle • Pedestrian mobility and safety projects • Airline and Ocean intersection median improvements • Ocean Drive sustainability program Q • Traffic signal / infrastructure installations (Airline @ Ocean, Staples 9 Barry) v HOT Tax Revenue FY 2023 Budgeted $19 . 3 17&70 1111of I ��� 21 . 0M 111�� �� � oll, ��IIIIIIIII� 1 Conven HOT Tax Expenses I Arts tion $2.6 M 1 Ce$7.6nte �IIIIIIIIII, N a I 12% Other : • • • 14 36/ $1.6 M i $is 11 t • - $20.4 M CVB Beach $20.9 M $7.1 M 2.0 M • 34% 10% Water Fund Revenues $135.8M $141 .7M $144.OM g FY 2023 FY 2023 • r IIIUIIUIl �Jjjllll Budgeqty fsti mat IIII s 1 � ._ �- � ill I ilulll Illllllu��. IV Expenses ��54AM $146.5M $146.5M _ FY 2023 FY 2023 2023 Actua Is w/ Budgeted Esti matEncumbrances 9 Wastewater Fund Revenues - $81 .3M $82.1M $83.6M FY 2023 FY 2023 FY 2023 Budgeted Esti matte Actuals Expenses Orr $81 .9M $77 .8M $76.1M i. FY 2023 FY 2023 FY 2023 Actua Is w/ CIPWCn- Budgeted Esti mat Encumbrances 10 Ending Less FY24 Net- Reserve Balance Utilized Ending .I Policy Amount jg�ira n ce General Fund $98.6M $ 01jl ���������� 71.6M $61.4M (20%) I ouiulm Water Fund $48.2�iiiii q� 1°��� � �I iiiui��lll b $45.3M $36.2M (25%) Wastewater Fund 3711Mll� �oi�ll�llllllllu�� 0 37.OM 19.7M 25% Storm Water Fund $141�oiiml $2.31M $12.OM $5.8M (25%) Gas Fund $6.8M $0 $6.8M $8.4M (25%) HOT Fund $6.1''' 1 $2.9M $3.2M No Reserve Policy SHOT Fund $4.2M $0 $4.2M No Reserve Policy Street Maintenance Fund $15.3M $7.4M $7.9M No Reserve Policy Residential Street Fund $32.3M $0 $32.3M No Reserve Policy Capital Improvement • ' - Program ➢ Bond 2022Projects) I. One p e pllllllllun Illi construction IIIIII II • IIIIIIIIIII '1I IIII 11 h11111111 111) projects are under design ➢ �I nd 2020 (42 Projects) _ Twenty-three (23) projects are completed and twelve (12) are ' under construction 4 ���IIIIIIIIIII,, Three (3) projects will be under construction by December 2023 ---- and two (2) will be under construction by February 2024 Remaining two (2) projects are "design only" and are currently under design Summary • General Fund unaudited results are consistent with projections • HOT revenues are higher than budgeted • Water and Wastewater revenues slightly higher than projected • Water and Wastewater expenses on track with projected amounts • CIP Projects being delivered on schedule overall o • City remains in financially strong position U 13 NEXT STEPS February 2024: ➢15Y Quarter Budget & Financial Report March 2024: ➢Annual Comprehensive Financial Report � (AGER) finalized �i ,4 COMMITTEE FOR PERSONS WITH DISABILITIES One(1)vacancy with term ending 2-1-2025.(The Committee for Persons with Disabilities recommends the new appointment of Kristina Arellano). Duties The Committee for Persons with Disabilities provides a program to encourage,assist and enable persons with disabilities to participate in the social and economic life of the City;to achieve maximum personal independence;to become gainfully employed;and to enjoy fully and use all public and private facilities available within the community. Composition Nine(9)residents of the city who shall be appointed by the City Council. The membership of the committee shall be composed of individuals with disabilities and representatives of agencies and organizations functioning within the committee's area who are interested in the provision of services to persons with disabilities and others who are interested in the abilities and specific needs of persons with disabilities,subject to Council approval. The Human Relations Administrator,Director of Parks and Recreation,and Building Official shall serve as ex-officio non-voting members. The Chairperson of the Committee for Persons with Disabilities shall serve as an ex-officio voting member of the Human Relations Commission. Creation/Authority Meets Member Size Term length/limit Liaison Chapter 2,Article IV,Division 23,Code of 1st Wednesday of the month at 3:00 p.m., 9 2 years/6 years Nora Vargas Ordinances;Ord.No.024364(2/13/01) City Hall City Council Chambers Name District Term Appt.date End date Appointing Authority Position Status Kelsey M.Dahlbeck District 2 1 2/28/2023 2/1/2025 City Council Resigned Imelda M.Trevino District 5 1 2/8/2022 2/1/2024 City Council Active Angela Brengman District 2 Partial 7/19/2022 2/1/2024 City Council Active Melanie R.Gomez District 2 3 7/17/2018 2/1/2024 City Council Vice-Chair Active Susan Depoliti Tower District 2 Partial 5/9/2023 2/1/2024 City Council Active Sandra L.Flores District 2 1 2/28/2023 2/1/2025 lCity Council Active Olivia Allan District 4 1 2/8/2022 2/1/2025 City Council Active Jennifer Scott District 2 2 3/30/2021 2/1/2025 City Council Chair Active Ashley P Voggt PhD District 4 1 2/28/2023 2/1/2025 City Council Active Human Relations Administrator N/A N/A N/A Ex-Officio,Non-voting Active Building Official I N/A N/A N/A Ex-Officio,Non-voting JActive Parks and Recreation Director N/A N/A N/A I lEx-Officio,Non-voting IActive 12-12-2023 COMMITTEE FOR PERSONS WITH DISABILITIES Applicants Name District Status Kristina A.Arellano District 3 Applied Sonya M. Durrwachter District 1 Applied Michelle Jones District 4 Applied Rachel M. Pittman District 4 Applied Bernice Rubio I District 2 jApplied CITY OF CORPUS CHRISTI Submit Date: Apr 25, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kristina A Arellano _ First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78415 City -----_—_---- ---_-- State _---- _ _ Postal Code What district do you live in? V District 3 Current resident of the city? r Yes r No If yes, how many years? 29 Primary Phone Alternate Phone Freelance ASL-English Self _ Interpreter Employer Job Title Work Address-Street Address and Suite Number 2918 Besterio Dr. Work Address- City Corpus Christi Work Address- State TX Work Address-Zip Code 78415 Vrictin!a A Arollann Work Phone 3615109353 Work E-mail address Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) MA-Interpretation Studies and Communication Equity (2019) - St. Catherine University, St. Paul, MN BA- Sociology (2004) -TAMUCC AA-Sociology (2002) - Del Mar College AAS- Interpreter for the Deaf (2001) - Del Mar College ASL-English Certified Interpreter(Texas BEI: Master& National Registry of Interpreters for the Deaf: NIC). Initially earned interpreter certification in 2001. Board of Trustee for Corpus Christi Area Council for the Deaf (Deaf and Hard of Hearing Center, 5151 McArdle Rd.) Since 2002, instructor in the HS setting until 2012,then began with Del Mar College as adjunct in 2016. Full time faculty with DMC from 2019 until May 19,2023. 1 will be transitioning back to interpreting work full time after this semester. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Accessibility for all citizens is a human right and I hope to be part of the changes our City can make to provide that accessibility to all individuals. I believe our City can become a model for other cities to follow with regards to accessibility for citizens. Upload a Resume Vrictinn 0 Arnllnnn Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Vrictinn A Arnllnnn Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Vrictinn 4 Orollnnn City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Vrictinfa 0 Orrilinnn Kristina Flores Arellano (361) 510-9353 +:+ Professional Interpreting Experience Texas BEI-Certified: Master Registry of Interpreters for the Deaf: NIC • Deaf and Hard of Hearing Center: Community/Educational Interpreter,Jan. 2012 to Feb. 2016, Full-time; Community Interpreter, Fall 2018 to Present, Part-time o Served as a mentor to students both during their internships and beyond to encourage and assist in becoming certified. o Lead Interpreter for DHHC's group of interpreters working in Laredo ISD schools, Sept. to May 2015. ■ Helped Deaf Education teachers with scheduling and ensured all interpreters submitted time sheets and invoices in a timely manner. Covered (as much as possible) for interpreters who had schedule conflicts arise. Kept the team informed of school district events and assisted in training interpreters for the STAAR (state-mandated testing). • Sorenson Communications: VRS,VRI, and Community Interpreter, Dec. 2012 to Present, Part-time o Attended several workshops offered by Sorenson to continue improving skills and overall mental and physical well-being. o Enrolled in Sorenson's Language Mentorship Program (LMP) and was paired with Mr. Anthony Natale for a 6-week period to assistance with use of space while interpreting. • Aspen Camp for the Deaf& Hard of Hearing: Summer 2011 -6 weeks, Full-time volunteer o One of two certified, full-time interpreters who lived on site to work with deaf, hard of hearing, and hearing staff and campers. o Helped organize schedule for interpreters to make sure all activities were covered. o Interpreted activities and events both at Aspen Camp and on trips to surrounding towns. • Bay Area Communications Interpreting Agency: 2001-2002, Part-time o Educational interpreting at the community college level. o Submitted invoices in a timely manner. • Del Mar College Interpreter Training Program Internship: Spring 2001, Part-time o Educational interpreting with Texas BEI certified interpreters as mentors. This 96-hour internship included a week-long assignment at the Texas School for the Deaf for students who were mainstreamed to an Austin area high school. General Interpreting Qualifications & Continuing Education Communicates effectively in American Sign Language, English, and signed English, both written and verbally. Knowledgeable about Deaf culture,the NAD-RID interpreter's Code of Professional Conduct and adheres to those ethical standards. Able to work well and relate to a myriad of individuals: professionals, students, staff, parents, and guardians. Able to work well under pressure, independently, and consistently maintain confidentiality. Also keeps personal appearance professional. Able to maintain required CEUs including Project CLIMB (Cultivating Legal Interpreters from Minority Backgrounds) and "Foundations" training with Betty Colonomos. 1 .. Kristina A.Arellano- 2 Related Experience-Teaching Experience Certified Texas Educator: Secondary(6-12)American Sign Language Effective Date: 08/10/2005 valid through 10/31/2023 • Del Mar College: Instructor, Fall 2019 to Present,Full-time;Adjunct Instructor, Fall 2016 to Spring 2019, Part-time o Taught lecture and skills classes in person and online for students pursuing Certificates of Deaf Studies,Associate in Arts Degrees,and Associate in Applied Science Degrees in Interpreting for the Deaf o Classes Taught: ■ Introduction to the ■ Visual/Gestural Interpreting Profession Communications ■ Intralingual Skills ■ Introduction to the Deaf Development for Interpreters Community ■ Interpreting I ■ Interpreting Internship ■ Interpreting II ■ Interpreting III • American Sign Language Teacher at Flour Bluff High School from August 2002 to May 2012 o Taught ASL 1, 2,and 3 and co-sponsored an ASL Club in which students were highly involved in the Corpus Christi Deaf Community Teaching Qualifications Created new and followed inherited course materials and teaching methods that received an excellent response from students. Successfully taught diverse groups of students and was able to modify according to IEP and 504 accommodations. Skilled in evaluating needs and developing student-focused teaching strategies,materials (using many forms of technology),and lesson plans.Proficient in motivating,involving, and leading students to achieve classroom goals. Provided a well-balanced educational experience, which included a real-world perspective to learning and exposure to topics such as multiculturalism in Deaf and hearing communities, diversity, power, privilege, oppression, as well as opportunities for extracurricular activities in the local Deaf Community.Worked effectively to resolve personality conflicts amongst students and maintained high levels of respect and student discipline.Able to maintain required CEUs. Education • May 2019 - Received M.A. Interpretation Studies and Communication Equity from St. Catherine University, St. Paul, MN • August 2004 - Received B.A. Sociology from Texas A&M University, Corpus Christi o 3.897 GPA- Magna Cum Laude -4 semesters on Dean's List- Member of Alpha Kappa Delta: Sociology Honor Society • May 2002 - Received A.A. Sociology from Del Mar College, Corpus Christi, TX o 3.85 GPA-6 semesters on Dean's List- Member of Phi Theta Kappa Academic Honor Society • May 2001 - Received A.A.S. Interpreter for the Deaf from Del Mar College, Corpus Christi, TX Other Certifications/Affiliations • Registry of Interpreters for the Deaf: Certified Member • National Association of the Deaf: Regular Member • Texas Society of Interpreters for the Deaf: Certified Member • Texas Association of the Deaf: Regular Member • Deaf and Hard of Hearing Center: Board of Trustees Member CITY OF CORPUS CHRISTI Submit Date:Apr 10, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr. Sonya M Durrwachter Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r Yes r No If yes, how many years? 27, 21 of those consecutive Primary Phone Alternate Phone Calallen ISD__ -------__ _ Director__of Special Education Employer Job Title Work Address-Street Address and Suite Number 4205 Wildcat Dr. Work Address- City Corpus Christi Work Address-State TX Work Address -Zip Code 78410 nr Cnnxia NA rlr rrr%Arnrhtor Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I am currently the Special Education Director at Calallen ISD and a Lecturer/Adjunct in the College of Education and Human Performance, Department of Teacher& Bilingual Education at Texas A&M University-Kingsville. I am also a board member for Family Counseling Service. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I desire to give back to the community in which I live while assisting and empowering individuals with disabilities to participate fully as citizens of Corpus Christi. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No r)r Cnnvn NA r)i trr1Ainrhtnr Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender PF Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. I didn't see a spot to indicate this but my husband is employed as a Fire Captain with CCFD. Board-specific questions (if applicable) r)r Cnnvm NA rli irrMnrhtnr Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree r)r Cnnvn AA [N irnninrrhtor Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree nr Cnnxin AA rli irr%A1nrhtor SONYA M. DURRWACHTER 14513 Spau,!_ .u Christi,TX 78410*(361)726-2149 SUMMARY STATEMENT am an educational leader with twenty-one years of experience in the field of special education. I am a versatile professional with experience in the general and special education classroom, as a campus assessment staff leader, and as a district leader. I have experience overseeing and managing staff on multiple campuses while ensuring adherence to federal and state requirements. I have experience planning and executing staff development in the areas of special education, leadership, and McKinney-Vento. EDUCATION Texas A&M University- Kingsville Kingsville, Texas Ed.D. in Educational Leadership December 2017 Dissertation: Educational Diagnostician Shortage: Perceptions of Educational Diagnosticians and Special Education Directors on Recruitment and Retention Stephen F.Austin Nacogdoches, Texas Principal Certification 2011-2012 Texas A&M University- Corpus Christi Corpus Christi, Texas MS in Special Education— December 2007 Diagnostician Certification Education Service Center—2 Corpus Christi, Texas Teacher Certification Program 2002-2003 Texas A&M University- Corpus Christi Corpus Christi, Texas AACSB Accredited May 2000 BBA in Accounting with a minor in Economics PROFESSIONAL EXPERIENCE Calallen ISD Corpus Christi, Texas Director of Special Education August 2013— Present McKinney Vento& Foster Care Liaison January 2016— Present o Direct and manage special education program to meet students' needs while ensuring compliance with local, state, and federal requirements. o Plan, allocate, and maintain the necessary resources for the special education program. o Responsible for annual federal and state/local budget for special education. o Obtain additional grant funding through the Evaluation Capacity Grant. o Manage the special education referral process. o Supervise and monitor the admission, review, and dismissal (ARD) process. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. o Evaluate assessment staff members. o Evaluate campus administrator (using T-PESS). o Participate in the recruitment and retention of special education staff. o Ensure compliance with state and federal requirements for students who are homeless, unaccompanied minors, and in foster care. o Review and revise Special Education Operating Procedures. o Streamline paperwork and procedures to ensure compliance with state and federal requirements and facilitate smoother transitions between general education and special education and between campuses. o Review and revise paperwork and procedures for McKinney-Vento to ensure compliance with state and federal requirements. o Present on Special Education and McKinney-Vento topics districtwide to all staff. o Ensure that students are appropriately identified for McKinney-Vento eligibility. Special Education Coordinator August 2010—August 2013 o Monitor compliance with local, state, and federal requirements. o Review and request necessary resources for the special education program. o Manage the special education referral process. o Monitor the admission, review, and dismissal (ARD) process. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. Educational Diagnostician August 2008—July 2010 • Calallen Middle School Educational Diagnostician (August 2008—June 2010) • Calallen East Primary School Educational Diagnostician (August 2009—June 2010) o Conduct initial evaluations and reevaluations within state timelines and determine student eligibility according to federal and state regulations. o Conduct classroom observations and interviews. o Coordinate admission, review, and dismissal (ARD) committee meetings and ensure they are run in compliance with local, state, and federal requirements. o Serve as a resource for staff, teachers, parents, and students for the special education program including providing professional development to the campuses. Texas A&M University— Kingsville Kingsville, Texas Lecturer/Adjunct August 2022-Present o Instruct students in various courses in the College of Education and Human Performance, Department of Teacher& Bilingual Education o Fall 2022 0 EDSE 5366— Individual Psychological and Educational Testing o Spring 2023 0 EDSE 5361— Educational and Psychological Measurement and Evaluation 0 EDSE 5367—Assessment of Individuals with Severe Disabilities o Evaluate and grade student coursework, assignments, and papers in accordance with school policy; provide effective feedback to students. Tuloso — Midway ISD Corpus Christi, Texas Teacher July 2002— May 2008 • High School Math Resource Teacher (July 2004—May 2008) • Speech & Debate Coach &Teacher (July 2005— May 2008) • Assistant High School Girls Soccer Coach (November 2006—March 2008) • Middle School Life Skills Teacher (July 2002— May 2004) • Attendance Committee Member (2005—2008) • Site Based Committee Member (2005—2008) • Senior Class Sponsor (2006—2007) o Plan, prepare, and deliver lesson plans to facilitate active learning. o Instruct and monitor students. o Use technology to support learning and differentiated instruction. o Manage student behavior by establishing and enforcing rules and procedures in accordance with the rules and disciplinary policies of the school. Sonya M. Durrwachter o Provide appropriate feedback to students. o Maintain accurate and complete records of students' progress for both the report card and the progress/objective monitoring. o Update all records accurately and completely as required. o Participate in department, school, district, special education, and parent meetings. o Provide a variety of learning materials for use in educational activities. o Serve as a case manager for special education students including monitoring students' grades in all classes, serving as a resource for other teachers, contacting parents, and participating in ARD meetings. Kelly Services Corpus Christi, Texas Substitute Teacher— Tuloso Midway ISD April 2002— May 2002 • Substitute Teacher for all campuses Belukus Marketing, Inc Bryan, Texas Accountant June 2000—March 2002 • Developed accounting system for three sister companies • Accounts Payable/ Receivable • Payroll • Account and bank reconciliation • Manage multiple bank accounts • Process foreign funds payments • Develop cost formulas to assist in pricing of merchandise HONORS ORGANIZATIONS • Golden Key International Honour Society(lifetime) • The Honor Society of Phi Kappa Phi (lifetime) CERTIFICATIONS • Classroom Teacher 0 Mathematics (Grades 4-8) 0 Generic Special Education (Grades PK-12) 0 English as a Second Language Supplemental (Grades PK-12) 0 All Level Health (Grades EC-12) 0 All-Level Physical Education (Grades PK-12) 0 Secondary Speech Communications (Grades 6-12) 0 Secondary Business Administration (Grades 6-12) • Educational Diagnostician (Grades EC-12) • Principal (Grades EC-12) • Crisis Prevention Institute Instructor • Texas Principal Evaluation &Support System (T-PESS) PROFESSIONAL MEMBERSHIPS • Council for Exceptional Children • Texas Council of Administrators of Special Education • Texas Educational Diagnosticians'Association VOLUNTEER EXPERIENCE Grace United Methodist Church Corpus Christi, TX • Safety Policy Administrator 2020-Present • Sunday School Teacher 2012-2013 &2015-2021 • Governing Council 2015-2019 Sonya M. Durrwachter Family Counseling Services Corpus Christi, TX • Board of Directors 2020-Present TRAININGS PRESENTED • Numerous presentations vonducted at Calallen ISD on special education and McKinney Vento topics; List available upon request TRAININGSICONTINUING EDUCATION List available upon request REFERENCES Available upon request Sonya M. Durrwachter CITY OF CORPUS CHRISTI Submit Date: Nov 27, 2023 Application for a City Board, Commission, Committee or Corporation Profile Michelle _ Jones First Name Last Name Email Address Street Address Corpus Christi TX _ _ 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? (J District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 20 Self Employed @ Peaceful Heart Massage_______ M_assage_&Aquatics T_herapist___ Employer Job Title Work Address-Street Address and Suite Number 3738 Nahid Court Work Address- City Corpus Christi Work Address- State ---------------- TX Work Address-Zip Code 78418 Michelle Jones Preferred Mailing Address __------------ V Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a Nueces County registered voter? ------------------ ----------- r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) See Resume If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) ----------- Only applying for one Why are you interested in serving on a City board, commission or committee? As a parent of a person with disabilities, a business owner who focuses on people with disabilities, and the founder/board president of a nonprofit that serves individuals with disabilities I believe I have a lot to offer the committee in terms of knowledge and experience. As a member I would hope to leverage that knowledge and experience to help make Corpus Christi the most accessible and inclusive city in America! -------------------------- Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Michelle Jones Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Michelle Jones Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Michelle Jones Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. l hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. PF I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Michelle Jones MICHELLE JONES, LMT 3738 Nahid Court - Corpus Christi, TX 78418 361.834.6545 EDUCATION • Hands On Approach School of Massage and Spa: Licensed Massage Therapist (LMT) - 2012 • Mott Community College: Licensed Vocational Nurse (LVN) - 1992 WORK EXPERIENCE • Peaceful Heart Massage: 2012 to Present o Self Employed: Provides contract massage and aquatics therapy to individuals with disabilities through the Community Living Assistance and Support Services (CLASS) Program under the Texas Department of Health and Human Services • Valley Independent Living (VaIL): 2010 to 2012 o Advocate/Relocation Specialist: See below for job description • Coastal Bend Center for Independent Living (CBCIL): 2002 to 2010 o Advocate/Relations Specialist: Provided education on community program options for people with disabilities seeking independent living arrangements. Implemented decision making by (1) conducting assessments, (2) developing transition plans, (3) coordinating non-medicare services, (4) locating suitable housing, (5) assisting with the application for public benefits, and (6) coordinating logistics of move in o CBAD Coordinator: See below for program description TRAIN ING/CERTIFICATON • Texas Partners in Policymaking: 2003 o Leadership training program organized by the Texas Council for Developmental Disabilities (TCDD). It is designed to empower adults with developmental disabilities (DD) and family members of people with DD to become effective advocates for policy change. • Coastal Bend Advocacy Development (CBAD) : 2002 o Educational opportunity for individuals with disabilities and their allies. Session topics include barriers faced by individuals with disabilities that include housing, transportation, education and employment. Current policy and legislative issues are explored and opportunities to advocate as individuals and peers are part of the CBAD experience. VOLUNTEER WORK • Wings of Texas, President & Founder: 2014 to Present o A 501c3 nonprofit organization that works to help individuals with disabilities access community events throughout the Coastal Bend. Primary programs include adaptive running, cycling, and bowling. Organization also hosts annual events (Spirit of the ADA Community Advocacy Awards; Captains Ball Special Needs Dance; Hero's Challenge physical mobility 1k; Teddy Bear Ride to Driscoll Children's Hospital; etc) aimed at supporting the disabilities community and making the Coastal Bend a more inclusive place to live, work, play, and learn! • Flour Bluff Special Olympics Booster Club, President & founder: 2012- 2015 o Program nested within Special Olympics Texas to raise restricted funds for the support of the Flour Bluff Special Olympics progam • Special Olympics Texas - South Texas Area, Coach: 2012-2014 o Special Olympics is the world's largest sports organization for children and adults with intellectual disabilities providing year- round training and activities to 5 million participants and Unified Sports partners in 172 countries AWARDS/ACCOLADES • KRIS 6 News Angel of the Month: October 2023 • Spirit of the Americans with Disabilities Act Parent Advocate Award: 2003 CITY OF CORPUS CHRISTI Submit Date: Nov 09, 2023 Application for a City Board, Commission, Committee or Corporation Profile MRS RACHEL M PITTMAN Prefix First Name Middle Initial Last Name Email Address Street Address CORPUS CHRISTI TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 5 Reemp_DSD-Inc OWNER/P_RESIDENT Employer Job Title Work Address-Street Address and Suite Number 13941 KETCH ST Work Address -City CORPUS CHRISTI Work Address -State TX Work Address-Zip Code 78418 NADC DA('Wrzl KA DITTNADnI Work Phone 3614298587 Work E-mail address REEMPDSD@GMAIL.COM Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity(Present) BACHELOR DEGREES IN BUSINESS ADMINISTRATION AND ORGANIZATIONAL LEADERSHIP FROM COLUMBIA SOUTHERN UNIVERSITY. OWNER REEMP DSD INC IN CORPUS CHRISTI TX If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) WATERSHORE AND BEACH ADVISORY PADRE ISLES MANAGEMENT CONVENTION AND VISITORS PARKS AND REC COMMITTEE FOR PERSONS WITH DISABILITIES Why are you interested in serving on a City board, commission or committee? LIVING ON THE ISLAND, WE ARE HEAVILY INVESTED IN OUR COMMUNITY. IT IS MY INTENT TO CONTINUE THAT ENDEAVOUR TO MAKE OUR COMMUNITY BETTER FOR EVERYONE. JOINING A BOARD, ALLOWS ME ANOTHER OPPORTUNITY TO GIVE BACK AND TO HELP CONTINUE MAKING OUR CITY EVEN BETTER FOR EVERYONE. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No AADC DA(`Wrl AA DITTAAAnI Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes P No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No AADC DA(-14M AA DITTAAAnI If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore& Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Verification KADC RA(`Wr:l AA DITTKAAnI City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree NADr- RA('WM AA DITTAAAnI CITY OF CORPUS CHRISTI Submit Date: May 23, 2023 Application for a City Board, Commission, Committee or Corporation Profile Bernice Rubio --- ----------------------------------- First Name Last Name Email Address Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 63 Primary Phone Alternate Phone Corpus Christi Independent Teacher-Vocational Training School District Teacher ---- ---- --- - ----- --- -- ------------------ Employer Job Title Work Address- Street Address and Suite Number 4402 Castenon Work Address- City Corpus Christi Work Address- State Texas Work Address-Zip Code 78415 Rorniro Rr rhin Work Phone 361-878-7960 Work E-mail address bsrubio@ccisd.us Preferred Mailing Address P1 Home/Primary Address Which Boards would you like to apply for? COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Bachelor of Science in Occupational and Vocational Training -Corpus Christi TAMUCC, Early Childhood Associates- Del Mar College If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Committee for Special Needs-disabilities Housing Why are you interested in serving on a City board, commission or committee? committee Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Rornir,n Di chin Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender q Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No Rorni(-n Dichin If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree Rarniro Qi ihin City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Rorniro Ri ikin CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT Four(4)vacancies with terms ending 12-31-2027(Historically,City Staff has served on the board.City Manager PeterZanoni is recommending appointment of the following positions:Director of Planning(currently held by Dan McGinn),Chief Operations Officer of CCW(currently held by the Interim COO Andrew Molly),Deputy Director of Airport(currently held by Tyler Miller),and Assistant Director of CCW(currently held by Nick Winkelmann). Duties The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. Composition Five(5)directors appointed by the City Council to serve four-year staggered terms.If a vacancy occurs on the board,the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council.The initial directors shall draw lots to determine which three(3)directors shall serve four-year terms that expire at the end of the calendar year four years after the effective date of the Act,and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the Act. Creation/Authority Meets Member size Term Length Liaison H.B.3513 effective 6/18/05. On Call 5 4 Years Maria Corona Name Term Appt.date End date Appointing Authority Position Status Dan McGinn 2 7/9/2015 12/31/2023 City Council President Eligible for reappointment Amber Oetting 1 9/14/2021 12/31/2023 City Council Resigned Sharon Lewis 1 2/26/2019 12/31/2025 City Council Vice-President Resigned Michael Murphy 1 9/14/2021 12/31/2025 City Council Resigned Jeffrey Edmonds 1 2/26/2019 12/31/2025 City Council Secretary Active 12-12-2023 ETHICS COMMISSION One(1)vacancy with term ending 9-30-2026.(Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission,in addition to having jurisdiction over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the code of ethics and make appropriate recommendations to the city council;review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities.The chairperson or any three(3)members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year.The date of the annual meeting shall be in September.The commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full council.Nominations are to be solicited from a wide variety of professional and community organizations in the city,but interested individuals may also submit their names for consideration.Members shall hold office for three-year terms commencing October 1.No holding over is permitted except as expressly provided in the Code of Ethics.The commission shall elect a Chairperson and a Vice-Chairperson. Creation/Authority Meets Member size Term length/limit Liaison Section 2-320,Code of Ordinances;Ordinance 3rd Thursday of the month,5:30 p.m.,City 9 3 years/6 years Diamond Gallegos No.20781,9/19/89,Ord. 023460,10-13-98; Hall,Fifth Floor-ACM Conference Room. Ord.No.024614-10/9/01. Appointing Name District Term Appt.date End date Authority Position Status Sulakshana Modak District 5 1 9/5/2023 9/30/2026 City Council Resigned David J.Bendett District 4 1 1/14/2020 9/30/2024 City Council Active Laura M.Commons District 2 1 9/14/2021 9/30/2024 City Council Active Kamlesh Bhikha District 1 Partial 5/9/2023 9/30/2024 City Council Active Kent L.Teague District 3 1 9/13/2022 9/30/2025 City Council Active Dane F.Fuller 1 District 5 11 9/13/2022 9/30/2025 lCity Council 1 Chair lActive Trevor H.Mauck District 2 1 9/13/2022 9/30/2025 City Council Active Ed Bennett District 5 2 9/15/2020 9/30/2026 City Council Active Rick Barrera District 5 1 19/5/2023 9/30/2026 City Council Active 12-12-2023 ETHICS COMMISSION Applicants Name District Status Kimberly K. Ballenger District 5 Applied Adam R. Copeland District 5 Applied Vanessa M. Garcia District 3 Applied Candace S. Hart District 4 Applied Kristen Heslip I District 3 jApplied CITY OF CORPUS CHRISTI Submit Date: Nov 28, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Kimberly K Ballenger_ Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? " V District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 52 Self Employed_ _ Owner Employer Job Title Work Address- Street Address and Suite Number 8205 Radial Court Work Address- City Corpus Christi Work Address-State Texas Work Address-Zip Code 78414 AArc Vimhnrlxi V R!nIlonrror Work Phone (361) 331-7864 Work E-mail address Kimberly@TacticsMatter.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? r• Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity (Present) AAS Management Development, BBA General Business, MPA Criminal Justice, Certificate in Homeland Security, Certified Firearms Instructor (NRA& USCCA) and Rotary Club of Corpus Christi. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I have a genuine love and commitment to this community and I truly want to see it thrive and become the best to can be for generations to come. Now that my youngest son has left for college and we are a Proud Aggie Family I now have the time to do my part to work in this community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No KArc! VirnhinrIx/ V PnIlonnar Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No AArc Vimhorixf V Pniinnnor If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes T No Verification hArc llimhorlxi V Pn1lnnnor City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree hArc Vimhnrix/ V R�Ilonnor K imb K.KBallenger EXPERIENCE OCTOBER 2020-PRESENT Owner of Tactics Matter, LLC Corpus Christi,TX Serve as the visionary leader responsible for the overall direction and growth of Tactics Matter which demands an in-depth knowledge of firearm regulations and industry standards, strong leadership skills and a commitment to quality. As a certified firearms instructor I have very strong communication and interpersonal skills that allow me to teach to diverse audience with a passion for teaching and empowering women in a supportive environment. ADDRESS DECEMBR 2003-PRESENT 8205 Radial Court Real Estate Investor/Property Manager with K.K. Ballenger Investments, LLC Corpus Christi,TX 78414 Corpus Christi,TX Responsible for overseeing and managing properties and implementing PHONE strategies to maximize returns.This multifaceted role requires strong financial analysis, excellent negotiation, communication, ability to make strategic 361.331 .7864 decisions and adapt to changing market conditions. EMAIL APRIL 2003-MAY 2023 Stay At Home Mom Various Duty Stations within the United States Managed all aspects of the Ballenger home, ensuring the well-being, education and support of our two children, balanced finances, upkeep of the AFFILIATIONS home, developed strong organizational and multitasking skills in a dynamic and ever changing environment as the wife of a United States Naval Officer. Gold Star Wives of America, Inc. September 2008 JANUARY 2009-JANUARY 2023 Volunteer with Boy Scouts of America Military Officers Association of Corpus Christi,TX America, Inc. September 2008 Contributed to the development and enrichment of children and young adults through the scouting programs.This role involves fostering character National Rifle Association development, leadership skills and outdoor experiences in a supportive and June 2014 educational environment. I served as Den Leader, Pack Activities Chair, Pack Rotary Club of Corpus Christi Treasurer,Cubmaster, District Membership Chair,Assistant District Trainer, June 2023 Committee Chair, Recruiter, Committee Chair, Unit Commissioner, Shooting Sports Committee Member, District Eagle Board Chair and served on the Corpus Christi Aggie Moms Council's Executive Board. August 2023 EDUCATION Certificate in Homeland Security Texas A& M University -Corpus Christi,TX December 2020 Master of Public Administration: Criminal Justice Texas A& M University- Corpus Christi,TX December 1997 Associate in Applied Science: Management Development Del Mar College-Corpus Christi,TX December 1995 Bachelor of Business Administration Texas A& M University- Kingsville,TX December 1993 CITY OF CORPUS CHRISTI Submit Date:Jul 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Adam R Copeland First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code What district do you live in? V District 5 Current resident of the city? r Yes r No If yes, how many years? 6 Primary Phone Alternate Phone Lexington Baptist Church- Senior Pastor___ Employer Job Title Work Address-Street Address and Suite Number 3525 SPID Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78415 AtInm R r'nnolnnrl Work E-mail address adamykim@gmail.com Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) B.A. in Biblical Studies; M.A. in Cross-Cultural Ministry; M.Div. in Missions. Veteran-United States Marine Corps. Why are you interested in serving on a City board, commission or committee? I want to take an active role in serving our community and ensuring that our leaders are held to high moral standards. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Are you a current candidate in an election for a non-city public office? r- Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Arinm 0 r`nnolnnrl Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? ------------ r Yes r• No Do you,your spouse, your business or your spouse's business have a City contract? r Yes P No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Arinm R (`nnolnnrl Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJJ I Agree Arinm D r`nnnlnnr4 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. fJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. (J I Agree ArInm R (`nnninnd CITY OF CORPUS CHRISTI Submit Date:Jul 04, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa M Garcia First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? V District 3 Current resident of the city? r Yes r No If yes, how many years? 12 Primary Phone Alternate Phone Talen Energy- Barney Davis EnergyCenter Engineer__-__- — --- — .... --- - ------ Employer Job Title Work Address -Street Address and Suite Number 4301 Waldron Rd Work Address- City Flour Bluff Work Address- State Tx Work Address-Zip Code 78418 \/mnocc-3 NA (=nrrin Work Phone 3619395032 Work E-mail address Vanessa.Garcia@talenenergy.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor's Degree in Electrical and Computer Engineering from Baylor University, 15 years total engineering experience in coal fired power plants, and natural gas fired combined cycle power plants, If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1) Ethics Commission, 2) Planning Commission Why are you interested in serving on a City board, commission or committee? Any governing body is prone to corruption without proper checks and balances. I would like to be part of the community voice at the table. One of my mentors once told me, "You don't to complain if you're not willing to put any skin in the game". So this is me putting skin in the game. I would like to learn from the community leaders around me. I want to learn how the city boards and commissions function; and I would like to be part of the group that helps shape the direction of this city. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Vnnncca AA No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NSA Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No \/nnocca AA (_arrrin Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a registered voter? r Yes r No Verification \/nnnccn KA (,nrnin City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. rJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree \/anncca KA (_nrrrin CITY OF CORPUS CHRISTI Submit Date: Nov 22, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms. Candace S Hart Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 8 Retired HS Librarian N/A Employer Job Title Work Address-Street Address and Suite Number N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences AAc 1-nntAnrro C Wart Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity (Present) BS- Pratt University, Brooklyn NY School Library Certification -Queens College, Charlotte NC MA- UTDallas- Richardson TX New Neighbors League of Corpus Christi, Past President Texas Retired Teachers Association San Antonio Retired Teachers Association, Past Executive Board member Past Library Board member, vice-chair and chair. Why are you interested in serving on a City board, commission or committee? I am a concerned citizen who believes that ethics needs to be enforced in our government. i applaud the service of individuals who are willing to step up and become involved in their community and I have always tried to be one of these people. I consider myself to be a citizen with high moral and ethical values and who believes in the values and promises of our constitution. I vote in every primary and general election because I see this as a requirement to be a good citizen. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics KAc ('nnrinro C Wart Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) KAc r'nnr nr-n C Hart Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement -Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree AAc ('nnrinrro C Wart Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers,from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree KAc (`nnrJnro C Wart CITY OF CORPUS CHRISTI Submit Date: Nov 07, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kristen Heslip -------------------------- ----------------------- First Name Last Name Email Address Street Address Corpus Christi TX 78417 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 40 Refinery Terminal Fire_Companv Dispatcher _--- Employer Job Title Work Address-Street Address and Suite Number 1001 McBride Ln Work Address- City Corpus Christi Work Address- State Texas Work Address-Zip Code 78407 Vricton uo�rn Work Phone 361-885-7000 Work E-mail address Kristen.Heslip@rtfc.org Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: do not currently serve on any city boards or committees. I do serve as Luncheon Chairperson with Junior League of Corpus Christi Education, Professional and/or Community Activity (Present) Graduated from Mary Carroll High School in 2001. 2005 -911 Emergency Dispatcher with The City of Corpus Christi 2013 -911 Dispatch Supervisor with the City of Corpus Christi 2017-Crisis Management Dispatcher Refinery Terminal Fire Company Leadership Corpus Christi Class 52 Volunteer with Big Brother Big Sisters of The Coastal Bend Junior League of Corpus Christi active member If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Port of Corpus Christi Authority 2. Ethics Why are you interested in serving on a City board, commission or committee? Serving on either board allows me to contribute directly to the betterment and well being of our community. I feel serving on a board can be a valuable learning experience which allows me to gain insights into local governance, decision making processes and community dynamics. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Vricf an Wnclin No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r• No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Na Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Vric+ton Wnchn Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Vricton Wiaclin Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I•J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. P I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. r"J I Agree Vricton Wnclin 5622 Escondido St Corpus Christi TX 78417 361-779-3665 HESLIP, KRISTEN R. OBJECTIVE To use my diverse skills to transcribe data from voice or paper copy onto a computer document. PROFESSIONAL TRANSCIPTION ACHIEVEMENTS Transcription Foundations VOLUNTEERING Fundraising for American Heart Association 2020-2022 Big Brothers Big Sisters of Coastal Bend Junior League of Corpus Christi Corpus Christi Professional Women for Good LEADERSHIP Certificate : Supervision Skills BMGT 1018 Certificate: Empower,Coach and Honor Staff BMGT 1003 Certificate: Recognize Employees Each and Every Day Certificate:An Effective Leader's Guide to Time Management Certificate: Build Win-Win Relationships With Your Team Certificate:Valuing Diversity Certificate:Succeed as a Supervisor Certificate:Supporting Employees SKILLS Use of Microsoft Programs;Word, Excel, PowerPoint and Outlook Ability to communicate well through writing Ability to communicate face to face Ability to maneuver different computer programs Great Customer Service Manages time well on a day to day basis Leadership Able to collaborate with different teams and/departments Adapts easily to change Problem Solving Fundraising Skills Types 45+words per min Responsible employee WORK HISTORY CRISIS MANAGEMENT DISPATCHER, REFINERY TERMINAL FIRE COMPANY, CORPUS CHRISTI,TX 2/6/2017 -Present 911 DISPATCH SUPERVISOR,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI, TX 2/5/2012—2/5/2017 911 DISPATCHER,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI,TX 2007-2/5/2012 911 CLERK,CITY OF CORPUS CHRISTI POLICE DEPARTMENT,CORPUS CHRISTI,TX 2/5/2005-2007 CUSTOMER SERVICE REP, FIRST DATA ENTERPRISES,CORPUS CHRISTI,TX 08/2004-2/2005 CUSTOMER SERVICE REP,GLOBE LIEF INSURANCE,OKLAHOMA CITY,OK 06/2003-07/2004 CUSTOMER SERVICE REP,APAC CUTOMER SERVICE,OKLAHOMA CITY,OK 05/2003-06/2003 CUSTOMER SERVICE REP,APAC CUTOMER SERVICE,CORPUS CHRISTI,TX 05/2001-05/2003 CASHIER, MELROSE FASHIIONS,CORPUS CHRISTI,TX 09/2001-01/2002 EDUCATION HIGH SCHOOL DIPLOMA, MARY CARROLL HIGH,CORPUS CHRISTI TX, 1996-2001 GPA:3.0 REFERENCES KYLE CHARLES Dispatcher, Refinery Terminal Fire Company 608-217-0110 ANNAMELLY ORTIZ Police Officer,Austin Community College 361-815-3153 Page 12 Heslip, Kristen R. WATERSHORE AND BEACH ADVISORY COMMITTEE Five(5)vacancies with terms ending 12-11-2025,representing the following preferred,but not required categories:1-Enviromentalist,1-CVB Member, 1- Engineer and 2-At-Large. Duties The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits:the waterfront,the beaches,and the natural bodies of water,including,but not limited to:Gulf of Mexico,bays,rivers,and creeks,excluding the Marina area as defined by Section 2-264. Composition Nine(9)members appointed by the City Council for two-year terms.Membership in one or more of the following categories is preferred but not required:Scientist,i.e., Marine Biologist,Engineer,Environmentalist,owner or representative of a hotel or condominium located on North Padre Island or Mustang Island,and a board member of the Corpus Christi Convention&Visitors Bureau.The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. Creation/Authority Meets Members size Term length/limit Staff Liaison Section 2-80,Code of Ordinances,Ord No.027408, 1st Thursday of every month at 9 2 years/6 years Martha Lawhon 9/11/07;Ord.No.027523,12/11/07; Ord.No. 5:30 p.m.,6th floor conference 029985,10/22/13;Ord.032058-3-17-2020 room City Hall Appointing Name District Term Appt.date End date Authority Position Status Category Attendance Seeking 8/9 meetings-89% Philip J.Blackmar District 4 Partial 9/13/2022 12/11/2023 City Council reappointment (1 excused absence) Seeking 7/10 meetings-70% Ruben Macias Jr. District 5 1 12/7/2021 12/11/2023 City Council reappointment (3 excused absences) Seeking 9/10 meetings-90% Harrison A.McNeil District 4 12 1/14/2020 12/11/2023 lCity Council Vice-Chair reappointment Environmentalist (1 excused absence) Met the six-year Meredith Darden District 2 3 12/19/2017 12/11/2023 City Council Chair service limitation CVB Met the six-year Philippe Tissot District 2 3 12/19/2017 12/11/2023 City Council service limitation Engineer David S.Zill District 4 1 1/24/2023 12/11/2024 City Council Active Armon D.Alex District 3 1 1/24/2023 12/11/2024 City Council jActive Scientist Scott A.Lawson District 5 1 8/31/2021 12/11/2024 City Council lActive Dr.Larisa A.Ford District 4 2 1/14/2020 12/11/2024 City Council jActive 12-12-2023 WATERSHORE AND BEACH ADVISORY COMMITTEE Applicants Name District Status Category At-Large Philip J. Blackmar District 4 Seeking reappointment Engineer Glenn A. Duhon Jr. District 3 Applied At-Large Robert L. Garza II District 5 Applied At-Large Janie Gifford District 4 Applied At-Large At-Large Seneca D. Holland District 2 Applied Scientist At-Large Corpus Christi Convention and Kathryn Hyatt District 1 Applied Visitors Bureau Member Ruben Macias Jr. District 5 Seeking reappointment At-Large At-large Scientist Harrison A. McNeil District 4 Seeking reappointment Environmentalist Rachel M. Pittman District 4 Applied At-Large Britne G. Vinson District 1 Applied At-Large CITY OF CORPUS CHRISTI Submit Date: Nov 06, 2023 Application for a City Board, Commission, Committee or Corporation Profile Philip J Blackmar _ First Name Middle Initial Last Name Email Address Street Address Suite or Apt Corpus Christi TX 78418 — — -- ------------ ------------ City State Postal Code Primary Phone Alternate Phone What district do you live in? " V District 4 Current resident of the City of Corpus Christi? ------------ r Yes r No If yes, how many years? 29 H_DR _ ________-- Coastal_Project Manager, PE_–_ Employer Job Title Work Address- Street Address and Suite Number 555 N Carancahua, Suite 1600 Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78401 Dhilin 1 RlarLmar Work Phone 361-696-3311 Work E-mail address philip.blackmar@hdrinc.com Preferred Mailing Address V Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Science, Ocean Engineering,Texas A&M University, Graduated May 2011 Master of Science, Civil Engineering, Oregon State University, Graduated June 2013 Professional Engineer, Texas, No. 126679, Issued: 05/25/2017 (also registered in FL, VA, and Oklahoma) Coastal Engineer/Project Manager, HDR,July 2013 to Present Coasts, Oceans, Ports, and Rivers Institute—Texas Chapter Executive Committee Member(2019-Present) American Shore and Beach Preservation Association Member(2013-Present) Why are you interested in serving on a City board, commission or committee? With the exception of leaving to obtain a Bachelors and Masters degree, I have been a life long resident of Corpus Christi and I have been an avid fisherman and surfer from a very young age, pushing me to study the local beaches and bays for my own recreational purposes. This same passion drove me to pursue an education and career in coastal engineering through which I have developed a thorough understanding of the forces and processes in which our coastlines and beaches are shaped. In addition my profession has helped acquaint me with the permitting requirements that accompany this type of work. As a long time resident of Corpus Christi that visits and recreates on our beaches nearly daily I have a desire to serve on this board. Further, my knowledge and experience through both my personal and professional life give me a unique and deep understanding of our beaches and coasts which will be a valuable asset to this committee. Upload a Resume Dhilin 1 Rind-mmr Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Dhilin l Rlarrl-mnr Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I am an engineering consultant and perform engineering services for City of Corpus coastal projects. Depending on the nature of the committee discussion and specificity to a project I am consulting on I may need to occasionally recuse myself from certain committee discussions. Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore& Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? rJ Engineer Dhilin 1 Rlnrrl-mgr Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. pJ I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. pr I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. pJ I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. pJ I Agree Dhilin 1 Rlnrl-mnr D,71 Philip Blackmar, . . Mr. Blackmar is experienced in analysis, design, and construction of coastal engineering projects including shoreline protection, beach nourishment, and wetland creation. He has provided professional services throughout the United States and abroad, but focusing on Texas, Louisiana, and Alaska. Mr. EDUCATION Blackmar has accumulated experience in the analysis of complex coastal Master of Science, Civil Engineering processes, applied design, numerical modeling, data collection, and project (Civil Engineering with emphasis in management. Coastal Engineering), Oregon State University, 2013 SELECT EXPERIENCE Bachelor of Science, Civil Engineering (Ocean Engineering), Texas A&M Un College Station, 2011 City of Corpus Christi Beach Monitoring, Corpus Christi,TX, (2011, 2013) Performed surveys of beach profiles and analyzed beach change throughout REGISTRATIONS the monitoring period.Assisted with reporting and recommendations for Professional Engineer,Texas, No. beach management. 126679, Issued: 05/25/2017, Role: Coastal Engineer Expires: 3/31/2023 Professional Engineer, Florida, No. City of Corpus Christi,TX, Maintenance Dredging and Beach 89689, Issued: 6/26/2020, Expires: Nourishment at Packery Channel, North Padre Island, (2011) Corps s 2/21/2023 Christi, TX Performed construction administration for the dredging of Packery Channel Professional Engineer, Oklahoma, in Corpus Christi, TX and beach nourishment on adjecent beach. No. 30110, Issued: 01/18/2018, Role: Construction Administrator Expires: 09/30/2023 Professional Engineer, Virginia, No. City of Corpus Christi,TX, Packery Channel Post-Harvey Repairs, (2017 0402061227, Issued: 08/16/2019, -Present) Corpus Christi, TX Expires: 08/31/2023 HDR is designing repairs of the jetties and revetments at Packery Channel that were significantly damaged during Hurricane Harvey. Repairs include re-setting jetty armor stone, constructing graded riprap revetment sections, PROFESSIONAL MEMBERSHIPS sidewalk repairs, construction of a drainage swale, and repairs to storm drain American Shore and Beach Preservation Association outfalls. Services include numerical modeling of currents in the project area, evaluation of damage and design of repairs, development of plans and Coasts, Oceans, Ports, and Rivers specifications, bidding solicitation assistance, and construction Institute—Texas Chapter Executive administration. Committee Member(2019-Present) Role: Design Engineer INDUSTRY TENURE City of Corpus Christi,TX, Cole Park Revetment Improvements, Corpus 9 years Christi, TX(2016-2018) HDR TENURE Performed design and construction administration for construction of 9 years revetment improvements along a Bayfront city park. Services included numerical modeling of waves, revetment stone sizing and cross-section OFFICE LOCATION design, development of plans and specifications, and assisting with Corpus Christi, TX construction administration. Role: Project Manager PHILIP BLACKMAR Coastal Bend Bays&Estuaries Program, Causeway Bird Island Revetment Design, Corpus Christi, TX(2017-2021) HDR performed an alternatives analysis for protection and dredge material containment options around a rookery island in Nueces Bay. HDR carried the alternatives analysis forward to preliminary design and permitting for owner to use in obtaining funding. Following receipt of funding CBBEP hired HDR to perform final design and construction administration of the rookery island protection system. Design accommodated various waterbird species habitats, incorporated gaps for water exchange, and created the infrastructure to support beneficial use of dredged material expansion of the island. Construction was completed in early 2022. Role: Project Manager Texas General Land Office, Indian Point Shoreline Protection, Portland, TX(2013-2014) Developed design for a revetment and segmented breakwater at Indian Point in Portland,Texas. Tasks included numerical modeling of waves using MIKE 21 SW,stone stability analysis, analysis of wave diffraction through breakwater gaps,wave transmission over breakwaters analysis,wave overtopping analysis. Role: Design Engineer Texas Department of Transportation, FM 457 Bridge Replacement, Sargent, TX Performed scour analysis and abutment protection design for proposed bridge replacement crossing the Intracoastal Waterway at Sargent.Tasks included numerical modeling of currents, scour analysis,wave analysis, stone stability calculations, and review of wave loading calculations. Role: Coastal Engineer Texas General Land Office, North Beach Nourishment Corpus Christi, Texas, United States (2014-2016 and 2019-2021) Performed design and construction administration services for a local bay beach renourishment.The nourishment included back passing of sediment accumulated on the downdrift side of the beach and also brought in mined sand. Construction was completed in 2016. HDR is currently under contract to perform design and construction administration services for repairs or replacement of sand lost in Hurricane Harvey. Role: Coastal Engineer Texas General Land Office, Port Aransas Nature Preserve Shoreline Protection Repairs, Port Aransas,. TX(2021-2022) HDR performed a damage assessment of breaches the shoreline protection revetment along the Port Aransas Nature Preserve.The damages occurred during Hurricane Harvey in 2017. HDR's services include assessment of the damage, including conceptual design of repairs and development of opinions of probable construction cost. HDR also developed Hazard Mitigation concepts for FEMA to help prevent similar damage from occurring during a future event. Following the coordination with FEMA HDR will develop a final design and associated plans and specifications. Role: Design Engineer 2 CITY OF CORPUS CHRISTI Submit Date: Sep 26, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr. Glenn A. Duhon Jr. Prefix First Name Middle Initial Last Name Suffix Email Address Street Address Corpus ChristiTX 78413 -- —-- ------------- ---------- -- ------ -- - - City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 3 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 1.5 Maxwell P. Dunne Funeral Service -----__-------_-__ ---- Man_a-ging Director Employer Job Title Work Address -Street Address and Suite Number 5921 Yorktown Blvd Work Address- City Corpus Christi Work Address- State Texas Work Address -Zip Code 78414 AAr r_Innn 0 rlr thnn Ir Work Phone 361-884-2411 Work E-mail address glenn.duhon@maxwellpdunne.com Preferred Mailing Address V Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Architecture-Texas A&M (College Station) Banker and Bank Management for 20 years Funeral Director and Funeral Home Management- 13 years. Previous experience with City of Bryan boards: Economic Development (Chair), Parks & Rec (Chair), Zoning If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Any with a need. Why are you interested in serving on a City board, commission or committee? served with the City of Bryan for many years and find it rewarding to be active and involved. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes r No KAr (,Ionn,A r)i ihnn Ir Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender pr Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No KAr Zlonn A fli ihnn 1r If you answer"Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? rJ None of the above Verification KAr (,lonn 0 ni ihnn Ir City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. lT I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. (7 I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. 17 1 Agree AAr (-Innn 0 ni ihnn Ir CITY OF CORPUS CHRISTI Submit Date: Dec 07, 2022 Application for a City Board, Commission, Committee or Corporation Profile Robert L Garza II First Name Middle Initial Last Name Suffix Email Address Street Address Corpus Christi TX 78413 City State Postal Code What district do you live in? " fJ District 5 Current resident of the city? r Yes r No If yes, how many years? 13 Primary Phone Alternate Phone N/A -- ---- - --- --- -- N/A Employer Job Title Work Address-Street Address and Suite Number N/A Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences pr%hort 1 (,ter-7n 11 Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Landmark Commission Parks and Recreation Advisory Committee Why are you interested in serving on a City board, commission or committee? have an interest in the city of Corpus Christi and making it a better place to live for its citizens, as well as an interest in maintaining the historical locations in it such as the Lexington and Texas State Aquarium. I also believe working for one of the city boards will open more opportunities for me in the future. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes r• No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Drihort I (,ar-7n 11 Gender P Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? rJ None of the above ranhort I r_nr-7n 11 Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? �J None of the above Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. rJ I Agree Q„I,or+ I (rnr-7n 11 City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Qnhort I (,nr-7n 11 Robert Lee Garza II 110"/ 9034411939 / Corpus Christi, Tx k- .sn;T.-....,--•,a.t.:.--.c. -.n,.�-f=, r.x-.�.c�.-r,.--...r "..->... -.:..�.n _ - _ _ E ucation Del Mar College Corpus Christi, TX AA Criminal Justice, GPA: 3.6 Sep 2017/ May 2021 Skills Good with technology Proficient in most Microsoft Windows versions + their integrated software, some knowledge about hardware - built own PC Quick learner Can perform most tasks after having them explained the first time or instructions given, can learn how to use new software very quickly with minimal instruction, good at following instructions to the letter when told to Awards & Certifications Adobe Certified Associate April 2013 Adobe Achieved passing score on Adobe Photoshop exam, received certification in Visual Communication using Adobe Photoshop CS5 National Hispanic Recognition Program 2014-15 School Year College Board For Excellence in Academic Achievement i CITY OF CORPUS CHRISTI Submit Date: Oct 18, 2023 Application for a City Board, Commission, Committee or Corporation Profile Janie Gifford --- - -------------------------- First Name Last Name Email Address Street Address Suite or Apt Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 4 Current resident of the City of Corpus Christi? r• Yes r No If yes, how many years? 17 Coastal_Bend EmploymentRecruiter Employer Job Title Work Address- Street Address and Suite Number 14493 SPID Suite A Work Address - City Corpus Christi Work Address -State Texas Work Address-Zip Code 78418 lnnio (,iffnrri Work Phone 3615855068 Work E-mail address coastalbendemployment@outlook.com Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity(Present) Paralegal Studies- Del Mar BAAS in Criminal Justice-TAMUCC 2021 MBA TAMUCC -currently pursuing If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am most interested in padre island business and waterfront/beach committees. Why are you interested in serving on a City board, commission or committee? I love my home, I want to see good things happen for it and I want to be a part of its development. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No lnnio (,iffnrd No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? rYes cNo Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A n/a Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No lnnio riffnrd Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes c No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? P None of the above Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No lnnia r_iffnrri Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either= disqualified) r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/ interest being paid in installment agreement (2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r• No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor—Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No lnnin (,iffnrrl r Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1)the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. fJ I Agree City Code Requirement - Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. fJ I Agree lnnio (_iffnM Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lnnio (,iffnrrl Janie Gifford 14493 SPID Suite A PMB 343, Corpus Christi,TX 78418 (361)585-5068 EDUCATION GULF COAST FLIGHT TRAINING, LLC. • March 2023 Admission • March 2025 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/MBA Candidate • Fall 2022 Admission • Fall 2024 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/BAAS in Criminal Justice • Mechanical Engineering 2 years • Criminal Justice Program COMPLETED Fall 2021 DEL MAR Corpus Christi TX • Accounting 2 years • Paralegal Studies program 2 years COMPLETED INCARNATE WORD ACADEMY Corpus Christi TX • Middle&High school attendance RELEVANT EXPERIENCE Recruiter COASTAL BEND EMPLOYMENT, LLC November 2022-Present • File all formation paperwork and tax information • Create all contracts and rate sheets • Create website, LinkedIn page,Facebook page, Instagram page • Create advertisement letters, stamps,flyers • Manage media and advertisements • Create resume building website portal • Prospect companies and candidates • Gain membership to organizations,maintain professionalism,attend all mixers,luncheons,volunteer events • Create volunteer and drive opportunities to support the community • Create resumes for individuals • Create operational excel sheets to manage expenses,contacts,and all company activity • Conduct interviews, drug testing,background checks • Maintain confidentiality and professionalism towards companies and individuals • Partnering with Del Mar to create social services and charity items for students • Giving talks about career options to students—STVT/Del Mar • Attending job fairs Recruiter(TEMP Position until Fall 2022 MBA Begins) UNIQUE EMPLOYMENT SERVICES December 2021—September 2022 • Interview,background check, and drug test candidates • Advise on skills and how to obtain them • Create resumes • Interface with companies and determine their needs • Write contracts,research financial background of company, determine worker comp code • Marketing and recruiting • Collect time sheets and help with collections • Help resolve issues between clients and employees • Write job descriptions,help determine hourly pay rates • Join organizations to represent company and obtain contracts Temp Paralegal and Accounting Assistant BANDAS LAW FIRM,P.C.November 2021 • Combine 3 attorney's caseloads into one litigation filing system. • File all outstanding paperwork into new litigation filing system. • Create 2020 and 2021 filing system for accounting department, divided into clients and vendors. • File into accounting system and bring current. • Accounting department,verify accounts paid with specific checks. • Accounting,extract all employee transactions and move to separate filing system. Temp Paralegal(Hiring Partner Retired) LAW OFFICES OF BARKER&FANCHER November 2018—December 2018 • E-Filing Documents • Drafting Pleadings and other documents for review • Updating and closing cases • Keeping deadlines and reminding other staff • Court running/document delivery • Secretary duties • Records maintenance Temp Receptionist/Court Runner(Firm Closed,Partner Retired) LAW OFFICES OF GONZALEZ &LOPEZ April 2018—August 2018 • Greeting,scheduling, calling clients • Interacting with District Clerk's office • E-Filing documents • Interacting with,requesting information from Corpus Christi Police Department • Running files/documents to Court and to other firms • Handling and entering all forms of client payment • Clio software familiarity • Opening,updating,and closing client files • Handling all outgoing mail,including large flats,certified mail,and mailing outside the USA • Drafting/assisting with pleadings and other forms • Maintaining office supplies and printers • Assisting tenants and accepting rent checks/payments • Maintaining office; clean desks,kitchen surfaces,water plants,keep fridge stocked • Interacting with the OAG, filing requests, etc. • Run errands: pick up supplies,food,mail,personal errands to the employers • Archiving files and uploading current cases to online data base Paralegal LAW OFFICES OF TOM GIFFORD April 2016—April 2018 • Typing up dictation in proper form • Greeting clients and taking calls • Managing social networking • Assisting with billing • Technical support • Personal errands • Mailing correspondence • Completing forms for wills and trusts • Pulling forms to create new documents,such as divorces • Interacting with courthouse • Interacting with jails and police officers • Reviewing evidence • Putting case information and forms together • Attending Texas Bar Association Meetings Dispatcher/Project Manager Assistant/Collector/Payroll AC DISTRIBUTION March Td,2014—April 151,2016 • Dispatching technicians • Opening,closing, and billing a project • Issuing and receiving material on a purchase order • Payroll entering and processing for 100+employees • Hourly, salary,and piece pay familiarity • Utilizing GPS to verify worked hours • Scanning and filing relevant project documents • Creating work orders for service and warranty calls • Telephone and customer relations experience • Submitting permits to the city and calling for/tracking inspections • HR assistant • Uniform inventory recording • Finding vendors • Handling returned mail • Menial office duties • Quick at learning other duties • Auditing and recording invoices to prevent side work • Collecting on past due invoices • Run credit cards,handle cash and checks • Man the front desk to handle customers and provide counter sale service • Billing customers • Stocking uniforms,returned or destroyed uniform receiving,and maintaining a vendor list Temp Admin Assistant AEP TEXAS December 2013-January 2014 0 Archiving/filing papers,recreating filing system. • Creating,issuing,and completing POs, Returns,Transmissions, Material Requests, and Issues. • Warehouse inventory, counting stock and re-ordering • Phantom facility familiarity,Asset Suite familiarity,and Partials. OTHER EXPERIENCE Temp Hostess(Grand Re-opening/Closed) LEXINGTON BAR AND GRILL March Pt, 2016—April 1", 2016 • Greeting and seating customers/handling upset customers • Handling cash • Cleaning the restaurant including tables,windows,and bathrooms • Waitstaff duties • Handling alcohol • Overseeing waitresses and deciding which customers they will be working with Restock/Floor Assistance(Summer Hire) OCEAN TREASURES May 2016—October 2016 • Restock merchandise to the floor • Greet and assist customers • Monitor for theft • Help with golf course opening/closing • Empty trash,dry mop floors, clean bathrooms,ensure all doors are locked Hostess/Busboy/Kitchen Prep/Prep cook/Pizza Line/Delivery/Dish ISLAND ITALIAN October 2016—2017(Hurrican Harvey destroyed roof)/January 2019—August 2020 • Seat customers,take care of any customer needs • Manage servers, assist if necessary • Bus and wipe all tables • Run food and alcohol • Handle cash and answer phones • Clean entire seating area at closing • Coordinate events—set up the floor and prep all foods • Kitchen prep-all items • Pizza line—all orders and restock • Delivery • Disher • Receive trucks/place restock orders • Prep all foods—all lines • Special orders Dish Washer/Fry Cook/Prep/Baker/Expo SCUTTLEBUTTS October 2017—February 2018 • Wash all dishes and put away • In-House Bakery line—make all desserts,produce orders,unload delivery trucks • Morning line cook for buffets and kitchen prep—all soups,bacon,breads, etc. • Fry line—make all orders • Expo line—finalize all plates,make all salads, keep FOH staff in order on busy days Cashier/Catering(Temp Work/Student) CORNER BAKERY CAFE September 2018—December 2018 • Handle cash • Take orders,expo and run food • Prepare,deliver,and set up catering orders • Prepare and display baked goods • Maintain restaurant(clean surfaces,remove trash,bus) Server/Bartender/Cook COSTA SUR April 2023-Present • Handle cash • Handle alcohol • Seat guests • Take orders,input orders,run food,answer menu questions,specialty food changes • Bus/wipe/set tables and wash all dishes/silverware/polish glassware General Duties DUNKIN DONUTS • Prepare all coffee and donuts prior to opening and remove at closing • Handling cash and drive through orders • Food preparation • Maintaining seating area Assistant 361 MOTORSPORTS April 2013—October 2017 • Replacing brake pads, examining emergency brakes, cleaning intake manifolds,and smoke testing. • Using Dynamometer, operating lift,using cherry picker. • EGR Delete on Dodge Ram 3500. • Paint job for bumper, frame rails,and grill. • Yamaha airbox removal. • 240 sx mounting turbo,replacing water lines,power steering mounting,intake filter upgrade,pipe elbow upgrades,battery cleaning and replacing,rerouting wire, fuel pump replacement,and charcoal canister deletion. • Refilling coolant,power steering fluid,and oil change. • Installing shocks,rotors,and upper control arms 2005 Jeep Rubicon. • Interior removal for Nissan 300zx,pulled engine,pulled turbo, and pulled fuel rails. • Engine work for Audi'95 S6 and 2005 Jeep Rubicon Unlimited. • Attaching/sealing flex duct and assisting with energy rating. • Gutting and replacing exhaust, replacing fuel filters, creating new terminals, coolant rerouting kits. • Build battery bracket and mount battery. • Install turbo,upgrade to higher flow airbox,upgrade electrical to move system in engine bay. • Heat spray,heat wrap, and install headers. 0 Oil changes 1990 MX-5, 2005 Z4M,2003 Trail Blazer, 300 ZX,2005 Rubicon, 240 SX. • Clean gutted electrical compartment and install new wiring to connect head unit for audio system. • Dyno events:Little River Dragway, Corpus Christi Heat Wave, Drift Corpus, and Texas Mile 2013. Court Runner LAW OFFICES OF THOMAS GIFFORD June 2009—September 2009 • Menial tasks and office work; cleaning, food pick-up,and organizing. • Answering phones and greeting clients. • Sorting confidential files and handling cash and checks. • Filing papers with the courts and maintaining office records. • Transmitting information or documents by mail and facsimile machine. • Handling cash and checks. • Maintaining office equipment and supplies. Assistant to the DEPTH Coordinator MOUNTAIN VALLEY HEALTH CENTER August 2011—June 2012 • Interacting with and enrolling DEPTH members. • Sorting confidential files and client information. • Filing and retrieving corporate documents, records,and reports. • Compiling information gathered in meetings. • Providing clerical support to the accounting department. • Performing general office duties,such as maintaining records and creating spreadsheets or documents. • Conducting research, compiling data,and preparing papers for upcoming events and consideration by executives,committees,and boards of directors. • Reading and analyzing incoming memos, submissions, and reports to determine their significance to the DEPTH Program. • Wrote an article for the local newspapers about DEPTH. • Promoting DEPTH through fliers,events,emails,phone calls,word of mouth,and member induction. • Closing out and storing files, and submitting final reports. • Accounting for spent monies. • Preparing reports for Tides Board. CERTIFICATIONS Human Resources Training Seminar 2014 • Hiring and interview training. Human Resources Training Seminar 2022 • Interviewing Skills for Supervisors 1/2022 • Handling Employee Complaints 1/2022 • Customer Service Skills 1/2022 AWARDS Photography Vibes Honorary Printed Photography Finalist 2012 0 Contest finalist and winner with plaque and published photography. CLUBS AND ORGANIZATIONS Associated Builders and Contractors Volunteer ABC BBQ March 2022 • Sold over$600 in raffle tickets. • Event photos. • Helped with food judging. • Set up/break down. Volunteer ABC Food Drive April 2022 • Run drive at work and collect from friends • Donate food • Break down boxes • Fill and tape boxes • Work at Coastal Bend Food Bank Volunteer ABC Fishing Tournament 2022 • Intake information • Check in guests • Assist with booth • Weigh in for fish Young Professionals of the Coastal Bend Volunteer CCISD Book Drive March 2022 • Collected several boxes of books to help support CCISD. Volunteer CCISD Guest Speaker June 2022 • Spoke to students 13+years old • Discussed education opportunities and how to achieve them • Discussed careers and how to get involved • Discussed other material Volunteer Ronald McDonald House—Toy and Supplies Drive August 2022 • Collected money • Collected clothing,toys,and hygiene necessities Volunteer Spawglass—Clay Shoot CC Gun Club March 2023 • Collected money • Ran games • Set up • Break Down • Raffle • Sales SELF-STARTED EVENTS Food Drive For Izzy's Pantry at TAMUCC April 2023 • TBD Professional Attire Drive For Izzy's Closet at TAMUCC August 2022 • Collected clothing from the community • Gathered suits,dress shoes, slacks, dresses,and blazers • Over$2000 in donations were made Southern Careers Institute—Presentation to Students Give presentation on interviews/resumes, other employment info • PowerPoint • Interact with students • Give advice and gather resumes MISCELLANEOUS ACTIVITES Volunteer RSPCA Dog Walker June 2009—August 2009 • Leash and walk dogs. • Clean kennels and refresh water bowls. • Groom and wash dogs. Volunteer Beach Clean-up Crew Events 2009—2010/2012—2014 • Pick up trash and dispose into appropriate disposal areas. • Move pallets and glass. Volunteer Bake Sales and Prom fundraisers 2010—2012 • Make bake items and set up bake sale area. • Handle cash and assist customers. • Using tools to create prom sets and canvas local business for donations. • Cleaning and breaking down sets and bake sale areas. Volunteer Neighborhood Clean-ups and Beautifications 2010—2012 • Pick up trash and dispose into appropriate disposal areas. • Pull weeds, clean gutters, sweep street areas. • Creating bus stop seating areas with shade and painting in local high school team colors. • Creating cute painted mascot plaques to hang in public places. • Decorating town for holidays and sports events. Yearbook Photographer and Assistant 2011 • Photograph all activities and events, travel to away games to document events. • Creating pages for yearbook to be proofed by editor. • Canvas local businesses for ad space and donations to fund production. Yearbook Editor in Chief 2012 • Arrange teams of student photographers to document all school events and activities. • Determine which pictures are appropriate for yearbook. • Arrange and proof all pages before publications. • Canvas town and local businesses for ad space and donations to fund production. Volunteer Texas Longboard Surf Club June 2019—2021(Membership current) • Arrange TGSA events—sign in participates and assign shirts. • Meetings and networking to retain and maintain membership. • Assist group leaders. Autocross SCCA Waldron Autocross participant 2014-2017 • Divide into classes and heats based on vehicle. • Drive course as well as possible to qualify your time for the day. • Pick up and arrange cones for other heats and report cones down for total points to deduct. • Pay monthly dues and pass security background check to drive on base. LETTERS OF RECOMMENDATION September 1,2022 To Whom it may concern, It's my absolute pleasure to recommend Janie Gifford for your employment. Janie and I were coworkers at Unique Employment for the 7 months that I was employed there. I have since moved on, but have kept in close contact with her. I thoroughly enjoyed working with Janie and always admired her positive,upbeat spirit and willingness to learn. Her organization skills and commitment are top-notch and I believe she can do anything she puts her mind to because she fully engulfs herself in any task she is presented with. Her goals and ambitions are an inspiration to others as she continues herjourney through life. Her willingness to be part of a team, foster positive discussions, and her dedication were truly admirable. Couple that with her ever-growing intelligence, insights and ideas,and work/life experiences, I believe she would be an asset to any organization that chooses her to be part of their team. Please feel free to contact me at(806)-8934263 or jaycezunigal6@gmail.com should you like to discuss Janie's qualifications and experience further. I'd be happy to expand on my recommendation. Sincerely, P"4e 5"�4 In; CYnt,,af 6P1rch,?s?;ig AmjgL,r 9 ly Pntgh COrnp3ny ` COLLEGE OF LIBERAL ARTS 1� DEPARTMENT OF SOCIAL SCIENCES E\S MINI UNIVERSrrY \S C X)RA"US{:H RIS T'1 6300 occm DRIVE.UNIT 5826 CORPUS CmtsTL TE As 78.112-5826 0361.8252696 F361.826-3762 Wendi Pollock Texas A&M University—Corpus Christi Department of Social Sciences 6300 Ocean Drive,Unit 5826 Corpus Christi,TY 78412 December 7.20'1 To Whom This May Concern: I am pleased to write this letter of recommendation for Janie Gifford,who is currently applying to your graduate program- I have had the pleasure of knowing Janie for a little over a year. She was a student in my upper-level research methods course at Texas A&M University—Corpus Christi.As a student in the classroom,Janie was engaged and performed well overall.She picked up new tasks quickly and was able to present her results effectively both in written and oral forrrL She also worked well under the unusual circumstances created by the early stages of the COVID-19 pandemic and was able to continue her learning process,even in a format that may not have been her first choice. In addition to tier work in the classroom,Janie has worked in the field.often in positions that would give her more insight into the courtroom and surrounding processes.She has been a paralegal as well as a receptionist`coutrt runner for several legal firms.As a result.Janie,more than many other undergraduate students that I have taught,may have a clearer sense of the role in the criminal justice system that she is wishing to undertake.As a result of Janie's knowledge of the system,her persistence when it cornes to continued learning,her ability to successfully complete difficult new tasks under difficult conditions,and her abilities to communicate both orally and in writing,I higlTly recommend Janie far your program.If there is anything else i can do to further tier application,please do not hesitate to contact me. Sincerely, Wendi Pollock,Ph.D. W endi.Pol lock(ri:.tantucc.edu 361-825-3061 Brittani Ortiz Bandas Law Firm 802 N.Carancahua,Shite 1400 Corpus Christi,TX 78401 November 17,2021 To Whom It May Concern; I am highly recommending Janie Gifford to you. I am a paralegal at Bandas Law Firm and I have worked with Janie in redeveloping our litigation filing system.I believe Janie would be a great asset to the position she applies for. Janie has displayed a very positive and ambitious work ethic with all tasks I did present to her.On top of that,she had excellent organizational skills and was very prompt. I believe that Janie will be a great fit for your business.She was amazing to work with and shows she is very knowledgeable while also has a interest to learn more_ Sincerely ;;:7 f Brittani Ortiz Paralegal TEXAS Ate 10 UNTVI RSITY Mg& COITUS CHRISTI To Whom It May Concern: It is my great pleasure to write this recommendation letter to Janie Gifford for her application to law school.Janie Gifford is one of my students at Texas A&M University of Corpus Christi. She took communication theory course with me. I was impressed by her diligence,critical thinking, and exceptional communication skills. I am an assistant professor of Department of Communication and Media at Texas A&M University-Corpus Christi.I have taught communication related courses since 2015. Janie Gifford is one of the most talented students I have worked with. In Communication Theory class,Janie is one of the students who progressed tremendously at the end of the class. At the beginning,Janie was a little bit struggled with her case study idea.With tons of hard work and deep research, at the end of the semester,Janie developed a great piece of final work. I am surprised by her perseverance and determination. Her immense improvement resulted from her hard work and unstoppable spirit. In addition to schoolwork,Janie also has various professional experience. She has been a hiring recruiter for unique employment agency. In addition to that, she also worked as a paralegal for years.Janie is enthusiastic about her work and developing numerous important skills and abilities for her future career. With years of working experience,Janie is excellent at multitasking, planning and communication.To be a good paralegal,she needs to greet clients, take calls,manage social networking, interact with courthouse,jails,and police officers. Her extraordinary multitasking and planning skills made her survive and thrive in her jab. Meanwhile, communication is another integral part in her work,an exceptional communication skill made Janie work with various people smoothly and productively. To sum up,Janie is a self-motivated person with great passion on her study and jolt. With all the above-mentioned remarkable qualities, I believe that Janie Gifford will continue to be great in her future. I highly recommend her for admission to your program. She is talented,dedicated, hardworking and never stops chasing her dream.Janie's outstanding multitasking abilities, planning and communication skills will also make her a brilliant student in law school.Please feel free to contact me if you have any questions at sinin!.;.kontyt tamucc.edu. Sincerely, Assistant Protess of C nmmumcation Department of Communication & Media Texas A&M University-Corpus Cluisti ® THE LAW OFF E 0 F x}18 Poples Street,No.206 STEVE LC'P EZ Corpus Lhrtsti Te.is 78401 Tel.(361)500-4052Attorney at Lux,PLLC. I stcv a_'{cfpczlaxvcc.a:,m Fax,(361)288-1383 October 13,2021 Attn: Law School Admissions Committee Re: Recommendation for Admission to Law School Janie Gifford Dear Law-School Admissions Committee, It is with great pleasure that I recommend Ms. Janie Gifford for admission to your law school. Throughout her employment with my prior law fine, Ms. Gifford has proven to very observant, a quick learner and exhibited professionalism and commitment to her work. Ms. Gifford was initially brought into my office as additional office support with the understanding her responsibilities would be increased after her abilities were demonstrated. Ms. Gifford quickly shined and excelled. Ms. Gifford was entrusted with maintaining client communications, handing sensitive documents and financial information, and keeping the office a welcoming and professional environment for my clients and colleagues. I was most impressed with her inquisitive nature. I took that to be demonstrative of both her attention to detail but also sincere desire to learn. Unfortunately, my prior partner began transitioning to retirement in August of 2015, and I was unable to continue to employ her as our office staff was downsized. I believe I41s. Gifford has the character, work ethic and natural abilities necessary to excel in law school as well as practice. Having Ms. Gifford as a student at your law school will be a credit to your institution. Sincerely, �F�- v A,--6 STEVE LOPEZ CITY OF CORPUS CHRISTI Submit Date: Dec 12, 2022 Application for a City Board, Commission, Committee or Corporation Profile Ms. Seneca D Holland Prefix First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78404 — - -- --------- - -- ----- - --------- City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes r No Primary Phone Alternate Phone Texas A&M University- Corpus Christi - Geospati-al Analyst III Employer Job Title Work Address-Street Address and Suite Number 6300 Ocean Drive Work Address - City Corpus Christi Work Address-State Texas Work Address-Zip Code 78412 Work E-mail address seneca.holland@tamucc.edu KAc Conorrn n Wrillnnrl Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Please see attached CV/Resume If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? Throughout my professional and academic experience, I have successfully worked with diverse teams in many different environments. I would like to bring the skills that I have as a geospatial scientist and physical geographer (with a background in water resources) to solve problems related to serving the Coastal Bend. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No AAc Qnnorn n I-Inllanrl Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender P Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? G Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. My husband and I both work at Texas A&M University-Corpus Christi (TAMUCC).TAMUCC has city contracts. Board-specific questions (if applicable) KAc Connrn rl Wnllnnrl Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? Pr Scientist i.e.,Marine Biologist) Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree KAc Conorn n Wrillond Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree NAC Conorra n I-Inll�niJ Seneca Holland Curriculum Vitae 239 Ohio Ave. Corpus Christi,TX 78404 Tel: 361.960.2527 EDUCATION University of Georgia-Athens,GA M.A. Geography,2007 Florida State University—Tallahassee,FL B.S. Geography,2003 EXPERIENCE GIS Analyst III-Texas A&M University-Corpus Christi,Conrad Blucher Institute for Surveying and Science—June 2022-Present Diversity,Equity,and Inclusion Fellow,Gulf of Mexico Alliance—Corpus Christi,Texas—February 2022— June 2022 Work directly with GOMA headquarters staff and Priority Issue Teams to enhance GOMA's diversity,equity,and inclusion efforts and develop specific DEI-related products and programming.Engage with GOMA's partner network across the Gulf states,building a network of contacts from coastal resource management,environmental education,and community resilience organizations across the region. Senior GIS Developer,Katy Independent School District—Katy,Texas—March 2018—July 2021 Assist the District in all aspects of GIS including: designing new GIS analysis methodologies,applications and strategies;updating and maintaining enterprise GIS database to include all base mapping data; aiding in planning for growth including providing support for the District including: land planning and acquisition, land development research and analysis,infrastructure development and building capacity analysis. Adjunct Professor,Houston Community College,Houston,TX-2018 Designed and instructed GEOG 1301 -Introduction to Physical Geography. Discussed concepts,demonstrated use of,and assisted students in learning elements of Physical Geography. Instructor, Texas A&M University-Corpus Christi,School of Engineering and Computing Sciences, GISc/GSEN Program,Corpus Christi,TX—August 2012—August 2017 Design and instruct course on principles and techniques in Geographic Information Science(online and on-campus undergraduate degree program)and Geospatial Surveying Engineering(online and on-campus graduate degree program). Research Associate,Harte Research Institute for Gulf of Mexico Studies,Texas A&M University -Corpus Christi—January 2009-May 2012 Served as team coordinator for a Gulf of Mexico initiative. Duties included developing reports,writing grants, coordinating research efforts between five states, and leading GIS-related initiatives. Adjunct Professor,Del Mar College,Corpus Christi,TX-2010 Designed and instructed GISC 1311 -Introduction to Vector GIS course. Discussed concepts,demonstrated use of, and assisted students in learning GIS concepts and software. Graduate Teaching Assistant,University of Georgia-Geography Department,Athens,GA-2005-2008 Designed and instructed geography courses. Discussed concepts,demonstrated use of,and assisted students in learning GIS,human geography,and physical geography.Courses taught in traditional lecture setting augmented with online course materials. Information Specialist,University of Georgia,Athens,GA-2004-2005 Programmed web-based surveys to assist in faculty research. GIS Specialist,Leon County GIS Department,Tallahassee,FL-2003-2004 Updated and quality controlled County parcel dataset. Fulfilled requests for parcel data to Leon County Property Appraiser Office. GIS Researcher,Classics Department,Florida State University,Tallahassee,FL—2003 Lead group of archeological students in developing digital topographic maps from source material to be used in site discovery and analysis. GIS Laboratory Technician,GIS Laboratory,Florida State University,Tallahassee,FL-2001-2003 Assisted students with GIS questions. Maintained laboratory equipment. GRANTS AND CONTRACTS AWARDED `GeoAgrilizer'—Agriculture Land Assessment for Sustainable Energy Developed with Undergraduate Research Women in Agriculture",Richard A. Smith Jr.,Principal Investigator,Donald G.,McGahan,Ryan Rhodes,Seneca Holland Co-Principal Investigators; awarded August 2012 from the United States Department of Agriculture; $233,324. TECHNICAL EXPERTISE GEOSPATIAL SOFTWARE Knowledge of Esri applications such as:ArcGIS Desktop 10.9,ArcGIS Pro 2.9,Portal for ArcGIS,ArcGIS Server, ArcGIS Online, Survey123.Arc GIS Field Maps,Familiar with GNSS applications,LiDAR and UAS, Extensive knowledge of office productivity and reporting applications such as: Office 365 Suite,including SharePoint,Adobe Acrobat Pro,Adobe Illustrator. PAPERS AND PRESENTATIONS AT PROFESSIONAL MEETINGS Holland,S.,Smith,R. "Ad-hoc Standardization of Symbols in Mapping Disaster Situations using Distributed Cartographic Knowledge Bases". Association of American Geographers Annual Meeting,April 11-16,2011, Seattle,WA. Holland,Seneca."Gulf of Mexico Alliance Ecosystem Integration and Assessment Priority Issue Team" Presentation given during the Northern Gulf Institute Annual Conference,May 2009,Mobile,AL Holland,Seneca."Development of Ecosystem Decision Support Tools:The Role of Collaborative GIS in the Gulf of Mexico Alliance"Presentation given during the Data Integration and Management Workshop,May 15-16,2009, Corpus Christi,TX Lyle., S., Smith,R.,Holland,S. "Read-Write-Hear project:An emerging technology used to increase the academic performance of students with disabilities."Association for Computer Educators in Texas 2008 Conference,2008, Austin,TX Holland,Seneca."Water Prospecting,The Commercialization of Florida's Groundwater:A Comparative Study of Two First Magnitude Springs in North Florida"Presentation given during the AAG meeting 2007, San Francisco, CA AWARDS/RECOGNITIONS Excellence in Distance Education Award,Texas A&M University—Corpus Christi,2016 Excellence in Graduate Teaching Award,University of Georgia,2007 PROFESSIONAL AFFILIATIONS Coastal Bend Arc Users Group 2015—2022 Cartography and Geographic Information Society(CaGIS)2014-2017 American Association of Geographers(AAG)2007-2017 The Gulf of Mexico Research Initiative(GoMRI)2010-2012 The Gulf of Mexico Alliance (GOMA),2009-2022 DISCIPLINARY SERVICE Gulf of Mexico Alliance-Ecosystems Integration and Assessment Priority Issue Team Coordinator,January 2009- 2012. Member,Del Mar College GIS Advisory Board. Del Mar College,Corpus Christi,TX 2009-2012. University of Georgia Geography Graduate Student Organization Faculty Representative,2007-2008. UNIVERISTY AND DEPARTMENTAL SERVICE School of Engineering and Computing Science Faculty Representative to TAMUCC Instructional Technology Distance Education Committee(ITDEC)—2014—2017. School of Engineering and Computing Science Online/Distance Learning Education Faculty Representative—2013 —Present. School of Engineering and Computing Science Human Subject Review/Institutional Review Board Faculty Representative—2013—Present. Faculty Representative to the TAMUCC GIS Student Organization—September 2013-Present. GRADUATE COMMITTEE SERVICE COMMITTEE MEMBER 2016 Amanda Shilling. "A Spatial Analysis of Boundaries in the North East Independent School District in San Antonio Texas".Masters Project Shawn Jackson. The use of GIS in Permitting Processes in Arkansas"Masters Project Kevin Earl. Low Cost UAV Lidar Systems. Masters Project 2015 Saeed Saeed. "GIS and Tourism in Saudi Arabia."Masters Project 2014 Kristina Drysdale. Developing an Air Quality Spatial Sensitivity Index for Nueces County Texas.Masters Project. Masters Project James Taylor. "Quantifying Degree of Geomorphic Alterations in the Mingo Basin, Southeast Missouri by Identifying Agricultural Land Leveling and Modeling Effects to Associated Ecological Functionality". Masters Thesis. COURSES DEVELOPED AND INSTRUCTED GRADUATE LEVEL GSEN5390—Special Topics: GIS Applications Examines how GIS can be applied to areas of geographic inquiry in agriculture,forestry,water resources,energy production/consumption,disaster management,population migration and mobility,among other topics. GSEN5384-Generalization of Topographic Maps Elements of thematic cartography,cartographic theory,and cartographic projections. Integration of cartographic principles with GIS visualization.Principles of map design with GIS data. GISC5300-Bases of Geographic Information Systems (Lecture and Laboratory) Basic principles and concepts of GIS via fundamental geographic and cartographic concepts. Understanding and use of GIS software to analyze data and produce maps. UNDERGRADUATE LEVEL GISC 4351—Geospatial System Project This course allows students to employ knowledge attained in other courses to create a project to spatially analyze information of interest to you and your field of study. GISC4540—Special Topics: GIS Applications Examines how GIS can be applied to areas of geographic inquiry in agriculture,forestry,water resources, energy production/consumption,disaster management,population migration and mobility,among other topics. GEOG1301—Physical Geography Introduction to topics covered include elements of Physical Geography(studies of atmosphere,ocean and land surface environments),Geographic Information Systems(computer systems that capture,analysis,and display of geographic information),and human environmental interactions. GISC1470—Geospatial Systems I(Lecture and Laboratory) Introduction to Geographic Information Systems. Acquisition and conversion of data for mapping. Spatial data mapping using GIS databases. Principles and use of GIS software. GISC3421—Visualization for GIS(Lecture and Laboratory) Introduction to the basic elements of thematic cartography,cartographic theory,and cartographic projections. Integration of cartographic principles with GIS visualization.Principles of map design with GIS data. GISC1311-Introduction to Vector GIS(Lecture and Laboratory) Introduction to Geographic Information Systems. Acquisition and conversion of data for mapping. Spatial data mapping using GIS databases.Principles and use of GIS software. GEOG1125-Resources,Society and the Environment Introduction to the interactions between physical systems and human activities and their effects on environmental quality and sustainability.Geography of population and resource consumption,food production,water and air quality,energy policy,land/biotic resource management. GEOG1101 Human Geography—Super Section(250 Students) Introduction to global patterns of resources,population,culture,and economic systems.Factors contributing to these patterns and distinctions between the technologically advanced and less advanced regions of the world. GEOG1101-Human Geography Introduction to global patterns of resources,population,culture,and economic systems.Factors contributing to these patterns and distinctions between the technologically advanced and less advanced regions of the world. GEOGI113L—Introduction to Landforms(Laboratory) Laboratory for the analysis and classification of major types of land surfaces,stressing geographic characteristics. Interpretation of relationships between landforms and other phenomena through maps,air photos,and field observations.World coverage with emphasis on North America. CITY OF CORPUS CHRISTI Submit Date: Nov 14, 2023 Application for a City Board, Commission, Committee or Corporation Profile Kathryn Hyatt _ First Name Last Name Email Address Street Address Corpus Christi TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? ------------ W District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 8 Visit Corpus_ _Christi _- Senior Director-of Marketing____ Employer Job Title Work Address-Street Address and Suite Number 400 Mann Street, Suite 1100 Work Address -City Corpus Christi Work Address -State Texas Work Address-Zip Code 78401 Vnthrxin I-lvatt Work Phone 3618811888 Work E-mail address kathryn@visitcorpuschristi.com Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity(Present) Kathryn Hyatt's experience in marketing and communications makes her well-qualified to serve on the Watershore and Beach Advisory Committee. She has a deep understanding of Corpus Christi tourism demographics, personas, and visitor behaviors,which would be invaluable to the committee. Additionally, her experience in developing and implementing marketing campaigns would be helpful in promoting the committee's work to the public. In addition to her professional experience, Kathryn Hyatt is also a member of several relevant organizations, including the Corpus Christi Chamber of Commerce and the Texas Travel Industry Association. These memberships give her access to a network of professionals who could provide her with valuable insights and support. Overall, Kathryn Hyatt is a highly qualified candidate to serve on the Watershore and Beach Advisory Committee. Her experience, skills, and knowledge would be a valuable asset to the committee. Vnthrxin Wwntt Why are you interested in serving on a City board, commission or committee? As a senior marketing and communications professional with over a decade of experience in the tourism industry, I am passionate about promoting and protecting Corpus Christi's natural beauty. Our beaches are one of our most valuable assets, and I am committed to ensuring that they are well-managed and preserved for future generations. I have a deep understanding of Corpus Christi's tourism demographics, personas, and visitor behaviors. I know what makes our city special, and I am confident that I can use my expertise to help the Watershore and Beach Advisory Committee develop effective strategies for managing and preserving our beaches. I am also a strong advocate for public engagement and education. I believe that it is important to involve the community in decision-making processes related to our beaches. I am committed to working with the committee to develop outreach and education programs that will inform the public about the importance of our beaches and how they can help to protect them. I am confident that my experience, skills, and knowledge make me a valuable candidate to serve on the Watershore and Beach Advisory Committee. I am eager to work with the committee to ensure that our beaches remain a source of pride and enjoyment for our community. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? rYes rNo Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A n/a Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Vnthrxin Wxintt Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you,your spouse,your business or your spouse's business have a City contract? r Yes c No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes P No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Visit Corpus Christi is the contracted 501 c6 marketing organization for the city of corpus christi. Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? pr Corpus Christi Convention and Visitors Bureau Member Vnthrxin Wxintt Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. P I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. rJ I Agree Vnthnin Wxintt Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. rJ I Agree Vnthrvn Wxintt 720-838-0702 kathrynelisehyatt@gmail.com CORPUS CHRISTI,TX PROFESSIONAL. SUMMAPY Kathryn Hyatt is an accomplished digital marketing professional with over a decade of experience in developing and executing successful digital marketing strategies. She has a proven track record of driving revenue growth and improving brand recognition for companies of various sizes and industries. She possesses a strategic mindset, effective communication and leadership abilities, and a passion for mentoring and developing tearn members. SKILLS • Social Media Strategy • Search Engine Optimization • Web Analytics • Content Development • Email Marketing • Paid Media Campaigns Senior Director Of Digital Marketing Visit Corpus Christi, 2021 - Current As a Digital Marketing Director, I led the transition to a new company website, managed domain strategies, and identified optimization opportunities by conducting SEO audits and researching competitors, leading to a 64% increase in organic web traffic. Additionally, I overhauled the marketing reporting structure, tracked metrics, presented marketing data and trends and executives, and implemented a revamped social media strategy that resulted in a 200% increase in organic impressions and 32% increase in engagements and multiple viral TikToks. Content Strategist Visit Corpus Christi,2021 - 2021 As a Content Strategist, I created and maintained a content marketing schedule for the company's social media channels, which included Linkedln, Facebook, Instagram, Pinterest,TikTok, and Twitter. I partnered with the marketing team to implement a revamped social media strategy, resulting in a 128% increase in engagements, and assisted in creating graphics to accompany social posts. I worked closely with marketing executives to prioritize and create compelling campaigns, expanding reach across as many platforms as possible, including Snapchat and TikTok. Additionally, I managed social media accounts, engage with followers, and set up paid advertising campaigns on platforms like Facebook and Google Ads to maintain a positive brand image. Digital Strategist & Content Manager MDR Advertising,2017 - 2020 As a digital marketer, I have coordinated the creative build-out of campaigns across various platforms, optimized campaigns based on targeting, creative options,tracking pixels, and behaviors, created and monitored audiences, managed web content and designed email campaigns. I have also built organic and paid social strategy plans, monitored comments and reviews, reviewed product demos, and managed contracts. I then implemented tracking pixels, launched review and listing management platforms, built chatbot projects, and managed a $300,000 annual ad spend. Marketing And Event Coordinator CASA of the Coastal Bend,2016 -2017 Bachelor's Degree: Marketing, Public Relations & New Media Baylor University,Jan 2016 CITY OF CORPUS CHRISTI Submit Date: Nov 27, 2023 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ruben Macias Jr.___ Prefix First Name Last Name Suffix Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? 9 District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 8 International Bank of Commerce IBC Bank _ Commercial Lender/AVP _ Employer Job Title Work Address- Street Address and Suite Number 221 S Shoreline Work Address- City Corpus Christi Work Address-State TX Work Address-Zip Code 78401 KAr Di rhon KAnrinc Ir Work Phone 361 8884000 Work E-mail address RubenMacias@ibc.com Preferred Mailing Address p Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes, Watershore and beach advisory committee Education, Professional and/or Community Activity (Present) BS in Accouting from Texas A&M Uniiversity- Kingsville. Black Chamber of Commerce EDC Watershore and beach advisory committee Board Member for Kwanis If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) WBAC, Airport Board and Library Board Why are you interested in serving on a City board, commission or committee? I show great leadership skills from my prior role as a manager the lead a team of 15 employees. Working with IBC also has sharpened my skill to see the big picutre and not focus on the small task. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KAr Diihon AAnrinc Ir No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No AAr rai ihon Unpinc Ir Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W Friends of Corpus Christi Libraries Nominee Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? (•J None of the above Verification KAr Qiihnn KAnrinc Ir City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr Di ihon hAnrinc 1r RUBEN MACIAS JR. 1514 Ennis Joslin Apt#133 1 Corpus Christi TX 78412 3,6 522-5895 OBJECTIVE Dedicated professional with a diverse management and accounting experience, serving in progressively responsible leadership roles. Seeking to achieve CPA and its practices. 'EDUCATION Texas A&M University—Kingsville, Texas Graduated: May 2015 Bachelor in Business Administration - Accounting GPA: 3.0 PROFESSIONAL EXPERIENCE IBC Bank— Shoreline Corpus Christ, TX Senior Loan Review Analyst October 2017—Present Day • Evaluate all loan documents, obtain all approvals, ensure compliance to all' lending guidelines, and maintain accuracy of all credit underwriting • Analyze all borrower relationship for various loan portfolios and evaluate all loan quality for various team members and plan and implement all credit examinations • Analyze all complex portfolio risk and recommend modification to all credit standards on monthly basis IBC Bank—Shoreline Corpus Christi, TX Credit Analyst August 2016—October 2017 • Evaluate clients credit data and financial statements to determine degree of risk • Analyzing clients records and using data to recommend payment plans • Evaluate the financial status of clients by producing financial ratios through excel IBC Bank—Service Center San Antonio, TX Staff Auditor August 2015 —August 2016 • Assist Audit Committee in fulfillment of its duties and responsibilities • Review bank practices and records for compliance with internal policies and procedures • Report audit findings and recommendations to appropriate management and conduct follow-up reviews of financial and regulatory noted observations Big House BBQ—Kingsville Kingsville,TX _Manager May 2013 -August 2015 • Audit POS sales at end of shift • Balanced the book accurately by recording cost and month end accruals • Achieved and maintained a 3% annual growth in profit through the management of controllable costs such as reducing unnecessary overtime and inventory waste SKILLS • Hyland • Precision • Horizon • IMS • Microsoft Office (Word, PowerPoint, Excel, Publisher, Outlook) • AutoCAD • Adobe Acrobat • OPERATING SYSTEMS: Windows XP-2010, Mac OS X, Aloha HONORS & ACTIVITIES • Pledge Member,International Fraternity of Delta Sigma Pi • Member, Institute of Internal Auditors • Vita Proeram. Volunteer Work A CITY OF CORPUS CHRISTI Submit Date: Nov 15, 2023 Application for a City Board, Commission, Committee or Corporation Profile Harrison _ A McNeil First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? * ------------- PF District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 7 Manager of Environmental Port of Corpus Christi_AuthorityPermitting___ Employer Job Title Work Address -Street Address and Suite Number 400 Harbor Drive Work Address - City Corpus Christi Work Address -State Texas Work Address-Zip Code 78401 Wnrricnn o nn.-moil Preferred Mailing Address PF Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Watershore and Beach Advisory Committee Education, Professional and/or Community Activity (Present) Bachelor and Masters Degree in Marine Sciences Why are you interested in serving on a City board, commission or committee? Continue involvement in City's management of beaches Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Wnrricnn o nnnnioil Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Wnrricnn A UnKloil Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? V Scientist i.e.,Marine Biologist) P Environmentalist Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Wnrricnn A AAr-KIr3il Dano A of C� Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. pr I Agree Wnrricnn A MrNlnil CITY OF CORPUS CHRISTI Submit Date: Nov 09, 2023 Application for a City Board, Commission, Committee or Corporation Profile MRS RACHEL M PITTMAN Prefix First Name Middle Initial Last Name Email Address Street Address CORPUS CHRISTI TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 4 Current resident of the City of Corpus Christi? t: Yes r No If yes, how many years? 5 Reemp_DS_D Inc__-_________ ___ OWNER/PRESIDENT__- Employer Job Title Work Address- Street Address and Suite Number 13941 KETCH ST Work Address- City CORPUS CHRISTI Work Address -State TX Work Address-Zip Code 78418 KADQ RA(`WP:l M [DITTAAAnI Work Phone 3614298587 Work E-mail address REEMPDSDPa GMAIL.COM Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) BACHELOR DEGREES IN BUSINESS ADMINISTRATION AND ORGANIZATIONAL LEADERSHIP FROM COLUMBIA SOUTHERN UNIVERSITY. OWNER REEMP DSD INC IN CORPUS CHRISTI TX If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) WATERSHORE AND BEACH ADVISORY PADRE ISLES MANAGEMENT CONVENTION AND VISITORS PARKS AND REC COMMITTEE FOR PERSONS WITH DISABILITIES Why are you interested in serving on a City board, commission or committee? LIVING ON THE ISLAND, WE ARE HEAVILY INVESTED IN OUR COMMUNITY. IT IS MY INTENT TO CONTINUE THAT ENDEAVOUR TO MAKE OUR COMMUNITY BETTER FOR EVERYONE. JOINING A BOARD, ALLOWS ME ANOTHER OPPORTUNITY TO GIVE BACK AND TO HELP CONTINUE MAKING OUR CITY EVEN BETTER FOR EVERYONE. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KADC DA('WT=1 AA DITTNAAnI :. Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r•' No Do you,your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse,your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No KADC DA('4-M KA DITTAAAnI is If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore& Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? I7 None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children &Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? rJ Adult At-Large Verification AADC DAr W1=I AA DITTAAAKI City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IJ I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. fJ I Agree Consent for Release of Information -------------- understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. IJJ I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. P I Agree AADC DD(`WM AA DITTAAAnI CITY OF CORPUS CHRISTI Submit Date:Jan 31, 2023 Application for a City Board, Commission, Committee or Corporation Profile Britne G Vinson First Name Middle Initial Last Name Email Address Apt 64 - -- - --- -------------- - - - -- Street Address Suite or Apt Corpus Christi TX 78410 City State Postal Code What district do you live in? fJ District 1 Current resident of the city? r Yes r No Primary Phone Alternate Phone Department of Family and Child Protective Service Protection Caseworker — - -- --------...__-._._---- Employer Job Title Work Address-Street Address and Suite Number 1115 E Sinton St Work Address- City Sinton Work Address- State Tx Work E-mail address Britne.vinson@dfps.Texas.gov Preferred Mailing Address P Home/Primary Address Rritnn r \/incnn Which Boards would you like to apply for? WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) BS Child Development and Family Relations. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Arts and Cultural Why are you interested in serving on a City board, commission or committee? I want to be involved in keeping Corpus a happy place to live. I am new to Texas and want to make this my forever home and would love to help create a great city with like minded individuals. I believe I can bring fresh perspectives and ideas. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Rritnn (; Wincnn Gender fJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes t: No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? P Youth/Education Pritno (_ Wincnn Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? * W None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Youth and Family Services Verification City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Rritno (_ Wincnn Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. Pr I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. Pr I Agree Rritnn (; \/incnn City of Corpus Christi 1201 Leopard Street � Corpus Christi,TX 78401 !+ cctexas.com 4 , Meeting Minutes City Council Tuesday, December 5,2023 11:30 Nkrpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Deacon Richard Longoria, Saint Helena of the True Cross of Jesus. Deacon Richard Longoria, Saint Helena of the True Cross of Jesus, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Yasmeen Sinjlawi, Junior at Mary Carroll High School. Yasmeen Sinjlawi, Junior at Mary Carroll High School, 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 Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. SECURITY BRIEFING City Secretary Rebecca Huerta provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-4) 1. 23-1938 Corpus Christi Public Libraries Update, Presented by Laura Garcia, Director of Libraries Director of the Libraries Laura Garcia presented information on the following topics: mission statement; organization; Corpus Christi Public Libraries; library locations; City of Corpus Christi Page 1 Printed on 121812023 City Council Meeting Minutes December 5,2023 supporting organizations; Corpus Christi Code of Ordinance-Division 3 Library Board; Texas State Library and Archives Commission (TSLAC); TSLAC public library advisory board handbook; Professional Library Associations; TSLAC endorses the principles articulated in the Library Bill of Rights; collection development policy-selection/criteria; collection development policy-reconsideration; and youth patrons. Council Members, City Manager Zanoni, and Director Garcia discussed the following topics: Council Members expressed concern that children should not be allowed to checkout certain books without adult supervision and to implement stricter guidelines; a Council Member's desire that the La Retama Library hours be increased because it houses the only local history section; the public libraries filter content on the internet based on legislation; and the importance of increasing literacy in the City. 2. 23-1965 Corpus Christi - Nueces County Public Health District Update, Presented by Steve Viera, Assistant City Manager Assistant City Manager Steve Viera presented information on the following topics: Nueces County withdraw from Public Health District; and services affected in rural Nueces County. Council Members, City Manager Zanoni, Assistant City Manager Viera, and Dr. Fauzia Khan discussed the following topics: preventative care services outside the city limits will be provided solely by the county; the state advised the grants will remain with the City; and the City has been evaluating the available grants. 3. 23-1926 Don Patricio Bridge Project Update, Presented by Jeff Edmonds, Director of Engineering Services Director of Engineering Services Jeff Edmonds gave an update on the Don Patricio Bridge with an $18 million investment on the island. The dedication ceremony will be held on Friday, December 8 at 11:00 a.m. A Council Member, City Manager Zanoni, and Director Edmonds discussed the following topic: staff will provide information to Council in the next few days about when the land masses will be removed so the canal will be open. 4. 23-1918 Drought Update and Impact on Water Use Restrictions, presented by Drew Molly, Interim Corpus Christi Water Chief Operating Officer Interim Chief Operating Officer Drew Molly presented information on the following topics: water restrictions and lake levels; historical data; weather patterns; EI Nino weather pattern; drought impacts; average rainfall in Corpus Christi; restriction stages and lake levels; proposed stage 2 water restrictions; outreach; and water supply project updates. Director of Community Relations with Coastal Bend Industry Association Bob Paulison presented information on the following topic: industry as part of the Coastal Bend water system. City of Corpus Christi Page 2 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 Council Members, Interim Chief Operating Officer Molly, Water Resource Manager Esteban Ramos, and Director Paulison discussed the following topics: if the City goes into stage 2 water restrictions, the lake levels must rise to at least 40 percent to get out of it; a concern about fresh water releases from the combined lakes; fresh water releases are not for salinity levels in the Bay; a drought contingency plan is built into the agreement with the Environmental Protection Agency; large volume users are engaging in activities to use water responsibly; the City needs at least 18 inches of rain in the water shed within three months to get out of the drought; industry uses water more consistently than residential; and a request that staff provide the amount of water usage since June 2022 for industrial, commercial, residential and public entities to determine if water restrictions impacted water usage. G. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens expressed concern about the new Library Board appointees: Tim Dowling, 8017 Villefranche Dr., Kathryn Oler, 1400 Ocean Dr., Vickie Natale, 142 Naples St., Barbara Craig, 602 McClendon St., Dora Wilburn, 4314 Cottage St., and Brittni Young, 6018 Williston Dr. The following citizens expressed concern about the Port of Corpus Christi appointment: Rachel Caballero, 522 Hancock Ave., Eli McKay, 1008 Marguerite St., Eduardo Canales, 7021 Bevington Dr., Luke Dailey, 619 E. Ave., Port Aransas, TX, and Charles Boone, 468 Sunset, Ingleside, TX. Shawn Flanagan, 4218 Herndon St., spoke about verifying facts and information. Ron Graban, 202 Surfside Blvd., spoke about the Ordinance that passed regarding the dirt on North Beach. John Weber, 609 Naples St., expressed concern about costs associated with Open Records Requests. Susie Saldana, 4710 Hakel Dr., spoke about appointing a person to city boards according to their ability and not for political benefit. Maggie Peacock, 1773 Ennis Joslin Rd., spoke against Moms for Liberty, and spoke about climate change. Adam Rios, 7301 Tangled Ridge Court, spoke about addressing societal problems. The following citizens submitted a written public comment which are attached to the minutes: Marcia Hart, 9 Townplace Lane, Mona Palmer, 633 Deforrest St., Candace Hart, 2201 Anacua St., Elizabeth Wilkins, 14906 Tesoro Dr., Cecelia Eilering, 3562 Austin St., Kathleen Westergren, 3402 Ocean Dr., and Cathy Fulton, Port Aransas, TX. City of Corpus Christi Page 3 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 23-1907 Corpus Christi Regional Economic Development Corporation (1 vacancy) Port of Corpus Christi Authority of Nueces County, TX (1 vacancy) Mayor Guajardo referred to Item 5. Corpus Christi Regional Economic Development Corporation: Reappointed: Robert J. Gonzalez Sr. Port of Corpus Christi Authority of Nueces County, TX: Reappointed: Rajan Ahuja I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 6-21) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 12, 15, 18 and 19 were pulled for individual consideration. Council Member Klein moved to approve the consent agenda with the exception of Items 12, 15, 18 and 19, seconded by Council Member Roy. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 6. 23-1924 Approval of the November 28, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 7. 23-1805 Ordinance authorizing acceptance of a grant in the amount of$59,609.00 from the State of Texas Criminal Justice Division for Violence Against Women Program with a cash match of$20,810.80 and in-kind match of$6,960.00 for salary and benefits for one civilian position and equipment, supplies, training, and travel; appropriating $80,419.80 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033229 City of Corpus Christi Page 4 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 8. 23-1776 Ordinance authorizing the acceptance of a grant from the State of Texas, Criminal Justice Division for the Body-Worn Camera Grant Program FY 2024, in the amount of$153,027.00 for the purchase of 100 additional body-worn cameras and related equipment for the Corpus Christi Police Department; and appropriating $153,027.00 in the Police Grants Fund with a cash match of $51,009.00 from the Law Enforcement Trust Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033230 9. 23-1868 Ordinance authorizing the acceptance of a grant totaling $44,696.90 from the Port of Corpus Christi Authority for the Port of Corpus Christi Community Grant for incident command training for 40 emergency personnel and training equipment for the Corpus Christi Fire Department; and appropriating $44,696.90 in the FY 2024 Fire Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033231 10. 23-1799 Ordinance authorizing a construction contract to J.E. Construction Services, LLC for Base Bid I in the amount of$5,135,727.00, to Mako Contracting for Base Bid J in the amount of$5,215,843.00, and to Grace Paving and Construction, Inc. for Base Bid K in the amount of$4,564,072.10, all from Corpus Christi, Texas, for the FY 2023 Residential Street Rebuild Program located Citywide, with FY2024 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds; appropriating $8,718,007.34 from the unreserved fund balance; and amending the FY 2024 Operating and Capital Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033232 Consent- Contracts and Procurement 11. 23-1835 Resolution authorizing a three-year service agreement with Siddons-Martin Emergency Group, LLC, of Houston, in an amount not to exceed $1,200,000.00 to provide parts, testing, and repair services for firefighting vehicles and equipment for the Fire Department, with FY 2024 funding of $400,000.00 from the General Fund. This Resolution was passed on the consent agenda. Enactment No: 033233 12. 23-1852 Motion authorizing execution of a three-year service agreement with Universal Protection Service, LP, dba Allied Universal Security Services, of Santa Ana, California, with an office in Corpus Christi, in an amount not to exceed City of Corpus Christi Page 5 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 $804,773.00 for bailiff and security guard services for the Municipal Court, with FY 2024 funding of$104,620.49 from the Municipal Court Administration Fund and $163,637.18 from the Municipal Court Building Security Fund. Mayor Guajardo referred to Item 12. A Council Member and Director of Municipal Court Gilbert Hernandez discussed the following topic: a Council Member's concern about the conditions for those who are incarcerated. Council Member Pusley moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 Enactment No: M2023-174 13. 23-0355 Motion authorizing the execution of a three-year service agreement, with two one-year options, with Cintas Corporation, through the OMNIA Purchasing Cooperative, for uniform rentals and laundering services for Corpus Christi Water Department employees in an amount up to $892,265.40, with a potential total amount up to $1,487,109.00 if options are exercised, with FY 2024 funding of$247,851.50 from the Water and Wastewater Funds. This Motion was passed on the consent agenda. Enactment No: M2023-175 14. 23-1569 Resolution authorizing a one-year supply agreement with two additional one-year option periods with Brenntag Southwest, Inc., of Lancaster, Texas, for sodium hypochlorite for Corpus Christi Water in an amount up to $6,300,000.00, with a potential total amount up to $18,900,000.00 if both one-year options are exercised, with FY 2024 funding of$6,300,000.00 from the Water and Wastewater funds. This Resolution was passed on the consent agenda. Enactment No: 033234 15. 23-1701 Motion authorizing execution of a three-year service agreement, with two one-year options, with Excel Pump & Machine, Inc., of Robstown, Texas for preventative maintenance and reconditioning of pumps and motors at the Mary Rhodes Pipeline Phase II River and Booster Pump Stations in an amount up to $861,330.00, with a potential total amount up to $1,435,550.00 if options are exercised, with FY 2024 funding of$69,020.00 from the Water Fund. City of Corpus Christi Page 6 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 Mayor Guajardo referred to Item 15. A Council Member and Interim Chief Operating Officer of Corpus Christi Water Drew Molly discussed the following topics: a request for a cost breakdown of how much is being spent on the Mary Rhodes Pipeline, including operation maintenance and capital cost; the pipeline should last 50 years or more; and HDR Engineering is currently completing a condition assessment of the pipeline. Council Member Hernandez moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-176 16. 23-1691 Motion authorizing execution of a one-year supply agreement, with two one-year options, with Arnold Oil Company in an amount not to exceed $98,000.00, and a potential amount up to $294,000.00 if options are exercised, for motor oil to be utilized at Corpus Christi International Airport's Quick Turn Around Facility, with FY 2024 funding of$89,833.33 from Airport Customer Facility Charge Fund. This Motion was passed on the consent agenda. Enactment No: M2023-177 17. 23-1694 Motion authorizing execution of a one-year service agreement, with two one-year options, with United Rentals (North America) Inc. of Stamford, Connecticut, with an office in Corpus Christi, through Sourcewell Cooperative, in an amount not to exceed $183,402.00, with a potential amount of$550,206.00 if options are exercised, for the rental of three 10-14 yard dump trucks for Public Works, with FY 2024 funding of$168,119.00 from the Public Works Storm Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-178 Consent- Capital Projects 18. 23-1905 Resolution awarding a construction contract to JE Construction Services, LLC for the reconstruction of Airport Road, from Morgan Avenue to Horne Road, with new asphalt pavement, sidewalks, curbs and gutters, installation of ADA-compliant curb ramps, signage, pavement markings, upgraded street illumination and traffic signals, and utilities improvements in the amount of $8,930,712.00, located in Council District 3 with FY 2024 funding available from reallocated Bond funds, Street Bond 2020, Storm Water, Water, Wastewater and Gas Funds. City of Corpus Christi Page 7 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 Mayor Guajardo referred to Item 18. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topic: to ensure that a bid is received for both asphalt and concrete. Council Member Hernandez moved to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033235 General Consent Items 19. 23-1700 Resolution setting a public hearing on January 23, 2024, to consider the land use assumptions and capital improvement plans for the designated service areas relating to the possible adoption of water, wastewater, stormwater, and roadway impact fees for the City of Corpus Christi and its extraterritorial jurisdiction. Mayor Guajardo referred to Item 19. Council Members, Director of Development Services Al Raymond, and City Attorney Miles Risley discussed the following topics: the January 23, 2024 public hearing is only to adopt the future land use, master plans, and associated Capital Improvement Plans; and a Council Member's desire for more public attendance during the public hearings. Council Member Hernandez moved to amend Section 2 to include "master plans" after the word assumptions, and possible "future" adoption, seconded by Council Member Roy. The motion passed unanimously. Council Member Hunter moved to approve the resolution as amended, seconded by Council Member Hernandez. This Resolution was passed as amended and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 Enactment No: 033236 Consent-First Reading Ordinances City of Corpus Christi Page 8 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 20. 23-1724 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on November 7, 2017, to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on first reading on the consent agenda. 21. 23-1726 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 3:07 p.m. Executive Session Items 25 and 26 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 4:40 p.m. L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22-241 22. 23-1936 Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC. for Fire Station 8 Replacement Project in an amount up to $290,000.00 and authorizing the use of the power of eminent domain, if needed, to acquire the property. Mayor Guajardo referred to Item 22. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following City of Corpus Christi Page 9 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 23. 23-1923 Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47-acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47-acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for $10 and development of affordable housing. Mayor Guajardo referred to Item 23. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Members, Deputy City Manager Michael Rodriguez, and Director of Planning and Community Development Dan McGinn discussed the following topics: concerns that this property should be used for single family residential units; this property would be affordable housing for senior citizens; and a Council Member is in support of this property because density reduces crime. Council Member Roy moved to approve the ordinance, seconded by Council Member Klein. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Barrera Abstained: 0 24. 23-1919 Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty; providing for publication. Mayor Guajardo referred to Item 24. Director of Public Works and Streets Ernest De La Garza presented information on the following topic: purpose-updates to city policies related to management of right-of-way. City of Corpus Christi Page 10 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 Council Members, Director of Public Works and Streets Ernest De La Garza, Assistant Director of Public Works Renee Couture, City Attorney Miles Risley, and Assistant City Manager Neiman Young discussed the following topics: a Council Member's concern with the appeals process for permitting; and the City serves citations to contractors without a permit. Council Member Hernandez moved to postpone this ordinance, seconded by Council Member Hunter. This Ordinance was postponed until 12/12/2023 by the following vote: Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Barrera Abstained: 0 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEMS 25-26) Mayor Guajardo referred to Executive Session Items 25 and 26. The Council went into Executive Session at 3:07 p.m. The Council returned from Executive Session at 4:40 p.m. 25. 23-1850 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential expansion of the lease of property at, adjacent, and near to the Art Center of Corpus Christi at 100 N. Shoreline Boulevard and properties adjacent thereto; and Texas Government Code § 551.072 to discuss and deliberate the lease or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. 26. 23-1894 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 proposals for the provision of groundwater from the Evangeline Aquifer, legal restrictions on the provision of groundwater, regulations of groundwater conservation district(s), TCEQ regulations related to potable water, state restrictions on rates and charges for utilities, other statutory restrictions on the issuance of debt and municipal contracting, Inner Harbor, desalination, and regulations related to provision of utilities and water treatment. This E-Session Item was discussed in executive session. City of Corpus Christi Page 11 Printed on 12/8/2023 City Council Meeting Minutes December 5,2023 P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 5:30 p.m. City of Corpus Christi Page 12 Printed on 12/8/2023 From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 12-05-2023-Marcia Hart Date: Monday,December 4,2023 8:01:38 AM From:Jotform<noreply@jotform.com> Sent: Sunday, December 3, 2023 6:21 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 12-05-2023 - Marcia Hart [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-05-2023 Name Marcia Hart Address Street Address: 9 Townhouse Ln City: Corpus Christi State/Province: TX Postal/Zip Code: 78412 Topic Library Board Information Agenda Item Number NA Describe Feedback: The Corpus Christi Public Library(CCPL) serves the entire community and is funded by the entire taxpayer community. There is already a policy in place for requesting books to be considered for removal or relocation. None of the newly appointed Library Board Members have any experience as librarians or Library Board Members. They appear to have only one purpose...to ban books they don't approve of. It is my understanding that the next meeting had to be delayed because there was no one qualified to run the meeting since neither the chair nor vice chair were reappointed. I suggest that the City Council reconsider their selection of members as Library Board Members. At the very least, either the previous chair or vice chair should be reappointed so that meetings can proceed. Provide an email to receive catmanor@yahoo.com a copy of your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 12-05-2023-Mona Palmer Date: Monday,December 4,2023 9:37:52 AM From:Jotform<noreply@jotform.com> Sent: Monday, December 4, 2023 9:36 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 12-05-2023 - Mona Palmer [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-05-2023 Name Mona Palmer Address Street Address: 633 Deforrest St. City: Corpus Christi State/Province: Tx Postal/Zip Code: 78404 Topic Removal of Books from the Public Libraries Agenda Item Number general public comment Describe Feedback: My name is Mona Palmer at 633 Deforrest St., I work for Del Mar College Libraries. I totally agree with the statement below. I couldn't have said it better myself. The public library is there to serve the entire community, not just a vocal minority. The books in our library reflect all viewpoints and the lived experiences of people from all walks of life. Librarians have master's degrees and receive significant education and ongoing training to develop collections that meet the broad and varied interests and needs of our community. They follow all laws, and policies and procedures which have been approved by the city council. The library is a voluntary place of inquiry; a book that is right for someone may not be right for everyone, but that does not mean it should be removed. Ultimately, it is parents' responsibility to determine what their child can and cannot read, not elected officials or other community members. Provide an email to receive mpalmer@delmar.edu a copy of your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 12-05-2023-Candace Hart Date: Monday,December 4,2023 8:01:26 AM From:Jotform<noreply@jotform.com> Sent: Sunday, December 3, 2023 2:06 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 12-05-2023 -Candace Hart [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-05-2023 Name Candace Hart Address Street Address: 2201 Anacua Street City: Corpus Christi State/Province: TX Postal/Zip Code: 78414 Topic Manipulation Agenda Item Number NA Describe Feedback: Having read the article in the Caller Times and seen television news reporting on this City Council's appointment of members of Moms for Liberty and Citizens Defending Freedom, it is obvious to me and most fair-minded people that you were played and manipulated by groups the Southern Poverty Law Center has described as extremist hate groups. Some of you have stated that you didn't know about their affiliation with these groups, even while saying you had reached out and researched the appointees. Is this what you consider due diligence? At least one of the council members stated the questions raised about certain books was not new but was a long-standing concern. Why,then, were these questions never brought to the library board for explanation if this was true? A council member said that the library board was a hostile environment. When was this or any other council member at a board meeting? Never is the answer. You've been played and manipulated and now everyone knows it. Uploads: CDF Call to Arms.png Citizens Defending Freedom Successfully Influences Library Board Appointments in Nueces County.pdf Provide an email to receive cshart77@aol.com a copy of your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: Public Input: 12-12-2023-Elizabeth Wilkins Date: Monday,December 4,2023 8:01:12 AM From:Jotform<noreply@jotform.com> Sent: Sunday, December 3, 2023 9:57 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 12-12-2023 - Elizabeth Wilkins [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-12-2023 Name Elizabeth Wilkins Address Street Address: 14906 Tesoro Dr City: Corpus Christi I State/Province: TX Postal/Zip Code: 78418 Topic Packery Channel Restoration -Contractor not cleaning up beach Agenda Item Number 0 Describe Feedback: Hi Mayor and Council Members: there is an incredible amount of garbage on the beach as a result of the packery channel dredging project. I spent two hours cleaning the beach today, and picked up two forty pound bags. I found dead animals,four hypodermic needles, and the usual rubber/plastic stuff. I think the contractor is obligated to clean up the beach, but has not done so in the week the project has been going on. Would you please hold the contractor responsible, if they are in fact supposed to clean the beach? If they are not contractually obligated to do so, would you please come up with a plan to regularly clean the beach? I saw one beach operations employee out today-and that's not enough. Thanks for the work you do. Lizzy Wilkins Uploads: IMG_6680.iaeg IMG_6681.jpeg IMG 6683.1oeZ IMG_6685.ipeg Provide an email to receive lizzy.wilkins@gmail.com a copy of your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: Public Input: 12-05-2023-Cecelia Eilering Date: Monday,December 4,2023 1:03:18 PM From:Jotform<noreply@jotform.com> Sent: Monday, December 4, 2023 12:39 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 12-05-2023 -Cecelia Eilering [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-05-2023 Name Cecelia Hering Address Street Address: 3562 Austin Street City: Corpus Christi State/Province: TX Postal/Zip Code: 78411 Topic Support for the Public Library Agenda Item Number 23-1966 Describe Feedback: As a librarian, I believe the privilege of having a public library is to have materials chosen that represent the local cultures in our community. In a broader sense, a library should also contain resources that reflect a broader world perspective. Libraries are the true source of information and inquiry in a world of misinformation and bias. I don't support banning books and materials in a free society. Ultimately, it is parents' responsibility to determine what their child can and cannot read, not elected officials or other community members. Provide an email to receive ceilering@sbcglobal.net a copy of your submission. From: CitySecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 12-05-2023-Kathleen Westergren Date: Tuesday,December 5,2023 8:01:04 AM From:Jotform<noreply@jotform.com> Sent: Monday, December 4, 2023 11:16 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 12-05-2023 - Kathleen Westergren [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of Meeting 12-05-2023 Name Kathleen Westergren Address Street Address: 3402 Ocean Dr., #33 City: Corpus Christi State/Province: TX Postal/Zip Code: 78411 Topic Corpus Christi Public Libraries Agenda Item Number F1? G? Describe Feedback: I worked in a public library in Texas for 2.5 years. While fulfilling work, it is can also be exhausting for public library staff and librarians who do amazing work with limited funding. Please do not allow a minority to complicate public library work further by trying to dictate what they think is appropriate for all. Every parent has the right to determine what their child can or cannot read, but that does not give them the right to make that decision for other parents' children. Libraries are a source of refuge for many. Public libraries, in particular, serve as a "third space" outside of home and work. It serves as a refuge for all people, whether they feel accepted by others or are not part of any particular group. While discovering a new book where one can feel accepted or empathetic is a large part of what libraries offer, ultimately, public libraries are community builders for all. Let us not waste taxpayer dollars when our city has real issues to address. Thank you. Provide an email to receive kwestergren@gmail.com a copy of your submission. From: CitvSecretary To: Sarah Brunkenhoefer Subject: FW: Port of Corpus Christi appointment--history reminder Date: Tuesday, December 5,2023 10:34:35 AM From: Cathy Fulton <mcf4040@hotmail.com> Sent: Tuesday, December 5, 2023 10:32 AM To: CitySecretary<CitySecretary@cctexas.com> Subject: [EXTERNAL]Fw: Port of Corpus Christi appointment--history reminder [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert(@cctexas.com. ] ] Please consider this for written public comment on the Port of Corpus Christi appointment. Thank you. From: Cathy Fulton <mcf4040Photmai1.com> Sent: Monday, December 4, 2023 5:24 PM To: Paulette Guajardo<paulette.guaiardona cctexas.com>; iim.kleinna cctexas.com <Jim.kleinna cctexas.com>; everett.royna cctexas.com <everett.royna cctexas.com>; roland.barrerana cctexas.com <roland.barrerana cctexas.com>; gil.hernandezna cctexas.com <gil.hernandezna cctexas.com>; Mike Pusley<mike.pusleyna cctexas.com>; michael.hunterna cctexas.com <michael.hunterna cctexas.com>; Sylvia Campos <svlvia.camposna cctexas.com>; dan.suckleyna cctexas.com <dan.suckleyna cctexas.com> Cc: peterzna cctexas.com <Deterzna cctexas.com> Subject: Port of Corpus Christi appointment--history reminder Dear Mayor Guajardo and Council Members, This is a good time to remind those that were on the council back in 2021 about Mr. Ahuja's appointment in February 2021. 1 believe it was the night prior to the February 9, 2023 meeting that Mr. Ahuja met with councilman Ben Molina. After that meeting, Mr. Ahuja then met with Sean Strawbridge at Republic of Texas Grill along with then County Judge, Barbara Canales and Doug Allison. No city representatives were present. This meeting should give pause to anyone considering reappointment to Mr. Ahuja. Meeting with the county judge (who just left the Port commission), her attorney husband and the CEO the night before the CITY appointment? Red flags should have flown right then. Mr. Ahuja has failed to support the City in its water development efforts. Instead, he has gone against the City on every vote and supported water development only for the POCCA. He spent the first two years of his term saying, "I'm still learning" and that would be the extent of his input to a meeting. Only recently has Mr. Ahuja attempted to ask constructive questions. In the end, Mr. Ahuja fails to investigate any major issues at the Port and plays follow-the- leader on votes. It is also questionable the Mr. Ahuja is in business with Dr. Michael Mintz who owns Catahoula Water Company, LLC. Is this a conflict-of-interest to the Port, City or both? Enough is enough! It's time for a clean slate and ethics need to be emphasized. There're a few good candidates with the needed knowledge and civic experience without conflict-of-interests that would be good on the commission. A clean slate is what the POCCA needs to restore its damaged reputation and move the Port forward for commerce in the Coastal Bend. Respectfully, Cathy Fulton Port Aransas, TX 432-386-3945 so �o o� � PH AGENDA MEMORANDUM RCORPOR I First Reading Ordinance for the City Council Meeting of December 5, 2023 1852 Second Reading Ordinance for the City Council Meeting of December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Brandon Wade, Chief of Fire brandonw@cctexas.com 361-826-3935 Determining Public Necessity and authorizing acquisition of property by eminent domain for the Fire Station No. 8 Project CAPTION: Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC. for Fire Station 8 in an amount up to $290,000.00 and authorizing the use of the power of eminent domain, if needed, to acquire the property. 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 fee simple property rights for construction of Fire Station 8. In the event the City and property owner are not able to agree, this ordinance authorizes the City Manager to proceed with eminent domain proceedings in order to acquire the property interests needed for this public safety 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: In November 2022, voters approved Bond 2022 which includes designing and acquiring land for Fire Station 8 currently located at Kostoryz Road. The Fire Department has conducted detailed response time modeling for multiple potential available sites including city-owned parks. Based on the response time modeling, the Fire Department believes the property located at 4909 Kostoryz Road and 3115 McArdle Road owned by Ifergan Michel, LLC. is the preferred location for the new Fire Station 8. The Fire Department modeled several properties, to include City owned and private property, to obtain four-minute, five-minute, and six-minute travel times to obtain response coverage for Fire Station 8. The location at 4909 Kostoryz and 3115 McArdle offered the greatest coverage for locations within this area with high incident volume and gaps in response time coverage. This location allows the Fire Department to have greater response coverage south of South Padre Island Drive and along South Padre Island Drive. Ifergan Michel, LLC. of San Antonio, Texas acquired the property in 2013. The structure has been unoccupied for many years and has fallen into such disrepair that it is a hazard and needs to be demolished. The structure's integrity and status makes it a hazard to any unauthorized public who make access to the property and emergency service personnel entering the building for emergency response or public service assistance. City staff has attempted to negotiate with the property owner. The owner had advertised the property previously at $600,000. The asking price doubled to $1,200,000 when the City inquired. The City has informally offered the previously advertised amount but has not received a response for acceptance, rejection or submission of a counteroffer. City staff have concluded that negotiations have ceased and will not result in the acquisition of the needed tract of land. Based on this, staff requests that City Council authorize City staff to exercise and initiate eminent domain procedures to acquire the tract of land. The City has obtained an appraisal of the property. The property was appraised at $290,000, which is $600,000 for the property minus $310,000 demolition costs. To comply with the Texas Property Code, City staff will proceed with making a best and final offer equal to the appraised value before initiating condemnation procedures. ALTERNATIVES: The alternative is to decline the proposed use of eminent domain and instead have the City search for other properties for the relocation of Fire Station 8 that are less optimal that the purposed site. FINANCIAL IMPACT: The fiscal impact in FY 2024 is in the amount of $290,000.00 with funding available from Bond 2022. FUNDING DETAIL: Fund: 2023 GO Bd 22 Prop C - Fire (Fund 3195) Department: Fire (10) Org: Grants and Capital Projects (89) Account: Land and Right of way (550701) Activity: 23178-3195-EXP Amount $290,000.00 RECOMMENDATION: Staff recommends approval of ordinance to acquire property for the Fire Station 8 relocation project, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC for $290,000.00 and authorizing the use of the power of eminent domain proceedings to acquire the property WHEREAS, the City of Corpus Christi ("City") requires multiple tracts of real property interests consisting of approximately 2.3 acres located at 4909 Kostoryz Road and 3115 McArdle Road, for public use as a public building known as Fire Station No. 8 in accordance with Texas Government Code 2206.001(c)(4); WHEREAS, the value of the property rights for said public safety project to be acquired from Ifergan Michel, LLC has been appraised at $290,000.00 by Lowery Property Advisors, LLC; WHEREAS, the Nueces County Appraisal District value for 4909 Kostoryz Road is $317,631 .00 and 3115 McArdle Road is $299,521 .00 for a total taxable value of $617,152.00; WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, 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 no Councilmember objecting to adoption by single ordinance for all units of property for which condemnation 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 Section 2206.053(f), the City Council finds that the multiple tracts or units of property to be acquired pursuant to this ordinance are required to construct facilities connecting one location to another location, and are necessary to advance the public uses recited herein; 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 execution of all documents necessary, and alternatively, the use of the power of eminent domain, to acquire approximately 2.3 acres of real property from Ifergan Michel, LLC, located at or near 4909 Kostoryz Road and 3115 McArdle Road for public use as a fire station." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That 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 Fire Station Number 8 at 4909 Kostoryz Road with a Legal Description of LEXINGTON PL NE54' OF LT U & ALL LT V and 3115 McArdle Road 2 with a Legal Description of LEXINGTON PL W52' OF LTS 5 & 6 & ALL LTS 7 & 8 BK N, and it is in the public interest to acquire the fee simple property rights needed as shown on the attached Exhibit A - Project Location Map, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land. Section 3. That the City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple property interests for construction of a new Fire Station No. 8, located at 4909 Kostoryz Road and 3115 McArdle Road, including acceptance and recording of legal documents. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against all interested parties of the property proceedings in eminent domain in accordance with State law to acquire the easement and fee simple interests in the property. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, 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 authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter subject to the availability of funds appropriated for such purposes. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties at the appraised amount, all without requiring additional City Council consideration or approval. Section 5. That this ordinance authorizing condemnation proceedings over the property described and depicted in the Project Location Map shall be approved by single record vote of the City Council. Section 6. That this ordinance shall take effect immediately from and after its passage, and it is so ordained. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary •it A - Project Location . • 40 t k r` x � , r . r ,� Capital Improvement Flan 2024 /brit 2026 City of Corpus Christi, Texas Project# 23178 Project Name Fire Station #8(Design Only) Type Improvement/Additions Department Fire Department Useful Life 40 years Contact Fire Chief Category Buildings-New Priority Important-Community Investment Council District 2 Status Active Description The project will consist of purchasing land and the design of the replacement of Fire Station 8 located at Kostoryz Rd and Sunnybrook Rd. The proposed new station is envisioned to be 3-bay garage with room for an Engine Company,Ambulance,and other necessary equipment to meet the City's and Fire Department's needs. Justification The fire station is 68 years old and is in need of replacement due to it is energy inefficiency, degraded foundation, and the antiquated infrastructure from its 1955 design specifications. The station is one of the busiest stations in Corpus Christi. In 2022,Fire and EMS Companies from Fire Station 8 responded to 8,454 calls for service with Medic 8 responding to 4,849 calls and Engine 8 responded to 3,605 calls. The fire station is 68 years old and is in need of replacement. Expenditures Prior Years 2024 2025 2026 Total Land Acquisition 1,100,000 1,100,000 Design 680,000 680,000 Eng,Admin Reimbursements 20,000 200,000 220,000 Total 700,000 1,300,000 2,000,000 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond 2022 700,000 1,300,000 2,000,000 Total 700,000 1,300,000 2,000,000 Budget Impact/Other 71 No new personnel will be needed to staff the fire Station. The Fire Department will use current staffing and apparatus at the station limiting the costs of the project to demolition,design costs and construction.Anticipate significant efficiencies in utilities and repair/maintenance costs. An assessment will be done upon completion of project to determine ongoing or maintenance costs. 209 Corpus Chr sti Engineering FIRE STATION #8 Council Presentation December 5, 2023 Project Location Corpus cnrsti Engineering PROJECT LOCATON ? " V ao 77- a�, /r VICINITY MAP HI .4hWE + �SP CH� VICINITY,MA ormaoKe , - A V - ra _toPnun EXISTING LOCATION zyiH Zea . 358 PROPOSED LOCATION s� PROPOSED LOCATION / C c PROJECT NUM BER�23178 r AERwr MAr PROJECT NUMB ER:23178 r • Background • In November 2022, voters approved Bond 2022 which includes designing and acquiring land for FS #8 • CCFD conducted detailed response time modeling for multiple potential available sites • Based on the response time modeling, CCFD believes the property at 4909 Kostoryz Road and 3115 McArdle Road is the preferred location for the new FS #8 • Ifergan Michel, LLC. of San Antonio, Texas acquired the property in 2013 3 Background Continued • City has attempted to negotiate with the property owner — Owner had advertised the property previously at $600,000 (asking price doubled when the City inquired) • City informally offered the previously advertised amount but has not received a response for acceptance, rejection or submission of a counteroffer • City has concluded that negotiations have ceased and will not result in acquisition of needed tract of land — Based on this, staff requests that City Council authorize City staff to exercise and initiate eminent domain procedures to acquire the tract of land. Background Continued • The structure has been unoccupied for many years and has fallen into such disrepair that it is a hazard and needs to be demolished • The structure's integrity and status makes it a hazard to any unauthorized public who make access to the property and emergency service personnel entering the building for emergency response or public service assistance Property Appraisal Corpus Chr sti Engineering Property located at: 4909 Ko storyz Rd/3115 McArdle Road Appraised at $290,000 ($600,000 — $310,0000 (demolition)) i , f h r a • x r� ` x ♦ :ID&g iS w. { o a p t Corpus Christi Fire DepartrT Corpus Christi Fire Department Station 8 Current Trave[Isochrones Station 8 Kostoryz McArdle Travel Isochrones II J� rIj _ � a Fire Station 8 Locations _ — - Fire Station 8 Locations - •Fres her u _ 1.. xrn St 8C—,t Location r, - SL35 Mc,d:e _ E:1LLrren:4 it JMcAldle 4 min —. _Nrren;Smir - - _WkdL 5min C rrenm min - JMrArdl�6 min 5ns9.0�sumegnorormmnnd � cv,srza.arn'usmmar mwrme wgwim I�. Corpus Department Station 8 Proposed Locations r' f All , w - � <yt` l�spy,. 4 �� �,`�� ,t1 "� {' .�*' •.• •• ' C Fire Station 8 Locations W th Ambulance • � " � � • . '..�_. • NOAmbulan Sta S Currentce Lova[on �• " Ste 8 McArdte Location � FMz�_sta e cater � : � '� ��•�� i �� / r� ��_ '�'.^- �.. Curr€,t a min travel. � C tylimits WArd to 6 min travel t _ • v ^ `"��a�y rtmxin eie.mtZnum.�s.ttl••stnmr�Tm"e�r �mte I � • • .. `I 1 � Corpus Chr sti Engineering QUESTIONS? AGENDA MEMORANDUM First Reading for the City Council Meeting of December 5, 2023 Second Reading for the City Council Meeting of December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Amendment to Participation Agreement with MPM Development, L.P. Royal Creek Unit 7 CAPTION: Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on November 7, 2017, to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. SUMMARY: MPM Development, L.P. proposed to extend the Oso Parkway to serve a new planned development known as Royal Creek Unit 7. This ordinance is to extend the allowable time on the agreement by an additional 24 months and increase the City's contribution by $185,887.26 for a total contracted amount of$393,274.11. BACKGROUND AND FINDINGS: The City and Developer entered into a participation agreement dated November 7, 2017, for the extension of Oso Parkway for a total city contribution of $207,386.85. Agreement between the city and the developer is currently on the third amendment for time: First Amendment— November 7, 2019, for 12 Months Second Amendment— November 7, 2020, for 12 Months Third Amendment— November 7, 2021, for 24 Months This constitutes a fourth amendment to the contract. However, in previous amendments, the Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and an increase in the City's contribution to the extension of Oso Parkway due to an increase in expected costs. Following is a table showing the original cost estimates versus the proposed new cost estimates for the project. Original Revised Revised Original Unit Cost Unit Cost Street Participation Qty Unit Cost Cost 1 4 Inch Thick Concrete Walk 6,013 SF $4.50 $27,058.50 $11.00 $66,143.00 Overthickness 2 Inch HMAC to 2 4 Inch HMAC 6,279 SY $17.50 $109,882.50 $30.00 $188,370.00 Overthickness 8 Inch Crushed Limestone Base to 11 Inch 3 Crushed Limestone 7,676 SY $6.50 $49,894.00 $13.00 $99,788.00 Engineering, Surveying & 4 Testing $20,551.85 $38,973.11 TOTAL $207,386.85 $393,274.11 ALTERNATIVES: Deny the amendment altogether. Deny the increase in cost but approve the time extension. FINANCIAL IMPACT: The fiscal impact for FY 2024 is an amount of $185,887.26 coming from Development Services fund from the Public Works (Street) Fund operating transfer. The total cost of the project was originally $207,386.85 paid by Bond 2012 Proposition 8 funds. Increased cost estimates of $185,887.26 brings the total required funding to $393,274.11. Funding Detail: Fund: Development Services (Fund 4670) Department: Development Services (56) Organization: Land Development (11200) Project: Royal Creek Estates Unit 7 (Project D1801) Account: Construction (550910) Activity: D1801014670EXP Amount: $185,887.26 RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.4. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Amendment Presentation Certification of Funds Location Map Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P. to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. WHEREAS, the developer will only proceed with construction if the reimbursement reflects an update to the cost of construction. 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 an amendment to the Participation Agreement with MPM Development, L.P. ("Developer") to extend the contract term to November 7, 2024, and to increase funding by $185,887.26 for a total not to exceed amount of $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard. SECTION 2. The Fiscal Year 2023-24 operating budget adopted by ordinance 033151 is amended by transferring $185,887.26 from the No. 1041 Public Works (Street) Fund to the No. 4670 Development Service Fund increasing revenues and expenditures. SECTION 3. $185,887.26 is appropriated in the No. 4670 Development Service Fund to fund the Participation Agreement with MPM Development, L.P.for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary FOURTH AMENDMENT OF PARTICIPATION AGREEMENT This is an amendment to the Participation Agreement, Document number 2017048025, for Royal Creek Unit 7, originally dated November 7, 2017, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Participation Agreement, Sections C, subsection 3 of Section K, and Section Q as follows: C. 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 Roadway Extension shall not exceed $393.274.11.The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 6, Updated Cost Estimate. K. DEFAULT. The following events shall constitute default: 3. The Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before November 7, 2024. Q. This Agreement becomes effective, is binding upon, and inures to the benefits of the City and the owner from and after the date of the last signatory to this Agreement. This Agreement expires on November 7, 2024, unless terminated earlier in accordance with the provisions of the Agreement. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of , 2023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Contract Holder: MPM Development,LP Contract Date: 06.25.2020 Project Name: Royal Creek Estates Unit 7 Project Type: Streets Participation Original Cost Estimate Revised Cost Estimate Cost Amended Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 4Inch Thick 4Inch Thick 4Inch Thick 1 Concrete Walk 6,013 SF $ 4.50 $27,058.5C 1 Concrete Walk 6,013 SF $11.00 $66,143.00 1 Concrete Walk 6,013 SF $6.50 $39,084.5 Overthickness 2 Inch Overthickness 2 Inch Overthickness 2 Inch HMAC to 4Inch HMAC to 4 Inch HMAC to 4Inch 2 HMAC 6,279 SY $ 17.50 $109,882.5C 2 HMAC 6,279 SY $30.00 $188,370.00 2 HMAC 6,279 SY $12.50 $78,487.5 Overthickness 8 Inch Overthickness 8 Inch Overthickness 8 Inch Crushed Limestone Crushed Limestone Crushed Limestone Base to 11 Inch Base to 11 Inch Base to 11 Inch 3 Crushed Limestone 7,676 SY 1 $ 6.50 1 $49,894.00 3 lCrushed Limestone 17,6761 SY 1 $13.001 $99,788.00 3 lCrushed Limestone 17,6761 SY 1 $6.50 $49,894.0 SUBTOTALI$186,835.00 SUBTOTALI $354,301.00 SUBTOTALI$167,466.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES $0.00 SUBTOTALI$186,835.00 SUBTOTALI $354,301.00 SUBTOTALI$167,466.00 ENGINEERING,SURVEYING&TESTING1 $20,551.85 ENGINEERING,SURVEYING&TESTING $38,973.11 ENGINEERING,SURVEYING&TESTING $18,421.2 TOTAL ORIGINAL PARTICIPATION AMOUNT $207,386.85 TOTAL REVISED PARTICIPATION AMOUN $393,274.11 TOTAL COST AMENDMENT REQUES $185,887.26 Original Amount: $207,386.85 Revised Participation Amount: $393,274.11 Total Cost Amendment Request on Participation Amount: $185,887.26 Royal Creek Unit 7 Participation Agreement Amendment Number 4 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P. to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works Fund to the Development Services Fund.. Location Map .w ASO n,1+off @ 44 �„•, F • i ,_ /B +Rc a,�✓� FI� "fes `Y - .,. tiR Royal Creek Estates Unit 7 { �` (12.116 Acres) � A Extension of Time November 7, 2017 MPM Development, LP and the City entered a 24-month participation agreement requiring the developer to construct a larger than required street, including street curb, gutter, and 4-foot-wide sidewalk. November 7, 2019 Participation Agreement extended for 12 months November 7, 2020 Participation Agreement extended for 12 months November 7, 2021 Participation Agreement extended for 24 months November 7, 2023 Request for fourth extension (24 months) and increase in cost Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amended Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 4 Inch Thick Concrete 61013 $ 4.50 4 Inch Thick Concrete 4 Inch Thick Concrete $27,058.50 1 Walk 6,013 SF $11.00 $66,143.00 1 Walk 6,013 SF $6.50 $39,084.50 Overthickness 2 Inch Overthickness 2 Inch Overthickness 2 Inch HMAC to 4 Inch HMAC to 4 Inch HMAC to 4 Inch 2 HMAC 6,279 SY $ 17.50 $109,882.50 2 HMAC 6,279 SY $30.00 $188,370.00 2 HMAC 6,279 SY $12.50 $78,487.50 Overthickness 8 Inch Overthickness 8 Inch Overthickness 8 Inch Crushed Limestone Crushed Limestone Crushed Limestone Base to 11 Inch Base to 11 Inch Base to 11 Inch 3 Crushed Limestone 7,676 SY $ 6.50 $49,894.00 3 Crushed Limestone 7,676 SY $13.00 $99,788.00 3 Crushed Limestone 7,676 SY $6.50 $49,894.00 SUBTOTAL $186,835.00 SUBTOTAL $354,301.00 SUBTOTAL $167,466.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 SUBTOTAL $186,835.00 SUBTOTAL $354,301.00 SUBTOTAL $167,466.00 ENGINEERING,SURVEYING&TESTING $20,551.85 ENGINEERING,SURVEYING&TESTING $38,973.11 ENGINEERING,SURVEYING&TESTING $18,421.26 TOTAL ORIGINAL PARTICIPATION AMOUNT $207,386.85 TOTAL REVISED PARTICIPATION AMOUNT $393,274.11 TOTAL COST AMENDMENT REQUEST $185,887.26 4 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.4 City Participation in Streets and Drainage Crossings. y % vF ham-°a'���-�• `�•wT� :�'��,r� � �.. r iRk A w R i ii T IL Li e IM 2444 Royal Creek Estates Unit y � SUBJFL" 6399 Rock Crest Dr PROPERTY, Council District _ L{ PON 11 0 5 IIII.i: AGENDA MEMORANDUM First Reading for the City Council Meeting of December 5, 2023 Second Reading for the City Council Meeting of December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Amendment to Participation Agreement with MPM Development, L.P. Royal Creek Unit 8 CAPTION: Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. SUMMARY: MPM Development, L.P. proposed to extend the Oso Parkway to serve a new planned development known as Royal Creek Unit 8. This ordinance is to extend the allowable time on the agreement by an additional 24 months and increase the City's contribution by $167,107.72 for a total contracted amount of$352,113.09. BACKGROUND AND FINDINGS: The City and Developer entered into a participation agreement dated December 7, 2018, for the extension of Oso Parkway for a total City contribution of $185,005.37. Agreement between the City and the developer is currently on the second amendment for time: First amendment— December 8, 2020, for 12 months Second amendment — December 8, 2021, for 24 months This constitutes a third amendment to the contract. However, in previous amendments, the Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and an increase in the City's contribution to the extension of Oso Parkway for an increase in expected costs. Following is a table showing the original cost estimates versus the proposed new cost estimates for the project. Original Unit Original Revised Revised Street Participation Qty Unit Cost Cost Unit Cost Cost 1 4 Inch Thick Concrete Walk 5,778 SF $4.50 $26,001.00 $11.00 $63,558.00 Overthickness 2 Inch HMAC to 4 Inch 2 HMAC 5,536 SY $17.50 $96,880.00 $30.00 $166,080.00 Overthickness 8 Inch Crushed Limestone 3 Base to 11 Inch Crushed Limestone 6,737 SY $6.50 $43,790.50 $13.00 $87,581.00 Engineering,Surveying&Testing $18,333.87 $34,894.09 TOTAL $185,005.37 $352,113.09 ALTERNATIVES: Deny the amendment altogether. Deny the increase in cost but approve the time extension. FINANCIAL IMPACT: The fiscal impact for FY 2024 is an amount of $167,107.72 coming from Development Services fund from the Public Works (Streets) fund operating transfer. The total cost of the project was originally $185,005.37 paid by Bond 2012 Proposition 8 funds. Increased cost estimates of $167,107.72 brings the total required funding to $352,113.09. Funding Detail: Fund: Development Services (Fund 4670) Department: Development Services (56) Organization: Land Development (11200) Project: Royal Creek Estates Unit 8 (Project D1803) Account: Construction (550910) Activity: D1803014670EXP Amount: $167,107.72 RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.4. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Amendment Presentation Certification of Funds Location Map Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P. to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. WHEREAS, the developer will only proceed with construction if the reimbursement reflects an update to the cost of construction. 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 an amendment to the Participation Agreement ("Agreement") with MPM Development, L.P. ("Developer") to extend the construction deadline to December 6, 2024, and to increase funding by $167,107.72 for a total not to exceed amount of $352,113.09 for the residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard. SECTION 2. The Fiscal Year 2023-24 operating budget approved by ordinance 033151 is amended by transferring $167,107.72 from the No. 1041 Public Works (Street) Fund to the No. 4670 Development Service Fund increasing revenues and expenditures. SECTION 3. $167,107.72 is appropriated in the No. 4670 Development Service Fund to fund the Participation Agreement with MPM Development, L.P.for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary W 'pr ' � � r mv4^' .. ..:s q .,+✓ �� a �. ... JAfi w . r ... .M .. , a� Proposed Royal Creek '"'4" ic-c r Estates Emit 8 ". Scale- f=6.000 C ty Of �tOC MON MAF Chns�ti THIRD AMENDMENT OF PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossing Per UDC §8.4 This is an amendment to the Participation Agreement, document number 2018053882, for Royal Creek Unit 8, originally dated December 7, 2018, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Participation Agreement, Section 3, subsection 3 of Section 11, and Section 28 as follows: Section 3. 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 Roadway Extension shall not exceed $352,113.09. The parties acknowledge and confirm the total cost estimate for construction of the Off-Site Stormwater Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 6, Updated Cost Estimate. Section 11. DEFAULT. The following events shall constitute default: 3. The Developer fails to complete construction of the Roadway Extension under the approved plans and specifications on or before December 6, 2025. Section 28. 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. This agreement expires on December 6, 2025, unless terminated earlier in accordance with the provisions of the agreement. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this day of , 2023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Contract Holder: MPM Development,LP Contract Date: 12/7/2018 Project Name: Royal Creek Estates Unit 8 Project Type: Streets Participation Original Cost Estimate Revised Cost Estimate Cost Amended Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 4Inch Thick 4Inch Thick 4Inch Thick 1 Concrete Walk 5'778 SF $ 4.50 $26,001.00 1 Concrete Walk 5,778 SF $11.00 $63,558.00 1 Concrete Walk 5,778 SF $6.50 $37,557.0 Overthickness 2 Inch Overthickness 2 Inch Overthickness 2 Inch HMAC to 4Inch HMAC to 4 Inch HMAC to 4Inch 2 HMAC 5,536 SY $ 17.50 $96,880.00 2 HMAC 5,536 SY $30.00 $166,080.00 2 HMAC 5,536 SY $12.50 $69,200.0 Overthickness 8 Inch Overthickness 8 Inch Overthickness 8 Inch Crushed Limestone Crushed Limestone Crushed Limestone Base to 11 Inch Base to 11 Inch Base to 11 Inch 3 Crushed Limestone 6,737 SY 1 $ 6.50 1 $43,790.5C 3 lCrushed Limestone 16,7371 SY 1 $13.00 $87,581.0 3 Crushed Limestone 6,737 SY $6.50 $43,790.5 SUBTOTAL $166,671.50 SUBTOTAL $317,219.00 SUBTOTALI$150,547.50 10%CONTINGINCIES 0.00 10%CONTINGINCIES 0.00 10%CONTINGINCIES $0.00 SUBTOTALI$166,671.50 SUBTOTALI $317,219.00 SUBTOTAL $150,547.50 ENGINEERING,SURVEYING&TESTING1 $18,333.87 ENGINEERING,SURVEYING&TESTING $34,894.09 ENGINEERING,SURVEYING&TESTING $16,560.2 TOTAL ORIGINAL PARTICIPATION AMOUNT $185,005.37 TOTAL REVISED PARTICIPATION AMOUN $352,113.09 TOTAL COST AMENDMENT REQUES $167,107.72 Original Amount: $185,005.37 Revised Participation Amount: $352,113.09 Total Cost Amendment Request on Participation Amount: $167,107.72 Royal Creek Unit 8 Participation Agreement Amendment Number 3 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. Location Map D a+ 14 1 0 l(o kms; r Royal Creek Estates Unit 8 (10.544 Acres) D n� Z Extension of Time December 7, 2018 MPM Development, LP and the City entered a 24-month participation agreement requiring the developer to construct a larger than required street, including street curb, gutter, and 4-foot-wide sidewalk. December 8, 2020 Participation Amendment #1 for time (extended for 12 months) December 8, 2021 Participation Amendment #2 for time (extended for 24 months) December 8, 2023 Request for Participation Amendment#3 for time (24 months) and increase in cost Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amended Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 4Inch Thick 5,778 $ 4.50 4Inch Thick 4Inch Thick 1 Concrete Walk SF $26,001.00 1 Concrete Walk 5,778 SF $11.00 $63,558.00 1 Concrete Walk 5,778 SF $6.50 $37,557.00 Overthickness 2 Inch Overthickness 2 Inch Overthickness 2 Inch HMAC to 4 Inch HMAC to 4 Inch HMAC to 4 Inch 2 HMAC 5,536 SY $ 17.50 $96,880.00 2 HMAC 5,536 SY $30.00 $166,080.00 2 HMAC 5,536 SY $12.50 $69,200.00 Overthickness 8 Inch Overthickness 8 Inch Overthickness 8 Inch Crushed Limestone Crushed Limestone Crushed Limestone Base to 11 Inch Base to 11 Inch Base to 11 Inch 3 Crushed Limestone 6,737 SY $ 6.50 $43,790.50 3 Crushed Limestone 6,737 SY $13.00 $87,581.00 3 Crushed Limestone 6,737 SY $6.50 $43,790.50 SUBTOTAL$166,671.50 SUBTOTAL$317,219.00 SUBTOTAL $150,547.50 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 10%CONTINGINCIES $0.00 SUBTOTAL$166,671.50 SUBTOTAL$317,219.00 SUBTOTAL $150,547.50 ENGINEERING,SURVEYING&TESTING $18,333.87 ENGINEERING,SURVEYING&TESTING $34,894.09 ENGINEERING,SURVEYING&TESTING $16,560.22 TOTAL ORIGINAL PARTICIPATION AMOUNT$185,005.37 TOTAL REVISED PARTICIPATION AMOUNT$352,113.09 TOTAL COST AMENDMENT REQUEST$167,107.72 4 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.4 City Participation in Streets and Drainage Crossings. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of December 5, 2023 1852 Second Reading for the City Council Meeting of December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Dan McGinn, Director of Planning and Community Development danielmc(a)-cctexas.com (361) 826-7011 Sale and Conveyance of 3.47-acre parcel of surplus land to TG 110, Inc. CAPTION: Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47-acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47-acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for $10 and development of affordable housing. SUMMARY: This ordinance sells and conveys approximately 3.47 acres of City-owned land to TG 110, Inc. for their use in the future development of affordable housing; consisting of the former Mirabeau B. Lamar Elementary School 2.07-acre site; a 0.41-acre road easement known as Mary Street, which is proposed to be abandoned; and eight additional lots fronting the north portion of this segment of Mary Street that total 0.99 acres. TG 110 will assume property maintenance responsibilities, including mowing and litter abatement upon execution of the agreement. BACKGROUND AND FINDINGS: Project History • May 2023: The Ed Rachal Foundation gifted the former Lamar Elementary School site to the City along with 55 smaller parcels in the vicinity of the larger site in May of 2023. • Recognizing the unique opportunity to implement the recently adopted Westside Area Development Plan by attracting new development investments, addressing residents' request for a variety of housing options, stabilizing this established neighborhood, and delivering public safety improvements for area residents, City staff issued a request for letters of interest (RFI) to work with one or more experienced housing developers. • RFI Outreach and Marketing o RFI published on City Website in early August 2023 o City News Release and Council Memo issued August 4, 2023 o Email notification sent to over 50 housing development contacts o Staff presentation at the Development Services Task Force meeting on August 18, 2023 • The RFI period closed on September 11, 2023. Five proposals were submitted. Next Steps • City Council presentation for Recommendation of Resolution of Support for 9% Low-income Housing Tax Credits • Council agenda item - right of way closure for a portion of Mary Street • Planning Commission and Council agenda items and rezoning public notice procedures to support infill housing development for RFI parcels. ALTERNATIVES: Of the five development proposals submitted, Prospera's is the only multifamily, affordable housing tax credit development. Allowing this land to be conveyed to TG 110, Inc., Prospera's local nonprofit partner, provides for a more efficient use of the property. The nonprofit housing developer proposes to deliver the largest number of units at varying affordability, as well as the longest period of affordability. In addition, the project proposes to incorporate federal and state funds into the development capital stack, creating a significant return for the City. Moreover, the City is in the process of meeting with the other four housing developers who submitted proposals to discuss opportunities for developing the remaining 47 lots included in the RFI and developing a strategic approach to expedite infill housing construction that creates synergistic investments benefiting all parties, including current neighborhood residents. The City can choose to not sell the property, but it will remain vacant and will require ongoing city-funded site maintenance. FISCAL IMPACT: Though the vacant land was gifted to the City, there are ongoing maintenance costs such as mowing and litter abatement as well as more difficult to quantify service cost impacts on the surrounding neighborhood caused by the preponderance of vacant lots. The City ordered an appraisal of the property. The appraisal was conducted by Lowery Property Advisors, LLC. on November 15, 2023, and the property has an appraised value of$510,000.00. The fiscal impact for FY 2024 is revenue payment to the City in an amount of$10.00 to be deposited into the General Fund as well as the assumption of property maintenance by TG 110 Inc. The developed property will be placed back on the property tax rolls at 50% of its value based on State Tax Law on affordable housing. Funding Detail: Fund: 1020 General Fund Organization/Activity: 11020 General Governmental Revenue Department: 888 Revenue Project # (CIP Only): Account: 343590 Sale of Scrap/City Property RECOMMENDATION: City staff recommends approval of the Ordinance for the sale and conveyance of City property at or near 2212 Morris St. to TG 110, Inc. for site redevelopment into an affordable housing project. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Appraisal Request for Interest PowerPoint Presentation Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47-acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47-acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for $10 and development of affordable housing WHEREAS, in accordance with Texas Local Government Code §253.011, the City may transfer to a nonprofit organization, for consideration in the form of an agreement between the parties that requires the nonprofit organization to use the property in a manner that primarily promotes a public purpose of the municipality without complying with the notice and bidding requirements of Texas Local Government Code § 272.001(a) or other law. WHEREAS, the City owns the former Lamar Elementary Site and nearby Neighborhood Parcels, which combined, is 3.47-acre tract of surplus land located at or near 2212 Morris St, as further described as Lots 1-7, 8A, 10-12, Block 1 & 2, Eckerd, Corpus Christi, Nueces County, Texas, and 0.41-acre (18,000 SF) road easement known as Mary Street, which is proposed to be abandoned, as shown in (Exhibit A) attached hereto and incorporated by reference; WHEREAS, TG 110 Inc. is proposing the development of the former Lamar Elementary Site and nearby Neighborhood Parcels for affordable housing for low-income households utilizing housing tax credits; and WHEREAS, the option contract and the sale and conveyance of surplus land are authorized pursuant to Texas Local Government Code §253.011 and/or §272.001(g). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. Section 2. The City Manager or designee is authorized to execute an options contract with TG 110 Inc. for the option to purchase property located at or near 2212 Morris St, described as being a total of 3.47 acres (Exhibit A), including Lot 1, Block 1, Eckerd Subdivision, and Lots 1,2,3,4,5,6,7, 8A, 10,11, and 12, Block 2, Eckerd Subdivision, Corpus Christi, Nueces County, Texas and 0.41-acre subject to a road easement known as Mary Street, which is proposed to be abandoned, in exchange for$10 and maintenance of the property, for a period ending March 31, 2025, with such option exercisable upon receipt of a housing tax credit from Texas Department of Housing and Community Affairs. Section 3. The City Manager or designee is authorized to execute all documents necessary to sell and convey an approximately 3.47-acre parcel of surplus land located at or near 2212 Morris St, described including Lot 1, Block 1, Eckerd Subdivision, and Lots 1,2,3,4,5,6,7, 8A, 10,11, and 12, Block 2, Eckerd Subdivision, Corpus Christi, Nueces County, Texas, and 0.41- acre subject to a road easement known as Mary Street, which is proposed to be abandoned, in exchange of $10 and development of the property for affordable housing for low-income households. 1 Introduced and voted on the day of 2023. PASSED and APPROVED on the day of 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 n P1 x M� i u M 1 '.�.' .•.�.�..� .r ... may_ .,,... .4'.m"�v' ` r� i d_ fC . r r . -P m ^ mY � r P•� ��`�� W - r ire Ld IF n � — Jr ^v , w • �r ery � 7 ^ W 4f•. � n u 'N o r, Page 1 of 8 OPTION FOR SALE OF REAL PROPERTY Whereas, TG 110, Inc. is a Texas Nonprofit Corporation exempt from federal taxation under Section 501(c)(3), Internal Revenue Code of 1986, as amended; Whereas, TG 110, Inc., has proposed property development of the Former Lamar Elementary Site and Nearby Neighborhood Parcels and; Whereas, the City of Corpus Christi seeks to have property developed for affordable housing for low-income households as a primary activity to promote the community-based revitalization of the City. Now, therefore, for and in consideration of $10 and property maintenance, the City of Corpus Christi, hereinafter referred to as "City" hereby grants to TG 110, Inc., hereinafter referred to as "Optionee", an exclusive right and option to purchase the following described property: Being a total of 3.47 acres located at 2212 Morris St, Corpus Christi, TX 78405 (Exhibit A), including Lot 1 , Block 1 , Eckerd Subdivision, and Lots 1 ,2,3,4,5,6,7, 8A, 10,11 , and 12, Block 2, Eckerd Subdivision, Corpus Christi, Nueces County, Texas, and 0.41-acre subject to a road easement known as Mary Street, which is proposed to be abandoned. Section 1. Property Maintenance Optionee shall maintain the described property by mowing all grass and vegetation as often as necessary to maintain a height of less than 12 inches, effective upon execution of this Agreement. Optionee shall not allow weeds or brush twelve inches or higher to grow on the described property. Additionally, the Optionee will keep the described property free of litter and solid waste. Section 2. Option Period The option to purchase the property, hereinafter referred to as the "Option", shall commence upon the final execution of this contract and will expire on March 31 , 2025, without notice to the Optionee. This option may only be exercised by Optionee after being awarded a housing tax credit from the Texas Department of Housing and Community Affairs to develop the described property. Section 3. Purchase Price The purchase price for the above-described property is $10. The consideration paid herein shall be applied against the purchase price. Section 4. Forfeiture of Consideration If Optionee fails to exercise this Option before its expiration, the consideration paid herein shall be retained by City. Section 5. Reverter Clause The deed shall include an automatic reverter clause that complies with Texas Local Government Code §253.011 and/or §272.001 . 135392173v.1 Page 2 of 8 Section 5. Notice of Option's Exercise The Optionee's election to exercise this Option shall be by execution and delivery to the City of the attached Real Estate Sales Contract on or before the expiration date hereof. Upon delivery of said executed sales contract, City shall forthwith execute the same within five (5) days. Section 6. Assignability of Option Optionee shall not assign the Option, except to a special purpose entity under common control with Optionee. City shall not assign the Option. In the event an assignment is attempted, in violation of this Section, then Optionees' rights under this Option Contract shall automatically and immediately terminate without notice. Section 7. Notice Unless otherwise provided herein, any notice, tender, or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed received as of actual receipt or three business days from mailing, whichever is earlier. Mailed notices shall be addressed as set forth below, but each party may change his or her address by written notice in accordance with this Section. To the City: City of Corpus Christi Attn: Director of Planning and Community Development P.O. Box 9277 Corpus Christi, TX 78469-9277 To the Optionee: TG 110, Inc. 3419 Nacogdoches Road San Antonio, Texas 78217 Section 8. Binding Effect This Option shall be binding on City and shall inure to the benefit of Optionee. Remainder of page intentionally left blank; signature page to follow. 135392173v.1 Page 3 of 8 Executed this day of at County, Texas. Optionee Jacque Woodring, Executive Director Date TG 110, Inc. 3419 Nacogdoches Road San Antonio, Texas 78217 City Peter Zanoni, City Manager Date City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 APPROVED AS TO FORM: Deputy City Attorney Buck Brice 135392173v.1 Page 4 of 8 Real Estate Sales Contract THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § This Contract is entered into by the City of Corpus Christi, a Texas home-rule municipality,with an address of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 ("Seller") and TG 110,Inc.,with an address of 3419 Nacogdoches Road, San Antonio, Texas 78217 ("Buyer"). 1. Property. Seller, for the consideration and under the terms set out herein, agrees to convey to Buyer a total of 3.47 acres located at 2212 Morris St, Corpus Christi, TX 78405 (Exhibit A), including Lot 1, Block 1, Eckerd Subdivision, and Lots 1,2,3,4,5,6,7, 8A, 10,11, and 12, Block 2, Eckerd Subdivision, Corpus Christi, Nueces County, Texas, and 0.41-acre subject to a road easement known as Mary Street, which is proposed to be abandoned. 2. Purchase Price. $10.00 cash at Closing. Consideration also includes an auto reverter clause that complies with Texas Local Government Code §253.011 and/or §272.001. 3. Title Insurance. The Buyer, at Buyer's expense, may acquire a title insurance policy that guarantees good and indefeasible title to the Property,without exceptions to title other than the standard printed exceptions and exceptions permitted under this Contract, and that wholly insures and indemnifies Buyer against any title defects or adverse claims. 4. Closing Costs. Buyer will pay all closing costs except costs to cure title and deed preparation fee, which shall be paid by Seller. 5. Property Taxes. The City of Corpus Christi, as the owner of this property,is exempt from local property taxes. Any taxes due from the closing date to the end of the closing year and thereafter are the responsibility of the Buyer. 6. Special Warranty Deed. After securing the title insurance commitment, Seller must execute a Special Warranty Deed, drafted in accordance with the provisions of this Contract,that conveys indefeasible title to the Property to Buyer, and Buyer must make the cash payment. 7. Automatic Reverter Clause. The Special Warranty Deed shall include an automatic reverter clause that complies with Texas Local Government Code §253.011 and/or §272.001. 8. Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive covenants and use restrictions,if any, and all applicable local zoning regulatory ordinances, if any. 9. Time for Performance. This transaction will be closed through the Title Company on or before 30 days from the effective date of this Contract. Seller gives Buyer possession of the Property by executing the Special Warranty Deed at Closing. 135392173v.1 Page 5 of 8 10. Survives Closing. This Contract survives the Closing of the sale of the Property and the delivery of the Special Warranty Deed and other necessary documents by Seller to Buyer at Closing, and all terms and conditions remain in effect between Seller and Buyer. 11. Property Condition. A. Buyer acknowledges and agrees that Buyer is purchasing the property "AS-IS" "WHERE-IS" and "WITH ALL FAULTS" without any warranties, representations or guarantees, either expressed or implied, of any kind, nature or type whatsoever from or on behalf of seller. Without limiting the generality of the foregoing, Buyer acknowledges and agrees that Seller hereby expressly disclaims any and all implied warranties concerning the condition of the property and any portions thereof, including but not limited to environmental conditions,presence or absence of hazardous materials and implied warranties of habitability, merchantability or fitness for a particular purpose. B. Buyer acknowledges and agrees that BUYER HAS NOT RELIED, AND WILL NOT RELY, upon any representations or warranties (oral or written) made by, or purportedly made on behalf of, Seller unless such representations and warranties are expressly set forth in this Contract. C. Except as otherwise specifically provided in this Contract, Buyer agrees that no representation by or on behalf of Seller have been made to Buyer as to the condition of the Property, any restrictions related to the condition of the Property, any restrictions related to the development of the Property, the applicability of or compliance with any governmental requirements, including but not limited to environmental laws or the suitability of the Property for any purpose whatsoever. D. Buyer releases Seller from any claims it may have against the Seller now or in the future under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.A §§ 9601 et seq. as amended; the Resource Conservation and Recover Act, 42 U.S.C.A. §§ 6901 et seq. as amended; the Texas Solid Waste Disposal Act, Tex. Health & Safety Code §§ 361.001 et seq. as amended; any other analogous state or federal statute; and common law arising from the environmental conditions of the Property or the presence of hazardous substances, solid wastes, or any other pollutants or contaminants on the Property. 12. Broker's Commission. Seller and Buyer have not commissioned a Broker to represent their interests, and neither are responsible for any brokerage or real estate commissions in connection with this Contract. Any costs associated with services to either parry are the 135392173v.1 Page 6 of 8 responsibility of the party that contracted the services. 13. Possession. At the Closing, the Property will be conveyed free of the rights of possession of any third parties in or to the Property except for valid easements, if any, filed of record and currently in force and effect. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord- tenant at sufferance relationship between the parties. 14. Essential. Time is of the essence in closing this transaction. 15. Effective Date. The effective date of this Real Estate Sales Contract is the date on which the Contract is signed by the Seller. 16. Venue. This Contract will be construed in accordance with the laws of the State of Texas, and all obligations of the parties created under the Contract are performable in Nueces County, Texas. 17. This Contract constitutes the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Contract. 18. Counterparts: Multiple original copies of this contract may be executed, and the execution of this contract may be through the execution by the parties of separate counterparts. All of the original copies of this contract together shall constitute one agreement, binding on all of the parties hereto notwithstanding that the parties hereto may or may not be signatories to the same counterpart. Each of the undersigned parties authorizes the assembly of one or more original copies of this contract, such that each such original copy of this contract shall consist of(i)the body of this contract and(ii)counterpart signature pages and acknowledgment pages which collectively include all of the signatures and acknowledgments of the parties hereto. Each such contract shall constitute one original of this contract. 19. Assignment: Buyer shall not assign this Contract, except to a special purpose entity under common control with Buyer. Seller shall not assign this Contract. In the event an assignment is attempted,in violation of this Section,then Buyer's rights under this Contract shall automatically and immediately terminate without notice. When the context requires, singular nouns and pronouns include the plural. 135392173v.1 Page 7 of 8 Seller City of Corpus Christi Jeff H. Edmonds, P.E., Director of Engineering Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 202, by Jeff H. Edmonds,P.E., Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public in and for the State of Texas APPROVED AS TO LEGAL FORM THIS DAY OF , 202 Assistant City Attorney City Legal Department 135392173v.1 Page 8 of 8 Buyer TG 110, Inc. Jacque Woodring,Executive Director THE STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on , 202_, by Jacque Woodring, Executive Director of TG 110, Inc. Notary Public in and for the State of Texas 135392173v.1 �u r =9, ►J- b� n - w m s � • , r �,, ��., yam" „ �. �•� • _ 1 w. r , I t � ' 0, .0 *ye ° A k M w a w. �. in wr ► w . . K w REPORTAPPRAISAL MorrisVACANTLAND 2212 - Corpus Chrisfi, Nueces County, Texas 78405 �� ur CLIENT �6 v i� 7$5Z lowerypa.com November 15, 2023 Bobby Harraid, Jr. City of Corpus Christi Property & Land Acquisition Manager 1201 Leopard Street, — Corpus Christi,Texas 78469-9277 VACANT LAND 2212 Morris Street, Corpus Christi, Nueces County,Texas 78405 In accordance with your request and authorization,we have completed an Appraisal Report of the captioned property for the purpose of developing an opinion of the market value of the subject property. It is our intent to comply with the Uniform Standards of Professional Appraisal Practice (USPAP). It should be noted that the undersigned have experience in appraising properties considered similar to the subject, in the subject market area,and therefore comply with the Competency Rule as outlined in USPAP. The following report, plus the Addenda, sets forth our findings and conclusions. Maps, plats and photographs that are considered essential to explain the reasoning followed in making the appraisal have been included and the conclusions are expressed therein.Also,no hazardous materials orwaste were noted upon inspection of the subject property.Please refer to the Basic Assumptions and Limiting Conditions section of this report. USPAP Standards Rule 1-2(h) states that an appraiser must identify the scope of work necessary to complete an assignment.The scope of work is acceptable when it is consistent with: (1) the expectations of participants in the market for the same or similar appraisal services;and (2) what the appraiser's peers' actions would be in performing the same or similar assignment in compliance with USPAP. In the case of the subject property, both of these USPAP criteria have been met. NOTEWORTHY POINTS ■ The subject of the report is a vacant tract of land consisting of 3.47-acres (151,293 SF). ■ The subject is not currently listed or under contract of sale. ■ It is noted that the Sales Approach was utilized. The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The Cost Approach was not considered applicable due to the lack of improvements located on the subject site.The Income Approach was not considered to be applicable given the subject is a non-income producing property and similar properties are rarely leased in the market. ■ Reader is referred to Extraordinary Assumption and Hypothetical Condition in the Scope of Work section herein. 01 b The appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to develop the opinion of market value as follows: VALUE CONCLUSION Status Interest Date Value As Is Fee Simple October 11,2023 $510,000 Support and explanation for our value conclusion is explained in detail in the contents of the attached report. It has been a pleasure to assist you,and if we can be of service to you in the future, please let us know. Lowery Property Advisors, LLC r MARIO CARO,MAI,AI-GRS,SR/WA MICHAEL A.MCLAIN,MAI, R/W-AC Texas State Certified General Real Estate Appraiser Texas State Certiffed General Real Estate Appraiser Certificate No.TV 334889-G Certificate No.TV 380290-G mario@lowerypa.com andy@lowerypa.com A�(141ttA-A- 6,"t v6 JEFFREY K.WALTERS BRIDGETTE L.VASQUEZ Texas State Certified General Real Estate Appraiser Texas State Appraiser Trainee Certificate No.TV 380924-G Certificate No.TV 343427 jeff@lowerypa.com bvasquez@lowerypa.com G7 u hi CONTENTS SALIENTDATA................................................................................................................................................................... 1 SUBJECTPHOTOS ............................................................................................................................................................. 2 INTRODUCTION ................................................................................................................................................................ 4 SCOPEOF WORK............................................................................................................................................................. 5 REGIONAL......................................................................................................................................................................... 7 NEIGHBORHOOD........................................................................................................................................................... 12 DEMOGRAPHICS............................................................................................................................................................ 16 ECONOMICUPDATE...................................................................................................................................................... 19 SITEDESCRIPTION........................................................................................................................................................... 26 PROPERTYHISTORY ........................................................................................................................................................ 32 REALESTATE TAXES......................................................................................................................................................... 36 HIGHEST & BEST USE ....................................................................................................................................................... 37 LANDVALUATION.......................................................................................................................................................... 40 RECONCILIATION........................................................................................................................................................... 50 MARKETING / EXPOSURE TIME ...................................................................................................................................... 51 ASSUMPTIONS & LIMITING CONDITIONS...................................................................................................................... 52 CERTIFICATION............................................................................................................................................................... 54 ADDENDUM.................................................................................................................................................................... 55 SALIENT DATA CORPUS CHRISTI•TEXAS VACANT LAND SALIENT DATA GENERAL Date of Valuation October 11, 2023"As Is" Date of Inspection October 11, 2023 Property Rights Fee Simple SITE Location The subject property is located on the northwest corner of Morris Street and South 19th Street, with additional frontage on 20th Street. The address associated with the subject is 2212 Morris Street, Corpus Christi, Nueces County, Texas 78405. Site Description The subject site consists of a total of 3.47-acres (151,293 SF) and is rectangular in shape with a generally level topography. It is noted the subject includes the 0.41-acre(18,000 SF)road easement known as Mary Street, which is proposed to be abandoned. Reader is referred to the Hypothetical Condition in the Scope of Work section herein. No flood plain is noted. Reader is referred to the Site Description section for further details. Legal Description Lots 1-7, 8A, 10-12, Block 1 & 2, Eckerd, Corpus Christi, Nueces County, Texas. Zoning "RM" - Multi-Family Residential District (Pending Proposed Zoning Change) IMPROVEMENTS General Description None HIGHEST & BEST USE As Vacant Multi-family residential development 11■ I LPA 2023.10.99 PAGE 1 SUBJECT PHOTOS CORPUS CHRISTI•TEXAS VACANT LAND SUBJECT PHOTOS ilk Al, . lbt g s 1 1■ 1 LPA 2023.10.99 PAGE 2 • ca ml d p x „ x' 1- e I !r =�r ���_.°"-..�.� �. .—•�' � x:11 ro _ �:,___._ � � . �_ 4 I k f , .. tiff f , fi1 t: ..� 5 � A ( .owl , p v;. a(W FT jr- c � f 1111 �� I t „ 1 ` l�Ant - 71 f1 INTRODUCTION CORPUS CHRISTI•TEXAS VACANT LAND INTRODUCTION This is an Appraisal Report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice for an Appraisal Report. Supporting documentation concerning the data,reasoning and analyses is retained in the appraiser's file.The depth of discussion contained in this report is specific to the needs of the client and for the intended use stated below. The appraiser is not responsible for unauthorized use of this report. Furthermore, as agreed upon with the client prior to the preparation of this appraisal, this is an appraisal as set forth by USPAP. TYPE OF VALUE The value definition employed in this report is Market Value as defined in 12 CFR - Part 34.42 (FIRREA), Department of the Treasury, Office of the Comptroller of the Currency. Market value means the most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: ■ Buyer and seller are typically motivated. ■ Both parties are well informed or well advised and acting in what they consider their own best interests. ■ A reasonable time is allowed for exposure in the open market. ■ Payment is made in terms of cash in US dollars or in terms of financial arrangements comparable thereto; and ■ The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. Intended Use Feasibility Market Value for Proposed City Project Intended Users City of Corpus Christi Client City of Corpus Christi Interest Valued Fee Simple Date of Valuation October 11, 2023 "As Is" Date of Inspection October 11, 2023 Date of Report November 15, 2023 1 1 Q LPA 2023.10.99 PAGE 4 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND SCOPE OF WORK The scope of the assignment relates to the extent and manner in which research is conducted, data is gathered, and analysis is applied. In preparing this appraisal, the appraisers did the following: ■ Inspected the subject property. ■ Searched the applicable market area for comparable market data. We utilized multiple sources including but not limited to: Costar, LoopNet, area brokers, local MLS, as well as our proprietary database. ■ Interviewed landowners and local brokers familiar with the subject area and considered their insight of the current market and transactions. ■ Obtained information from surrounding counties and area jurisdictions regarding zoning, taxes, property history, flood plain, utilities, etc. ■ Developed an opinion of market value via the use of the Sales Approach. The omission of the Cost and Income Approaches to value is not considered to, in any way, reduce the reliability of the value conclusions herein. The Cost Approach was not considered to be applicable due to lack of improvements located on the subject site. The Income Approach was not considered to be applicable given the subject is a non-income producing property and similar properties are rarely leased in the market. The inclusion or exclusion of approaches to value was determined by LPA and not our client. ■ To develop the opinion of value, the appraiser performed an appraisal process, as defined by the Uniform Standards of Professional Appraisal Practice. Extraordinary Assumptions & Hypothetical Conditions It is emphasized that per USPAP, "the use of extraordinary assumptions and or hypothetical conditions may have affected assignment results." These terms are defined as follows: Extraordinary Assumption, "an assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions." This report is made with the following extraordinary assumption(s): ■ It is noted the following addresses 2206, 2208, 2210, 2212, 2214, 2218, &2222 Mary Street and 521 19TH Street are currently zoned "RS-6"-Single Family Residential District. It is also noted the following address 2212 Morris Street is currently zoned "Cl" - Intensive Commercial District. Per conversation with Bobby Harraid, Property & Land Acquisition Manager with the City of Corpus Christi,the current land zoning will be rezoned to "RM"-Multi-Family Residential upon approval by the city of Corpus Christi. Consequently, this report assumes that the change in zoning will be approved by the city of Corpus Christi. 11■ 1 LPA 2023.10.99 PAGE 5 SCOPE OF WORK CORPUS CHRISTI•TEXAS VACANT LAND Hypothetical Condition, "a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis." This report is made with the following hypothetical condition(s): ■ As indicated by the Nueces County Appraisal District, the subject property is currently platted into nine (9) separate lots and a road easement on Mary Street. According to Bobby Harraid, Property & Land Acquisition Manager with the City of Corpus Christi, the Mary Street Road that bisects the property will be abandoned to be used in conjunction with the entire subject. This report analyzes the subject as though it was re-platted and the road easement was abandoned for subject to be combined into a single economic unit consisting of 3.47-acres or 151,293 SF,although this is not currently the subject's condition as of the effective date of this report. LPA 2023.10.99 PAGE 6 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND REGIONAL The subject is located in the Corpus Christi Metropolitan Statistical Area (MSA) which is located on the Texas Gulf Coast, approximately midway between Houston and the Mexican border. It is 200 miles southwest of Houston, 200 miles south of Austin, 130 miles southeast of San Antonio and 130 miles north of the Mexican border.The MSA covers three counties-Aransas, Nueces, and San Patricio. ltle CO) @D CB, r P n Chica ° � aF15+i6f@e 4.i+.x C,�3 Y}Gy�l�� IISA�p t s Pml,,.0 cul tJ�m t Ey t6cSea i +•wY �"�`r�LE%4ilmi qrl � lhF 6d•.. .3 ��1 1 r�ucrr _ .. -. N:•nP ,. x�+ "` r "-b.o I��s���\ ����1VA ��� .� Prd ... Corpusti L. Pal-, .: [:R Ell U s.;•l Pet Unda ierra arantic :- � °'ti'+� y, �llv��� ��;.. � V,Alm of I 1iP: DEMOGRAPHICS According to Esri, the 2021 population estimate of the Corpus Christi Metropolitan Area is 442,600, making it the 7th largest metropolitan area in the Texas. Based on that estimate, the area gained approximately 5,300 new residents between 2020 and 2021.The main industries of the area include military,oil production,shipping, and construction. Leisure and hospitality industries are also important to the area, as the coast attracts many tourists. 11 Q LPA 2023.10.99 PAGE 7 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND ECONOMICS Corpus Christi MSA Corpus Christi's job growth has decelerated since last summer and the metro area is now advancing a bit more slowly than the U.S. Total employment returned to its pre-pandemic level in January, about a half year later than the nation. Manufacturing and financial services are leading the way, significantly outperforming their respective national totals. However, most other industries are underperforming. The unemployment rate has steadily trended down to 4.4%and is now approximately equal to the precrisis rate. However, part of the reason is that the labor force declined during the past year, compared with the gain nationally, and remains below where it was in early 2020.As elsewhere in the country,the housing market has weakened considerably. The energy industry will face headwinds this year, adding uncertainty to the near-term outlook for related manufacturing.The West Texas Intermediate oil price has dropped more than$15 per barrel over the past half year to the low$70 range. As a result, the number of active Texas drill rigs has leveled off, potentially reducing demand for locally produced equipment and supplies needed for exploration. According to the Dallas Fed Energy Survey, drilling activity was down significantly in the first quarter of 2023. However, the breakeven for new drilling is in the low $60 per barrel range, so the industry should avoid a collapse barring a recession that would substantially lower energy demand. Although employment in transportation and logistics trended down over the past year and could weaken further in the near term, longer term, there are upside prospects for the industry. For one thing, the Port of Corpus Christi handled record tonnage in the first quarter of 2023, led by shipments of crude oil, refined products,and liquefied natural gas.Moreover,the latter should grow in coming years, boosted by both supply and demand factors. On the supply side, Cheniere is building a 12 million ton per year expansion of its local liquefaction facility, expected to go online in 2025. On the demand side, in response to Russia's invasion of Ukraine, most recently the EU has stated that it will ban Russian gas imports on routes where Moscow has already cut supplies. Consequently, the need for alternative sources will grow. In 2022, the U.S. became the world's second-largest exporter after Qatar. Residential construction dropped substantially during 2022, and despite a modest rebound in early 2023, it will remain subdued for the rest of the year. New permits for single-family homes are down by 50%, compared with a national decline of about 33%. On the positive side, house prices have performed better than elsewhere, rising slightly since last fall in contrast with the national decline. However, the increase in mortgage rates caused affordability to fall as much as elsewhere. 1 1 Q LPA 2023.10.99 PAGE 8 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND Several factors will limit prospects in the long term. First, because the share of high-wage jobs is only half the national share,out-migration in search of better jobs has resulted in population loss over the past several years. This limits the attractiveness of the metro area to prospective employers considering relocation. Strengths ■ Port's strategic gulf location is ideal for trade and exports. ■ Low cost of living and Gulf of Mexico location attract retirees and tourists. Weaknesses ■ Low educational attainment and relative geographical isolation reduce the attractiveness to prospective employers. ■ The heavy reliance on international trade adds cyclicality to the outlook. 2018 2019 2020 2021 2022 INDICATORS 2024 2025 2026 28.1 27.1 25.4 27.5 26.9 Gross metro product (C12$bil) 27.0 27.5 28.2 29.1 30.0 2.8 -3.4 -6.2 8.1 -2.1 %change 0.3 1.7 2.8 3.2 3.0 193.2 193.9 181.3 183.9 190.3 Total employment (ths) 193.9 195.6 197.5 198.9 200.3 0.3 0.3 -6.5 1.4 3.5 %change 1.9 0.9 1.0 0.7 0.7 5.0 4.3 9.1 7.1 4.9 Unemployment rate (%) 4.4 4.1 4.2 4.2 4.2 2.1 6.1 4.1 7.9 2.1 Personal income growth (%) 6.1 4.6 4.4 4.5 4.4 54.3 55.5 57.3 60.0 62.0 Median household income ($ths) 64.3 66.3 68.6 71.0 73.5 446.5 445.7 446.0 447.8 451.5 Population (ths) 454.7 457.4 459.9 462.5 465.0 -0.5 -0.2 0.1 0.4 0.8 %change 0.7 0.6 0.6 0.6 0.6 -3.9 -2.5 -0.6 1.7 3.3 Net migration (ths) 2.2 1.6 1.5 1.6 1.7 1711.0 1842.0 1819.0 2423.0 1912.6 Single-family permits (#) 1418.0 1441.8 1619.6 1717.4 1698.9 16.0 214.0 277.0 366.0 296.2 Multifamily permits (#) 474.4 510.8 502.7 501.9 484.4 213.1 219.7 229.8 257.3 294.5 FHFA house price (1995Q1=100) 298.4 286.1 279.2 281.5 287.1 Moodys Analytics 1 1■ I LPA 2023.10.99 PAGE 9 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND MAJOR ATTRACTIONS Corpus Christi is a popular tourist destination because of its mild climate and location. It is the most frequented vacation destination in Texas with 10.61 million annual visitors.Most visitors are the traditional summer beach visitors and "Winter Texans" which pump an estimated$1.35 billion annually into the local economy. Corpus Christi convention activity is focused in the area at the north end of Shoreline Boulevard near the Harbor Bridge. The American Bank Center Convention Center events support a number of hotels in the downtown Bay Front area.The center(located at 1901 N.Shoreline Boulevard-north of IH 37 and east of US 18 1) opened in late 2004 and features a 2,526-seat auditorium,a sports arena seating 10,500 and meeting and exhibition space.The sports arena is home to Corpus Christi's Ice-rays hockey team and the Texas A&M - Corpus Christi University basketball teams. Whataburger Field is home to the Corpus Christi Hooks, the Double-A affiliate of the Houston Astros. TRANSPORTATION Corpus Christi International Airport 911 The Corpus Christi International airport serves the coastal bend of Texas. The four airlines that serve CCIA are American, Southwest, and United Airlines. These airlines provide direct flights to both airports in Houston as well as in Dallas. Port of Corpus Christi The Intracoastal Waterway and the Port of Corpus Christi make Corpus Christi a major transportation and bulk cargo center.The port is the 8th largest in the nation in terms of annual tonnage and is located mid-way along the Texas coast on the Gulf of Mexico (approximately 150 miles north of the United States/Mexico border) just north of IH 37 and the Central Business District (CBD). Low-cost barge transportation is available on this 1,177-mile waterway that links Corpus Christi with 9,812 miles of commercially navigable waterways in the mid-continent regions of the Mississippi River and its tributary systems as well as 2,500 miles of waterway along the Gulf of Mexico. The Texas Department of Transportation The main thoroughfares that serve the area are I-37, which provides easy access to San Antonio, State Highway 35, which connects the area to Houston, and US Highway 77, which Texas o�Teansportatron connects the area to the Rio Grande Valley. Other important roadways include State Highways 358 and 361,which connect the city to Padre Island. 11 Q LPA 2023.10.99 PAGE 10 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION Corpus Christi will grow slowly, as uncertainties in the energy industry limit manufacturing. The housing market will remain subdued. Longer term, weak population growth and other structural factors will hold back the metro area. 11 Q LPA 2023.10.99 PAGE 11 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND NEIGHBORHOOD A neighborhood is typically a segment of a community, city or town which is a homogeneous grouping of individuals, buildings or business enterprises within the larger community. A neighborhood has three stages of life and possibly a fourth. They are (1) integration (the development stage), (2) equilibrium (the static stage), (3) disintegration (the declining or decaying stage), and possibly (4) a redevelopment or rejuvenation state or period and continuance of the neighborhood life cycle. Indian Point,Ple e°f 0 I l�l��) I. NueCea6aY I uuI ill 1 'lint Hills Resources II �Ligtat oune Pointe cA Kirby Tennlnal 45 Corpus Christi NortFi B • ort Cf Corpus 9 O l i Bulk Materials Up ww<ran Texas State Aquarium centramors Council of the Coastal_. sz Motel us Christi, NORTHWEST Selena Mus" '.Coy u =�'.hrtstl l CHRISTI —.--�4v6ave Johnson 11 IOlnvestigations LLC / SUBJECT ] p4re�4•, ntemational Q° - I A .—', CENTRAL CITY Cole Park Lozano Golf Center O � eearLn "a ,.,LA MOLINA a xsa Yo_ D—oll Children's© Hospital � S dde Memory Cae 35e Oc�t� Gardens Funeral Home Seascape &Cemetery 0 ©Selena's Final 9 Resting Place y § 86 Corpus Christi Guns Club `H-E-Bot Sams Cluh = yf If BAY AREA r �wh qy Pet Supplies Plus a l ©Cabamss Corpus Christi + .fC EIY��ot Field NOLF ze King's Landing hy� Coll coon Cer'♦1er Qxv MPM Hames Inc //L'- / Cinemark Centu 9a ' Corpus Christi 16 XC_. Church Unlimited Q rn Corpus Ch 713 93 � MedicalG - O 1IF:' 55 (] a9 t] SOUTH 970E 0 751 Mark DunningIndustrieswy' zes Corpus Christi 7 zz zz Osd.E oa We Val South Texas 4 Prese Botanical Modern Amenoan CholGardens& r Nature Center 11■ I LPA 2023.10.99 PAGE 12 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND r ■ . 7Ea�e'kr R i LOCATION The subject property is located in Corpus Christi, Nueces County,Texas.The subject neighborhood is generally defined by use patterns,as well as the location of major thoroughfares and natural boundaries. Neighborhood boundaries are generally defined by the Oso Bay to the east, Corpus Christi city limits to the south, State Highway 286 to the west, and South Padre Island Drive in the north. GENERAL INFO Corpus Christi is a coastal city in the South Texas region, which is 130 miles southeast of San Antonio. Corpus Christi has a population of 325,734 people with a median age of 35.1 and a median household income of $54,344. Between 2015 and 2016 the population of Corpus Christi grew from 324,082 to 325,734, a 0.51 increase and its median household income grew from $51,255 to $54,344, a 6.03% increase. This city is home to a number of popular destinations for both tourist and residents. Most of the local economy is driven by tourism and the oil and petrochemicals industry.The city's location provides opportunities for water sports and nature tourism. Some of the most visited attractions are located on North Beach, where the Texas State Aquarium and the USS Lexington Museum on the Bay are located. The Port of Corpus Christi, which is the fifth largest U.S. Port and deepest inshore port on the Gulf of Mexico, handles mostly oil and agricultural products. Corpus Christi is home to several institutions of higher learning such as Texas A&M University-Corpus Christi, Del Mar College, Saint Leo University-Corpus Christi and numerous vocational schools. The city has six school districts which provide primary and secondary education for residents. The market area is a combination of vacant land, single-family residential, retail, multifamily, medical office and industrial uses. Retail/commercial development is primarily located along major thoroughfares such as SH 358 (South Padre Island Drive). Residential uses are located on secondary thoroughfares. 11 Q LPA 2023.10.99 PAGE 13 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND ACCESS Access to the subject neighborhood is considered good due to its proximity to US Highway 77 / Interstate Highway 69E and Interstate Highway 37. North of the subject site is Interstate 37 which provides a direct link to both Interstate Highway 35 and Interstate Highway 10 in San Antonio. Interstate 69E/ US Highway 77 connects the city to Brownsville to the south and Victoria and Waco to the north. Texas State Highway 44 is a main thoroughfare that connects Corpus Christi to Laredo and the western part of South Texas by way of Interstate 69W / US Highway 59, Interstate 35, and S Highway 83. The inner-city public transportation is provided by Corpus Christi Regional Transportation Authority with its bus route. UTILITIES The subject neighborhood is adequately served by all the typical utilities, including water, sewer, electric service, natural gas, septic and public telephone. No shortages of utility service in the developed portions of the neighborhood were reported and lack of utilities has not been detrimental in the development of the area. Major utility companies servicing the neighborhood include the city of Corpus Christi, Nueces Electric Cooperative, Reliant Energy and CenterPoint Energy. NUISANCES & HAZARDS Nuisances and hazards are limited in the subject neighborhood. Vibration, smoke, smog, odors and intense noise are basically related to vehicular traffic along the major thoroughfares. As in any area, traffic density poses problems ranging from congestion to noise. These problems are not severe and are a natural part of most communities. 11■ I LPA 2023.10.99 PAGE 14 REGIONAL CORPUS CHRISTI•TEXAS VACANT LAND LIFE CYCLE Each neighborhood has a unique and dynamic quality all its own, given man's unique imagination, design and development of an area. This quality is described as a "life cycle,"which is identified in The Appraisal of Real Estate as evolving through the following four stages. Growth Neighborhood gains public favor and acceptance Stability Equilibrium without marked gains or losses Decline Diminishing demand Revitalization Renewal, modernization and increasing demand The subject neighborhood appears to be in the stability period of its life cycle. The immediate area is an established area within the southern portion of Corpus Christi and is considered to be approximately 60% developed. Properties appear to range in age from new to over 40 years. The South Texas Botanical Gardens & Nature Center is a 182-acre, environmental education destination located on South Staples Street at Oso Bay.The center features a screened butterfly house, orchid and bromeliad conservatories, rose and plumeria gardens in addition to a nature trail thru wetlands, Gator Lake and birding tower. Naval Air Station Corpus Christi, located in the Corpus Christi Bay, is home to over 8,300 employees from all parts of the country and produces approximately 400 newly qualified naval aviators each year. Located on North Padre Island is the newly renovated Waves Resort Corpus Christi featuring Schlitterbahn Waterpark.Texas A&M University-Corpus Christi, located north of the waterpark, employs over 700 staff members and exhibits an enrollment of over 11,000 students as of the Fall of 2018.Texas A&M-Corpus Christi offers 33 undergraduate majors, 25 graduate programs, and five doctoral programs. CONCLUSION The subject neighborhood is located in Corpus Christi, Nueces County,Texas. Demand for virtually all types of real estate in this area has been mostly stable in recent years. The future growth of the neighborhood relies heavily upon the strength of the economy and the overall strength of the real estate market within the entire Coastal Bend area.The subject property displays good locational attributes in the defined neighborhood and should benefit from any positive economic conditions experienced by the immediate area. 11■ I LPA 2023.10.99 PAGE 15 Site Map rtn,ch y ° rpus j Christi Im ! Int'I If QYi TM .. r . i - ".•'.."" c Carpus Chi isG '... f Morris St""• m 0 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND • * esn" Demographic . . Income Profile 2212 Morris St, Corpus Christi,Texas,78405 Prepared by Esh Ring: 5 mile radius Summary Census 2010 Census 2020 2023 2028 Papulation 135,074 123,212 122,493 121,672 Households 47,873 45,098 45,213 45,424 Families 32,338 - 29,412 29,463 Average Household Size 2.75 2.67 2.65 2.62 Owner Occupied Housing Units 27,519 - 26,456 26,757 Renter Occupied Housing Units 20,355 - 18,757 18,667 Median Age 35.6 37.6 38.9 Trends: 2023-2028 Annual Rate Area State National Population -0.13% 0.971/0 0.30% Households 0.0996 1.15% 0.49% Families 0.03% 1.161`0 0.44% Owner HHs 0.23% 1.38% 0.66% Median Household Income 2.48% 2.56% 2.57010 2023 2028 Households by Income Number Percent Number Percent ¢$15,000 7,101 15.7% 6,631 14.6% $15,000-$24,999 5,085 11.2% 4,372 9.6% $25,000-$34,999 5,936 13.1% 5,417 11.9% $35,000-$49,999 6,157 13.6% 5,893 13.0% $50,000-$74,999 7,853 17.4% 8,108 17.8% $75,000-$99,999 5,858 13.0% 6,484 14.3% $100,000 -$149,999 4,460 9.9% 5,208 11.5010 $150,000 -$199,999 1,196 2.6% 1,534 3.4% $200,000+ 1,566 3.5% 1,777 3.9% Median Household Income $44,955 $50,824 Average Household Income $66,682 $74,703 Per Capita Income $24,901 $28,270 Census 2010 2023 2028 Population by Age Number Percent Number Percent Number Percent 0-4 9,972 7.4% 8,041 6.6% 7,989 6.6% S-9 10,099 7.5% 8,096 6.6% 7,786 6.4% 10 14 9,883 7.39/6 8,063 6.60Yo 7,834 6.4% 15 19 9,730 7.2% 8,011 6.5% 7,505 6.2% 20-24 9,038 6.79/6 7,853 6.49/0 7,620 6.3% 25 34 17,878 13.2% 17,049 13.9% 15,910 13.1% 35-44 15,915 11.89/0 15,042 12.3% 15,605 12.8% 45- 54 19,029 14.1% 13,157 10.7% 13,317 10.9% 55-64 15,587 11.5% 14,845 12.1% 13,361 11.0% 65-74 9,030 6.7% 12,688 10.4% 13,264 10.9% 75-84 6,226 4.6% 6,825 5.6% 8,286 6.8% 85+ 2,685 2.001. 2,820 2.3% 3,196 2.6% 11■ I LPA 2023.10.99 PAGE 17 DEMOGRAPHICS CORPUS CHRISTI•TEXAS VACANT LAND ■ esriN Demographic and Income Profile 2212 Morris St, Corpus Christi,Texas,78405 Prepared by Esri Ring: 5 mile radius Trends 2023-2028 2.5 G U 2- U a1 CL � 1.5 a� a 1 ? 0.5 Area C State d USA Population Households Families Owner HHs Median HH Income Population by Age 2106 12- 10- 6 4 2023 2- 2028 0 0-4 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-64 65-74 75-84 85+ 2023 Household Income $15K-$24K $25K-$34K 11.2% 13.1% a$15K 15.7/0 $35K-$49K 13.6% $200K+ 3.5% $150K-$199K 2.6% $50K-$74K $10OK-$149K $149K9.9% 17.4% $75K-$99K. 13.0% 11■ 1 LPA 2023.10.99 PAGE 18 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND ECONOMIC UPDATE LPA is committed to monitoring the current economic environment. The following section analyzes several current economic factors such as the lingering effects of COVID-19, inflation, gas prices, supply chain issues, unemployment, etc. and the effects on commercial real estate. COVID-19 As COVID-19 began in 2020, unemployment reached a high of 14.7%. GDP declined 34% in Q2 2020, The CARES Act, enacted shortly after the beginning of COVID, was a shot in the arm of the U.S. economy. Throughout 2020 and as we entered 2021, the economy began to ease slightly. In 2021 the U.S. began offering four vaccines: Johnson & Johnson, Pfizer, Moderna, and Novavax. Although riddled with supply chain problems and closing businesses, the unemployment rate continuously decreased to 3.5%where it stands as of August 2022. GDP has increased since Q2 2020. The U.S. government has enacted various monetary and fiscal policies to assist the economy, such as $377 billion in emergency grants and loans for small businesses and decreasing the federal fund rate. Although the economy is recovering from COVID-19, these are still unpredictable times. Outlined below is a timeline of important events in the history of the pandemic. Jan 2020 The first instance of the coronavirus is seen in the U.S. Mar 2020 The World Health Organization declares COVID-19 a worldwide pandemic. Mar 2020 President Trump signs a $2 Trillion economic stimulus bill. Feb 2021 Pfizer, Moderna, and Johnson &Johnson vaccine all approved for emergency use. Mar 2021 Congress passes the American Rescue Plan,the largest stimulus bill to date. Mar 2022 The Federal Reserve raised interest rates for the first time since 2018 in order to combat rapid inflation. Jun 2022 U.S removes Covid testing requirement for travel into the United States. Feb 2023 White House plans to end COVID public health emergency in May 2023. May 2023 COVID-19 Public Health Emergency officially ended May 1 1'" in the U.S. Sep 2023 New COVID-19 boosters will be available for everyone mid-September in the midst of rising cases 11 Q LPA 2023.10.99 PAGE 19 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND UNEMPLOYMENT The COVID-19 pandemic accelerated already emerging trends in slow labor force growth and higher demand for skilled labor. The number of jobless claims skyrocketed in March 2020, when the pandemic officially began, with official unemployment numbers reaching 23.1 million or 14.7%. Unemployment has steadily declined over the following months, with the unemployment rate as of July 2023 recorded at 3.5%, which is back to pre-pandemic levels. In 2022, US employers added a total of 4.5 million new jobs,which is the second strongest year in the past 40 years after 2021.The majority of the new jobs were led by the leisure and hospitality industry as well as professional and business services. Despite the low unemployment rate and job creations, industries are still having problems being understaffed as people used COVID-19 to change jobs and careers, leaving holes in the industries they've left behind.Career changes and the need to work remotely have led to a worker shortage, especially in the food service and hospitality industries. The chart below shows the monthly unemployment rate since February 2020. UNEMPLOYMENT RATE 16.00% 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% 00 N N N N N N c� a0 a0 r) r� N N N N N N N N N N N N N N N N N N N II I I I I I I I I I Q > C 0 >1 5 Q > C >� Q > 'L > D- a) Cn z � n z °�' z °' Federal Reserve Bank of St. Louis 1 1 Q LPA 2023.10.99 PAGE 20 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND INFLATION Inflation has hit the United States hard since the beginning of 2021. Inflation is the rate of increase in prices over a given period of time. The most common form of measurement is the Consumer Price Index (CPI). This measures the percentage change in price over a "basket" of goods and services in households. According to the U.S Bureau of Labor Statistics, the annual inflation rate in the U.S. has slowed more than expected to 3.2% in July 2023 from an over 40-year high of 9.1% in June 2022. The below chart using data from the U.S. Bureau of Statistics shows the inflation rate over the last 40 years and the increase of inflation in the U.S. since April 2020, and the start of the COVID-19 pandemic. INFLATION SINCE 1981 14.00% 12.00% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% -2.00% -4.00% CO CO CO CO CO C� C� C� C� O O O O O N N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q N N N N N N N N N N N N N N N N N N N N N N U.S.Bureau of Statistics FQLPA 2023.10.99 PAGE 21 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND GAS PRICES Since the beginning of 2022, the national average has remained above the 3 years prior and indicates a downward trend. Prices dropped 32 cents in July, and 79 cents in August. After a historic 98-day streak of falling gas prices, the average rose a penny near the end of September. The longest streak was 115 days in 2014-2015. There are several complicated, important factors involved in the increase and decrease in gas prices over the last several months.The following chart shows the national average gas price per gallon of the prior 3 years. GAS PRICES SINCE 2019 $5.00 $3.88 $4.00 $3.00 $2.00 $1.00 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 2020 2021 2022 —0--2023 U.S. Energy Information Administration W7 W � I The sharp increase can be contributed to the Russia/Ukraine war as Russia is the 2nd largest exporter of oil in the world. Since beginning in February 2022, the Russia/Ukraine conflict has caused Russia to become heavily sanctioned, playing an important factor in the increase of gas prices. Although the U.S. is the world's leading gasoline producer, production has decreased since late 2019.Additionally, refineries closing at the beginning of COVID-19 have led to a decrease in operating oil refineries leading to higher demand than supply. Refineries increase their rates when demand is higher than supply due to the need of the product and the increased willingness of people to pay for that product. Some reasons for the sharp decrease in gas prices involve panic over inflation driving down prices, people driving less due to the high gas prices, and the Biden administration's release of emergency oil from the national stockpile. 1 1 Q LPA 2023.10.99 PAGE 22 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND INTEREST RATES Prime Rate is individually determined by banks and often used as a reference rate (also known as the base rate) for several types of loans. Examples of the types of loans using this rate include credit card loans and small business loans. The prime rate is used by banks to lend to consumers and are fixed and typically do not change over extended periods of time. Secured Overnight Financing Rate is a benchmark interest rate that institutions utilize for business and consumer loans.The Secured Overnight Financing Rate (SOFR) will be the dominant benchmark rate after the US LIBOR panels will end after June 30, 2023. Unlike its predecessor, SOFR incorporates actual lending transaction data amongst institutions making it a more reliable source. Federal Funds Rate is set by the Federal Open Market Committee (FOMC). This rate is the target at which excess reserves are lent and borrowed amongst commercial banks overnight. This rate influences short-term rates on credit cards and consumer loans as well as piquing investors' interest by impacting the stock market. INTEREST RATES 10.00% 8.00% 6.00% 4.00% "X jor 2.00% 0.00% OOO O O O N N N N N N N N N N N N N N N N N N N Q U C Q U C Q U C Q U C Q Q Q Q Q _SOFR —Fed Fund —PRIME FedPrimeRate To combat higher than average inflation, rates began increasing in early 2022. Interest rates and capitalization rates generally move in tandem. Increased cost of capital commonly results in upward pressure on capitalization rates which can, but does not always, cause softening in the market. LPA is committed to monitoring and analyzing the impact of increasing interest rates. 1 1 Q LPA 2023.10.99 PAGE 23 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND BANKING Silicon Valley Bank became the 2nd largest bank collapse in U.S. history at the time (until First Republic Bank's collapse a month later) on March 10th, 2023.After the largest bank run in U.S. history, SVB was seized by the Federal Deposit Insurance Corporation (FDIC), and then sold to First Citizens Bancshares. Signature Bank became the 3rd largest bank collapse in U.S. history at the time, following SVB's collapse days prior. Unable to bounce back from the combination of the crypto exchange FTX's collapse and SVB's collapse, Signature experiences a bank run and ultimately collapses. First Republic Bank is currently the 2nd largest bank failure in U.S. history, despite the banking industry's best efforts to save it. The almost $100 Billion dollars pumped into First Republic wasn't enough to prevent them from selling assets, ultimately being seized and sold. Mar 8 Silicon Valley Bank creates panic after announcing it sold$21 billion in securities at a loss Mar 9 Silicon Valley Bank clients withdraw$42 billion, creating the largest bank run in U.S. history Mar 10 As Silicon Valley Bank officially collapses,Signature Bank experiences a multi-billion dollar bank run Mar 1 1 The 11 largest U.S. banks give First Republic Bank$30 billion while JPMorgan Chase gives$70 billion Mar 12 Signature Bank is seized by the FDIC and assets sent to Signature Bridge Bank during the bidding process Mar 19 Signature Bridge Bank is bought by New York Community Bank and put under the Flagstar Bank subsidiary Apr 28 FDIC seizes control of First Republic Bank after it begins selling assets at a loss,causing stock to drop May 1 First Republic bank is officially closed and sold to JPMorgan Chase May 4 PacWest and Western Alliance announce they are exploring their options, affecting First Horizon bank and Metropolitan bank May 1 1 Pacwest has lost around 10% of total deposits since their potential sale,with shares down 23% and 80% since SVB's collapse.Zions and Comerica also close lower. Aug 2 Heartland Tri-State Bank officially becomes Dream State Bank after closing Friday,July 28th. 1 1 Q LPA 2023.10.99 PAGE 24 ECONOMIC UPDATE CORPUS CHRISTI•TEXAS VACANT LAND SUPPLY CHAIN As businesses re-opened due to the slowing of COVID-19, e-commerce accelerated the demand for products,which quickly outpaced the capacity of manufacturing plants. Businesses have begun to focus on near-sourcing materials closer to their manufacturing plants and ultimately closer to the end users. The need to decrease the demand and delays at ports and other entry points was a major reason for companies to focus more on manufacturing from home and less on importing goods and materials. The supply chain issues began in 2020 after computer processor chip manufacturers began slowing and shutting down operations due to the COVID pandemic, resulting in manufacturers not being able to keep up with the increased demand of computer electronics due to a large number of companies moving towards work from home policies. CONCLUSION The current economic environment is ever changing. As mentioned previously, LPA is working diligently to capture and analyze current market data to reliably quantify impacts on real property values, national and regional. As the situation evolves, LPA is committed to monitoring current events and how they impact the commercial real estate market. 1 1■ I LPA 2023.10.99 PAGE 25 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND SITE DESCRIPTION PHYSICAL Location The subject property is located on the northwest corner of Morris Street and South 19th Street, with additional frontage on 20th Street. The address associated with the subject is 2212 Morris Street, Corpus Christi, Nueces County, Texas 78405. Legal Description Lots 1-7, 8A, 10-12, Block 1 &2, Eckerd, Corpus Christi, Nueces County, Texas. Size / Configuration / Flood Zone The subject site consists of a total of 3.47-acres (151,293 SF) and is rectangular in shape with a generally level topography. It is noted the subject includes the 0.41-acre (18,000 SF) road easement known as Mary Street, which is proposed to be abandoned. Reader is referred to the Hypothetical Condition in the Scope of Work section herein. No flood plain is noted. Frontage / Accessibility The subject's site displays adequate frontage to support the subject improvements. The subject site is considered to possess adequate access to the subject's traffic carrier which is a primary traffic carrier for the area and is in average overall condition. Utilities Public water and sewer service are provided by the subject's municipality. According to city officials, these utilities are sufficient for the development in the area. In addition, the city provides fire and police protection along with garbage pick-up. Electrical and natural gas are provided by the region's typical providers. At the present time, all utilities appear to be sufficient for area development patterns. 1 1 Q LPA 2023.10.99 PAGE 26 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND LEGAL Zoning / Restrictions The northern portion of the subject is currently zoned "RS-6" -Single Family Residential District and the southern portion of the subject is currently zoned "Cl" - Intensive Commercial District. Per conversation with Bobby Harraid, Property & Land Acquisition Manager with the City of Corpus Christi, the current land zoning will be rezoned to "RM" - Multi-Family Residential upon approval by the city of Corpus Christi. As such, we are appraising the subject as if the pending zoning change has been approved. The "RM" - Multi-Family Residential is described below. RM Multifamily 1,2,3,and AT Districts(Section 4.4.1.C) The"RM"zoning districts provide a variety of housing types at multifamily densities.Housing types may take the form of single-family detached,zero lot line,and traditional semi-attached,two-family,townhouse or apartment units.These zoning districts are used in areas having convenient access to collector and arterial streets,and nearby civic and commercial uses,as well as employment opportunities.The"RM zoning districts are appropriate to be located adjacent to nonresidential districts.The numerical values of the zoning districts(i.e.1,2,3,or AT)relate to the intensity of density of each zoning district.For example,the"RM-1"District allows a density of 22 dwelling units per acre while the"RM-3"District allows 36 dwelling units per acre. The subiect's current and r)ror)osed use is a legal conforming use. Easements / Encroachments The subject site is encumbered by typical utility easements. Due to the general location of these easements, they are not considered detrimental toward development and/or the site's overall marketability. No other detrimental easements and/or encroachments were noted upon physical inspection of the subject tract. It should be noted, however, that if a current survey map, or a registered surveyor determines that adverse easement exist, these factors might impact the market value and/or the marketability of the subject property. Therefore, it is assumed that no easements and/or encroachments exist, which would adversely affect the marketability or desirability of the site. CONCLUSION Given the physical and legal characteristics, the subject site is capable of being developed with numerous residential uses. 1 1 Q LPA 2023.10.99 PAGE 27 F. ;�c , [ s C� „�: � d .pan' °� "�` +� •--�;��,. .a I ' f�P MF t _ M� .n �. �. 1 �i Ike. "'' ai• . � jTF• "T W.._F-,...5 M{p ..�' ` .. T �'-ti.- ... «r, �:•7� �$ �i.r�al1Y _""'"� .. � y � r -P � r �tYT yyi PM a n Call � art �� -��. � •�.- ��'� �'' t n; tt 46 - -�..f R _I'®,, �w r� 6 a 1 • „�.�,,""R.,.^I.' ..w���,^wn y" L ": f�`, �� � ..: M � it � SITE DESCRIPTION CORPUS CHRISTI-TEXAS VACANT LAND PLAT MAP 257739 3]M58920 2WMW22 201DOS%8 2 6759[11 257?i2 209056911 � 1. M-M 4 74mis 4ml 2?mfQ 79005608, 200flStbJ4 200068082 2LOL 10 7van56ms z 228212 240RM SUBJECT 299509 26,�o 2"w? 2 KW56098 200086004 249907298928 242we 27234F L246¢21 719900 24NO, 271 2Wrmlla 598598 282 20W59Y2a 'T' )38651 9 NM.-2 2--,3 v 70 03980•. mm5 N w5w�200WOUQ 22 00 m588 28089$1 --- 209061 QW." 20WWI6j2MI4111� "'all 724� �7 2WNBW �W38W 1��2 2NM `0`72 7 1 - 1� zo�l KtAN Alc :'..,:I Nll A,I !LrYA%nA I KIAN II 5. 20 1 W4, 2 " I 70`0 -------------- LPA 2023.10.99 PAGE 29 SITE DESCRIPTION CORPUS CHRISTI•TEXAS VACANT LAND (- ZONING MAP CO-2 _ <. 1 RM-3 ON SUBJECT — – r "- VAR', RM Ci I � � '.'.L FMA'y n1 f. CI I I NOTE: It is noted that the subject property will be rezoned to "RM" - Multi-Family Residential District upon approval by the city of Corpus Christi. Reader is referred to Extraordinary Assumption and Hypothetical Condition in the Scope of Work section herein. 1 1■ 1 LPA 2023.10.99 PAGE 30 D ♦Plo ■ 2 � Wdffi.YS �r y�'•�'"!gyp � "'`" �_ rra• - �.� r.,°-.=:r1.1 tit wo -F Avt ! �;.1 ► .�•+ b a. ale � Q yt���.� �Y � yr• �e r '��^§�~ ,yam .. r r_yFi ■ nSM LOS�PBC}UB(7(J , - �► - 40 6991�i,rY.,45 PSI Jl Y ... + f • 1. S! ri •. '�� L1.:'.° W�,ra�, fitly �Y.. �}�. - i 4FI .. • '� l .r •y " t 1 y� a • ��� Ctaig'sl ti M p P, MarganA, Ak :Ummil l PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND PROPERTY HISTORY Ownership of the subject property is currently vested in City of Corpus Christi as evidenced by the county deed records. On April 13,2023, the City of Corpus Christi acquired the property from ERF Real Estate, INC. The consideration, if any, is unknown. No other transactions related to the subject property were reported in the three-year period prior to the date of this report. The subject property is not currently listed or under contract of sale. The subject is a vacant tract of land consisting of 3.47-acres (151,293 SF). No other history was provided. The following are the subject's tax cards from the Nueces County Appraisal District: Account Property ID: 228353 Legal Description: ECKERD BILK 1 LOT 1 Geographic ID: 2245-0001-0010 Zoning: COMMERCIAL Type: Heal Agent Code: Property Use Code: SCHOOL Property Use Description: SCHOOL Location Address: 2212 MORRIS ST Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: ECKERD Map ID: U-56 Neighborhood CD: 52245 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV 1 1■ I LPA 2023.10.99 PAGE 32 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND Account Property ID: 228354 Legal Description: ECKERD LTS 1 AND 2 BK 2 Geographic ID: 2245-0002-0010 Zoning: (*)-COMMERCIAL Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 521 19th ST Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: ECKERD Map ID: U-56 Neighborhood CD: 52245 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV Account Property ID: 228356 Legal Description: ECKERD LTS 3&4 BLK 2 Geographic ID: 2245-0002-0030 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2206 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV Account Property ID: 228357 Legal Description: ECKERD LT BK 2 Geogra p In ic I D: 2245-0002-0050 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2208 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BAILDWIN,W OF CROSSTOWN Map IID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV 1 1■ I LPA 2023.10.99 PAGE 33 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND Account Property ID: 228358 Legal Description: ECKERD LTS 6&7 BK 2 Geographic ID: 2245-0002-0060 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2210 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV Account Property ID: 228359 Legal Description: ECKERD LT 8A BLK 2 Geographic ID: 2245-0002-0080 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2212 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV Account Property ID: 228360 Legal Description: ECKERD LT 10 BILK 2 Geographic ID: 2245-0002-0100 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2214 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV 1 1■ I LPA 2023.10.99 PAGE 34 PROPERTY HISTORY CORPUS CHRISTI•TEXAS VACANT LAND Account Property ID: 228361 Legal Description: ECKERD LT 11 BLK 2 Geographic ID: 2245-0002-0110 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2218 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV Account Property ID: 228362 Legal Description: ECKERD LT 12 BK 2 Geographic ID: 2245-0002-0120 Zoning: RS Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 2222 MARY Mapsco: CORPUS CHRISTI,TX 78405 Neighborhood: N OF BALDWIN,W OF CROSSTOWN Map ID: U-56 Neighborhood CD: EN251 Owner Name: CITY OF CORPUS CHRISTI Owner ID: 120357 Mailing Address: 1201 Leopard St %Ownership: 100.0000000000% Corpus Christi,TX 78401-2162 Exemptions: EX-XV FQLPA 2023.10.99 PAGE 35 REAL ESTATE TAXES CORPUS CHRISTI•TEXAS VACANT LAND REAL ESTATE TAXES The subject property is located in Corpus Christi, Nueces County, Texas and is taxed based on values established by the county tax assessors.The tax rates are applied to the assessed value of the subject property, and the taxes for the subject property are then estimated.The taxes are estimated per$100 of assessed value. This property is subject to taxes for the city of Corpus Christi, Corpus Christi Independent School District, and Nueces County. The subject currently displays a combined assessed value of$471,761 or$3.54/SF. However,this assessed value does not include the 0.41-acre (18,000 SF) road easement known as Mary Street, which does not have an assessed value. As such,we have applied the current combined assessed value of the other subject tracts to the total area of the subject. Indicating a total calculated assessed value of $3.54/SF or $535,575 (rounded), which is considered favorable based on the analysis herein. Taxes for the subject are as follows: PROPERTY TAX CALCULATION Account #: 228353,228358,228362,228354, 228356, 228357, 228359, 228360, 228361 Authority Assessed Value Rate /$100 Tax Liability City $535,575 $0.5997740 $3,212 County $535,575 $0.5624970 $3,013 School $535,575 $0.9690000 $5,190 $2.1312710 $11,415 1 1■ I LPA 2023.10.99 PAGE 36 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE The Appraisal Institute defines highest and best use as follows: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." The four criteria the highest and best use must meet are: PHYSICALLY POSSIBLE LEGALLY PERMISSIBLE What uses of the site in question are What uses are permitted by zoning and physically possible? deed restrictions? FINANCIALLY FEASIBLE MAXIMALLY PRODUCTIVE Among the financially feasible uses that Which possible and permissible uses will are physically possible and legally produce a net return to the owner of the permissible, which use will produce the site? highest net return or the highest present worth? There are two types of highest and best use studies. The first is the highest and best use of the land or site as though vacant. The second is the highest and best use of the property as improved. The highest and best use of land or a site as though vacant assumes that the parcel is vacant or can be made vacant by demolishing any improvements. The question to be answered in this analysis is: If the land is, or were vacant, what use should be made of it? The highest and best use of a property as improved pertains to the use that should be made of an improved property in light of its improvements. Should it be maintained as it is, or be renovated, expanded, demolished, or partly demolished? Should it be replaced with a different type or intensity of use, or should it be held as an interim use? The improvements should be retained as long as they have some value and the return from the property exceeds the return that would be realized by a new use, after deducting the costs of demolishing the old building and constructing a new one. 1 1 Q LPA 2023.10.99 PAGE 37 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND HIGHEST & BEST USE - AS IF VACANT Physically Possible The subject site totals 3.47-acres (151,293 SF) and is rectangular in shape with a generally level topography. No flood plain is noted. The address associated with the subject is 2212 Morris Street, Corpus Christi, Nueces County,Texas 78405.Accessibility to the site is via curb cuts along the traffic carrier.Overall,access is considered good. The property has all necessary utilities in place. The site is primarily surrounded by residential and commercial uses. Access to the subject's neighborhood is considered good due to its location near primary traffic carriers. The principle of conformity is an important consideration in determining the physically possible uses of a site. Conformity is the appraisal principle that holds that real property value is created and sustained when the characteristics of a property conform to the demands of its market. The styles and uses of the properties in an area may conform for several reasons, including economic pressures; the shared preferences of owners for certain types of structures, amenities,services;and the enforcement of uniform standards by zoning ordinances. Based on the subject's physical characteristics and the principle of conformity, the subject site could be utilized for a multitude of uses. Legally Permissible The northern portion of the subject is currently zoned "RS-6" -Single Family Residential District and the southern portion of the subject is currently zoned "Cl" - Intensive Commercial District. Per conversation with Bobby Harraid, Property & Land Acquisition Manager with the City of Corpus Christi, the current land zoning will be rezoned to "RM" - Multi-Family Residential upon approval by the city of Corpus Christi. As such, we are appraising the subject as if the pending zoning change has been approved. According to city officials, this district is intended to provide a variety of housing types at multifamily densities. This zoning provides for a uniform set of standards for development, including parking and building setbacks. Other than zoning, no private deed restrictions were uncovered during a normal investigation, which would further limit the potential uses of the subject site. Nonetheless, a title policy is strongly suggested in order to guarantee the absence of adverse restrictions. No other legal restrictions or covenants were found to be imposed on the subject property at the time of the appraisal,which would further restrict its development.The site's zoning requirements support the physical indication that the site's most probable use, as if vacant,would be for multi-family residential use. 1 1 Q LPA 2023.10.99 PAGE 38 HIGHEST&BEST USE CORPUS CHRISTI•TEXAS VACANT LAND Financially Feasible & Maximally Productive The prior consideration of physically possible uses and legally permissible does not significantly narrow the use of the subject property. Based on market data presented in this report, it appears that development of a residential use is likely feasible. After considering legal, physical and financial alternatives, it is our opinion that the highest and best use of the as if vacant is for multi-family residential development. 1 1■ I LPA 2023.10.99 PAGE 39 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND VALUATION The principles of real estate appraisal are basic to the sales comparison approach; however, one of the most important is the principle of substitution. "As applied to the sales comparison approach, the principle of substitution holds that the value of a property tends to be set by the price that would be paid to acquire a substitute property of similar utility and desirability." The sales comparison approach is a method of estimating market value whereby a subject property is compared with comparable properties that have sold recently. One premise of the sales comparison approach is that the market will determine a price for the property being appraised in the same manner that it determines the prices of comparable, competitive properties. Essentially, the sales comparison approach is a systematic procedure for carrying out comparative shopping. As applied to real estate, the comparison is applied to the unique characteristics of the economic good that cause real estate prices to vary. 1 1 Q LPA 2023.10.99 PAGE 40 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND o 0 0 0 0 COMP MAP Portland �(Posita C'metary (P,ivate Cemetery) z"5rset ANN AV]LLF 771 North Be COMP 3 ....... _ exas State Aquarium 2'T se or a Christi D w Vlalet 0 SUBJECT Cole Park 0 0 Corpos Cnristl trtrnat�aaal E71 �A No NA �Hosuital Memory D Gardens C Funeral Home &Cemetery (] IQ o - ELI 5, o I Corpus Christi Gun CIubQ - COMP 5, ® q eAv AAw p 1 - Naval Ai C] 1)�sas C, GorpG,t Tierra Grande N 0 .3 'dirk[7unmr li dChrist ®soma siae I^c us Christi 0 0 0 -� Q' o o c 0 © O l O os&gaY LEI - WeF an s C] Ga'cei's Pres ve 0 Madera American Cheel Nature erde- COMP4 - COMP Pq ® 51 0 0 o NaldroJ! �t 0 Field No F f 0 1 1■ I LPA 2023.10.99 PAGE 41 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 1 I K .` Ilvl ljldl\�MYIp. r , py Address/ 5409 Lipes Boulevard, Date of Sale Listing Location Corpus Christi, Texas Sale Price $2,172,555 Price Per Acre $228,690 PHYSICAL DATA Price Per SF $5.25 Size (acres) 9.500 Size (SF) 413,820 Grantor Listing Zoning "RM-1" -Multi-Family Grantee Listing Shape Slightly Irregular Recording Listing Topography Generally Level Confirmation Broker Utilities A II available Property is located on the south side of Lipes Boulevard,just west of South Staples Street. Property was proposed to be developed with an apartment complex, town home development, or assisted living faciltiy. No flood is noted.The property has been listed on the market as of February 22, 2023. Broker: Wayne Lundquist (361)854-4448. 11 p LPA 2023.10.99 PAGE 42 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 2 44 , F R 7� . ��h a bnN:�.a �►� 2. f Ar t �. LOCATION Address/ TBD Cimaarron, Date of Sale March 10, 2022 Location Corpus Christi,Texas Sale Price $1,524,600 Price Per Acre $152,460 PHYSICAL DATA Price Per SF $3.50 Size (acres) 10.00 Size (SF) 435,600 Grantor Jerry Jurach Zoning "RM-1"-Multi-family residential Grantee CA Cimarron Apartments, LLC Shape Rectangular Recording 2022013850 Topography Generally Level Confirmation Broker Utilities Available • The property is located along the east side of Cimarron Boulevard, north of Yorktown Boulevard. No flood plain is noted.The property was purchased for multi-family development. Source: Jim Boller 111 361.884.0488 1 1■ I LPA 2023.10.99 PAGE 43 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 3 Address/ 10426 Leopard Street, Date of Sale November 18, 2021 Location Corpus Christi, Texas Sale Price $295,000 Price Per Acre $122,052 PHYSICAL DATA Price Per SF $2.80 Size (acres) 2.42 Size (SF) 105,285 Grantor Ramon Olivia and Roxanna M Ramon Zoning General Commercial Grantee RS Serenity Homes LLC Shape Rectangular Recording 2021041498 Topography Generally Level Confirmation MLS Broker Utilities Available The property is located along the north side of Leopard Street, east of Mckinzie Road.The site is not located in a designated flood plain. Source: Lisa Hunt 361.726.8131 1 1 p LPA 2023.10.99 PAGE 44 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 4 i� u Address/ 3809 Airline Road, Date of Sale October 13, 2021 Location Corpus Christi, Texas Sale Price $675,000 Price Per Acre $205,167 PHYSICAL DATA Price Per SF $4.74 Size (acres) 3.290 Size (SF) 142,441 Grantor Smith Lifetime Trust Zoning "FR"- Farm Rural Grantee Corpus Christi Golden Stone LLC Shape Generally Rectangular Recording 2021054922 Topography Generally Level Confirmation Broker Utilities A II A vailable Property is located at the northwest corner of Airline Road and Lipes Boulevard. Property was zoned "FR" at time of sale but was proposed to be developed with a commercial/retail development. No flood plain is noted. According to the Nueces CAD, improvements have been constructed on the site as of 2023. Broker: Wade Spenst (361) 834-6333. FQLPA 2023.10.99 PAGE 45 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND COMPARABLE 5 f5 f A f Address 5511 Kostoryz Road, Date of Sale February 18, 2021 Corpus Christi,Texas Sales Price $475,000 Price Per Acre $120,559 DESCRIPTIONPHYSICAL Price Per SF $2.77 Size (acres) 3.94 Size (SF) 171,626 Grantor: Rogerio Lopez& Maria Esperanza Zoning General Commercial Grantee: Bomba Enterprises, LLC Shape Irregular Recording 202108105 Topography Available Confirmation Broker The property is located along the northwest side of Kostoryz Road,just northeast of Holly Road.The property has utilties on site. Broker:Tom V erducci 361-774-1685 1 1■ 1 LPA 2023.10.99 PAGE 46 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND LAND SALES SUMMARY The market data utilized for the basis of this analysis is considered the best available and indicative of current market trends for undeveloped land in the subject market area. Components that affect the sale price of vacant land are numerous, but the most prominent are property rights conveyed, terms, conditions of sale, market conditions, size, location, physical features,zoning and public utility availability. Property Rights The adjustment for property rights conveyed recognizes that differences in legal interest or estate between the subject and the comparable properties may occur. In this analysis,all the sales occurred in fee simple title. With respect to this factor, no adjustments were warranted. Financing Terms The adjustment for cash equivalency takes into account the fact that the transaction price of the comparable property may not be equal to its cash equivalent price. All the sales utilized in this analysis were cash to seller transactions or transactions involving market financing, and no adjustment for cash equivalency was necessary. Conditions of Sale Adjustments for conditions of sale are intended to recognize motivations of the buyer and the seller that are unique to ordinary market conditions. All of the comparable market data utilized herein were arm's length transactions. With respect to this factor, Comparable 1 indicates a downward adjustment to allow room for negotiations in the listing price. Market Conditions Each of the previous sales have been given consideration for the lapse of time between the date of sale and the effective date of this appraisal (market condition).The available market data was analyzed in an attempt to extract an adjustment for this factor. With respect to this factor, Comparables 3, 4, & 5 indicate upward adjustments due to the improved market conditions since the dates of sale. Location Differences in value occur due to varying degrees of accessibility, exposure, and surrounding development to a site.Access is often determined by corner locations, natural barriers,ease of entrance on and off of major thoroughfares, etc. Surrounding development also plays an important part of locational influences for a property. With respect to this factor, Comparables 1, 2, and 4 display downward adjustments as they are located in superior market areas closer to newer commercial and residential development. 1 1 Q LPA 2023.10.99 PAGE 47 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND Size Size is a factor that must be considered when comparing vacant land sales. Typically, but not always, larger tracts sell for a lower unit value. Therefore, when making comparisons on a per unit basis, such as price per unit, the larger tracts tend to be adjusted upward and the smaller tracts tend to be adjusted downward to accurately reflect the differences. With respect to this factor, materially larger tracts of land were adjusted upward accordingly, and materially smaller tracts of land were adjusted downward accordingly. Physical Features The overall site characteristics of each sale have been compared to the subject site. These include traits such as drainage, site preparation expense, topography, and configuration. Configuration, if irregular, may limit development. With respect to this factor, Comparable 3 indicates an upward adjustment to account for its inferior site preparation and clearing that would be required for development. Comparable 5 indicates an upward adjustment to account for its inferior shape and configuration. Utilities The availability of public utilities such as water, electric power and sanitary sewer service have an impact on property values since the non-availability of such utilities could restrict the overall development and/or potential use of an individual site.Therefore,when analyzing vacant land, it is important to determine whether or not public utilities are available. If they are not available, the appraiser must examine to what extreme a potential developer would have to go in gaining access to such services. With respect to this factor, no adjustments are indicated. Zoning/Use Adjustments for zoning typically recognize the different densities and restrictions of different zoning classifications, as well as use potential, and directly relates these differences between the comparable sales and the subject property. The zoning classifications and/or use potential for the sales utilized are deemed similar to that of the subject. With respect to this factor, Comparables 3 and 5 are adjusted downward as they display commercial zoning which is superior to the subject. Comparable 4 indicates a greater downward adjustment as it is zoned "Farm/Rural" which is the least restrictive zoning district and allows for numerous development options. 1 1 Q LPA 2023.10.99 PAGE 48 LAND VALUATION CORPUS CHRISTI•TEXAS VACANT LAND CONCLUSION In the final analysis of the subject property, similar weight was given to all of the sales. The following is the adjustment table with the concluded opinion of value via the Sales Approach. SUBJECT 1 2 3 4 5 Date Current Listing Mar-22 Nov-21 Oct-21 Feb-21 Sale Price $2,172,555 $1,524,600 $295,000 $675,000 $475,000 SIZE-SF 151,293 413,820 435,600 105,285 142,441 171,626 Unit Price($/SF) $5.25 $3.50 $2.80 $4.74 $2.77 TRANSACTION Similar Similar Similar Similar Similar Property Rights Fee Simple 0% 0% 0% 0% 0% $5.25 $3.50 $2.80 $4.74 $2.77 Similar Similar Similar Similar Similar Financing Terms Cash 0% 0% 0% 0% 0% $5.25 $3.50 $2.80 $4.74 $2.77 Listing Similar Similar Similar Similar Conditions of Sale Arm's Length -15% 0% 0% 0% 0% $4.46 $3.50 $2.80 $4.74 $2.77 Listing Mar-22 Nov-21 Oct-21 Feb-21 Market Conditions Current 0% 0% 5% 5% 8% $4.46 $3.50 $2.94 $4.98 $2.99 PROPERTY Superior Superior Similar Superior Similar Location Average -25% -10% 0% -20% 0% Size-Acre 151,293 413,820 435,600 105,285 142,441 171,626 5% 5% 0% 0% 0% Physical Features Average Similar Similar Inferior Similar Inferior 0% 0% 15% 0% 15% Similar Similar Similar Similar Similar Utilities Available 0% 0% 0% 0% 0% Similar Similar Superior Superior Superior Zoning 0% 0% -5% -10% -5% Total Adjustment -20% -5% 105v. -30% 105v. Adjusted$/SF $3.57 $3.33 $3.24 $3.48 $3.29 Adjusted Mean$/SF $3.38 Primaryweightis placed on the most recentsale data and a value generally in-line $3.40 with the mean is supported. Land Size(SF) 151,293 Value Indication $514,396 Concluded Value $510,000 1 1 Q LPA 2023.10.99 PAGE 49 RECONCILIATION CORPUS CHRISTI•TEXAS VACANT LAND RECONCILIATION In the preceding sections of this report, an indication of value based upon the Sales Approach has been developed by processing data considered applicable and significant to the approach with respect to the subject. As a result, the following opinion of value was developed: SALES APPROACH $ 510,000 The quality and quantity of market data utilized was considered good and a credible opinion of value was indicated via the Sales Approach. Given that it was the only approach utilized herein, it is given full weight. This appraisal, subject to the assumptions and limiting conditions as expressed herein and conducted according to the Uniform Standards of Professional Appraisal Practice, led us to the opinion that the subject property has a market value of: VALUE CONCLUSION Status Interest Date Value As Is Fee Simple October 11,2023 $510,000 1 1■ I LPA 2023.10.99 PAGE 50 MARKETING/EXPOSURE TIME CORPUS CHRISTI•TEXAS VACANT LAND MARKETING / EXPOSURE TIME Consideration has been given to a reasonable estimated exposure and marketing period estimate for the subject property. Exposure Time as it relates to the subject is utilized in establishing market value. The Comment to Standards Rule 1-2 (c) of USPAP states that when estimating market value, the appraiser should be specific as to the estimate of exposure time linked to the value estimate. Reasonable exposure time is one of a series of conditions in most market value definitions. Exposure time is always presumed to precede the effective date of the appraisal. Exposure time may be defined as follows: the estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal. Marketing Time is a function of various factors including, prevailing market conditions,the price of the product being marketed, the competitive position of the property in the market, and the amount and quality of marketing effort allocated to the property. It is strongly emphasized that the appraisers have no control of the aforementioned factors, nor can the appraisers anticipate or predict any of them. Therefore, it assumed that the property would receive an adequate marketing effort. Therefore, an estimated marketing period of 12 months or less and an exposure time of 12 months or less is considered reasonable. 1 1■ I LPA 2023.10.99 PAGE 51 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND ASSUMPTIONS & LIMITING CONDITIONS "Report"signifies the appraisal or consulting report and its conclusions,to which these Assumptions and Limiting Conditions are annexed. "Property"signifies the subject of the Report. "LPA"means Lowery Property Advisors, LLC,or its subsidiary that issued the Report. "Appraisers)"means the employee(s) of LPA who prepared and signed the Report. The Report has been made subject to the following assumptions and limiting conditions: • Unless otherwise specifically noted in the body of the report,it is assumed that the title to the property or properties appraised is clear and marketable and that there are no recorded or unrecorded matters or exceptions to title that would adversely affect marketability or value. LPA is not aware of any title defects, nor has it been advised of any representations relative to the condition of the title. LPA has not reviewed any documents dealing with liens,encumbrances,easements,deed restrictions,clouds and other conditions that may affect the quality of the title. Insurance against financial loss resulting in claims that may arise out of defects in the subject's title should be sought from a reputable title company which specializes in real property. • Unless otherwise stated in this report,the existence of hazardous material,which may or may not be present on the property was not observed by the appraisers. LPA has no knowledge of the existence of such materials on or in the property. LPA, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea formaldehyde foam insulation, contaminated groundwater or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would constitute a loss in value.No responsibility is assumed for any such conditions,or for any expertise or engineering knowledge required to discover them.The client is urged to retain an expert in this field, if desired. LPA has inspected as thoroughly as possible by observation. However, it was impossible to personally inspect conditions beneath the soil.Therefore, no representation is made as to these matters unless specially considered in the appraisal. • The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. • Responsible ownership and competent property management are assumed. • The information furnished by others is believed to be reliable. However,LPA gives no warranty for its accuracy. • LPA assumes that all engineering is correct.The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. • If provided, the estimated insurable value is included at the request of the client and has not been performed by a qualified insurance agent or risk management underwriter. The cost estimate should not be solely relied upon for insurable value purposes. The appraisers are not familiar with the definition of insurable value from the actual insurance provider, the local government underwriting regulations,or the types of insurance coverage available. LPA has followed traditional appraisal standards to develop a reasonable calculation based upon industry practices and industry accepted publications such as the Marshall Valuation Service handbook.Actual construction costs can vary greatly from this estimate.These factors can impact cost estimates and are beyond the scope of the intended use of this appraisal.The appraisers are not cost experts in cost estimating for insurance purposes. • LPA assumes that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. • It is assumed that there is full compliance with all applicable federal, state and local environmental regulations and laws unless noncompliance is stated,defined,and considered in the Appraisal Report. • All applicable zoning and use regulations and restrictions are assumed to have been complied with, unless a nonconformity has been stated,defined,and considered in the Appraisal Report. • Required licenses,certificates of occupancy,consents,or other legislative or administrative authority from any local,state,or national government or private entity or organization are assumed to have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 1 1■ I LPA 2023.10.99 PAGE 52 ASSUMPTIONS&LIMITING CONDITIONS CORPUS CHRISTI•TEXAS VACANT LAND • The utilization of the land and improvements is assumed to be within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. • All information, comments and conclusions pertaining to subject and other properties described represent the opinion of the appraiser formed after a personal examination of each. • The appraiser has no interest,present or prospective,in the subject property. • Sketches in this report are included to assist the reader in visualizing the property. • LPA assumes that there are no hidden or unapparent conditions of the appraised property, which would render it more or less valuable. Furthermore, the appraisers assume that there are no potentially harmful asbestos or other materials and/or site contaminants in, on, or near soil, subsoil, or structure of the appraised property and that there has been no disposal, discharge, leakage, or spillage of pollutants or contaminant which would render it more or less valuable, whether or not these materials or contaminants are apparent or hidden and unapparent. • No responsibility is assumed by the appraisers for these conditions. In addition, no responsibility is assumed by LPA for the cost of engineering and/or laboratory studies which might be required to discover such materials or contaminants.And no such engineering or laboratory studies have been ordered for the appraised property. • Disclosure by the appraiser of the contents of this Appraisal Report is subject to review in accordance with the by-laws and regulations of The Appraisal Institute. • The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization.The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. • Possession of this report,or a copy thereof,does not carry with it the right of publication,unless prior arrangements have been made. • The appraiser, by reason of this appraisal, is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. • Neither all nor any part of the contents of this report especially any conclusions as to value,the identity of the appraiser,or the firm with which the appraiser is connected)shall be disseminated to the public through advertising,public relations, news,sales,or other media without prior written consent and approval of the appraiser. • This appraisal was made in accordance with the Code of Professional Ethics and Uniform Standards of Professional Appraisal Practice as promulgated by the Appraisal Foundation and the Appraisal Institute. • Acceptance of and/or use of this report constitutes acceptance of all assumptions and limiting conditions stipulated. • The Americans with Disabilities Act("ADA") became effective January 26, 1992.LPA has not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so,this fact could have a negative effect upon the value of the property.Since we have no direct evidence relating to this issue,we did not consider possible non-compliance with the requirements of ADA in estimating the value of the property. • Unless otherwise noted in the body of the report,it is assumed that there are no mineral deposits or subsurface rights of value involved in this appraisal,whether they are gas, liquid, or solid. Nor are the rights associated with extraction or exploration of such elements considered unless otherwise stated in this Appraisal Report. Unless otherwise stated, it is also assumed that there are no air or developments rights of value that may be transferred. • By use of this Appraisal Report,each party that uses this Report agrees to be bound by all of the Assumptions and Limiting Conditions, Hypothetical Conditions and Extraordinary Assumptions stated herein. 1 1■ I LPA 2023.10.99 PAGE 53 CERTIFICATION CORPUS CHRISTI•TEXAS VACANT LAND CERTIFICATION We certify to the best of our knowledge and belief: • The statements of fact contained in this report are true and correct. • The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and is our personal,impartial and unbiased professional analyses,opinions,and conclusions. • We have no present or prospective interest in the property that is the subject of this report and have no personal interest in or bias with respect to the parties involved with this assignment. • Our engagement in this assignment was not contingent upon developing or reporting predetermined results. • We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. • Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client,the amount of the value opinion,the attainment of a stipulated result or the occurrence of a subsequent event directly related to the intended use of this appraisal. • Our analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice,as well as the State of Texas. • Jeffrey K.Walters made a personal inspection of the property that is the subject of this report;Mario Caro,MAI,AI-GRS,SR/WA,AI- GRS,Michael A.McLain,MAI,R/W-AC,and Bridgette L.Vasquez did not make a personal inspection of the subject property that is the subject of this report. • No one provided significant real property appraisal assistance to the person(s) signing this certification. • This appraisal assignment was not based upon a requested minimum valuation,a specific valuation,or the approval of a loan. • As of the date of this report,Mario Caro,MAI,AI-GRS,SR/WA and Michael A.McLain,MAI,R/W-AC have completed the continuing education program for Designated Members of the Appraisal Institute.Moreover,the reported analyses,opinions,and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute,which include the Uniform Standards of Professional Appraisal Practice. • As of the date of this report,Jeffrey K.Walters has completed the Standards and Ethics Education Requirements for Candidates of the Appraisal Institute • The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. • We have not provided services as an appraiser or in any other capacity regarding the property that is the subject of this report within a three-year period immediately preceding acceptance of this assignment. MARIO CARO,MAI,AI-GRS,SR/WA MICHAEL A.MCLAIN,MAI, R/W-AC Certificate No.TX1334889-G Certificate No.TX1380290-G !it/u.(� JEFFREY K.WALTERS BRIDGETTE L.VASQUEZ Certificate No. TX1380924-G Certificate No.TX 1343427 1 1 Q LPA 2023.10.99 PAGE 54 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND ADDENDUM 1 1■ I LPA 2023.10.99 PAGE 55 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND Department of Engineering Property&Land Acquisition Division Real Estate Appraisal Contract This contract is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or designee and Lowery Property Advisors, LLC, ("Appraiser")of 800 N Shoreline Blvd, Suite 400, Corpus Christi, Texas 78401 for the preparation of one Real Estate Appraisal report. NOW THEREFORE, the City and the Appraiser agrees as follows: A. The Appraiser agrees to the following: (1) Prepare one full narrative appraisal report which develops a fee simple value (as defined in USPAP)to the following properties: 2212 Morris Street(2.07 AC),521 19th Street(0.17 AC),2206 Mary Street(0.17 AC),2208 Mary Street (0.08 AC), 2210 Mary Street (0.17 AC), 2212 Mary Street (0.16 AC), 2214 Mary Street(0.08 AC), 2218 Mary Street(0.08 AC), 2222 Mary Street(0.08 AC), and the Mary Street Road Easement (±0.41 AC), Corpus Christi, Texas 78405 (Containing approximately 3.47 AC or 151,293 SF) In developing and reporting the appraisal,the appraiser must abide by the most current edition of the Uniform Standards of Professional Appraisal Practice(USPAP). The report must include the Highest and Best Use, all applicable approaches to value and any hypothetical conditions or extraordinary assumptions. Include all comparable sales and provide a map showing the comparable sales. Do not include sales data of land acquired under the threat of eminent domain. (2) Submit the appraisal report to the City of Corpus Christi along with Appraiser's invoice. The appraisal will contain a summary letter indicating the market value determined in the report. Include in the addendum all maps, photographs, market data and other pertinent data which affect the final market value. (3) The Appraiser will submit appraisal report to the City no later than three (3) weeks after authorization to proceed. The City reserves the right to add,amend and revise the amount of the parcels, if necessary, at additional fee agreed upon between the City and the Appraiser. (4) The Appraiser agrees to share information on comparable sales in the area in a cooperative manner with other appraisers appraising in the area for the City. (5) The Appraiser agrees to consult with the City Property and Land Acquisition Division Manager to discuss the appraisal prior to completion and shall submit the report to Property and Land Acquisition Division, bobbyh2(a)cctexas.com, P. O. Box 9277, (City Hall- 1201 Leopard Street), Corpus Christi, Texas 78469-9277 upon completion. (6) SCOPE OF WORK: See the Appraiser's Fee proposal attached as Exhibit A for Scope of Work. It is further agreed that appraisal information concerning the property assigned for appraisal services, whether contained in or within the appraisal report to the City or not, is to be treated as confidential and a breach of such confidence by the Appraiser,except on written authorization by the City Manager or upon proper order of the Court, is a material breach of this contract. 1 1 1■ 1 LPA 2023.10.99 PAGE 56 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND (7) If there are separately held interests in any parcel of real property to be acquired (such as leasehold estates, tenant-owned improvements, agricultural crops, life estates, etc.)the appraisal must include an apportionment of the total just compensation to each separately held interest to be acquired. Acquisition will not include mineral rights. (8) The Appraiser will comply with all Federal, State and Local laws and ordinances applicable to the work. (9) In the appraisal report, the Appraiser will include the Appraiser's technical qualifications, general appraisal experience, specific experience in appraising properties of the type involved in this project,the courts in which Appraiser has testified as an expert witness and any other information relating to professional qualifications. (10) In agreeing to the terms of this contract, the Appraiser hereby certifies that Appraiser does not have any interest (including that of real estate broker or agent), direct or indirect, present or prospective, in any parcel(s)described in this contract or any other interest,whether or not in connection with said parcel(s), which would conflict in any manner or degree with the performance of the services and submission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished hereunder, any person having any such interest, and until such parcel(s)is(are) acquired by the City or excluded from its project. The Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interest and will not, for their own account or for other than the City, negotiate for any of said parcel(s), perform services in connection with said parcel(s), or testify voluntarily as a witness in a condemnation or other proceeding with respect to such parcel(s). (11) The Appraiser shall not assign, transfer or delegate any of Appraiser's obligations or duties of this contract to any other person without prior written consent of the City Manager or designee except for routine duties delegated to personnel of the Appraiser's staff. (12) INDEMNIFICATION Appraiser agrees to indemnify, save harmless and defend the City of Corpus Christi, its agents and employees against and hold it harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, due to activities of Appraiser, its agents or employees, including without limitation, any injury to any person, any death at any time resulting from such injury or any damage to any property,which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole negligence of the City of Corpus Christi, its agents or employees. B. The Qty agrees to provide the following to the Appraiser: (1) Furnish copies of any available survey data for the parcel. (2) Furnish copies of any available title reports for the parcel. (3) Provide information on comparables, if any, available to the City. (4) Other data as indicated in the appraiser's proposal letter. C. Fee: 2 1 1■ 1 LPA 2023.10.99 PAGE 57 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND In consideration of work to be performed by the Appraiser as written in Section A, subsections 1- 12 herein and in accordance with the appraiser's written proposal attached as Exhibit A, the City agrees to pay Appraiser the total sum of$2,750.00 for the appraisal report. D. Payment: Payment for the appraisal reports are to be made upon completion of the total assignment, submittal of Invoice and correction of any errors. E. Termination: The City Manager or designee reserves the right to terminate this contract with or without cause at anytime. Termination may include the entire contract or may include only selected parcels that the City desires to delete. In either case, the City agrees to pay Appraiser only for the work completed at the time of termination. CITY OF CORPUS CHRISTI: LOWERY PROPERTY ADVISORS, LLC: Jeff H. Edmonds, P.E. (Date) Mario Caro, MAI, AI-GRS, SRIWA (Date) Director of Engineering Services mario(a- lowerypa.com APPROVED AS TO FORM: Legal Department (Date) 3 1 1■ 1 LPA 2023.10.99 PAGE 58 ADDENDUM CORPUS CHRISTI•TEXAS VACANT LAND EXHIBIT A _... n r a ,w o r October 6,2023 Engineering Services City of Corpus Christi 1201 Leopard Street, P.O.Box 9277 Corpus Christi,Texas 78469-9227 361.571.6781 ATTN:Bobby Harraid Property&Land Acquisition Manager SUBJECT:2212 MORRIS STREET(2.07 AC).521 19TH STREET(0.17 AC),2206 MARY STREET(0.17 AC),2208 MARY STREET(0.08 AC),2210 MARY STREET(0.17 AC),2212 MARY STREET(0.16 AC),2214 MARY STREET(0.08 AC), 2218 MARY STREET(0.08 AC),2222 MARY STREET(0.08 AC).AND THE MARY STREET ROAD EASEMENT(±0.41 AC),CORPUS CHRISTI,TEXAS 78405(CONTAINING APPROXIMATELY 3.47 AC OR 1151,293 SF) Dear Mr.Harraid: Per your request,we can complete a full narrative appraisal report of the above referenced property in Corpus Christi, Nueces County,Texas as follows: Not to exceed$3,600 and two(2)weeks from signed authorization to proceed. Not to exceed$2,750 and three(3)weeks from signed authorization to proceed. The appraisal will conform to Uniform Standards of Professional Appraisal Practice(USPAP).If you accept the terms of this proposal, please sign and email back to our office. Please don't hesitate to call or email me directly if you have any questions or concerns. Thank you for the opportunity to serve the City of Corpus Christi,Texas. Lowery Property Advisors, LLC MARIO CARO,MAI,AI-GRS, SR/WA BOBBY HARRAID DATE moriod1lowerypo.com loolbbyh24cctexos.com MAIL CHECK TO: WIRE PAYMENT TO: Lowery Property Advisors Lowery Property Advisors 105 Decker Court,Suite 1000 wells Fargo Bank Irving.Texos 75062 Routing#121000248 Account 49712476622 1 1■ 1 LPA 2023.10.99 PAGE 59 MARIO CARO, MAI, AI-IGRS, SR/WA SAN ANTONIO OFFICE EXPERIENCE 100 NE Loop 410 #1350 Mario Caro has served as Managing Director of LPA San Antonio since 2016. LPA is a San Antonio,Texas 78216 commercial appraisal and consulting firm completing a wide range of projects throughout the southwest. Property types include, but are not limited to office, retail, industrial, multi-family, mixed-use, self-storage, hotel/motel, car washes, vacant land, direct 210.528.1491 daycare, subdivisions, and special use. marioCadowerypa.com Mario began his appraisal career in 2001 with a regional appraisal company in Houston and specialized in right-of-way and eminent domain appraisal on public and private projects nationwide. In 2005, he returned to his hometown in San Antonio and joined a boutique appraisal firm providing right-of-way and commercial valuation.After 10 years, he moved to the largest global real estate valuation firm and appraised high-profile commercial properties in addition to initializing their right-of-way practice. Mario has 20 years'experience appraising for litigation and legal support matters in both federal and state courts. Numerous clients, including public agencies, attorneys, title companies, and lenders nationwide have relied on his expertise in an appraiser and review appraiser capacity.Mario has provided expert wiliness testimony and support on a variety of property types for public transportation,utility and recreational corridors,and drainage facilities. PROFESSIONAL ASSOCIATIONS • Appraisal Institute - International Right-of-Way Association •Designated Member (MAI and AI-GRS) •Designated Member (SR/WA, R/W-AC) ■President 2022,South Texas Chapter •President 2022-2023, South Texas •First and Second Vice President 2021 •Vice President 2021-2022,South Texas &2020,South Texas Chapter •Treasurer 2020-2021,South Texas -Treasurer 2019,South Texas -Secretary 2019-2020,South Texas -Secretary 2018,South Texas -Activities Chair 2012-2013, South Texas -Regional Rep 2020-2021,South Texas •Education Chair 2020, South Texas -Board of directors 2014-2017, South Texas Chapter •Alternate Regional Rep 2014-2019, South Texas Chapter -Candidate Guidance Chair 2014-Present, South Texas Chapter /,�Jo Certified General LICENSES EDUCATION TALCB Real Estate Appraiser Texas General Appraiser BS-Texas A&M University-Agribusiness 1334889-G Appraiser: MARIO ANTONIO CARO Coursework for MAI designation License tl: Tx 1334889 G License xpires:D5/31/2025 Coursework for SR/WA designation Harr.g provided sat15facrorye4:deoce of the qual:icnor5 required bi'rhe Teas Aoo!aise✓L,cerswg and Cetrf:ca¢ion Acr,DerupavoFu Coursework for AI-GRS designation Cade,Crao'1103,autworratlon is grantedto use tnu title: Cen fid General Real Estate A Coursework additror at infornia6on or to fl le a compilaint Coursework for RiW-AC designation pleasecw�tactTALCB CemmisYa„er at—talco.te>as.gov. • c lowerypa.com MICHAEL A. MCLAIN, MAI, R/W-AIG FORT WORTH OFFICE EXPERIENCE 1200 Summit Ave #750 October 2015 to Present;Senior Managing Director at Lowery Property Advisors, LLC Fort Worth,Texas 76102 May 2009 to September 2015;Senior Associate at Todd Property Advisors, Inc. direct 817.439.6197 Types of properties appraised include: office, retail, industrial, agricultural, mixed-use developments, restaurants, hotels, marinas, day cares, subdivisions, apartments, car office 682.285.1520 x 801 washes, land, and other types of special use commercial properties, partial acquisitions andy@lowerypa.com and eminent domain/condemnation related appraisals. EDUCATION 35-Texas A&M University-Ag Economics (Finance/Real Estate Option),2009 Coursework for MAI designation Coursework for R/W-AC designation Successfully completed the following courses offered by The Appraisal Institute, the International Right-of-Way Association (IRWA) and McKissock: -Appraising Convenience Stores •Eminent Domain and Condemnation •Problems in the Valuation of Partial Acquisitions -The Valuation of Partial Acquisitions -Standards of Practice of the Right of Way Professional -The Basics of Expert Witness for Commercial Appraisers -Appraisal of Fast-Food Facilities •Appraisal of Land Subject to Ground Leases •Introduction to Commercial Appraisal Review •Uniform Appraisal Standards for Federal Land Acquisitions (Yellow Book) PROFESSIONAL ASSOCIATIONS •Appraisal Institute--MAI Designated Member, Central TX Chapter President 2023 ■IRWA-Credentialed Member(R/W-AC) •Real Estate Council of Greater Fort Worth-Full Member !�Jo Certified General LICENSES TALCB Real Estate Appraiser Texas General Appraiser ....E..•..�,e ' 1380290-G Appraiser: MICHAEL ANDREW MCLAIN Oklahoma General Appraiser License#: TX1380290G Uc• rnsl•Explr:•s:01131/2024 13347CGA ,., .. C [ LUQ A"[ J_C DIICIII Louisiana General Appraiser [ode,[hapter 1103.authorntation sgranted Louse the-title Certified General(teal Estate Appraiser A P R.04401-CGA Ina For additional information at to the a complaint please contact TAL[B rermnesxsner at www.talce.teaas.grw. FQ • 4 lowerypa.com JEFFREY K. WALTERS CORPUS CHRISTI OFFICE EXPERIENCE 800 Forth Shoreline Boulevard, March 2020 to Present; Director at Lowery Property Advisors, LLC Corpus Christi, Texas 78401 August 2016 to February 2020,Certified Appraiser of Allen, Williford &Seale Inc. Types of properties appraised include: office, retail, industrial, agricultural, mixed-use direct 361.232.4700 developments, restaurants, hotels, marinas, day cares, subdivisions, apartments, car jeffGlowerypa.com washes, land, and other types of special use commercial properties, partial acquisitions and eminent domain/condemnation related appraisals. EDUCATION BBA-Finance, Economics Minor-Texas A&M University 2016 Successfully completed the following courses offered by The Appraisal Institute and McKissock: • Basic Appraisal Principles • Basic Appraisal Procedures • Uniform Standards of Professional Appraisal Practice Real Estate Finance, Statistics, and Valuation Modeling General Appraiser Income Capifalization Approach-I • General Appraiser Income Capitalization Approach-11 • General Appraiser Sales Comparison Approach General Appraiser Site Valuation and Cost Approach • General Appraiser Report Writing and Case Studies • General Appraiser Market Analysis and Highest and Best Use • Expert Witness Testimony • Commercial Appraisal Review • Appraisal of Assisted Living Facilities Appraisal of Industrial and Flex Buildings Other applicable courses: • Real Estate Decision Making-Texas A&M Real Estate Finance-Texas A&M • Real Estate Investment Analysis-Texas A&M PROFESSIONAL ASSOCIATIONS •Appraisal Institute-South Texas Chapter •IRWA-San Antonio Chapter Corpus Christi Founding Member '0jv \\ Certified General T'ALCB Real Estate Appraiser LICENSES Appra-ser: Jeffrey Kyle Walters Texas General Appraiser License u. Tx 1380924 G License Expires!09/30,12025 1380924-G Oklahoma General Appraiser ''Am0—ns Pa<°on. 13497CGA wethismi•: '[h,I�e,6ueM-qtr rot addlelunao I.-•:. -.,i nr•o �o r.le a complalne lease rancacY tarts �a...lw..« aI_jakb.te.=s doe, • A lowerypa.com BRIDGETTE L. 'VASQUEZ CORPUS CHRISTI OFFICE EXPERIENCE 800 N Shoreline Blvd #400 April 2022 to Present;Associate at Lowery Property Advisors, LLC Corpus Christi,Texas 78401 December 2019 to July 2021;Accounting Assistant at Emerald Beach Hotel. direct 361.288.1050 Types of properties appraised include: office, retail, industrial, multi-family, self-storage, agricultural, restaurants, apartments, car washes, land, and other types of special use bvasquez@lowerypo.com commercial properties. EDUCATION BBA-Texas A&M University of Corpus Christi-Finance,2021 Successfully completed the following courses offered by The Appraisal Institute and Mc Kissock: Basic Appraisal Principles `Basic Appraisal Procedures 15-hour National USPAP Course `Texas Supervisor-Trainee Cause -General Appraiser Report Writing and Case Studies A* \\ Appraiser Trainee LICENSES TAL.CB Texas State Appraiser Trainee TX 1343427 Trainer Brldge"e Lynn Vasquez Aute `,n o: TX 1343427 Trainee :,pees:06/30/2024 wY,...•.•,.,. .. ,ea..a lral.w's sur.wNon m 16xr lkanaa Neldre]earch as Mww-lakL.lx+a..ya tr. w+aKry FrnnArdCMd T4KmtkYxteeY rvMrnrr..1•Ngl,nY': mm.repuMrd by tM l. lVypfa ftVAi WA CMVM M M Z1. C .,„l.:.d x.7/14 MP. ,91” 1103,•rRllaualw]n p paMed Io Uw Ihn 40!gh +..e-1 P"adim"lal'mfc. ioo P 10 6M a(p Fwrl Pit—.w,,in i.7AC F s; chM+••b h&.4 1 www lakh er.ar kar. eq.r....w ` • lowerypa.com Property Development: Former Lamar Elementary Site ,. . & Nearby Neighborhood Parcels 2023 Request for Interest SECTION I. OVERVIEW The City of Corpus Christi (City) is issuing this Request for Interest (RFI) for the former Mirabeau B. Lamar Elementary School site and additional city-owned parcels in the surrounding neighborhood. ■ The city is seeking one or more experienced real estate development teams to develop housing on the former Lamar school site and additional neighborhood lots. ■ The city envisions infill housing development and is open to innovative concepts that aid the city with meeting local housing affordability needs while stabilizing an established neighborhood. Property Description Currently vacant, the site that was once home to Lamar Elementary School which was originally part of the 1908 Eckerd Subdivision while parcels to the east of 191h Street are part of the 1929 Jasmin Subdivision. Narrow and deep single-family lots, typical of this time, are common throughout the neighborhood, though many lots have been combined over the decades to form larger parcels. Other neighborhood institutions include St. Joseph's Catholic Church, the Garcia Arts Center and Park, and educational facilities like the Marguerite Child Development Center and a charter high school. Lamar Elementary served many generations, starting in 1941. The school was closed in 2010 and later demolished in 2021 to make way for new development and neighborhood investment. Though no longer standing, the site still holds historical significance as the 1948 location of the meeting that formed the American GI Forum, the civil rights group founded by Dr. Hector P. Garcia. (Katheryn Cargo for the Caller Times, November 20, 2021) The city-owned parcels that are included in the RFI are detailed in Map 1 and Table 1 on the following pages. City of Corpus Christi 1 of 8 T , Map 1: Lamar RFI Parcels , • City of Corpus Christi, TX ;� �"'��° 74 N Margu er�Ge St iBe St � � ueri � rt t[ la i9al� n,,�9 ��39.III �381y ��■ rt37�45>wr 56 14 13 12 a9Q8 7 Os a5�03 a2 �.-p6 q' ■r � � 55 ,r. r rte 49� 541� 7 �•^^ 5a Mary St al 1719' la �ls�zo z1 Morns Au w..Morris :t 777 Ho a rman P 111`11 In Ile, C DQ Table 1: Lamar RFI Parcel Detail RFI Nueces County Legal Description Address Lot Zoning Parcel ID Tax ID Acres District 1 224500010010 ECKERD BLK 1 LOT 1 2212 MORRIS ST 2.07 CI 2 224500020010 ECKERD LTS 1 AND 2 BK 2 521 19th ST 0.17 RS-6 3 224500020030 ECKERD LTS 3&4 BLK 2 2206 MARY 0.17 RS-6 4 224500020050 ECKERD LT 5 BK 2 2208 MARY 0.08 RS-6 5 224500020060 ECKERD LTS 6&7 BK 2 2210 MARY 0.17 RS-6 6 224500020080 ECKERD LT 8A BLK 2 2212 MARY 0.16 RS-6 7 224500020100 ECKERD LT 10 BLK 2 2214 MARY 0.08 RS-6 8 224500020110 ECKERD LT 11 BLK 2 2218 MARY 0.08 RS-6 9 224500020120 ECKERD LT 12 BK 2 2222 MARY 0.08 RS-6 10 224500020235 ECKERD LT 24A BLK 2 504 20th ST 0.08 RS-6 11 224500020230 ECKERD LT 23A BLK 2 2221 MARGUERITE ST 0.08 RS-6 12 930700090020 PATRICK WEBB LT 2 BLK 9 2304 MARY 0.09 RS-6 13 930700090060 WEBB PATRICK BLK 9 LOT 2312 MARY 0.26 RS-6 6, 7&8 14 930700090110 PATRICK WEBB LTS 11 & 12 2324 MARY ST @ 21ST 0.17 RM-3 BLK 9 City of Corpus Christi 2 of 8 15 840900070390 STEELE LTS 39&40 BLK 7 2614 MARY 0.16 RS-6 16 930700100210 POATRICK WEBB LT 21 BLK 2320 MORRIS 0.06 RS-6 17 930700100250 5EBB PATRICK BLK 10 LOT 2312 MORRIS 0.06 RS-6 18 930700100260 W6EBB PATRICK BLK 10 LOT 2310 MORRIS 0.06 RS-6 19 930700100270 WEBB PATRICK BLK 10 LOT 2308 MORRIS 0.06 RS-6 20 930700100280 PAT WEBB LT 28 BK 10 2306 MORRIS ST 0.06 RS-6 21 930700100290 POAT WEBB LTS 29&30 BK 623 TWENTIETH ST 0.11 RS-6 22 852900060200 SUMMIT ADDN LTS 20&21 2311 MORRIS 0.14 RS-6 BLK 6 23 852900060190 SUMMIT ADDN LT 19 BLK 6 2309 MORRIS 0.07 RS-6 24 852900060180 SUMMIT ADDN LT 18 BLK 6 2307 MORRIS 0.07 RS-6 25 852900060120 SUMMIT ADDN LTS 12& 13 2219 MORRIS 0.13 RS-6 BLK 6 26 852900060100 SUMMIT ADDN LTS 10& 11 2217 MORRIS 0.13 RS-6 BLK 6 27 852900060080 SUMMIT ADDN LTS 8&9 2211 MORRIS AVE 0.13 RM-3 BLK 6 28 852900060010 SUMMIT ADDN POR OF LT 1, 2203 MORRIS AVE 0.15 RS-6 ALL LTS 2&3 BLK 6 29 852900060380 SUMMIT ADDN LTS 38 THRU 715 19th ST 0.31 RS-6 41 &FCL LT 42 BLK 6 30 377500000010 JASMIN LT 1 538 19th ST 0.11 RS-6 31 377500000020 JASMIN LT 2 536 19th ST 0.07 RS-6 32 377500000030 JASMIN LT 3 532 19th ST 0.07 RS-6 33 377500000040 JASMIN LTS 4 AND 5 530 19th ST 0.15 RS-6 34 377500000060 JASMIN LT 6 528 19th ST 0.07 RS-6 35 377500000070 JASMIN LT 7 526 19th ST 0.07 RS-6 36&37 377500000090 JASMIN LTS 9 AND 10 520 19th ST 0.15 RS-6 38 377500000110 JASMIN LT 11 518 19th ST 0.07 RS-6 39 377500000120 JASMIN LT 12 516 19th ST 0.07 RS-6 40 377500000130 JASMIN LT 13 514 19th ST 0.07 RS-6 41 377500000140 JASMIN LT 14 512 19th ST 0.07 RS-6 42 377500000150 JASMIN LT 15 510 19th ST 0.07 RS-6 43 377500000160 JASMIN LT 16 508 19th ST 0.07 CN-1 44 377500000270 JASMIN LT 27A 429 MARGUERITE ST 0.14 RM-3 45 377500000290 JASMIN LT 29 503 18th ST 0.07 RM-3 46 377500000300 JASMIN LT 30 505 18th ST 0.07 RM-3 47 377500000310 JASMIN LT 31 AND N 12.50 507 18th ST 0.10 RM-3 OF LT 32 48 377500000350 JASMIN LT 35 515 18th ST 0.07 RM-3 49 377500000360 JASMIN LT 36 517 18th ST 0.07 RM-3 50 377500000370 JASMIN LT 37& PT LT 38 519 18th ST 0.13 RS-6 51 462500070060 LUTER PART LT 6 BK 7 2022 MARY 0.05 RM-3 52&53 462500070100 LUTER PARTITION BLK 7 2028 MARY 0.16 RM-3 LOTS 8 THRU 10 City of Corpus Christi 3 of 8 54 462500070110 BK TER PART LTS 11 AND 12 2034 MARY 0.11 RM-3 55 573600050010 NEYLAND COL MEX LTS 1 & 508 18th ST 0.12 RM-3 2BK5 56 462500050020 H E LUTER PART LT 2 BK 5 502 18th ST 0.16 RM-3 IH Map 2: Neighborhood Zoning IL s City of Corpus Christi,TX 43 IL ON e.lte sl l0 404 Ma 9 8 39 44 i OB 37—45Rdl 5E 286 36 4fi' 15 19 13 I> 09 0]O6 OS 6A C3 O] 35`AN 55 INS 34 M 3b6 33 X1991• 53 SI 3132 49� 14r� s0 30 01 9 15 IB 20 21 RM-3 22 24 25 2'v 2]� 29 23 29 CI lw ol—A e CI -' RM 3 6 . CN-1 f.lnsolvina�t �ON o. 250 is,CaAtr hot"rs T-m P k 'dVldli-e. rid nStree N p M--it CONANPCSri_ ■■ q'j-!,��.Graph. -;Al FT./NAS LS()5.:°A NFS USCsr— i�_a_a� - Fr i.:ISA City of Corpus Christi 4 of 8 Map 3: Neighborhood Amenities w 1 City of Corpus Christi, TX r. yr & 1 High.Schncrl � i ii � l8 �: �r �' NueC2S c Par s Courthouse _ aria Elementary Blucher a. Gym o kyr Paorr r (i r.iargie'rlte •h�ild ; ;7 Gareia P r Sr:.+ Development Center Garcia Arts&Educatio enter Former Lamar Corpus •hristi •licehletic =1e entary L-a - LP AN IORGAN Za y `H-adtart . a „., a Joe Garza Rec •ent-r Garcia Famiiy Health Center, D o 0 0.5 M i Pes O Nearby Neighborhood Assets ✓ Adjacent CCRTA Bus Stops on 191h St. (Route 21—Arboleda) ✓ Adjacent Premier High School (Charter School) ✓ Adjacent St. Joseph's Catholic Church ✓ Antonio E. Garcia Arts & Education Center (5-minute walk) ✓ Antonio E. Garcia Park (5-minute walk) ✓ Marguerite Child Development Center (5-minute walk) ✓ Dr. Hector P. Garcia Memorial Family Health Center (10-minute walk) ✓ Neighborhood-serving commercial establishments along Agnes Street, S. Port Avenue, and Morgan Avenue (5 to 10-minute walk) Within a 20-minute walk: ✓ Ben Garza Park and Gymnasium: 15-minute walk, 5-minute bicycle ride ✓ Zavala Head Start: 15-minute walk, 5-minute bicycle ride ✓ Zavala Elementary School: 20-minute walk, 5-minute bicycle ride ✓ Zavala Senior Center: 20-minute walk, 5-minute bicycle ride City of Corpus Christi 5 of 8 ✓ Joe Garza Community Park and Recreation Center: 20-minute walk, 5-minute bicycle ride Within a 30-minute walk: ✓ George Evans Elementary School: 25-minute walk, 10-minute bicycle ride ✓ Driscoll Middle School: 35-minute walk, 10-minute bicycle ride ✓ Roy Miller High School: 25-minute walk, 10-minute bicycle ride ✓ City Hall: 25-minute walk, 10-minute bicycle ride Utilities All utilities are available within the area, the Corpus Christi Water (CCW) department is currently evaluating the existing system to identify any needed upgrades. Land Use/Right-of-Way/Public Utility Improvements The city will work with selected project sponsor/s on needed rezoning and zoning regulation adjustments, right-of-way closures, public utility improvements, and/or land costs to accommodate proposed project/s that meet the city's housing affordability and infill needs. Any city accommodations must align with commensurate public benefits, focused primarily on meeting local housing affordability and neighborhood stabilization needs. Area Demographics The Former Lamar Elementary School site and neighborhood lots are located within Nueces County's Census Tract 10. Below are select demographic and housing characteristics within this Census Tract. 2020 Decennial Census (Redistricting File) • Population: 2,751 • Hispanic or Latino: 2,391 • Households/Occupied Housing Units: 992 • Vacant Housing Units: 242 • Group Quarters Population: 85 (nursing/skilled nursing facility residents) 2021 American Community Survey (5-year Estimates) • Median Age: 34 years • Educational Attainment of Population age 25 and older: o Less than high school graduate: 42.5% o High school graduate (includes equivalency): 30.5% o Some college or associate's degree: 24.8% o Bachelor's degree: 1.6% o Graduate or professional degree: 0.6% • Average Household Size: 2.8 persons per household • Median Household Income: $22,220 • Household Tenure: 45% owner-occupied, 55% renter-occupied City of Corpus Christi 6 of 8 • Housing Characteristics: 78% 1-unit structures, 20% 2-or-more unit structures, 2% mobile homes and all other types of units. Affordable and Low-Income Housing Subsidies and incentives may be available for developments that include affordable and low- income housing. Subsidies and incentives are offered based on a variety of factors, including project scope, funding sources, and local, State, and Federal restrictions. SECTION II. LETTER OF INTEREST SUBMISSION Proposers must submit a Letter of Interest addressed to the Planning and Community Development Department located on the second floor of City Hall at 1201 Leopard Street Corpus Christi, Texas, 78401. Within the Letter of Interest, the proposer should provide the following information. Description of Entity and Experience — A description of the entity submitting the Letter of Interest must include, if not an individual, the name of all partners, corporate name(s), and dba(s) if applicable, and the pertinent address and telephone number, names and addresses of all investors, shareholders, and officers of the corporation. The description submitted by the purchaser/developer shall also provide the following information: ■ A clear statement of the purchaser/developer's interest in purchasing and redeveloping the space with potential ideas for its reuse —with specific lots identified. ■ A clear statement of the purchaser/developer's experience in purchasing and redeveloping space. ■ Experience (if any) working with the public sector. ■ Experience (if any) with delivering infill and or affordable housing products. ■ The estimated timeline for development from the date of acquisition. Submission of Letter of Interest Letters of Interest are due at the City of Corpus Christi Department of Planning and Community Development, City Hall, Corpus Christi, Texas 78401 no later than 5 pm on September 11, 2023. Inquiries Any inquiries related to this RFI must be submitted in writing, no later than five (5) days before the RFI deadline, to: Daniel McGinn Director of Planning and Community Development City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Email: Danielmc@cctexas.com Phone: (361) 826-1614 City of Corpus Christi 7 of 8 SECTION III. REVIEW OF LETTERS OF INTEREST Letters of Interest will be evaluated on a combination of the following: project or proposal ideas; experience, particularly regarding infill housing and affordable housing, supportive housing, and neighborhood investment projects; professional qualifications and expertise on similar housing and infill projects; approach to the planning/permitting process; and the ability to bring projects to a timely and successful conclusion. All Letters of Interest will be reviewed by representatives from the City Manager's Office. As this is a Request for Interest only, this Request may lead to one of the following outcomes: ■ A request for additional information from one or more respondents; ■ The issuance of a Request for Proposals (RFP) to one or more responders chosen as part of this Request; ■ The issuance of an RFP opened to all potential development teams; ■ Direct negotiations for sale/lease and redevelopment of the property with a development team selected as a result of this Request; ■ Termination of this process without selection of a development team or issuance of an RFP. Terms of this Request: this Request is not a request for competitive proposals and in no way obligates the City to enter into a relationship with any entity that responds, or limits or restricts the City's right to enter into a relationship with an entity that does not respond. In its sole discretion, the City may pursue discussion with one or more entities responding to this Request or none at all. City of Corpus Christi 8 of 8 Former Lamar Elementary School Site Ordinance Authorizing Sale and Conveyance to TG 110,Inc. Council Presentation December 5, 2023 ���Pus cHR� i 4 i O k Site Location J y ]85� etVPARD�ST ' "" T HEA D W ENC _UO� viii.= f o- s 2 Q 0 ti r � .�� iii � -�t Act _ e' . �'�'rSr� ', '• - _i ., a I {� . 1dni, terrpt Z =" ar i .. �-uR� rti � ..•. O U G asr' s P ��7C��nf��r MORGA MORGAN■AVE�■ � M III,. Site Location Marg ueri te 5[ _ 11 X43 t4zw —tql 1 - �fi Le St �i 10 e4o� Mac X39 qq t38� �3J.►145� i, y6 286 ' ■�'��,� t36�46� 14 13 12 0■9 D7 O6 OS 04 03 02 _t35`q7� 55 15 � .�. ■Di� I t34� . � 28fi �53 52 51 V Mar -[ rt32�49�� sa�� � o Mary t e 30 3 01 IJ,19� Ib 18 20,21 EO 0 250 SO�leet i oleman a 206 3 GNW__0)'F'1 Background • City gifted property from the Ed Rachal Foundation in May 2023. • Request For Interest (RFI) process initiated with the goal of redeveloping and stabilizing the neighborhood. • September Deadline — 5 applications received (1 multifamily and 4 single family developers) • Multifamily developer interested in former school location, adjacent ROW, and eight single-family lots • Remaining lots are still under review with the four single family developers/builders (future contracts will be presented to City Council). Contract Terms • Proposed Buyer TG 110, Inc. • Option Agreement Period valid until March 31, 2025. • Payment of $10 - property valued at $510k Per appraisal • Requires that they are awarded a housing tax credit from the Texas Department of Housing and Community Affairs for the sale to be finalized. • TG 110, Inc. will maintain property for duration of option period. City: • Process ROW closure of Mary Street between 19th and 20th Streets. • Initiate Zoning change • Provide letter of support for Tax Credit application Questions ? so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Internet and Phone Services Redundancy Between City Hall and the Police Department CAPTION: Motion authorizing execution of a three-year service agreement with U.S. TelePacific Corp, dba TPx Communications, of Austin, for $206,150.00 for internet circuit services, with FY 2024 funding of $57,455.50 from the Information Technology Fund. SUMMARY: This motion authorizes a three-year service agreement for internet circuit services with U.S. TelePacific Corp, dba TPx Communications. BACKGROUND AND FINDINGS: In today's fast-paced and interconnected world, uninterrupted communication and reliable internet access are crucial for the smooth functioning of city services. Currently, the city has independent internet circuits at City Hall and the Police Department. Establishing redundancy between these circuits would provide reliable connectivity of services in the event of a failure or outage. This redundancy is crucial for disaster recovery, enabling quick restoration of communication channels during unforeseen events. It also enhances business continuity, allowing operations to continue even during network disruptions. Overall, implementing redundancy for internet and phone services is a proactive measure that ensures the city remains resilient and well-equipped to handle any challenges that may arise. PROCUREMENT DETAIL: This agreement was procured as a sole source. U.S. TelePacific Corp, dba TPx Communications is providing the internet and phone services redundancy, so it is necessary to continue with the current vendor for the three-year term to obtain the best cost to the City. ALTERNATIVES: The alternative would be to continue with services as they exist today. Currently, if the internet service to City Hall is interrupted, City Hall internet and phones will not function. Likewise, if the internet service to the Police Department is interrupted, Police Department internet and phones will not function. FISCAL IMPACT: The fiscal year 2024 fiscal impact is $57,455.50, available in the Information Technology fund. Funding Detail: Fund: 5210 Organization/Activity: 40420 Department: 23 Project # (CIP Only): n/a Account: 530065 RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Quote: 624203/City of Corpus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 TF;), Quote/OrderID: 624203 Service Agreement City of Corpus Christi TPx Communications will provide Customer with the specified type and amount of Services at the rates,and terms and conditions listed below and on the Rate Schedule(s)that follow,and Customer shall accept and pay for Services under the Terms and Conditions to which Customer agreed on the Telecommunications Account Agreement(TAA)/Master Service Agreement(MSA)and any related Addendums that follow that govern this Service Agreement.For any Access,MSx,and/or UCx Service listed below that is being added to Services currently provided to Customer at the below referenced Service Location,a new Service Term(as provided in the Term Length below)shall apply to any such Service. Federal,State and Local Taxes and Other Charges will be applied in accordance with the definitions stated at www.tpx.com/rates. The term for service(s)being ordered is 36 months.("Term') Customer Requested Due Date: 10/31/2023 RS ID Title Address Non- Recurring Recurring 1097257120 N CHAPARRAL ST,CORPUS CHRISTI 120 N Chaparral St,Corpus Christi,TX $7,250.00 $2,825.00 TX 78401-2802 10972581201 LEOPARD ST,CORPUS CHRISTI TX 1201 Leopard St,Corpus Christi,TX 78401-2120$0.00 $2,700.00 Totals $7,250.00 $5,525.00 Equipment Addendum-Single Payment Purchase,Rental and/or Customer Provided Equipment set for at www.tpx.com/Equipment-Addendum.pdf MSx Service Addendum set forth at www.tpx.com/MSx-Service.pdf Additional Terms: Fixed Pricing for Initial Term:TPx shall not increase the monthly recurring charge for Services provided to Customer during the Initial Term Agreed by: Customer Signature Date Customer Name(Print) Title Lisa Wiegert 972-865-7406 Sales R res tativ Name Phone �ocuigne�by: � l�wun 11/29/2023 Agree 13cRepresentative Signature Date X052920 Approved b57-aCega6 AKM 1 of 6 11/27/2023, 12:56 PM Quote: 624203/City of Comus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 2 of 6 11/27/2023, 12:56 PM Quote: 624203/City of Corpus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 TR. Rate Schedule#1097257 Quote ID:624203 120 N CHAPARRAL ST,CORPUS CHRISTI TX 1112712023 City of Corpus Christi Good through:12/27/2023 Address:120 N Chaparral St,Corpus Christi,TX 78401-2802 The term for Service(s)being ordered is 36 months("Term"). MSE WAN(Install) POE Code:Not Specified Description Qty Each Usage Type NRC MRC MSx WAN Optimum 1 $0.00 - MSx - $0.00 Multi Services Router 1 $7,250.00 - xNet $7,250.00 2000 Inbound Internet Failover-Block of 16 1 $50.00 - MSx - $50.00 (13 usable) Inbound Internet Failover-Block of 256 1 $0.00 - MSx - $0.00 (253 usable) Inbound Internet Failover-Non 1 $0.00 - xNet $0.00 - Recurring Charge MSx WAN-Optimum 1 $565.00 - MSx - $565.00 2000M ....MSR-Prof..._ 1 ....$0.00 __... _.MSx $0.00 Installation Related Voice 1 $0.00 - MSx - $0.00 Service TPx Provided DIA 1 ....$0.00 .....MSx $0.00 ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... $7,250.00 $615.00.. Internet Services-HSIA(Install) Description Qty Each Usage Type NRC MRC HSIA 2 x 2 Gbps(ICB Code: 1 $2,210.00 xNet $2,210.00 KB CD) $0.00 $2,210.00 3 of 6 11/27/2023, 12:56 PM Quote: 624203/City of Corpus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 TR. Rate Schedule#1097258 Quote ID:624203 1201 LEOPARD ST,CORPUS CHRISTI TX 1112712023 City of Corpus Christi Good through:12/27/2023 Address:1201 Leopard St,Corpus Christi,TX 78401-2120 The term for Service(s)being ordered is 36 months("Term"). MSx WAN/2132719SDWAN(Renewal as is) Description Qty Each Usage Type NRC MRC MSx WAN Service 1 $0.00 - MSx - $0.00 Inbound Internet Failover-Block of 16(13 1 $50.00 - MSx - $50.00 usable) Inbound Internet Failover-Block of 256(253 1 $0.00 - MSx - $0.00 usable) MSx WAN Optimum 1 $0.00 - MSx - $0.00 MSx WAN-Optimum 2000M 1 $565.00 - MSx - $565.00 SmartVoice-Related Voice Service 1 $0.00 - MSx - $0.00 TPx Provided DIA 1 $0.00 - MSx - $0.00 $0.00 $615.00 Internet Services-HSIA(Install) Description Qty Each Usage Type NRC MRC HSIA 2 x 2 Gbps(ICB Code: 1 $2,085.00 xNet $2,085.00 XF CD) $0.00 $2,085.00 4 of 6 11/27/2023, 12:56 PM Quote: 624203/City of Comus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 TRS. Master Service Agreement Must include Service Agreement This Master Service Agreement("Master Service Agreement")is made by and between U.S.TelePacific Corp.d/b/a TPx Communications and/or its affiliated companies("TPx"),and the Customer described below("Customer'). Section 1 Customer Information City of Corpus Christi Company Legal Name(Individual if Sole Proprietorship) 1201 Leopard St Corpus Christi,TX 78401 Billing Address Section 2 Acceptance The parties have agreed to the Terms and Conditions Attachment and each addendum identified and linked below(each an"Addendum" and collectively the"Addenda'). Each reference to an"Addendum'includes all attachments,exhibits,and schedules incorporated into such Addendum. The Master Service Agreement and all Addenda(whether incorporated herein as of the effective date of this Master Service Agreement or thereafter)are referred to as the"Agreement'. The Agreement also includes one or more Service Agreements entered into by the Customer and TPx. "Service Agreement"means a service agreement entered into between TPx and Customer that incorporates by reference this Master Service Agreement and specifies services and products to be provided by TPx pursuant to this Master Service Agreement,the Terms and Conditions Attachment and the Addenda applicable to such Services. The Service Agreement will specify the charges to the services and products provided thereunder, the initial term of the Service Agreement,service location(s)and other information applicable only to the Services provided pursuant to such Service Agreement. BY SIGNING BELOW,YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREED TO THE FOLLOWING ON THE DATE ENTERED BY YOU BELOW: TPx Terms and Conditions set forth at www.tpx.com/terms Service Level Agreements(SLA)set forth at www.tpx.com/sla Equipment Addendum-Single Payment Purchase,Rental and/or Customer Provided Equipment set for at www.tpx.com/Equipment- Addendum.pdf MSx Service Addendum set forth at www.tpx.com/MSx-Service.pdf Additionally by signing below,the person signing on behalf of Customer(i)personally represents and warrants to TPx that he or she has the authority and power to sign on behalf of Customer and bind Customer to this Agreement,including the Addenda incorporated by reference below,(ii)consents to receiving electronic communications from TPx via the email address provided in Section 1 of this Agreement and(iii)acknowledges that he or she has reviewed and agreed to each Addendum hereto. THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH REQUIRES THE BINDING ARBITRATION OF DISPUTES AND WAIVES RIGHTS TO JURY TRIALS AND CLASS ACTIONS. This Agreement will become a binding contract upon execution by Customer and TPx. ELECTRONIC CONTRACTING AND SIGNATURE ACKNOWLEDGMENT. To the extent that Customer executes this Agreement electronically,Customer agrees that(i)the Agreement(including all Addenda)is an electronic contract executed by Customer using Customer's electronic signature, (ii) Customer's electronic signature signifies Customer's intent to enter into the Agreement (including all Addenda) and that the Agreement (including all Addenda) be legally valid and enforceable in accordance with its terms to the same extent as if Customer had executed the Agreement using its written signature and(iii)the authoritative copy of the Agreement("Authoritative Copy")shall be that electronic copy that resides in a document management system designated by TPx for the storage of authoritative copies of electronic records,which shall be deemed held by TPx in the ordinary course of business. Notwithstanding the foregoing, if the Authoritative Copy is converted by printing a paper copy which is marked by TPx as the original(the"Paper Contract"),then Customer acknowledges and agrees that(1)Customer's signing of the Agreement with Customer's electronic signature also constitutes issuance and delivery of such Paper Contract,(2) Customer's electronic signature associated with the Agreement,when affixed to the Paper Contract, constitutes Customer's legally valid and binding signature on the Paper Contract and(3)subsequent to such conversion,Customer's obligations will be evidenced by the Paper Contract alone. X Agreed by: Customer Signature Date ct$ NjN$—WArt 9 -865-7406 Sales Representative Name Phone v052920 5 of 6 11/27/2023, 12:56 PM Quote: 624203/City of Comus Christi-Dash https:Hdash.tpx.com/ribeye/service/file?id=2107524&deleteAfterServi... DocuSign Envelope ID:A271AF23-D594-4842-8BE3-19CDF665CBB7 TR91" Equipment Deposit Invoice 11/27/2023 Quote Number:624203 Invoice Number:624203A Customer: City of Corpus Christi 1201 Leopard St Corpus Christi,TX 78401 Amount Due(50%):$3,625.00 1. Shipping and Handling costs for equipment purchased are not included in this invoice and will be invoiced after installation. 2. Taxes if applicable will be applied and included on final invoice. 3.Invoice represents approximately fifty percent(50%)of the equipment purchase.Remaining balance to be paid upon project completion and customer acceptance. Please send payment to: TPx Communications 3300 N.Cimarron Road Las Vegas,NV 89129 Attn: Accounts Receivable Unopened Manufacturer Sealed Product may be returned within 30 Days Please refer to quote number in upper right corner when making payment 6 of 6 11/27/2023, 12:56 PM City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Internet Circuit Services Sole Source U.S. TelePacific Corp, dba TPx Communications Austin, TX Item Description Qty (Months) Cost Total 1 1201 Leopard St. Services 36 $2,700.00 $97,200.00 2 1201 N. Chaparral Services 36 $2,825.00 $101,700.00 Total for Services $198,900.00 3 Purchase of Router 2000 1 $7,250.00 $7,250.00 Grand Total $206,150.00 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Brett Van Hazel, Director of Asset Management B rettvh(u-)cctexas.com (361) 826-3273 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Combined 70 Vehicles and Equipment Procurement CAPTION: Resolution authorizing the acquisition of 70 vehicles and equipment by various departments, of which 64 units will be outright purchases and six units will be lease-purchases through JPMorgan, for $6,103,079.31 , with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2024 funding of $3,889,322.63 and the remaining balance of $2,213,756.68 for the lease-purchase items to be funded through the annual budget process. SUMMARY: Resolution authorizes the acquisition of a total of 70 vehicles and equipment by various departments. All 70 units will be purchased through BuyBoard, Sourcewell, and TIPS Cooperatives with 64 units to be outright purchases and six units to be lease purchases. BACKGROUND AND FINDINGS: The Public Works Department-Streets Division is authorized to acquire by lease- purchase one Ford F550 regular cab bucket truck from Silsbee Ford ("Silsbee"), in Silsbee, Texas, for $192,291 .10, with $28,843.65 from the FY 2024 Streets Maintenance Fund and acquired through the TIPS Cooperative ("TIPS"). The Solid Waste Department is authorized to acquire by lease-purchase (i) one Genie S60J boom lift from Briggs Equipment ("Briggs") in San Antonio for$152,266.15, with $23,443.74 from the FY 2024 General Fund-, and (ii) four Peterbilt 520 automatic side loader trucks with LaBrie bodies from Rush Truck Centers of Texas ("Rush") in Houston, for a total amount of $2,260,572.71 , with $339,085.89 from the FY 2024 General Fund and acquired through the BuyBoard Cooperative ("BuyBoard"). The Aviation Department is authorized to acquire by purchase one Ford Maverick Hybrid truck from Silsbee for $34,823.84, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. Corpus Christi Water is authorized to acquire by purchase (i) one Mitsubishi FD70HP2 forklift from Equipment Depot Texas, Inc., for $114,292.75; (ii) two Chevrolet Express cargo vans from Lake Country Chevrolet ("Lake Country"), in Jasper, Texas, for a total amount of $102,527.16; (iii) two Toyota Rav 4 SUV's from Silsbee for a total amount of $69,305.50; (iv) five Ford Maverick trucks from Silsbee for a total amount of $171,421 .35; (v) one Hyster H60A forklift from Briggs for $58,478.20; and (vi) two Chevrolet 2500 extended cab service body trucks from Lake Country for a total amount of $143,048.96, for a combined total amount of $659,073.92 from the FY 2024 Fleet Equipment Replacement Fund. As identified in this section, item (i) is to be acquired through the Sourcewell Cooperative ("Sourcewell"); items (ii), (iii), (iv), and (vi) acquired through TIPS; and item (v) acquired through BuyBoard. The Development Services Department is authorized to acquire by purchase one Toyota RAV4 Hybrid SUV from Silsbee for $38,829.69, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. The Engineering Services Department is authorized to acquire by purchase five Ford F150 extended cab trucks from Silsbee for a total amount of$231 ,155.60, with funding of $139,623.80 from the FY 2024 Fleet Equipment Replacement Fund and $91,531 .80 from the Engineering Fund, and acquired through TIPS. The Corpus Christi Fire Department is authorized to acquire by purchase five Ford F150 Responder red trucks from Silsbee for a total amount of $380,177.90, with $76,035.58 from the FY 2024 Fleet Equipment Replacement Fund and $304,142.32 from the FY 2024 General Fund, and acquired through TIPS. The Parks and Recreation Department is authorized to acquire by purchase one F150 extended cab truck from Silsbee for $45,765.90, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. The Corpus Christi Police Department is authorized to acquire by purchase (i) 30 Ford F150 Responder black and white trucks for a total amount of $1 ,731 ,117.30; (ii) five Ford F150 Responder all-black trucks for a total amount of $283,019.55; and (iii) three Ford Escape SUV's for a total amount of $93,985.65, and funded as follows: $461 ,631 .28 from the FY2024 Crime Control Fund, $1 ,091 ,974.29 from the Fleet Equipment Replacement Fund, $345,123.46 from the General Fund, and $209,393.47 from the Law Enforcement Trust—State Fund, for a combined total of$2,108,122.50. All items identified in this section are to be acquired from Silsbee through TIPS. PROCUREMENT DETAIL: The procurement is through the BuyBoard, Sourcewell, and TIPS Cooperatives. Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Procurement staff have modified their business practices and taken a pro-active approach to our vehicle procurement process and used all resources available to ensure vehicles and equipment can be sourced and delivered in a timely manner using economically favorable methods. The FY 2024 budget includes 236 new and replacement vehicles and equipment. The approval of this item represents a total of 30% units procured to date for FY 2024. ALTERNATIVES: The alternative would be to continue using current units that are beyond their expected service lives. This would increase the cost of repairs and lose of productive man-hours due to more frequent maintenance issues. FISCAL IMPACT: The FY 2024 fiscal impact of these purchase totals $3,889,322.63 funded by various department funds. The remaining balance of $2,213,756.68 for the lease purchase items will be funded through the annual budget process. The interest rate for the lease purchased items is 5% for a total cost of $300,780.03 and a term of 60 months. FUNDING DETAIL: Various RECOMMENDATION: Staff recommends approval of this item as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit 1 Spreadsheet Exhibit 2 Spreadsheet Resolution authorizing the acquisition of 70 vehicles and equipment by various departments, of which 64 units will be outright purchases and six units will be lease-purchases through JPMorgan, for $6,103,079.31, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2024 funding of $3,889,322.63 and the remaining balance of $2,213,756.68 for the lease-purchase items to be funded through the annual budget process. WHEREAS, various City departments need to acquire both new and replacement fleet vehicles via direct purchase and lease-purchase; and WHEREAS, such acquisitions are to be sourced through BuyBoard, Sourcewell, and TIPS Cooperative, as specified, at the amounts stated and from the funding accounts identified in this resolution. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of these procurements. Section 2. The Public Works Department—Streets Division is authorized to acquire by lease- purchase one Ford F550 regular cab bucket truck from Silsbee Ford ("Silsbee"), in Silsbee, Texas, for $192,291.10, with $28,843.65 from the FY 2024 Streets Maintenance Fund and acquired through the TIPS Cooperative ("TIPS"). Section 3. The Solid Waste Department is authorized to acquire by lease-purchase (i) one Genie S60J boom lift from Briggs Equipment ("Briggs") in San Antonio for$152,266.15, with $23,443.74 from the FY 2024 General Fund; and (ii)four Peterbilt 520 automatic side loader trucks with LaBrie bodies from Rush Truck Centers of Texas ("Rush") in Houston, for a total amount of $2,260,572.71 , with $339,085.89 from the FY 2024 General Fund and acquired through the BuyBoard Cooperative ("BuyBoard"). Section 4. The Aviation Department is authorized to acquire by purchase one Ford Maverick Hybrid truck from Silsbee for $34,823.84, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. Section 5. Corpus Christi Water is authorized to acquire by purchase (i) one Mitsubishi FD70HP2 forklift from Equipment Depot Texas, Inc., for$114,292.75; (ii) two Chevrolet Express cargo vans from Lake Country Chevrolet ("Lake Country"), in Jasper, Texas, for a total amount of $102,527.16; (iii) two Toyota Rav 4 SUV's from Silsbee for a total amount of $69,305.50; (iv) five Ford Maverick trucks from Silsbee for a total amount of $171 ,421 .35; (v) one Hyster H60A forklift from Briggs for $58,478.20; and (vi) two Chevrolet 2500 extended cab service body trucks from Lake Country for a total amount of$143,048.96, for a combined total amount of$659,073.92 from the FY 2024 Fleet Equipment Replacement Fund. As identified in this section, item (i) is to be acquired through the Sourcewell Cooperative ("Sourcewell"); items (ii), (iii), (iv), and (vi) acquired through TIPS; and item (v) acquired through BuyBoard. Page 1 of 2 Section 6. The Development Services Department is authorized to acquire by purchase one Toyota RAV4 Hybrid SUV from Silsbee for $38,829.69, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. Section 7. The Engineering Services Department is authorized to acquire by purchase five Ford F150 extended cab trucks from Silsbee for a total amount of $231 ,155.60, with funding of $139,623.80 from the FY 2024 Fleet Equipment Replacement Fund and $91 ,531.80 from the Engineering Fund, and acquired through TIPS. Section 8. The Corpus Christi Fire Department is authorized to acquire by purchase five Ford F150 Responder red trucks from Silsbee for a total amount of$380,177.90, with $76,035.58 from the FY 2024 Fleet Equipment Replacement Fund and $304,142.32 from the FY 2024 General Fund, and acquired through TIPS. Section 9. The Parks and Recreation Department is authorized to acquire by purchase one F150 extended cab truck from Silsbee for $45,765.90, with funding from the FY 2024 Fleet Equipment Replacement Fund and acquired through TIPS. Section 10. The Corpus Christi Police Department is authorized to acquire by purchase (i) 30 Ford F150 Responder black and white trucks for a total amount of $1 ,731 ,117.30; (ii) five Ford F150 Responder all-black trucks for a total amount of $283,019.55; and (iii) three Ford Escape SUV's for a total amount of $93,985.65, and funded as follows: $461 ,631 .28 from the FY2024 Crime Control Fund, $1 ,091 ,974.29 from the Fleet Equipment Replacement Fund, $345,123.46 from the General Fund, and $209,393.47 from the Law Enforcement Trust—State Fund, for a combined total of$2,108,122.50. All items identified in this section are to be acquired from Silsbee through TIPS. Section 11. Contingent funding of 10% has been included in the amounts stated in Sections 2 through 10 and is authorized to be expended pursuant to this resolution due to the ongoing volatility of market conditions and current supply chain issues, with such contingent funding to be accessed only on an as-needed basis per individual item purchased. Section 12. The City Manager, or his designee, is authorized to execute all documents necessary to acquire the vehicles and equipment enumerated in this resolution for a total estimated amount of $6,103,079.31 and in the manner, from the fund accounts, and through the purchasing cooperatives, as applicable, that are identified in the previous sections of this resolution. PASSED AND APPROVED on the day of , 2023 ATTEST: CITY OF CORPUS CHRISTI Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 Exhibit 1 70 Vehicles and Equipment Type of Coop Description Dept Quantity Vendor Name Cort Funding R-son Procurement G ENI E S60J BOO M u FT 1 Addition IT—,Purch— Buy Eoard FY24SW32 ADDITION Solid Waste 1 Briggs Equipment 152,266.15 General Fund Purch— Buy—rd 6k Hyster Forklift cc Water 1 B-iggs Equipment 58,47820 Feet Equipment Replacement Fund 1Repl--t Purch— Sou--Il M itubishi FD70HP2 Forklift CC Water 1 Equipment Depot LTD 114,292.75 Feet Equipment Replacement Fund 1Repl--t Chevrolet Trudksand Cargo 4 Replacement Purch— TIPS Vans cc Water 4 Lake Country Chevrolet 245,576.12 Feet Equipment Replacement Fund Peterbilt Automated Side IT—,Purchare Buy Eoard Loaders ISolid Waste 1 4 Rush Truck Centers of-4 2,260,572.71 IGeneral Fund 4Replacement Ford F550 Reg Cab Budket lAddition IT—,Purch— TIPS Truck Public Works 1 Silsbee Fortret Ford 192,291.10 SeFund Airport,CC Water, Engineering,Fre,Parks& 48 Replacement JAddihon= Purch— TIPS Ford UghtTrucks and S— R,Police 55 Silsbee Ford 2,971,467.09 Various CC Water,Development 3 Replacement Purch— TIPS Toyota R-4 SUVs Services 3 Silsbee Toyota 108,135.19 Feet Equipment Replacement Fund Total 70 6,103,079.31 Exhibit 2 Combined 70 Vehicles and Equipment Lease Purchase ith l,te,e,t -act FY 2024 Public Works Streets Fund 1041-12310-33 530190 FY24LPSTR7;F550 REGULAR CAB BUCKET TRUCK 1 0 1 EA 192,291.10 192,291.10 28,843.65 Solid Waste General Fund 1020-12504-31 530190 GENIE S60J BOOM LIFT FY24SW32 ADDITION 1 0 1 EA 152,266.15 152,266.15 23,443.74 Solid Waste General Fund 1020-12510-31 530190 PETERBILT 520 Automated Side Loader W/LABRIE BODY 0 4 4 EA 565,143.18 2,260,572.71 339,085.89 Lease Purchase Total 2 4 6 2,605,129.96 391,373.28 Purchase Airport Fleet Equipment Replacement Fund 5111-35000-13 550020 FY24AIR1;FORD MAVERICK HYBRID PICKUP 0 1 1 EA 34,823.84 34,823.84 34,823.84 Airport Total 0 1 1 34,823.84 34,823.84 CC Water Fleet Equipment Replacement Fund 5111-31502-13 550020 FY24WTR6;MITSUBISHI FD70HP215,000 LBS.capacity FORKLIFT 0 1 1 EA 114,292.75 114,292.75 114,292.75 CC Water Fleet Equipment Replacement Fund 5111-33000-13 550020 FY24WW17-18,CHEVROLET EXPRESS CARGO VAN W/ELECTRICIAN PACKAGE 0 2 2 EA 51,263.58 102,527.16 102,527.16 CC Water Fleet Equipment Replacement Fund 5111-31502-13 550020 FY24WTR16-17;TOYOTA RAV4 SUV 0 2 2 EA 34,652.75 69,305.50 69,305.50 CC Water Fleet Equipment Replacement Fund 5111-31502-13 550020 FY24WTR35,36,39-41;FORD MAVERICK PICKUP 0 5 5 EA 34,284.27 171,421.35 171,421.35 CC Water Fleet Equipment Replacement Fund 5111-31502-13 550020 FY24WTR14;6,000 pound lift capacity HYSTER FORKLIFT H6 0 1 1 EA 58,478.20 58,478.20 58,478.20 CC Water Fleet Equipment Replacement Fund 5111-33000-13 550020 FY24W W34-35;CHEVROLET 2500 EXTENDED CAB SERVICE BODY TRUCK 0 2 2 EA 71,524.48 143,048.96 143,048.96 CC Water Total 0 13 13 659,073.92 659,073.92 Development Sei Fleet Equipment Replacement Fund 5111-11500-13 550020 FY24DEVC1;TOYOTA RAV4 HYBRID SUV 0 1 1 EA 38,829.69 38,829.69 38,829.69 Development Services Total 0 1 1 38,829.69 38,829.69 Engineering Fleet Equipment Replacement Fund 5111-11190-13 550020 FY24ENG1-2;FORD F150 EXTENDED CAB PICKUP 0 2 2 EA 46,928.95 93,857.90 93,857.90 Engineering Fleet Equipment Replacement Fund 5111-11190-13 550020 FY24ENG3;FORD F150 EXTENDED CAB PICKUP 0 1 1 EA 45,765.90 45,765.90 45,765.90 Engineering Engineering Fund 5310-11190-58 550020 FY24ENG4-5;FORD F150 EXTENDED CAB PICKUP 2 0 2 EA 45,765.90 91,531.80 91,531.80 Engineering Total 2 3 5 231,155.60 231,155.60 Fire Fleet Equipment Replacement Fund 5111-12000-13 550020 FY24FD3-FORD F150 RESPONDER RED PICKUP 0 1 1 EA 76,035.58 76,035.58 76,035.58 Fire General Fund 1020-12010-10 550020 FY24FD4-7-FORD F150 RESPONDER RED PICKUP 0 4 4 EA 76,035.58 304,142.32 304,142.32 Fire Total 0 5 5 380,177.90 380,177.90 Parks&Recreati,Fleet Equipment Replacement Fund 5111-12910-13 550020 FY24PKS7-FORD F-150 EXTENDED CAB PICKUP 0 1 1 EA 45,765.90 45,765.90 45,765.90 Parks&Recreation Total 0 1 1 45,765.90 45,765.90 Police Crime Control 9010-11717-29 550020 FY24CC1-8-FORD F150 RESPONDER BLACK/WHITE PICKUP 0 8 8 EA 57,703.91 461,631.28 461,631.28 Police Fleet Equipment Replacement Fund 5111-11701-13 550020 FY24MU1-15-FORD F150 RESPONDER BLACK/WHITE PICKUP 0 15 15 EA 57,703.91 865,558.65 865,558.65 Police Fleet Equipment Replacement Fund 5111-11701-13 550020 FY24MU21-24-FORD F150 RESPONDER ALL BLACK PICKUP 0 4 4 EA 56,603.91 226,415.64 226,415.64 Police General Fund 1020-11740-29 550020 FY24MU16-20-FORD F150 RESPONDER BLACK/WHITE PICKUP 2 3 5 EA 57,703.91 288,519.55 288,519.55 Police General Fund 1020-11740-29 550020 FY24MU25-FORD F150 RESPONDER ALL BLACK PIKCUP 0 1 1 EA 56,603.91 56,603.91 56,603.91 Police Law Enforcement Trust-State 1074-0-29 55002082600 FY24MU26-27-Ford F150 Responder BLACK/WHITE PICKUP 0 2 2 EA 57,703.91 115,407.82 115,407.82 Police Law Enforcement Trust-State 1074-0-29 55002082600 FY24MU28-30-FORD ESCAPE SUV 3 0 3 EA 31,328.55 93,985.65 93,985.65 Police Total 5 33 38 2,108,122.50 2,108,122.50 Purchase Total 7 57 64 3,497,949.35 3,497,949.35 Grand Total 9 61 70 6,103,079.31 3,889,322.63 CITY OF CORPUS CHRISTI,TX Export Excel Print to PDF CIP AND GRANT PROJECT BY ACCOUNT September 30,2024 1074-LawEnforceTrust 826000S-Law Enforcement Trust-State 12/5/2023 7:53 Account Description Budget Expenditures Expenditures Commitments Encumbrances Unencumbered LTD LTD YTD Balance Expense Total 2,618,636.19 1,496,762.51 14,805.50 85,441.50 34,991.18 1,001,441.00 510100 Salaries and Wages 250,323.52 211,308.67 0.00 0.00 0.00 39,014.85 510300 Other Pay 2,148.48 0.00 0.00 0.00 0.00 2,148.48 511000 Retirement 69,540.76 55,928.97 0.00 0.00 0.00 13,611.79 513000 Group insurance benefits 32,170.03 22,181.32 0.00 0.00 0.00 9,988.71 513001 Other employee benefits 1,025.00 379.75 0.00 0.00 0.00 645.25 520090 Minor tools&equipment 1,072,151.64 766,658.45 9,320.79 0.00 0.00 305,493.19 520100 Minor computer equipment 32.67 32.67 0.00 0.00 0.00 0.00 520110 Minor office equipment 59,058.56 50,349.90 0.00 0.00 0.00 8,708.66 530000 Professional services 297,943.62 216,443.62 0.00 0.00 0.00 81,500.00 530160 Rentals 182,375.23 87,200.27 4,495.00 0.00 29,722.20 65,452.76 530250 Memberships,licenses&dues 3,985.00 3,985.00 0.00 0.00 0.00 0.00 540030 Interest&Bank Charges 9,999.43 6,898.88 989.71 0.00 -376.02 3,476.57 548120 Self Insurance Alloc 6,425.00 3,103.33 0.00 0.00 0.00 3,321.67 548500 Operating transfers out 50,000.00 0.00 0.00 0.00 0.00 50,000.00 550010 Buildings 29,165.57 0.00 0.00 0.00 0.00 29,165.57 550020 Vehicles&Machinery 552,291.68 72,291.68 0.00 85,441.50 5,645.00 388,913.50 1of1 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Addendum No. 12 for Laserfiche License and Support Maintenance CAPTION: Motion authorizing execution of Addendum No. 12 to the master service agreement with MCCi, LLC, of Tallahassee, Florida, for Laserfiche support, maintenance, and services for a three-year term and future auto-renewable terms possible, in an amount not to exceed $364,184.87, with FY 2024 funding of $115,522.56 from the Information Technology Fund. SUMMARY: This motion authorizes an addendum to the master service agreement with MCCi, LLC support, maintenance, and services for the Laserfiche system. The addendum is being procured through the Buyboard Cooperative at a savings of $36,418.49 per year to the City. BACKGROUND AND FINDINGS: The City of Corpus Christi initially purchased the Laserfiche system for the City Secretary's office. Through the years Laserfiche has expanded into the City's enterprise content management system used across city departments. Departments store documents critical to the business of the City in Laserfiche. The City utilizes electronic forms submission for Parks and Rec Special Events, HCD Housing Programs, Fire Department questionnaires, Magistration Forms and Utility Service Requests. Laserfiche also integrates with multiple records management systems to include Infor Financials, Municipal Court's Incode and Infor IPS systems. The City Secretary's office provides access to Public Records via the Laserfiche Weblink on the City's website. PROCUREMENT DETAIL: Information Technology in conjunction with the Procurement division of Finance examined other cooperative contracts and service offerings to find the most cost-effective option for the City. Contracts awarded through Cooperatives have been competitively procured in compliance with Texas Local and State procurement requirements. Prices were checked with the BuyBoard, DIR and NCPA cooperatives. BuyBoard returned the quote with the highest discount. Source Discount from MSRP DIR 5% NCPA 5% BuyBoard 10% This purchase has a 10.00% discount for a total cost savings of $36,418.49. ALTERNATIVES: An alternative would be not to have the licenses and support and risk the departments not being able to store important documentation. FISCAL IMPACT: The fiscal impact for the Information Technology Department for FY 2024 is an amount not to exceed $115,522.56. Funding Detail: Fund: 5210 Info Tech Organization/Activity: 40470 IT Application Services Project # (CIP Only): n/a Account: 520105 Computer Software RECOMMENDATION: Staff recommend approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Addendum No. 12 Price Sheet Master Service Agreement City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Laserfiche Quote BuyBoard 625-20 MCCi Tallahassee, FL Item Description Qty Cost Total 1 Year 1-Laserfiche Annual Software Support 1 $71 ,250.56 $71 ,250.56 2 Year 1-MCCi Software Support 1 $297.00 $297.00 3 Year 1-Laserfiche Annual Subscription-Basic 1 $18,050.00 $18,050.00 4 Year 1-Mcci Supplemental Support Services Subscri 1 $29,000.00 $29,000.00 5 MCO Recurring Discount -$3,075.00 Year 1 Total $115,522.56 6 Year 2-Software, Subscription Support Services 1 $121,298.69 $121,298.69 7 Year 3-Software, Subscription Support Services 1 $127,363.62 $127,363.62 3-Year Total 1 $364,184.87 ADDENDUM 12 TO MASTER SERVICES AGREEMENT 60351 Addendum 12 to Master Services Agreement 60351 ("Contract"), executed 12/03/2020, is dated by and between MCCi, LLC("MCCi") and City of Corpus Christi, TX ("Client.") MCCi and Client may be referred to individually as a "Party"or collectively as the"Parties." All capitalized terms not defined herein shall have the definitions attributed to them in the Contract. The Parties desire to amend the Contract as follows: The first paragraph of Section 4 is to be deleted and replaced with the following: This Addendum will commence on the Effective Date and will be effective for a three (3)year period and auto-renew for successive one (1)year periods thereafter unless terminated by a Party. Termination of this Agreement or any Order hereunder may occur upon any of the following: (a)Thirty(30) days after a Party's receipt of written notice from the other Party that this Agreement or the Services, in whole or in part under an Order, shall be terminated; or (b)Thirty(30) days after one Party notifies the other in writing that they are in breach or default of this Agreement, unless the breaching Party cures such breach or default within such thirty(30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either Party, any insolvency of a Party, any appointment of a receiver for such Party, or any assignment for the benefit of such Party's creditors (a "Bankruptcy Event"), unless such Party cures such Bankruptcy Event within the fifteen (15) day period. (d)The professional services budgeted through December 31, 2023 will not be renewed as part of this addendum All other terms remain unchanged. IN WITNESS WHEREOF, the Parties have caused this Addendum to be signed by their respective duly authorized representatives as of the date last written below: MCCi, LLC City of Corpus Christi, TX By: By: Name: Name: Title: Title: Date: Date: Approved By: Name: Title: Date: Address: 3717 Apalachee Parkway, Suite 201 Address: P.O. Box 9277 Tallahassee, FI 32311 Corpus Christi,TX 78469 MCCi I Addendum 12 to MSA 60351 Page 1 of 12 PRICING: LASERFICHE I'nCCi 3717 Apalachee Parkway, Suite 201 Bill to: Holly Houghton Tallahassee, FL 32311 holly@cctexas.com 850.701.0725 Ship to: Elizabeth Hundley 850.564.7496 fax elizabethh@cctexas.com cc AP Contact: itinvoice@cctexas.com: accountspayable@cctexas.com Client Name: City of Corpus Christi Quote Date: November 30, 2023 Client Address: PO Box 9277, Corpus Christi, TX 78469-9277 Quote Number: 29667 Quote Type: Laserfiche System Support BuyBoard BuyBoard BuyBoard Product Description: Qty Unit Cost #625-20 #625-20#625-20 #625-20 Annual Total Discount$ Unit Cost 910 LASERFICHE ANNUAL SOFTWARE SUPPORT - BASIC E. j Laserfiche Rio Records 316 $145.20 10.00% ($14.52) $130.68 $41,294.88 Management Edition Named Full User(200-499 Users) E. j Laserfiche Rio Forms 316 $13.20 10.00% ($1.32) $11.88 $3,754.08 Professional (200-499 Users) E. j Laserfiche Rio Public Portal 1 $10,000.00 10.00% ($1,000.00) $9,000.00 $9,000.00 license for 2 Laserfiche Rio Servers E. j Laserfiche Rio Forms Portal 2 $1,599.00 10.00% ($159.90) $1,439.10 $2,878.20 E. j Laserfiche Rio SDK 1 $750.00 10.00% ($75.00) $675.00 $675.00 E. j Laserfiche Rio Quick Fields 1 $3,000.00 10.00% ($300.00) $2,700.00 $2,700.00 Complete E. j Laserfiche Rio Quick Fields 1 $2,000.00 10.00% ($200.00) $1,800.00 $1,800.00 Agent E. j Laserfiche Rio Import Agent 1 $300.00 10.00% ($30.00) $270.00 $270.00 E. j Laserfiche Rio Plus for 1 $1,600.00 10.00% ($160.00) $1,440.00 $1,440.00 Publishing E. j Laserfiche Rio ScanConnect 1 $33.00 10.00% ($3.30) $29.70 $29.70 (Legacy) E. j Laserfiche Rio ScanConnect 5 1 $132.00 10.00% ($13.20) $118.80 $118.80 Pack(Legacy) E. j Laserfiche Rio ScanConnect 1 $183.00 10.00% ($18.30) $164.70 $164.70 10 Pack(Legacy) E. j Keyed Integrator's License - 40 $197.92 10.00% ($19.79) $178.13 $7,125.20 Accela Integration with LF Rio Laserfiche Annual Recurring Software Support Subtotal $71250.56 MCCi SOFTWARE SUPPORT MCCi I Addendum 12 to MSA 60351 Page 2 of 12 Q OCR Scheduler for Laserfiche 1 $330.00 10.00% ($33.00) $297.00 $297.00 MCCi Annual Recurring Software Support Subtotal $297.00 LASERFICHE ANNUAL SUBSCRIPTION - BASIC EJ Laserfiche Participant User 500 $38.00 5.00% ($1.90) $36.10 $18,050.00 Subscription (500-999 Users) Laserfiche Annual Recurring Subscription Subtotal $18,050.00 MCCi SUPPLEMENTAL SUPPORT SERVICES SUBSCRIPTION Q Managed Support Services, 1 $11,880.00 N/A N/A $11,880.00 $11,880.00 Level 2 Client needs are estimated based on the current components ,provided herein:up to 80 hours that will expire at the end of your renewal term. Q Training Center for 1 $6,995.00 N/A N/A N/A $6,995.00 Laserfiche(200-499 Users) On-Premise Q MCCi SLA for Laserfiche(250- 1 $11,250.00 10.00% ($1,125.00) $10,125.00 $10,125.00 499 Users) MCCi Supplemental Support Services Annual Recurring Subscription Subtotal $29,000.00 Q MCCi Recurring Discount TOTAL • • $115,522.56 $121298.69 $127,363.62 All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate Client's purchasing process. RECURRING SERVICES The Recurring Services portion of this Order will be based on the pricing at the time of renewal. It will systematically renew unless written notice of termination has been provided per the master agreement. In the event that a manufacturer increases its prices for recurring annual services, the increase will be passed along to the Client. No more than once per year, MCCi may adjust its recurring annual services (services not related to 3rd party manufacturers) to coincide with current U.S. inflation rates; any increase will not exceed the cumulative increase in the Consumer Price Index (CPI) occurring since the last price increase. Please note that if you subscribe to volume- based solutions,additional user licenses may increase the cost of those items atthe time of your next annual renewal. SALES TAX Sales tax will be invoiced where applicable and is not included in the fee quote above. MCCi I Addendum 12 to MSA 60351 Page 3 of 12 PRODUCT ORDER TERMS MCCi will process Product Orders as follows: Product/Service . . Order All Software/Solutions, Upon payment of renewal invoice Recurring Annual Support/Subscription, and Supplemental Support Services The act of MCCi processing orders determines the start date of annual Recurring Service periods. Establishment of start dates for 3rd party manufacturer products are subject to each manufacturer's current policy. BILLING TERMS MCCi will invoice Client as follows: Product/Service All Software/Solutions, 75 days in advance of expiration date Recurring Annual Support/Subscription, and Supplemental Support Services MCCi shall not send any invoices nor claim payment for any fees or expenses incurred by MCCi until both parties authorize this Order. Sales tax will be invoiced where applicable and is NOT included in the Pricing section. MCCi I Addendum 12 to MSA 60351 Page 4 of 12 SUPPLEMENTAL SUPPORT PACKAGES As Client's first-tier solution provider, MCCi provides multiple options for technical support. Client's annual renewal covers application break/fix support, version downloads, and continued educational resources. MCCi offers supplemental support packages to cover remote training, basic configuration services, and maintenance of existing business processes. MCCi's Managed Support Services (MMSS)or Process Administration Support Services(MPASS & MPASS2) packages are strongly encouraged to be included with every renewal. Supplemental Support Packages are annual subscriptions and pricing is based on the package purchased and an advanced discounted block of hours, which expire on the same date as Client's annual renewal. MMSS pricing for the advanced block of hours is based on MCCi's Support Technician II hourly rate discounted by 10%. MPASS and MPASS2 pricing for the advanced block of hours is based on MCCi's Application Support Analyst hourly rate discounted by 10%. LASERFICHE SupportMCCi's MCCi's Managed Process SupportServices Description M MSS M PASS M PASS2 Easy access to MCCi's team of Certified Technicians for application break/fix support issues(i.e., error codes, bug fixes, etc.)+ Remote access support through web conferencing service+ Access to product update version and hotfixes(Client Download)+ 24/7 access to the Laserfiche Support Site and Laserfiche Answers discussion forums+ Additional Remote Basic Training Additional System Settings Consultation Assistance with Implementation of Version Updates Annual Review(upon Client's request)of Administration Settings Priority Offering of Laserfiche CPPB&Laserfiche Empower Registration Scholarships Configuration and maintenance of basicbusiness processes and MCCi packaged solution utilizing Laserfiche Forms and Workflow Configuration of Laserfiche Quick Fields sessions Basic Records Management Module Overview Training Administration Configuration Services Dedicated Certified Professional Proactive recurring consultation calls upon the Client's request Annual Review of business process configurations Institutional Knowledge of Client's Solution Maintenance of MCCi/Client configured comp/exbusiness processes Ability to schedule after-hours upgrades Monday-Friday 8 am to 10 pm ET and Saturday-Sunday from 12 pm to 4 pm ET Basic JavaScript,CSS, and Calculations for Laserfiche Forms* +Client's Support/Subscription Renewal includes these benefits,regardless of whether a supplemental package is purchased. *Excludes the development of new integrations,large-scale development projects,and SQL queries. Excludes maintenance of custom-built integrations,or any item not purchased from MCCi. **Hours:MCCi allows clients to use their hours for a multitude of services,if a request will not start a service that cannot be completed with the MCCi I Addendum 12 to MSA 60351 Page 5 of 12 hours available. None of the packages listed above are intended to be utilized to configure a new comp/exbusiness process. In those instances,a separate SOW is required. CLIENT RESPONSIBILITIES (All Packages) For self-hosted (applications hosted by Client) solutions: Configuring/maintaining backups and any general network, security, or operating system settings outside of Client's solution. Managing application-level security. Managing and creating retention policies related to Records Management Module. Providing an IT contact(internal or third-party) for MCCi to work with as necessary. Providing remote access capabilities as needed. If the Client requests MCCi to have unattended access,the Client assumes all responsibility for the related session(s). The Client will work with MCCi to set up user profiles, user tags, etc. to allow desired security rights/access. Creating/providing process diagrams (and any other necessary paperwork/examples). SUPPLEMENTAL SUPPORT PACKAGE DEFINITIONS ADDITIONAL REMOTE TRAINING Additional web-based training is conducted to train new users or as refresher training for existing users. ADDITIONAL SYSTEM SETTINGS CONSULTATION MCCi offers additional best practices consultation that includes recommendations for adding additional departments, additional types of indexing, etc. REMOTE IMPLEMENTATION OF VERSION UPDATES While Client's renewal includes version updates, implementation of those updates is sometimes overlooked. With the addition of MMSS, MCCi is at Client's service to directly assist with implementing software updates such as minor updates, quick fixes or point releases. Dependent on the complexity and the Client's specific configurations, major software upgrades may or may not be covered and should be discussed with Client's Account Management Tea m. ANNUAL SYSTEM REVIEW&ANALYSIS MCCi will access Client's system to review how Client's organization uses Client's solution, to identify potential issues, and to make recommendations for better use of the system. This analysis may be performed annually and is an optional service that will be completed only if requested by the Client. LASERFICHE CERTIFICATIONS Priority offering of complimentary Laserfiche certifications, based on availability. LASERFICHE CONFERENCE REGISTRATION Priority offering of complimentary Laserfiche Empower registration, based on availability. CONFIGURATION AND MAINTENANCE OF BASIC BUSINESS PROCESS Utilizing Laserfiche Forms and Workflow, MCCi will assist with the configuration and maintenance of basicbusiness processes. A basic business process requires minimal configuration and virtually no institutional knowledge of the Client's business process, allowing an MCCi Application Support Analyst to assist with configuration, support, and maintenance of the process. Examples include Filing Workflows, simple Forms, or approval/notification workflows that have few routing steps, no integration, and little to no database lookups. MAINTENANCE OF MCCi PACKAGED SOLUTION: MCCi will assist with maintenance with a solution MCCi has created for a market that has a specific business process automation use. CONFIGURATION OF LASERFICHE QUICK FIELDS SESSIONS MCCi I Addendum 12 to MSA 60351 Page 6 of 12 Using Client's current Quick Fields modules, MCCi will configure Quick Fields sessions, excluding custom scripting, custom calculations, etc. BASIC RECORDS MANAGEMENT MODULE OVERVIEW TRAINING MCCi will provide refresher overview training of the records management module. Initial training cannot be performed under this support level. ADMINISTRATION CONFIGURATION SERVICES MCCi will assist with administration configuration services, including setting up users, metadata, security, etc. DEDICATED LASERFICHE CERTIFIED PROFESSIONAL While on MCCi's MMSS level, Client will have access to MCCi's team of Certified Support Professionals; with MPASS and MPASS2, Client will have a representative dedicated to Client's organization. SCHEDULED RECURRING CONSULTATION CALLS Upon Client's request, Client's MPASS representative will schedule recurring calls with Client to discuss Client's current and upcoming projects. This helps us stay on the same page with Client and ensure tasks and project milestones are being completed. ANNUAL REVIEW OF BUSINESS PROCESS CONFIGURATIONS MCCi will review Client's business processes to see how Client's organization uses the solution, to identify potential issues, and to make recommendations for better use of the system. This analysis may be performed annually and is an optional service that will be completed only if requested by the Client. INSTITUTIONAL KNOWLEDGE OF CLIENT SOLUTION Turnover within Client's organization can happen, and it is important to have a plan. Who will help Client's new solution administrator get up to speed on Client's processes and solutions in place? Leave that to us. MCCi documents Client's specific organization's usage and implemented business processes, integrations, etc., and can assist with the knowledge transfer to the new solution administrator if needed. MAINTENANCE OF MCCl/CLIENT CONFIGURED COMPLEX BUSINESS PROCESSES The assigned representative can maintain MCCi or Client configured com lexbusiness processes. A complex business solution is a large business process with an extensive configuration that is mission-critical to the organization. For example, minor tweaks, updates due to upgrades, process improvements, etc. can be requested. For creation of new complex Forms, Workflow, and Transparent Records Management configurations, please discuss a Business Process Configuration Service with Client's Account Executive or Account Manager. ABILITY TO SCHEDULE AFTER-HOURS UPGRADES Avoid MCCi's after-hours premium charge for upgrades. MPASS2 clients can schedule these anytime Monday-Friday from 8 am to 10 pm ET and Saturday and Sunday from 12 pm to 4 pm ET. BASIC JAVASCRIPT, CSS AND CALCULATIONS FOR LASERFICHE FORMS Excludes complex scripting. BASIC LASERFICHE WEBLINK/PUBLIC PORTAL CUSTOMIZATION MCCi will help customize Client's WebLink/Public Portal to meet Client's needs. MCCi I Addendum 12 to MSA 60351 Page 7 of 12 THE TRAINING CENTER FOR LASERFICHE* MCCi's Training Center for Laserfiche annual subscription provides an easy, cost-effective way for all users in Client's organization to access training videos for Laserfiche and ABBYY. BENEFITS 24/7 access to on-demand Laserfiche training videos and other resources Reduction in training expenses Caters to all skill levels from Basic Users to Advanced System Administrators Unlimited access for Client's entire organization User determined schedule and pacing Reduction in internal support and increased user productivity Increased efficiency through improved internal usage/adoption Instant/budgeted training available in the case of employee turnover Enhance Client's organization's internal Laserfiche training program *The Training Center subscription gate is based on Laserfiche user counts SERVICE LEVEL AGREEMENT (SLA)* MCCi's SLAB are offered as additional options to Client's annual support/subscription.An SLA offers clients escalated response times depending on the severity of the support issue, as well as other additional benefits. The SLA documentation and pricing is readily available upon request. MCCi currently has two separate SLAB available: Infrastructure Hosting Application Support(Client Self-Hosted) Application Support(Cloud Applications) *Full SLA document is available upon request [remainder of page left intentionally blank] MCCi I Addendum 12 to MSA 60351 Page 8 of 12 MM ASSUMPTIONS TECHNICAL SUPPORT Clients may contact MCCi support via MCCi's Online Support Center, email (supportC�mccinnovations.com), or telephone 866-942-0464. Support is available Monday through Friday(excluding major holidays) from 8 am to 8 pm Eastern Time. LIMITED LIABILITY If the Master Agreement is silent on each Parties' limited liability, liability is limited to the amount of dollars received by MCCi directly associated with this Order. PRE-EXISTING INTELLECTUAL PROPERTY (IP) The following products noted below are deemed Pre-existing IP as defined in the Master Agreement and are not considered "Works Made for Hire"and as such all rights, title or interest remains with MCCL Client shall retain a non- exclusive, royalty-free, world-wide, perpetual license to use the product(s) as such product(s) is integrated into the solution purchased by Client. Laserfiche PowerPack by MCCi Laserfiche EnerGov Integration by MCCi Laserfiche Neogov Integration by MCCi GoFiche Suite for Avante/Rio/Subscription Common Web Service API for Laserfiche CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally without MCCi's help. MCCi is not responsible for any damage caused by the user's customization of the system not performed by MCCL MCCi will not be held responsible for correcting any problems that may occur from these customizations. Routine updates as provided by software manufacturers may affect any customizations made by entities other than MCCL If MCCi's help is required to correct/update any customizations made by any entity other than MCCi, appropriate charges will apply. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For MCCi to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all MCCi installation and support services. If Client does not have "in-house" technical support, it is Client's responsibility to make available the appropriate Information Technology resources/consultant when needed. MCCi I Addendum 12 to MSA 60351 Page of LASERFICHE ASSUMPTIONS The following assumptions are current as of the date of order. Manufacturer's terms and conditions are subject to change. LASERFICHE END USER LICENSE AGREEMENT (EULA) By accepting this Order, Client acknowledges Laserfiche's EULA and agrees to abide by its terms and absolve MCCi of any Laserfiche product-related liability. LASERFICHE SOFTWARE SUPPORT PLAN MCCi acts as first-tier support and works with Laserfiche,who would provide second-tier level support when needed. Laserfiche software support plans are applicable to actively supported perpetual software and are bundled with on- premises Subscription and Cloud systems. All software support plans are on a yearly subscription basis and accompany the applicable software product designed, developed, created, written, owned, or licensed by Laserfiche. On-premises Subscription and Cloud system subscribers are advised to export data from their Laserfiche system prior to cancellation or any other termination. ACTIVE LASERFICHE SOFTWARE SUPPORT PLAN BENEFITS INCLUDE: Easy remote access to MCCi's team of Laserfiche Gold Certified Support Technicians Access to new product update versions and hotfixes Software credit eligibility for product upgrades, as determined by Laserfiche's then current policy Continued access to Client's Laserfiche solution* *Specific to Laserfiche Cloud and Laserfiche on premises Subscription licensed Clients POLICIES To receive periodic product updates for a Laserfiche Software Solution, its associated software support plan must be purchased and maintained throughout the software term. All software support plan subscriptions are annual, prepaid and non-refundable The annual term start date for new systems is established by Laserfiche at the time MCCi submits an order to Laserfiche on Client's behalf. For platform upgrades, software and support credit eligibility is determined by Laserfiche's then current policy. To receive any available software or support credit, Client's support plan must be active(i.e.,support plan has not expired) For expansion purchases, the applicable service period is prorated to match Client's existing or future service period, which is dependent on Laserfiche's then current policy and the timing of the expansion order vs. the Client's annual service period renewal date (i.e., prorating for less than four months may not be permittable due to the timing of renewal invoicing.) LATE PAYMENTS If payment is not received before Client's renewal date, Client's Laserfiche software support plan expires. Please allow up to five (5) business days after receipt of payment for MCCi to process renewal payment to Laserfiche. Impact of Expiration: Client will be able to access MCCi Support Technicians for 30 days post expiration. However, if there are support issues that require Laserfiche involvement, these issues cannot be resolved until Client's support is renewed. Perpetual software support plan: Access to the Laserfiche support website and Laserfiche technicians will no longer be available until MCCi receives Client's renewal payment and processes payment to Laserfiche. Laserfiche on-premises Subscription or Laserfiche Cloud: Access to Client's Laserfiche solution will be turned off after 30 days and Client's access to the Laserfiche support website, and Laserfiche technicians will no longer be MCCi I Addendum 12 to MSA 60351 Page of available until MCCi receives Client's renewal payment and processes payment to Laserfiche. Laserfiche on- premises Subscription Clients must reactivate the on-premises Subscription system following payment of the software support plan renewal to ensure uninterrupted usage. Reinstatement Fees: In order to receive uninterrupted support for perpetual on-premises Laserfiche Software Solutions, Client must maintain a software support plan for the term of the Laserfiche Software Solution. In the event that Client's software support plan is expired for more than 45 days, the plan will need to be reinstated. Reinstatements reset the annual date of the software support plan,and the cost includes one year of the software support plan in addition to the Reinstatement Fee. The Reinstatement Fee is a 10% markup on the lapsed value of the software support plan. The Reinstatement Fee includes the number of days lapsed since your software support plan expired. INTEGRATIONS Third-party Laserfiche integrations or utilities may consume one (1) or more Laserfiche user licenses depending on how the vendor designed and coded the integration. These additional licensing needs should be verified by Client and considered in the user licensing purchased. LASERFICHE SOLUTION PROVIDER OF RECORD As Client's current Solution Provider of Record, Laserfiche's policy dictates that MCCi is the only Laserfiche Solution Provider that has access to Client's support account, along with the ability to download software licenses and activations, process subscription renewals and initiate additional purchases on Client's behalf. Unless Client decides to cancel Client's contract with MCCi or work with Laserfiche to formally change Client's Laserfiche Solution Provider of Record, future purchases and subscription renewals will be processed and provided by MCCi. LASERFICHE RIO SHARED SERVICES PROVISIONS The Host Entity is the owner of the Laserfiche licensing and is registered as such with MCCi and Laserfiche corporate. For Laserfiche corporate licensing rules, there can only be one licensed entity per Laserfiche Rio platform. Licensing is non-transferrable. Additionally, the Host Entity is responsible for cost allocation among the other entities that are utilizing its Laserfiche Rio Platform and for being the main point of contact for support provided through MCCi. The account can only be renewed once all entities have paid for the full LSAP. . MCCi I Addendum 12 to MSA 60351 Page 11 of 12 MCCi I Addendum 12 to MSA 60351 Page 12 of 12 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Five-Year Rental Agreement for Copiers CAPTION: Motion authorizing execution of a five-year rental agreement with UBEO, LLC of Pharr, Texas, with an office in Corpus Christi, in an amount not to exceed $2,078,478.00, through the DIR Cooperative, for the lease of Ricoh copiers to be utilized by various City departments, with FY 2024 funding of $311 ,771 .70 from various funds. SUMMARY: This motion authorizes a five-year rental agreement with UBEO, LLC for the lease of 124 Ricoh copiers to be utilized by City departments in various locations. This Citywide contract will be managed by the Finance & Procurement Department. BACKGROUND AND FINDINGS: Printing is an integral part of department level operations. Printer sizes, features, and quantities were primarily driven by department requests. When these printer contracts expire the City typically used a like-for-like replacement methodology. This item recommends a new replacement approach. A citywide print utilization study was conducted to understand device usage and sizing requirements. In coordination with IT and UBEO a full systems analysis was performed to understand department level printing needs. The analysis focused on the City's 146 multi-function copiers. The analysis included on-site interviews, and meeting with key stakeholders to understand service requirements. Staff recommends reducing the fleet from 146 to 124 devices. Through better sizing and strategic placement these reductions will have no impact on service levels, and will provide a cost savings to the tax payer. The recommended replacements also reduce the number of model and configurations of the fleet to ensure better efficiency in maintenance and servicing. The City's Procurement division leveraged the State of Texas Department of Information Resources contracts to ensure competitive pricing on the recommended replacement devices. All new devices have maintenance built into the contract, and with UBEO's local office, we can ensure timely service windows and emergency support. PROCUREMENT DETAIL: This procurement is being facilitated through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Comparison of Existing to New Contract Current Proposed Monthly Savings Annual Savings Equipment $ 16,982.00 $ 16,063.00 $ (919.00) $ (11,028.00) Black& White Prints $ 8,000.00 $ 2,646.92 $ (5,353.08) $ (64,237.00) Color Prints $ 10,117.00 $ 12,835.00 $ 2,718.00 $ 32,616.00 $ 35,099.00 $ 31,544.92 $ (3,554.08) $ (42,649.00) The Procurement division of Finance examined other cooperative contracts and service offerings to find the most cost-effective option for the City. The new contract will save the City more than $200,000 over the term of the contract. The contract totals include 20% additional print (click) volume contingency. ALTERNATIVES: Extend the existing contract and continue to utilize devices that are near the end of life and outside manufacture warranty. Utilize local printers and move away from centralized multifunction printer devices. FISCAL IMPACT: FUNDING DETAIL: Various — See Attachment RECOMMENDATION: City staff recommend approving the motion as presented. LIST OF SUPPORTING DOCUMENTS: Manage Rental Agreement & Amendment Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado City Wide Copiers D I R-CPO-4435 UBEO, LLC Pharr, TX Item Description Month Cost Total Price 1 Lease of Copiers 60 $16,063.00 $963,780.00 2 B/W Prints 60 $2,646.92 $158,815.20 3 Color Prints 60 $12,835.00 $770,100.00 60 Month Subtotal $1,892,695.20 4 20% Contingency for B/W & Color Prints $185,782.80 Total $2,078,478.00 ub o B U S I N E S S MANAGE RENTAL AGREEMENT S E R V I C E S Owner: UBEO, LLC CUSTOMER •- • Bill To Full Custom er Legal Name Contact Person In B,,l to Ste Ked Operator Corpus Christi, City Of Minerva Alvarado Minerva Alvarado Street Addrass I IU, I it. 1201 Leopard St B,,Site/Routing Telephone a Telephone a (361)826-3169 (361)826-3169 Qyi State zip cede F—iiRIile d F—simile d Corpus Christi TX 78401- nstallffiion Address(if different from above) -mail mall multiple locations mine cctexas.com minervaa cctexas.com EQUIPMENT •- • Quantity Make Item Description(or Accessories) 1 8 Ricoh 418494 Ricoh P502 2 14 Ricoh 418458 Ricoh IM 550F 3 1 Ricoh 418574 Ricoh IM C400SRF 4 55 Ricoh 419320 Ricoh IM C4510 5 10 Ricoh 419331 Ricoh IM C6010 6 27 Ricoh 418826 Ricoh IM 4000 7 2 Ricoh 418830 Ricoh IM 6000 8 7 Ricoh 418562 Ricoh IM C40OF $18,709.92 60 Payment FrequencyMonthly r Quarterly B&W Image Monthly Allowance 407,218 $0.00650 Color Image Monthly Allowance 0 $0.04250 Page/DIDLinear Feet Monthly Allowance Excess Per Image Charge(Linear Feet) xMedius Page/DID Charge Supplies(toner and developer in colors,black,cyan,magenta and yellow)and waste toner bottles are included at no additional charge,unless otherwise indicated. Throughput materials(paper stocks,staples,etc.)and toner and developer in colors clear,gold,silver,white,and fluorescent pink are NOT included. BLACK Supplies Included ❑NO COLOR Supplies Included ❑NO AGREEMENT NUMBER All amounts exclusive of applicable taxes SALES RE PRESENTATIVE 1935588 THIS AGREEMENT CANNOT BE TERMINATED EARLY. Efrain Franco Additional Terms and Conditions on Second Page. Other Agreed Upon Addenduni include: A ❑� Merlin ❑Fax❑e-Mail • Minerva Alvarado - rvaa@Icaexas.-m During the term ofthis Agreement,Owner may substitute and/or change the tools and equipment that it uses in providing the images and other solutions being provided to Customer.In these situations,Owner will explain the changes to Customer and Customer will sign an updated schedule incorporating the changes to the equipment and related products in the Customer's possession and/or being used to provide the solution.In addition,if customer's needs and/or the available technology changes dramatically,either party may initiate discussions to revise this Agreement;provided that any such change must be mutually agreed to in a new agreement or amendment signed by authorized individuals on behalf of both Customer and Owner. CUSTOMEROWNER By signing below customer certifies that all conditions and terms of this agreement on the first and second page have been reviewed and acknowledged.By providing a telephone number for a cellular phone or other wireless device,you are expressly consenting to receiving communications(for NON-marketing or solicitation purposes)at that number,including,but not limited to,prerecorded or artificial message calls,text messages,and calls made by an automatic telephone dialing system from Owner and its affiliates and agents.This Express Consent applies to each such telephone number that customer provides to us now or in the future and permits such calls.These calls and messages may incur access fees from your cellular provider. e era ax Company Name: Corpus Christi,City of Owner: UBEO, LLC By(Please Print): By: Signature: Signature: Title: Date: Title: Date: DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment:1)has been received,installed,and inspected,and 2)is fully operational and unconditionally accepted.All conditions and terms of this agreement have been reviewed,acknowledged and are now irrevocable and unconditional. By(Please Print): Title: Signature: Date: APPROVED AS TO LEGAL FORM 1 of 2 Rev:5/1/2022 Assistant City Attorney Date UMANAGE RENTAL AGREEMENT TERMS and CONDITIONS 1.Ownership and Use of System:Owneris the sole owner and title holdertothe"System".The"System"shall mean Owner is not responsible for any damage to Customer's Information Technology Systems. Customer is all hardware(and,except as limited by section 10 below,software)included on the UMANAGE Rental Agreement. responsible for all Software Agreements and Owner is not a party to any such licensing but will include such Customer agrees to keep the System and associated products free and clear of all liens and claims.Customer agrees software as part of the Agreement.Owner does not own any software and cannot transfer any interest in it to thatthe System and associated products will be used solelyfor business purposes and not for consumer purposes or Customer.In Accordance with this agreement,within 10 days ofthe expiration or earlier termination,for whatever personal use and that the Customer's location is a business address. reason,of the Agreement,Customer will deliver the System to Owner in good condition and repair,except for normal wear and tear.UBEO, LLC agrees not to disclose any customer information to manufacturers or competitors that is not required by law. 2.Payment:Monthly payments will begin on the Commencem ent date.The Customer agrees to pay Owner the base payment which includes the minimum base image allowance when due.The Customer also agrees to pay charge 11.Location of System:The Customer will keep the System at the location specified in this Agreement.The for each image in excess ofthe image allowance.The base payment and the charge for overages are as indicated on Customer must obtain Owner's written permission to move the System.The Customer will allow Owner or its the first page ofthis Agreement.If any payment is more than ten days late,the Customer agrees to pay a fee of up to agents to inspect the System at any reasonable time wherever it is located. 15%or$29(whichever is greater)on the overdue amount,but not to exceed the maximum amount allowed by law. The Customer also agrees to pay$35 for each check that the bank returns for insufficient funds or any other reason. At the end ofthe first year ofthis Agreement,and once each successive twelve month period thereafter,Owner may 12.Assignment:THE CUSTOMER HAS NO RIGHT TO SELL,TRANSFER,ENCUMBER,SUBLET OR ASSIGN increase the base payment and the Excess Per Image charges by an amount not to exceed 6%of the then current THE SYSTEM OR THIS AGREEMENT.Owner may sell,transfer or assign this Agreement without notice and if payment and charges.The Customer's obligation to paythe base payments and its other obligations hereunder is Owner does,the assignee will have the same rights and benefits Owner has and will not have to perform any of absolute and unconditional and is not subjectto cancellation,reduction,setoffor counterclaim.THIS AGREEMENT IS "Owner's'obligations.UBEO,LLC will retain those obligations and Customer agrees that the rights of the NON-CANCELABLE. assignee will not be subjectto any claims,defenses or setoffs the customer may have against the Owner. 3.Excess Images:Customerwill submit true and accurate System meter readings to Owner for the System bythe end ofthe second workdayofeach billing period in anyreasonable mannerrequested by Owner,including an automated 13.Warranty Disclaimer:OWNER MAKES NO WARRANTY EXPRESS OR IMPLIED,INCLUDING THAT THE collection system.If Customer fails to submit meter readings,Ownermay estimate meters and generate invoicing SYSTEM IS FIT FOR A PARTICULAR PURPOSE OR THATTHE SYSTEM IS MERCHANTABLE.OWNER based upon the estimated meter readings. TRANSFERS TO CUSTOMER ANY WRITTEN WARRANTIES MADE BYTHE VARIOUS MANUFACTURERS REPRESENTED IN THIS AGREEMENT.CUSTOMER AGREES CUSTOMER HAS SELECTED THE SUPPLIER 4.Term and Transition Billing:This Agreement is binding upon Customeron the date Customersigns the Agreement. AND EACH ITEM OF SYSTEM AND ASSOCIATED PRODUCTS BASED UPON ITS OWN JUDGMENTAND The Agreement is effective on the date Customer signsthe Delivery and Acceptance("Effective Date").The term of DISCLAIM ANYRELIANCE UPON ANYORAL STATEMENTS OR REPRESENTATIONS MADE BYOWNERS. the Agreement begins on date designated byus afterreceipt ofall required documentation and acceptance byus CUSTOMER WILL CONTINUE TO MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ("Commencement Date")and continuesforthe number ofmonths designated as"Term"on the first page ofthis ANYCLAIM OR COMPLAINT AGAINST ANY SUPPLIER,LICENSOR OR MANUFACTURER,AND FAILURE Agreement.Customer agreesto payan interim base payment in the amount of 1/30 ofthe monthlybase payment,for OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE CUSTOMER'S OBLIGATIONS TO each dayfrom and including the Effective Date until the day preceding the Commencement Date. OWNER UNDER THIS AGREEMENT. 5.Upgrade and Downgrade Provision:Owner may reviewyour image volume and,in its discretion,propose options for 14.Default and Remedies:The Customer will be in default if any of the following occurs:(i)Customer does not upgrading or downgrading to accommodate your needs. pay any amount under this Agreement or other sum due to Owner or any other entity,(ii)Customer breaches any other term ofthis Agreement or any other agreement with Owner or any material agreement with any other entity, (iii)Customer or any guarantor dies,dissolves or terminates existence;(iv)Customer makes or has made false 6.Taxes and Fees:This is a net agreement.In addition to rent,the Customer agreesto pay all taxes,fees,and fling statement or misrepresentation to Owner;(v)there has been a material adverse change in Customer or any costs related to the use ofthe System,even billed afterthe end ofthe Agreement.Ownerwill file property tax returns guarantor's financial,business or operating condition;(vi)anyguarantor defaults under any guaranty for this and bill the Customer as soon as an invoice from the local jurisdiction is received.Owner has the option to estimate Agreement;(vii)Customer or any guarantor becomes insolvent or unable to pay its debts when due;Customer anytaxes due for the year and bill the Customer periodically in advance on the basis of that estimate.The Customer stops doing business as going concern;Customer merges,consolidates,ortransfers all or substantially all of its agreesthat if Ownerpays anytaxes orcharges on the Customer's behalf,Customerwill reimburse Ownerforall such assets;or(viii)Customermakes an assignment for the benefit ofits creditors or voluntarilyfile or have filed payments and will pay Owner a fee for collecting and administering anytaxes,assessments or fees and remitting them against it an action under any bankruptcy proceedings.If the Customer defaults,Owner can take the following tothe appropriate authorities.The Customerwill indemnify Owner on an after-taxbasis againstthe loss ofanytax remedies:a)terminate this Agreement;b)require Customerto pay 1)all past due amounts hereunder and 2)all benefits anticipated at the Commencement Date arising out ofthe Customer's acts or omissions.Owner may charge remaining payments for the unexpired term,discounted to present value at a 2%discount rate;c)require Customera reasonable fee to cover documentation and investigation costs.Anyamount charged underthis Customerto return the System to Owner atthe Customer's expense;ord)exercise anyother remedyavailable at agreement may include a profit. law or equity.The Customer promises to pay Owner's reasonable attorney fees and any cost associated with enforcement of this Agreement.Customer also agreesto pay interest on all past due amounts,from the due date,at 1.5%per month.This action will not void the Customer's responsibility to maintain and care for the System,nor will Owner be liable for any action taken on anythird party's behalf. 7.UCC Filing:The Customer authorizes Owner or its assignee to sign any documents in connection with the Uniform Commercial Code("UCC")on the Customer's behalf.The Customer authorizes Owner to insertthe serial number(s) ofthe System in this Agreement(including any schedules)and in anyfilings.In orderto protect our rights in the System,Customer grants the Owner a security interest in the System if this Agreement is deemed a secured transaction and Customer authorizes Ownerto record a UCC-1 financing statement or similar instrument,and appoint 15.Business Agreement and Choice of Law:THE CUSTOMER AGREES THATTHIS AGREEMENT WILL BE Owner as its attorney-in-fact to execute and deliversuch instrument,in orderto show Owner's interest in the System. GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH OWNER(OR,IF ASSIGNED BY OWNER,OWNER'S ASSIGNEE)MAINTAINS ITS PRINCIPAL OFFICES,AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE.OWNER 8.Collateral Protection,Liabilityand Insurance:The Customer is responsible for any damage to or loss ofthe System (AND ITS ASSIGNEE)AND CUSTOMER WAIVE THE RIGHT TOA TRIAL BY JURY IN THE EVENT OF A LAWSUIT AND WAIVE ANY RIGHT TO TRANSFER VENUE. and any losses or injurycaused bythe System.The Customer promises to keep the System fully insured against loss until the Agreement is paid in full and maintain insurance that protects Ownerfrom liabilityfor any damage or injury caused bythe System or its use.The Customer promises to provide Ownerwith evidence ofthe insurance,showing 16.Renewal and Return of System:After the Minimum Term,as defined bythe Agreement and anywritten Owner as the loss payee for the full replacement value ofthe System and additional insured for public liabilityand third extension thereof,this Agreement will automatically renew on a twelve(12)month basis unless 1)the Customer party property insurance,upon request.If Customer fails to provide such evidence within 30 days afterthe notifies Owner in writing not less than 90 days prior to the expiration ofthe Minimum Term or extension of its commencement ofthis Agreement,Owner has the option,but not the obligation to do as provided in either(A)or(B) intention to return the System and 2)the Customer returns the System as provided below. Provided the as follows,as determined in Owner's discretion:(A)Owner may secure propertyloss insurance on the System from a Customer has given such timely notice,it shall return the System,freight and insurance prepaid,to Owner in carrier of Owner's choosing in such forms and amounts as Owner deems reasonable to protect Owner's interests.If good repair condition and working order,ordinarywear and tear excepted,in a manner and to a location Owner secures insurance on the System,Customer will not be named as an insured party,Customer's interests may designated by Owner.The Customer must pay any additional rents due until the System is received in good not be fully protected,and Customerwill reimburse Ownerthe premium which maybe higherthan the premium working condition by Owner or its agents.Customer is responsible for protecting and removing anyconfidential Customerwould payif Customer obtained insurance,and which mayresult in a profitto Ownerthrough an investment data/images stored on the System priorto its return for anyreason.Customer may not terminate this Agreement in reinsurance.If Customer is current in all of its obligations under the Agreement at the time of loss,any insurance early without Owner's consent. proceeds received relating to insurance Owner obtains pursuant to this subsection(A)will be applied,at Owner's option,to repair or replace the System,or to pay Ownerthe remaining payments due orto become due underthis 17.Other Rights:The Customer agrees that Owner's delay,or failure to exercise any rights,does not prevent Agreement,discounted at 2%per annum;or(B)Owner may charge Customer a monthly damage surcharge of up to .0035 ofthe System cost as a result of Owner's credit risk and administrative and other costs,as would be further Ow exercising them at a later time.If any part ofthis Agreement is found to be invalid,then it shall not described on a letterfrom Ownerto Customer.We may make a profit on this program.NOTHING IN THIS invaliudaterate m any of the other parts and the agreement shall be modified to the minimum extent as permitted bylaw. The terms ofthis Agreement supersede any related Purchase order. PROVISION WILL RELIEVE CUSTOMER OF THE RESPONSIBILITY FOR LIABILITY INSURANCE ON THE SYSTEM.Owner mayfile claims and endorse insurance checks on the Customers behalf. 18.UCC-2A Provisions:Customer waives any and all rights and remedies granted to Customer under Sections 2A-508 through 2A-522 ofthe UCC and agrees that this Agreement,in the hands of Owner's assignee,is,or shall be treated as,an agreement ofthe type defined in Section 103(1)(g)ofArticle 2A ofthe UCC. 9.Indemnity:After installation,Owner is not responsible for any losses or injuries caused bythe use or possession of the System.Customer agrees to hold Owner harmless and reimburse Owner for loss and to defend Owner against anyclaim for losses or injurycaused bythe System.This indemnity obligation will continue afterthe termination ofthis 19Entire Agreement:This Agreement represents the entire Agreement between Owner and the Customer Agreement ifthe loss or injury occurred during the term ofthe Agreement.The Customer agreesto reimburse Owner either Owner nor the Customer will be bound by any amendment, N for and defend Owner against any claims,for losses or injuries caused bythe System,unless such losses or injuries regarding the financing of the System.waiver,or other change unless agreed to N writing and signed by both parties. are caused bythe gross negligence or willful misconduct of Owner.IN NO EVENT SHALL OWNER BE RESPONSIBLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES. 20.MISCELLANEOUS:Any change in any of the terms and conditions ofthis Agreement must be in writing and 10.Maintenance and Care of Owner's System:The Customer agrees to install,use and maintain the System in signed by Owner.Customer agrees,however,that Owner is authorized,without notice to Customer,to supply accordance with the dealer specifications and use onlythose supplies supplied or approved by UBEO,LLC which missing information or correct obvious errors in this Agreement.A fax or electronically transmitted version of meet manufacturer specifications.Customer agrees to maintain the System in good working condition,eligible for Customer's signature on this Agreement when received by Owner shall be binding upon Customer as if originally manufacturer's certification,normal wear and tear excepted.Maintenance provided byUBEO,LLC is non-cancellable signed.The parties agree that this Agreement and anyrelated documents maybe authenticated by electronic forthe term ofthe agreement forthe listed System.Maintenance includes and is limited to;parts repair or replacement means.Customer agrees not to raise as a defense to the enforcement ofthis Agreement or any related and associated labor,for service required as a result of normal wear and tear.Supplies(toner and developer in colors, documents that Customer executed or authenticated by electronic means.However,this Agreement shall be black,cyan,magenta and yellow)and waste toner bottles are included at no additional charge.Toner usage is based binding on Owner when signed by Owner.Both Customer and Owner agree that the version of this Agreement on manufacturer's suggested yields.Excess usage can be billed when suggested yields are exceeded.Throughput with Owner's original signature shall constitute the original authoritative version.Within 30 days after Owner's materials(paper stocks,staples,etc.)and toner and developer in colors clear,gold,silver,white and fluorescent pink request,Customerwill deliver all requested information(including tax returns)which Owner deems reasonably are NOT included.Work associated with Customer's Information Technologies not listed on this Agreement,including necessaryto determine Customer's current financial condition and faithful performance ofthe terms hereof. but not limited to Software,Computers,Data Files and Network is not covered bythe Owner,and is billable to Customer. 2 of 2 Rev:5/1/2022 Amendment This Amendment amends that certain agreement by and between UBEO, LLC ("Owner") and City of Corpus Christi ("Customer") which agreement is identified in the Owner's internal books and records as Agreement No. 1935588 (the "Agreement"). All capitalized terms used in this Amendment, which are not otherwise defined herein, shall have the meanings given to such terms in the Agreement. Owner and Customer have mutually agreed that the following modifications be made to the Agreement. 1. The Any written changes or cross-offs to the Agreement shall be disregarded, as Owner and Customer have agreed that all modifications needed to the Agreement shall be incorporated in this Amendment. 2. The following section is hereby added to the Agreement: "EARLY PREPAYMENT RIGHT. Notwithstanding anything else herein to the contrary, you may, upon thirty (30) days prior written notice, terminate this Agreement early if you pay to us all of the regularly scheduled monthly payments due, or to become due under the Agreement, plus our booked residual, plus any and all sales taxes, actual or estimated property taxes, excess per image charges, and any other miscellaneous amounts due and owing under the Agreement. Upon satisfaction of the criteria set forth in this paragraph, this Agreement shall terminate and your obligations under this Agreement will be deemed satisfied." 3. The sentence in section 2 entitled "Payment"which reads "Monthly payments will begin on the Commencement date," is hereby deleted and replaced with the following: "Monthly payments will begin on the Commencement Date." 4. The following sentence is hereby deleted from section 2 entitled "Payment": "If any payment is more than ten days late, the Customer agrees to pay a fee of up to 15% or $29 (whichever is greater)on the overdue amount, but not to exceed the maximum amount allowed by law." 5. The following sentence is hereby deleted from section 2 entitled"Payment": "At the end of the first year of this Agreement, and once each successive twelve-month period thereafter, Owner may increase the base payment and the Excess Per Image charges by an amount not to exceed 6% of the then current payment and charges." 6. The following sentence is hereby deleted from section 4 entitled"Term and Transition Billing": "Customer agrees to pay an interim base payment in the amount of 1/30 of the monthly base payment, for each day from and including the Effective Date until the day preceding the Commencement Date." 7. The following sentence is hereby added to section 6 entitled "Taxes and Fees": "This is a net agreement." 8. The following sentences are hereby deleted from section 6 entitled "Taxes and Fees": "The Customer will indemnify Owner on an after-tax basis against the loss of any tax benefits anticipated at the Commencement Date arising out of the Customer's acts or omissions. Owner may charge Customer a reasonable fee to cover documentation and investigation costs." 9. Section 8 entitled "Collateral Protection, Liability and Insurance" is hereby deleted and replaced with the following: "8. Loss or Damage: The Customer is responsible for any damage to or loss of the System and any losses or injury caused by the System." CorpusCMsti,Cityof.1932441.00279170.P03.ad.doc PAGE 1 OF 3 10. The following sentences are hereby deleted from section 9 entitled "Indemnity": "Customer agrees to hold Owner harmless and reimburse Owner for loss and to defend Owner against any claim for losses or injury caused by the System. This indemnity obligation will continue after the termination of this Agreement if the loss or injury occurred during the term of the Agreement. The Customer agrees to reimburse Owner for and defend Owner against any claims, for losses or injuries caused by the System, unless such losses or injuries are caused by the gross negligence or willful misconduct of Owner." 11. The following sentence is hereby added to section 10 entitled"Maintenance and Care of Owner's System": "Customer is responsible for all Software Agreements and Owner is not a party to any such licensing but will include such software as part of the Agreement." 12. The sentence in section 12 entitled "Assignment" which reads "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the customer may have against the Owner," is hereby deleted and replaced with the following: "UBEO LLC will retain those obligations and Customer agrees that the rights of the assignee will not be subject to any claims, defenses or setoffs the Customer may have against the Owner." 13. The sub-sentence in section 14 entitled "Default and Remedies" which reads "(ii) Customer breaches any other term of this Agreement or any other agreement with Owner or any material agreement with any other entity," is hereby deleted and replaced with the following: "(ii) Customer breaches any other term of this Agreement or any other agreement with Owner," 14. The following sentence is hereby deleted from section 14 entitled "Default and Remedies": "The Customer promises to pay Owner's reasonable attorney fees and any cost associated with enforcement of this Agreement." 15. The sentence in section 14 entitled "Default and Remedies"which reads "Customer also agrees to pay interest on all past due amounts, from the due date, at 1.5% per month," is hereby deleted and replaced with the following: "Customer also agrees to pay interest on all past due amounts, from the due date, at the statutory amount required pursuant to the Texas Prompt Payment Act." 16. The sentence in section 15 entitled "Business Agreement and Choice of Law" which reads "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH OWNER (OR, IF ASSIGNED BY OWNER, OWNER'S ASSIGNEE) MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE," is hereby deleted and replaced with the following: "THE CUSTOMER AGREES THAT THIS AGREEMENT WILL BE GOVERNED UNDER THE APPLICABLE LAW OF THE STATE IN WHICH CUSTOMER MAINTAINS ITS PRINCIPAL OFFICES, AND ANY DISPUTE CONCERNING THIS AGREEMENT WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN SUCH STATE." 17. The sentence in section 16 entitled "Renewal and Return of System" which reads "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew on a twelve (12) month basis unless 1) the Customer notifies Owner in writing not less than 90 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2) the Customer returns the System as provided below," is hereby deleted and replaced with the following: "After the Minimum Term, as defined by the Agreement, and any written extension thereof, this Agreement will automatically renew month-to-month unless 1) the Customer notifies Owner in writing at CorpusChdsti,Cityof.1932441.00279170.P03.ad.doc PAGE 2 OF 3 least 30 days prior to the expiration of the Minimum Term or extension of its intention to return the System and 2)the Customer returns the System as provided below." 18. The following sentence is hereby deleted from section 16 entitled "Renewal and Return of System": "Customer may not terminate this Agreement early without Owner's consent." 19. The following sentence is hereby deleted from section 20 entitled "Miscellaneous": "Within 30 days after Owner's request, Customer will deliver all requested information (including tax returns) which Owner deems reasonably necessary to determine Customer's current financial condition and faithful performance of the terms hereof." Except as specifically modified by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. If, and to the extent there is a conflict between the terms of this Amendment and the terms of the Agreement, the terms of this Amendment shall control. A copy of this document containing your original or facsimile signature or other indication of your intent to agree to the terms set forth herein shall be enforceable for all purposes. This Amendment is not binding until accepted by Owner. UBEO, LLC City of Corpus Christi Owner Customer By: By: X Signature Signature Print Name&Title Print Name&Title Date Accepted: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date CorpusChdsti,Cityof.1932441.00279170.P03.ad-doe PAGE 3 OF 3 NON-APPROPRIATION ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between UBEO, LLC ("we", "us", "our") and CORPUS CHRISTI, CITY OF ("Governmental Entity", "you", "your"), which agreement is identified in our records as agreement number 1935588 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. If and to the extent that the items financed under the Agreement is/are software, the above-referenced certificate shall also include certification that the software is no longer being used by you as of the termination date. The undersigned, as a representative of the Governmental Entity, agrees that this Addendum is made a part of the Agreement. • AUTHORIZED As Stated Above X SIGNATURE PRINT NAME&TITLE DATE OUR SIGNATURE UBEO of South Texas SIGNATURE PRINT NAME&TITLE DATE APPROVED AS TO LEGAL FORM Assistant City Attorney Date 001886.1.3.4-VP07NAM C 0622 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure Wes leyN(a-)-cctexas.com (361) 826-3111 Josh Chronley, Assistant Director of Finance-Procurement JoshC2(a)cctexas.com (361) 826-3169 Supply Agreement for Service Saddle Taps CAPTION: Motion authorizing the execution of a one-year supply agreement with two additional one-year options, with Core & Main, LP., of Corpus Christi, Texas, to purchase service saddle taps for the Corpus Christi Water Department in an amount up to $146,240.00, with a total potential amount up to $438,720.00 if the two additional option years are exercised, with FY2024 funding in the amount of $146,240.00 available through the Water Fund. SUMMARY: This motion authorizes a supply agreement with Core & Main LP. to purchase service saddle taps used in water service lines to new homes, businesses, and other areas. The service saddle taps are purchased by the Corpus Christi Water Department(CCW)and will be stocked for use as needed by CCW field crews. BACKGROUND AND FINDINGS: The use of service saddle taps allows installation of new piping into existing mains. Service saddle taps are used by CCW work crews for the City's waterlines to make appropriate connections to supply water to new customers. They are also used by CCW work crews on projects to replace aged water lines as well as for emergency repairs. The saddle taps are ordered from the suppliers, then stocked at CCW until CCW work crews use them for projects. Core & Main, LP. is the incumbent supplier of these parts for the City. The City is satisfied with the service and parts received from Core & Main, LP. and recommends continuing to work with them through the proposed agreement. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids (RFB) process to obtain bids for a new supply agreement. The City received two responsive and competitive bids. Staff is recommending award to the lowest responsive, responsible bidder, which is Core & Main, LP. Core & Main, LP. Is the incumbent supplier of these parts for the City. In 2020, City negotiated a three- year agreement with Core & Main, LP. for $205,333.80. The agreement expired in April 2023, however, CCW has had enough supplies on-hand to carry through current day. The proposed agreement with Core & Main, LP., if all options are exercised, will amount to $438,720.00. This increase in dollar value is due to the addition of new items and current economic conditions. The additional items in the proposed agreement with Core & Main, LP. include various sizes of service saddle taps that were not included in the previous agreement with Core & Main, LP. The reason that the additional service saddle taps sizes are being included in the proposed agreement is because they are being used more than they were when the previous agreement was initiated. As the City's water system continues to grow, the various sizes of service saddle taps are being used more frequently. The bid totals for this contract are shown in the table below: Vendor Bid Amount Core & Main LP $146,240.00 Ferguson Enterprises $146,408.58 ALTERNATIVES: The alternative is not to approve the proposed contract but to instead require Corpus Christi Water to purchase the saddle taps on an as-needed basis. This would not be as beneficial as a long-term agreement, though, which allows for a better economy of scale and more readily available parts and services. FISCAL IMPACT: The fiscal impact for Corpus Christi Water during FY 2024 is $146,240.00. FUNDING DETAIL: Fund: 4010 - Water Organization/Activity: 31520 —Treated Water Delivery System Department number: 45 Project # (CIP Only): N/A Account: 520160— pipe fittings RECOMMENDATION: Staff recommends approval of this motion to execute a one-year supply agreement with two additional one-year options with Core & Main, LP., as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Finance-Procurement Department RFB#5322 Senior Buyer:Cynthia Perez Service Saddle Taps Core&Main LP Ferguson Enterprises Corpus Christi,Texas Corpus Christi,Texas ITEM Description Unit 1 Year Qty Model Unit Price Total Price Equal Unit Price Total Price Service Saddle 2"x.75"Tap 1 Smith Blair 315-0025606-000 EA 15 $ 597.00 $ 592.35 orequivalent $ 39.80 $ 39.49 Service Saddle 2"x1"Tap-CT 2 Smith Blair 315-0021308-000 EA 10 $ 398.00 $ 394.90 Orequivalent $ 39.80 $ 39.49 Service Saddle 2"x1"Tap 3 Smith Blair 315-0025608-000 EA 30 $ 1,194.00 $ 1,184.70 Orequivalent $ 39.80 $ 39.49 Service Saddle 2.5"x1"Tap 4 Smith Blair 315-0029108-000 EA 20 $ 815.00 $ 805.80 Orequivalent $ 40.75 $ 40.29 Service Saddle 3"x1"Tap 5 Smith Blair 315-0035408-000 EA 10 $ 414.50 $ 411.00 Orequivalent $ 41.45 $ 41.10 Service Saddle 4"x1"Tap 6 Smith Blair 315-0048008-000 EA 10 $ 397.50 $ 394.10 Orequivalent $ 39.75 $ 39.41 Service Saddle 4"x1"Tap 7 Smith Blair 315-0056308-000 EA 20 $ 803.80 $ 797.20 Orequivalent $ 40.19 $ 39.86 Service Saddle 4"x1.5"Tap 8 Smith Blair 315-0056312-000 EA 10 $ 500.00 $ 497.50 Orequivalent $ 50.00 $ 49.75 Service Saddle 4"x2"Tap 9 Smith Blair 315-0056314-000 EA 10 $ 500.00 $ 497.50 Orequivalent $ 50.00 $ 49.75 Service Saddle 24"x1.5"Tap 10 Smith Blair 317-00258012-000 EA 3 $ 975.00 $ 985.50 Orequivalent $ 325.00 $ 328.50 Service Saddle 24"x1.5"Tap 11 Smith Blair 317-00258012-000 EA 3 $ 975.00 $ 985.50 Orequivalent $ 325.00 $ 328.50 Service Saddle 24"x2"Tap 12 Smith Blair 362-00285014-000 EA 3 $ 1,077.00 $ 1,088.91 Orequivalent $ 359.00 $ 362.97 Service Saddle 6"x1"Tap 13 Smith Blair 315-0076008-000 EA 300 $ 13,770.00 $ 13,911.00 Orequivalent $ 45.90 $ 46.37 Service Saddle 6"x1.5"Tap 14 Smith Blair 315-0076012-000 EA 24 $ 1,320.00 $ 1,304.16 Orequivalent $ 55.00 $ 54.34 Service Saddle 6"x2"Tap 15 Smith Blair 315-0076014-000 EA 24 $ 1,291.20 $ 1,304.16 Orequivalent $ 53.80 $ 54.34 Service Saddle 8"x1"Tap 16 Smith Blair 315-00101008-000 EA 300 $ 16,350.00 $ 16,515.00 Orequivalent $ 54.50 $ 55.05 Service Saddle 8"x1.5"Tap 17 Smith Blair 315-00101012-000 EA 18 $ 1,188.00 $ 1,177.56 Orequivalent $ 66.00 $ 65.42 Service Saddle 8"x2"Tap 18 Smith Blair 315-00101014-000 EA 18 $ 1,188.00 $ 1,177.56 Ore uivalent $ 66.00 $ 65.42 Service Saddle 10"x1"Tap 19 Smith Blair 317-00121208-000 EA 12 $ 1,320.00 $ 1,304.40 Or equivalent $ 110.00 $ 108.70 Service Saddle 10"x2"Tap 20 Smith Blair 317-00121214-000 Or EA 6 $ 762.00 $ 756.60 equivalent $ 127.00 $ 126.10 Service Saddle 12"x1"Tap 21 Smith Blair 315-00143208-000 EA 18 $ 1,260.00 $ 1,252.26 Or equivalent $ 70.00 $ 69.57 Service Saddle 12"x1.5"Tap 22 Smith Blair 317-001432012-000 EA 12 $ 1,620.00 $ 1,625.88 Or equivalent $ 135.00 $ 135.49 Service Saddle 12"x2"Tap 23 Smith Blair 317-143214-000 EA 12 $ 1,740.00 $ 1,739.28 Or equivalent $ 145.00 $ 144.94 Service Saddle 16"x1"Tap 24 Smith Blair 317-00178008-000 EA 6 $ 1,062.00 $ 1,054.08 Or equivalent $ 177.00 $ 175.68 Service Saddle 16"x1.5"Tap 25 Smith Blair 317-00178012-000 EA 6 $ 1,128.00 $ 1,141.98 Or equivalent $ 188.00 $ 190.33 Service Saddle 16"x2"Tap 26 Smith Blair 317-00178014-000 EA 6 $ 1,152.00 $ 1,141.98 Or equivalent $ 192.00 $ 190.33 Service Saddle 20"x2"Tap 27 Smith Blair 317-00216014-000 EA 4 $ 1,143.00 $ 1,134.32 Or equivalent $ 285.75 $ 283.58 Service Saddle 36"x2"Tap 28 Smith Blair 366-00377214-000 EA 20 $ 11,615.00 $ 11,735.80 Or equivalent $ 580.75 $ 586.79 Service Saddle 18"x2"Tap 29 Smith Blair 317-00195014-00 EA 20 $ 5,009.00 $ 4,965.00 Or equivalent $ 250.45 $ 248.25 Service Saddle 14"x2"Tap 30 Smith Blair 317-156514-000 EA 20 $ 3,160.00 $ 3,140.60 Or equivalent $ 158.00 $ 157.03 Service Saddle 16"x2"Tap 31 Smith Blair 317-189514-000 EA 20 $ 4,130.00 $ 4,172.40 Or equivalent $ 206.50 $ 208.62 Service Saddle 8"x2"Tap 32 Smith Blair 372-090514-000 EA 20 $ 2,465.00 $ 2,444.60 Or equivalent $ 123.25 $ 122.23 Service Saddle 10"x2"Tap 33 Smith Blair 372-111014-000 EA 20 $ 2,590.00 $ 2,569.60 Or equivalent $ 129.50 $ 128.48 Service Saddle 12"x2"Tap 34 Smith Blair 372-132014-000 EA 20 $ 2,720.00 $ 2,713.80 Or equivalent $ 136.00 $ 135.69 Service Saddle 16"x2"Tap 35 Smith Blair 372-1740014-000 EA 20 $ 3,280.00 $ 3,246.40 Or equivalent $ 164.00 $ 162.32 Service Saddle 4"x2"Tap Sch 40 36 Smith Blair 315-045514-000 EA 20 $ 980.00 $ 980.20 Or equivalent $ 49.00 $ 49.01 Service Saddle 6"x1"Tap 37 Smith Blair 317-0076008-000 EA 100 $ 7,750.00 $ 7,741.00 Or equivalent $ 77.50 $ 77.41 Service Saddle 6"x1.5"Tap 38 Smith Blair 317-0076012-000 EA 100 $ 8,400.00 $ 8,407.00 Or equivalent $ 84.00 $ 84.07 Service Saddle 6"x2"Tap 39 Smith Blair 317-0076014-000 EA 100 $ 9,300.00 $ 9,277.00 Or equivalent $ 93.00 $ 92.77 Service Saddle 8"x1"Tap 40 Smith Blair 317-00101008-000 EA 100 $ 9,150.00 $ 9,145.00 Or equivalent $ 91.50 $ 91.45 Service Saddle 8"x1.5"Tap 41 Smith Blair 317-00101012-000 EA 100 $ 10,000.00 $ 9,897.00 Or equivalent $ 100.00 $ 98.97 Service Saddle 8"x2"Tap 42 Smith Blair 317-00101014-000 EA 100 $ 10,750.00 $ 10,798.00 Or equivalent $ 107.50 $ 107.98 TOTAL $ 146,240.00 $ 146,408.58 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 SC G� > SUPPLY AGREEMENT NO. 5322 U Service Saddle Taps fhaaaoRp 1852 THIS Service Saddle Taps Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Core & Main LP ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Service Saddle Taps in response to Request for Bid No. 5322 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Service Saddle Taps in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $146,240.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Robert Presnell Department: CCW Phone: (361 ) 826-1750 Email: RobertPr@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Robert Presnell Title: Stores Supervisor Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 Fax: N/A IF TO CONTRACTOR: Core & Main LP Attn: Paul D. Rodriguez Title: Branch Operations Manager Address: 6941 Leopard Street, Corpus Christi, Texas 78409 Phone: 361-289-1388 Fax: (361) 289-2660 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3691381 E6-13351-4A1 9-ACA6-DCA2569E4043 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81 E6-B351-4A1 9-ACA6-DCA2569E4043 CONTRACTOR DOCUSigned by: Signature: LP�'"� V. rdyir_,� Printed Name: Paul D. Rodriguez Title: Branch Operations Manager Date: 12/4/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 5322 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 Attachment A - Scope of Work 1.1 General Requirements/Background Information A. The Contractor shall provide saddle service taps as outlined in this Scope of Work. B. Saddles are used in the city water lines to tap into mains in order to supply water to new homes, businesses, and other areas. C. Use of a saddle allows installation of new piping into existing mains while the lines are live, keeping pipeline shutdowns limited and allows for good customer service to existing clients. 1.2 Scope of Work A. The Contractor shall provide saddle taps in various sizes as shown on the bid form. B. The Contractor shall provide supply items within 14 days. C. All material shipped will be delivered with an accompanying delivery ticket listing the City stock number. D. The Contractor shall not impose a minimum order. The City will be able to order any amount at any time. E. The current manufacturer's name and product number are included on the bid form as a reference. 1.3 Contractor Quality Control and Superintendence All Water System Supply Pipes will be defect free, properly packed and shipped to ensure safe delivery. 1.4 Special Instructions A. Ordering and Delivery 1 . The City will place an order on an as needed basis. 2. The Contractor shall ship the materials within 2 weeks of received order to the (CCW) Warehouse, located at 2726 Holly Rd., Corpus Christi, Texas 78415. 3. All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. Revised 1 1.30.20 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 4. The Contractor must send technical data sheet along with the delivery of the material. The City will not accept any products that do not conform to the specifications. 5. If any items are found defective, unusable, or inoperable to the condition, the Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6. The Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor's inability to deliver the product within the set time frame. 7. Cancellations shall be in writing and sent to the Contractor by email, phone or mail. 8. No restocking fee or payment of any kind shall be owed for orders cancelled due to the Contractor's inability to meet the deadline delivery date. B. Defective Goods The contractor shall pay for return shipment on any products that arrive in a defective, unusable, or inoperable condition. The contractor must arrange for the return shipment of damaged products. Revised 1 1.30.20 DocuSign Envelope ID:3691381 E6-13351-4A1 9-ACA6-DCA2569E4043 mus ct�,�` Attachment B - Bid/Pricing Schedule CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM MCORPORA" 1852 RFB No. 5322 Service Saddle Taps PAGE 1 OF 3 Date: 11/06/2023 Authorized , j Bidder: Core & Main LP Signature: J 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 1 Model # Equal Total Item Description Unit Year Unit Unit Qty. Price Price Price Service Saddle 2"x .75" Tap 39.80 597.00 1 Smith Blair 315-0025606-000 EA 15 orequivalent Service Saddle 2"xl" Tap-CT 39.80 398.00 2 Smith Blair 315-0021308-000 EA 10 Orequivalent Service Saddle 2"xl " Tap 39.80 1,194.00 3 Smith Blair 315-0025608-000 EA 30 Orequivalent Service Saddle 2.5"x I" Tap 40.75 815.00 4 Smith Blair 315-0029108-000 EA 20 Orequivalent DocuSign Envelope ID:3691381 E6-13351-4A1 9-ACA6-DCA2569E4043 Service Saddle 3"xl" Tap 41.45 414.50 5 Smith Blair 315-0035408-000 EA 10 Orequivalent Service Saddle 4"xl" Tap 39.75 397.50 6 Smith Blair 315-0048008-000 EA 10 Or equivalent Service Saddle 4"xl" Tap 40.19 803.80 7 Smith Blair 315-0056308-000 EA 20 Orequivalent Service Saddle 4"x1 .5" Tap 50.00 500.00 8 Smith Blair 315-0056312-000 EA 10 Orequivalent Service Saddle 4"x2" Tap 50.00 500.00 9 Smith Blair 315-0056314-000 EA 10 Orequivalent Service Saddle 24"x2" Tap 325.00 975.00 10 Smith Blair 317-00258014-000 EA 3 Orequivalent Service Saddle 24"x1:5" Tap 325.00 975.00 11 Smith Blair 317-00258012-000 EA 3 Orequivalent Service Saddle 24"x2" Tap 359.00 1,077.00 12 Smith Blair 362-00285014-000 EA 3 Orequivalent Service Saddle 6"xl" Tap 45.90 13,770.00 13 Smith Blair 315-0076008-000 EA 300 Orequivalent Service Saddle 6"x1.5" Tap 55.00 1,320.00 14 Smith Blair 315-0076012-000 EA 24 Orequivalent Service Saddle 6"x2" Tap 53.80 1,291.20 15 Smith Blair 315-0076014-000 EA 24 Orequivalent Service Saddle 8"xl" Tap 54.50 16,350.00 16 Smith Blair 315-00101008-000 EA 300 Orequivalent Service Saddle 8"xl.5" Tap 66.00 1,188.00 17 Smith Blair 315-00101012-000 EA 18 Orequivalent Service Saddle 8"x2" Tap 66.00 1,188.00 18 Smith Blair 315-00101014-000 EA 18 Orequivalent Service Saddle 10"xl" Tap 110.00 1,320.00 19 Smith Blair 317-00121208-000 EA 12 Orequivalent Service Saddle 10"x2" Tap 127.00 762.00 20 Smith B.lair 317-00121214-000 EA 6 DocuSign Envelope ID:3691381 E6-13351-4A1 9-ACA6-DCA2569E4043 Or equivalent Service Saddle 12"xl" Tap 70.00 1,260.00 21 Smith Blair 315-00143208-000 EA 18 Orequivalent Service Saddle 12"x1.5" Tap 135.00 1,620.00 22 Smith Blair 317-001432012-000 EA 12 Orequivalent Service Saddle 12"x2" Tap 145.00 1,740.00 23 Smith Blair 317-143214-000 EA 12 Orequivalent Service Saddle 16"xl" Tap 177.00 1,062.00 24 Smith Blair 317-00178008-000 EA 6 Orequivalent Service Saddle 16"x1.5" Tap 188.00 1,128.00 25 Smith Blair 317-00178012-000 EA 6 Orequivalent Service Saddle 16"x2" Tap 192.00 1,152.00 26 Smith Blair 317-00178014-000 EA 6 Orequivalent Service Saddle 20"x2" Tap 285.75 1,143.00 27 Smith Blair 317-00216014-000 EA 4 .Orequivalent Service Saddle 36"x2" Tap 580.75 11,615.00 28 Smith Blair 366-00377214-000 EA 20 Orequivalent Service Saddle 18"x2" Tap 250.45 5,009.00 29 Smith Blair 317-00195014-00 EA 20 Or equivalent Service Saddle 14"x2" Tap 158.00 3,160.00 30 Smith Blair 317-156514-000 EA 20 Orequivalent Service Saddle 16"x2" Tap 206.50 4,130.00 31 Smith Blair 317-189514-000 EA 20 Orequivalent Service Saddle 8"x2" Tap 123.25 2,465.00 32 Smith Blair 372-090514-000 EA 20 Orequivalent Service Saddle 10"x2" Tap 129.50 2,590.00 33 Smith Blair 372-111014-000 EA 20 Orequivalent Service Saddle 12"x2" Tap 136.00 2,720.00 34 Smith Blair 372-132014-000 EA 20 Orequivalent Service Saddle 16"x2" Tap 164.00 3,280.00 35 Smith Blair 372-1740014-000 EA 20 Orequivalent DocuSign Envelope ID:3691381 E6-13351-4A1 9-ACA6-DCA2569E4043 Service Saddle 4"x2" Tap Sch 40 49.00 980.00 36 Smith Blair 315-045514-000 EA 20 Orequivalent Service Saddle 6"xl" Tap 77.50 7,750.00 37 Smith Blair 317-0076008-000 EA 100 Orequivalent Service Saddle 6"x1.5" Tap 84.00 8,400.00 38 Smith Blair 317-0076012-000 EA 100 Orequivalent Service Saddle 6"x2" Tap 93.00 9,300.00 39 Smith Blair 317-0076014-000 EA 100 Orequivalent Service Saddle 8"xl " Tap 91.50 9,150.00 40 Smith Blair 317-00101008-000 EA 100 Orequivalent Service Saddle 8"xl .5" Tap 100.00 10,000.00 41 Smith Blair 317-00101012-000 EA 100 Orequivalent Service Saddle 8"x2" Tap 107.50 10 750.00 42 Smith Blair 317-00101014-000 EA 100 Orequivalent IWO Correct price $ 146,240.00 DS Pr DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 ATTACHMENT C: NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts - Supply Agreements - Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2023 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts - Supply Agreements - Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals O1/01 /2023 Risk Management - Legal Dept. Page 1 of 1 DocuSign Envelope ID:369B81E6-B351-4A19-ACA6-DCA2569E4043 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziak(a)-cctexas.com 361-826-7202 Agreement with the Coastal Bend Air Quality Partnership for an Air Quality Programs Agreement CAPTION: Resolution authorizing a one-year agreement with two additional one-year options with Coastal Bend Air Quality Partnership for an Air Quality Programs Agreement to address issues related to air quality in an amount of$25,000 annually with funding for FY2024 from the General Fund Budget. SUMMARY: The Coastal Bend Air Quality Partnership, a Texas nonprofit corporation, (formerly the Corpus Christi Air Quality Group) will work closely with the City Manager and designees as well as area stakeholders in addressing issues related to air quality to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. This Agreement is for one year commencing on January 1, 2024, and shall continue until December 31, 2024 BACKGROUND AND FINDINGS: Since 1995, the stakeholders within the Corpus Christi Urban Airshed, comprised of both Nueces and San Patricio Counties, have collaborated diligently to maintain the attainment of the National Ambient Air Quality Standard for Ozone. The current standard is 70 ppb and the airshed's three- year running average is below 50 ppb. The proposed participants in the Corpus Christi Air Quality Partnership (CBAQP) include local and county government, business and industry, local universities, public agencies, the regional planning organization, the military, and news media representatives. This Agreement formalizes the parties' joint mission to lead efforts to achieve and maintain a healthier environment for the enjoyment of residents and visitors to the City. The Agreement provides for an annual payment of $25,000 to CBAQP for services provided. The two additional one-year options will be dependent on funding availability each year. CBAQP agrees to provide the City of Corpus Christi with the following deliverables: 1. Work in conjunction with the Corpus Christi — Nueces County Public Health District to conduct an annual Air Quality and Public Health awareness campaign in association with Air Quality Awareness Week. Coordinate with the City of Corpus Christi Communications Department on the promotion of Air Quality Awareness Week activities, including press releases and information for social media promotions to advance regional dialogues about the effects of air quality on health, environment, economy, and overall quality of life. 2. Promote voluntary air quality improvement measures and emission reducing activities and include at a minimum, three press releases per quarter to the media and the CBAQP social media. 3. Propose, promote, and implement programs for monitoring air quality in Corpus Christi and provide City Mayor and Council a mid-annual and annual brief on the status of Coastal Bend air quality and the status of EPA's review of non-attainment standards. 4. Recognize City as a supporter of the Coastal Bend Air Quality Partnership and work closely with City and area stakeholders in addressing issues related to air quality to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. 5. The CBAQP will continue the outreach efforts and develop and disseminate the "End of Season" and Annual Reports as part of the community awareness process. 6. CBAQP meetings will be held a minimum of 4 times a year with additional meetings held as needed. Typical scheduling of meetings will be April (the beginning of ozone season), July (mid ozone season), October (end of ozone season) and December (end of year). 7. A report re-capping information presented, and issues stated at each meeting along with a copy of the attendee sheet will be provided to the CC- NCPHD and City IGR Department within 14 days of the meeting. 8. Ozone season and ozone standard briefings will be made to elected officials, community, and business groups as needed and coordinate with partner entities to issue public alerts on ozone alert days. 9. An "end-of-ozone season" report, including ozone trending for the year and impact in the following year, will be submitted to the City of Corpus Christi's CC-NCPHD and IGR Departments by December 15th each year. 10.An Ozone Advance Annual Report will be submitted to the U.S. EPA that includes Corpus Christi initiatives to reduce ozone forming emissions will be coordinated by the Chair, with approval and coordination of the Group, and submitted to the U.S. EPA by December 31st of each year. 11. CBAQP will provide oversight and reporting of Ozone Advance activities for each year thereafter. 12.The CBAQP shall provide quarterly executive summary reports to the City's CC-NCPHD and IGR Department directors as well as the City's designated Assistant City Manager. The reports should summarize the activities included in the terms of the contract and the progress made. Any deviations from the scope of work must be included The quarterly reports should include copies of all monthly financial statements. The reports are due April 14, July 14, October 14, and January 14. The final report must summarize activities carried out per the contract, all accomplishments, and any deviations. 13. Serve as a consultant for media events for the Public Health District. 14. Provide daily reports on Air Quality to the CC-NCPHD director and designated Assistant City Manager and serve as an Air Quality subject matter expert during prescribed burns, prescribed fires, or natural wildfires when they occur within Nueces or San Patricio County. 15.Upon the City's request, the CBAQP agrees to make any and all financial records available for review. ALTERNATIVES: The alternative is to not approve the agreement which would result in forfeiture of the City of Corpus Christi Mayor's voting seat on the Board of Directors and policymaking influence. FISCAL IMPACT: The funding source for the agreement and accompanying deliverables will be through General Fund 1020 for FY 24 in the amount of$25,000. FUNDING DETAIL: Fund: 1020 Organization/Activity: 44 Mission Element: 12641 Project # (CIP Only): N/A Account: 530000 Amount: $25,000 RECOMMENDATION: Approval of the agreement. LIST OF SUPPORTING DOCUMENTS: Resolution Coastal Bend Air Quality Partnership Agreement Contract COF Presentation Resolution authorizing a one-year agreement with two additional one- year options with Coastal Bend Air Quality Partnership for an Air Quality Programs Agreement to address issues related to air quality in an amount of$25,000 annually beginning with funding for FY24 from General Fund 1020. Whereas, the Coastal Bend Air Quality Partnership (formerly the Corpus Christi Air Quality Group) was established in 1995 when Corpus Christi was very close to violating ozone air quality standards set forth by the Environmental Protection Agency (EPA); Whereas, the Coastal Bend Air Quality Partnership (a Texas 501(c)(3) nonprofit corporation) works to stay abreast of local ozone levels, seek funding for air quality programs, and identify and implement programs best suited to reduce ozone-causing emissions in our air. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Manager or designee is authorized to execute a one-year agreement with two additional one-year options with Coastal Bend Air Quality Partnership for Air Quality Program to address issues related to air quality. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary AIR QUALITY PROGRAMS AGREEMENT Whereas, the Coastal Bend Air Quality Partnership (formerly the Corpus Christi Air Quality Group)was established in 1995 when Corpus Christi was very close to violating ozone air quality standards set forth by the Environmental Protection Agency (EPA). Whereas,the purpose of the Partnership and its activities is to keep Nueces and San Patricio County air healthy and in compliance with EPA standards through voluntary measures; and Whereas, the Partnership works to stay abreast of local ozone levels, seek funding for air quality programs, and identify and implement programs best suited to reduce ozone- causing emissions in our air. This Air Quality Programs Agreement ("Agreement") is made and entered into effective as of January 1,2024 (the"Effective Date"),by and between the City of Corpus Christi ("City") and the COASTAL BEND AIR QUALITY PARTNERSHIP ("CBAQP"), a Texas 501(c)(3) nonprofit corporation. In consideration of the mutual covenants, rights, and obligations set forth herein and the benefits to be derived therefrom,the receipt and sufficiency of which each party acknowledges, the parties agree as follows: 1. Term. This Agreement is for one year commencing on the Effective Date and shall continue until December 31, 2024. The term includes an option to extend for up to two additional one-year periods subject to appropriations per Section 10. 2. Programs, Projects, Activities. During the term of this Agreement, the CBAQP agrees to provide to or on behalf of City, the projects, programs and/or related activities described in (Exhibit A) in accordance with the terms and conditions of this Agreement. 3. Consideration. In consideration of the Financial Agreement to be provided hereunder,the City agrees to pay the CBAQP $25,000 annually. The CBAQP agrees that any funds paid to it pursuant to this Agreement will be utilized solely for the purpose of providing CBAQP projects, programs and activities identified in this agreement. 4. Annual Report. On an annual basis, the CBAQP shall submit to the City a written activity report (the "Activity Report") of its accomplishments for that particular year. Except as otherwise provided in this Section,the form of the Activity Report shall include, at a minimum, a narrative summary of the projects, programs and activities rendered during the year, and an annual financial statement including year-to-date expenditures incurred by the CBAQP in providing the projects,programs, and activities. 5. Records. The CBAQP shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, and invoices evidencing the expenditure of all funds received by the CBAQP pursuant to this Agreement. The CBAQP agrees to maintain proper accounting 1 records reflecting the receipt and expenditure of funds paid to it by City pursuant to this Agreement in sufficient detail that a reasonable person could, from a review of such records, determine how all such funds were expended. Upon written request to do so, the CBAQP shall give the City or its duly authorized representatives, at any reasonable time or times, access to all books, accounts, records, files, or other papers belonging to or used by the CBAQP in connection with its performance of programs and activities. Failure to provide access to the foregoing documents shall constitute a breach of this Agreement by the CBAQP. The CBAQP agrees to keep in its possession for at least three(3)years after the termination of this Agreement all of the records described in this Section. 6. Performance Review. City may conduct a performance review on a semi-annual basis to evaluate the CBAQP's compliance with the provisions of this Agreement. 7. Early Termination. City shall have the right to terminate this Agreement any time if City determines that the CBAQP has breached or otherwise failed to comply with any terms of this Agreement. City shall give the CBAQP written notice of such termination at least thirty (30) days prior to the date of such termination. The notice shall include the reasons for such termination and the effective date of the termination. 8. Coordination of Services by City. City shall designate an Agreement Representative who will, on behalf of City, coordinate with the CBAQP and administer this Agreement. It shall be the responsibility of the CBAQP to coordinate all assignment-related activities with the Agreement Representative or Designee. For the purposes of this Agreement,the Agreement Representative shall be: Dr. Fauzia Khan, MBBS, MPH, CPM Public Health Director 1702 Horne Road Corpus Christi, Texas 78416 Office: (361) 826-7202 fauziak2cctexas.com City may change the Agreement Representative at any time by giving the CBAQP written notice of such change. 9. Notices. All notices given pursuant to this Agreement shall be in writing, and if sent by mail shall be sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service, or email as addressed below: If to City: Corpus Christi-Nueces County Public Health District Dr. Fauzia Khan, MBBS, MPH, CPM Public Health Director 1702 Horne Road Corpus Christi, Texas 78416 Office: (361) 826-7202 fauziakgcctexas.com 2 If to the CBAQP: Sharon Bailey Murphy, MPA, CHMM, REM Executive Director Coastal Bend Air Quality Partnership 1305 N. Shoreline Blvd. Suite 220 Corpus Christi TX 78401-1537 Sharonrn@0cbagp.org 361-299-0047 Other addresses may be designated in writing from time to time. All notices sent by certified mail are deemed received on the third business day after mailing. All notices sent by overnight delivery are deemed received on the next business day after being sent. All notices sent by facsimile or electronic transmission are deemed received on the day sent. Any party may change its address by giving notice to all other parties as set out herein. 10.Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually,is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Such termination shall be without penalty to the City,and without any right or recourse to the CBAQP. 11.No Conflict of Interest. City and CBAQP each state independently that to the best of its knowledge, no member of City nor any officer, employee, or agent of City who will exercise any function or responsibility in connection with the carrying out of the provisions of this Agreement has any personal financial interest, direct or indirect, in this Agreement. 12.No Joint Enterprise or Liability. The parties do not intend, by entering into this Agreement, to create a partnership or joint enterprise with each other, and City shall at no time be responsible or liable for the acts of the CBAQP or the CBAQP's agents or employees. In no event shall City be liable(i) for the performance of any contracts made by the CBAQP with any other person or entity or (ii) for any damages, injuries, or losses charged to or adjudged against the CBAQP arising from its operations or the use or maintenance of its facilities. The CBAQP will be responsible for all costs and expenses incurred by it in providing the projects, programs, and activities hereunder, and City shall be under no obligation to provide any additional funding or incur any other costs or expenses in connection with the projects, programs, and activities beyond the Contract Amount. 13. Indemnity. The CBAQP agrees to defend, indemnify, and hold harmless City, employees and representatives for any claims or losses of any kind incurred by any of them because of or arising out of the projects, programs and activities performed by the CBAQP pursuant to this Agreement. 3 14. Confidential Information.The CBAQP agrees that any information given to the CBAQP by City concerning the financial or other affairs of City while in pursuit of the CBAQP's obligations under this Agreement will be held by the CBAQP in confidence and will not be revealed to any other person, entity,or governmental body without the express written consent of City. 15. Severability. If any provision of this Agreement is held to be invalid, unconstitutional,or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held to be invalid, unconstitutional, or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid, unconstitutional, or unenforceable. 16.No Waiver of Rights. It is understood and agreed that no failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power, or privilege under this Agreement. 17. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action brought under this Agreement lies in San Patricio or Nueces County, Texas, exclusively. 18.Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute but one and the same agreement. 19.Assignments and Successors. No party may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other party. Subject to the preceding sentence, this Agreement will apply to and be binding in all respects on and inure to the benefit of the successors and permitted assigns of the parties. 20.Headings. The titles and headings in this Agreement are used only for reference, and in no way define or limit the scope or intent of a provision of this Agreement. 21. Compliance with Applicable Laws. The CBAQP agrees to comply with all applicable federal, state, and local laws and regulations while performing its projects, programs, and activities. 22.No Organizational Conflict of Interest.The CBAQP hereby certifies that it has no actual or potential Organizational Conflict of Interest. "Organizational Conflict of Interest" means that because of other activities or relationships with other persons or entities,the CBAQP is unable or potentially unable to render impartial services to the City or the CBAQP's objectivity in performing the services under this Agreement is or might otherwise be impaired. An "Organizational Conflict of Interest" also exists if an owner, director, manager, trustee, or employee of the CBAQP publicly opposes, works against, or takes a position adverse to the project, permit, or objectives for which the CBAQP is engaged hereunder. CBAQP agrees to immediately notify the City of any actual or potential Organizational Conflict of Interest that 4 develops or occurs during the term of this Agreement. City may terminate this Agreement immediately if it becomes aware of any Organizational Conflict of Interest during the term of the Agreement. 23.Entire Agreement and Modification. This Agreement supersedes all prior agreements between the parties with respect to its subject matter. This Agreement constitutes a complete and exclusive statement of the terms of the agreement between the parties with respect to the subject matter of this Agreement. There are no written or oral representations or understandings that are not fully expressed in this Agreement. This Agreement may not be amended, supplemented, or otherwise modified exceptby written agreement executed by the parry to be charged with the change. IN WITNESS WHEREOF, City and CBAQP, acting under the authority of their respective governing bodies,have caused this Agreement to be executed by their duly authorized representatives on the dates set forth below,but effective for all purposes as of the Effective Date. City of Corpus Christi Coastal Bend Air Quality Partnership Peter Zanoni Sharon Bailey Mu hy,MPA, 66MM, REM City of Corpus Christi Coastal Bend Air Quality Partnership City Manager Executive Director Date: Date: November 30, 2023 Approved as to form: Buck Brice Deputy City Attorney For City Attorney 5 EXHIBIT A SERVICES AND RELATED ITEMS The projects, programs and activities provided to City by the CBAQP consist of the projects, programs, and activities that seek to protect Coastal Bend's air quality and its attainment of National Ambient Air Quality Standards (NAAQS) established by the United States Environmental Protection Agency, which would be advantageous to the future growth and vitality for City and benefit the public welfare in Nueces and San Patricio Counties and shall include the following: 1) Work in conjunction with the Corpus Christi —Nueces County Public Health District to conduct an annual Air Quality and Public Health awareness campaign in association with Air Quality Awareness Week. Coordinate with the City of Corpus Christi Communications Department on the promotion of Air Quality Awareness Week activities, including press releases and information for social media promotions to advance regional dialogues about the effects of air quality on health, environment, economy, and overall quality of life. 2) Promote voluntary air quality improvement measures and emission reducing activities and include at a minimum, three press releases per quarter to the media and the CBAQP social media. 3) Propose, promote, and implement programs for monitoring air quality in Corpus Christi and provide City Mayor and Council a mid-annual and annual brief on the status of Coastal Bend air quality and the status of EPA's review of non-attainment standards. 4) Recognize City as a supporter of the Coastal Bend Air Quality Partnership and work closely with City and area stakeholders in addressing issues related to air quality to promote local actions to reduce ozone precursors in the community and continue to maintain National Ambient Air Quality Standards for ozone. 5) The CBAQP will continue the outreach efforts and develop and disseminate the End of Season and Annual Reports as part of the community awareness process. 6) CBAQP meetings will be held a minimum of 4 times a year with additional meetings held as needed. Typical scheduling of meetings will be April (the beginning of ozone season), July (mid ozone season), October (end of ozone season) and December (end of year). 7) A report re-capping information presented,and issues stated at each meeting along with a copy of the attendee sheet will be provided to the CC-NCPHD and City IGR Department within 14 days of the meeting. 8) Ozone season and ozone standard briefings will be made to elected officials, community, and business groups as needed and coordinate with partner entities to issue public alerts on ozone alert days. 9) An "end-of-ozone season" report, including ozone trending for the year and impact in the following year, will be submitted to the City of Corpus Christi's CC-NCPHD and IGR Departments by December 15th each year. 10)An Ozone Advance Annual Report will be submitted to the U.S. EPA that includes Corpus Christi initiatives to reduce ozone forming emissions will be coordinated by the Chair, with 6 approval and coordination of the Group, and submitted to the U.S. EPA by December 31st of each year. 11)CBAQP will provide oversight and reporting of Ozone Advance activities for each year thereafter. 12)The CBAQP shall provide quarterly executive summary reports to the City's CC-NCPHD and IGR Department directors as well as the City's designated Assistant City Manager. The reports should summarize the activities included in the terms of the contract and the progress made. Any deviations from the scope of work must be included. The quarterly reports should include copies of all monthly financial statements. The reports are due April 14, July 14, October 14, and January 14. The final report must summarize activities carried out per the contract, all accomplishments, and any deviations. 13)Serve as a consultant for Public Health District media events related to Air Quality. 14)Provide daily reports on Air Quality to the CC-NCPHD director and designated Assistant City Manager and serve as an Air Quality subject matter expert during prescribed burns, prescribed fires, or natural wildfires when they occur within Nueces or San Patricio County. 15)Upon the City's request,the CBAQP agrees to make any and all financial records available for review. End of Exhibit 7 Resolution Resolution authorizing a one-year agreement with two additional one-year options with Coastal Bend Air Quality Partnership for a Air Quality Programs Agreement to address issues related to air quality in an amount of $25,000 annually beginning with funding for FY24 from General Fund 1020. City Council December 12, 2023 Coastal Bend Air Quality Partnership Mission History: Voluntary group established in 1995 to address threat of non-attainment of ozone standards. Mission: To Protect the Coastal Bend's air quality and inspire all emission sources to strive for performance targets beyond general compliance through research, education, and the development and distribution of guidance documents, recommendations, and tools for emission-reducing activities. City Council December 12, 2023 Coastal Bend Air Quality Community Health & Economic Impact Community Health Impact: Ozone that is close to the ground can be detrimental to our health. Long-term exposure to ground-level ozone is linked to asthma and other respiratory illnesses, particularly in children and the elderly. • Children spend more time outdoors and their lungs are still developing • Elderly may have a weakened respiratory system that is more sensitive to ground-level ozone Economic Impact: Attainment areas Air quality attainment is met when air quality in a geographic area meets or is cleaner than the national standard. • Attainment of air quality standards influences industrial site selection Industries located in attainment area experience lower costs associated with the following: • Permitting • Compliance requirements • Fewer control measures City Council December 12, 2023 Coastal Bend Air Quality Nonattainment Impact Nonattainment Impact: Nonattainment areas do not meet the air quality national standard. Not complying with EPA standards for ground-level ozone will result in higher costs associated with the following: • Increased regulations • Increased restrictions • Loss of funding Due to possible loss of Federal funding for noncompliance the following impacts may occur: • Decrease in construction activities • Decrease or cancelled expansion for area businesses • Increased required transportation accommodations • Increase in additional permitting requirements Citizens of Nueces and San Patricio counties would see an increase of$1,115—$3,299 annually in their cost of living for a minimum of 23 years. City Council December 12, 2023 Impacts to Air Quality Partnership Impacts to air quality: On-road vehicles: • 1/3 total ozone precursors Business and Industry- 1/3 ndustry:1/3 total ozone precursors x Off-road engines- 1/3 ngines:1/3 total ozone precursors City Council December 12, 2023 2004 - 2022 Ozone Levels Coastal Bend Air ualit 2022 RESULTS: Q Y OUR AIR QUALITY REMAINS WELL WITHIN Partnership 2022 Ozone COMPLIANCE LEVELS OF OZONE Levels: 811 80 EPA 14AAQS for Ozone 2022 Ozone Compliance 75 Levels well below EPA NAAQS hazardous air quality zone. 60 55- �o zoc zum zone mol —1 mei Q12 2— .iia r my —8 znxe mm mz_ mzz Vear Corpus Chnni urban airshed 3-year rolling averag—f tourth highest oa—ncentration CAMS O4 Corpus Christi urban abshed 3-year rolling average of fourth highest ozone wncentratlan CAMS 21 EPA NAADS for O—o City Council December 12, 2023 Coastal Bend Air Quality Deliverables Coastal Bend Air Quality Deliverables: • Recognize City as a supporter of the Coastal Bend Air Quality Partnership. • Conduct an annual Air Quality and Public Health awareness campaign and provide daily reports on Air Quality. • Promote voluntary air quality improvement measures and emission reducing activities and implement programs for monitoring air quality in Corpus Christi. • The CBAQP will develop and disseminate the "End of Season" and Annual Reports. • CBAQP meetings will be held a minimum of 4 times a year with additional meetings held as needed. • Ozone season and ozone standard briefings will be made to elected officials, community, and business groups. • Serve as a Serve as a consultant for media events for the Public Health District. • CBAQP shall provide quarterly executive summary reports that are due by April 14, July 14, October 14, and January 14. • An"end-of-ozone season" report,by December 15th each year. • An Ozone Advance Annual Report will be submitted by December 31st of each year. • CBAQP agrees to make any and all financial records available for review. City Council December 12, 2023 Background and Staff Recommendation Coastal Bend Air Quality partnership is part of the FY24 Enhancements that were approved by City Council. FISCAL IMPACT: The funding source for the agreement and accompanying deliverables will be through General Fund 1020 for FY 24 in the amount of$25,000. STAFF RECOMMENDATION: Approval of the agreement. City Council December 12, 2023 ,SUS G� 011 v AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for City Council on 12/12/2023 CoRPORPIg4 1852 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with Dorsal Development, LLC for water improvements for Queen's Crossing Unit 2. CAPTION: One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: Dorsal Development, LLC is developing 103.015 acres and is requesting funds to construct a new water arterial transmission and grid main line improvements associated with the development. The estimated one-time cost of the improvements is $285,914.93. BACKGROUND AND FINDINGS: The Developer, Dorsal Development, LLC, has requested reimbursement through a reimbursement agreement for the 19.747-acre subdivision named Queen's Crossing Unit 2, located south of the Cimarron Blvd and Lens Dr intersection near Oso Parkway. Queen's Crossing Unit 2 plat was approved by the Planning Commission on October 5, 2022. The development, located south of the Cimarron Blvd and Lens Dr. intersection, plans on 19.747 acres including street dedications. Construction consists of installing 1,881 liner feet of 12-inch PVC water line to supply water to the proposed development. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Gris Main Trust Construction Standards. Project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1 .C. ALTERNATIVES: This project will improve and facilitate development of the new Queen's Crossing Unit 2 Subdivision. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost less water lot/acreage fee of $20,104.25 for the Water Arterial Transmission and Grid Main improvements is $285,914.93. This agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission and Grid Main Construction to reimburse the developer per the agreement. 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 Certification of Funds Location Map One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 5, 2022, to develop a tract of land, approximately 19.747 acres known as Queen's Crossing Unity 2 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("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; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, 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; WHEREAS, execution of the 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 that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be eighth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, 1 THAT: 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 LSK Development, LLC ("Developer'), for the installation of a 12-inch water line, including all related appurtenances, for the development of Queen's Crossing Unit 2 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & 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 $285,914.93 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $285,914.93 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. SECTION 6. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and 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. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 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 LSK Development, LLC ("Developer/Owner"), a Texas Limited Liability Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 5, 2022 to develop a tract of land, to wit: approximately 19.747 acres known as Queen's Crossing Unit 2 Subdivision located south of the Cimarron Blvd and Lens Dr intersection 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 ("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 Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. 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. 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. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 1 of 13 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. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. 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 Water Improvements, 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 REIMBURSABLE BY CITY ITEM DESCRIPTION CITY UNIT COST TOTAL 1 12" PVC PIPE 1881 LF $90.00 $169,290.00 2 12" GATE VALVE WITH BOX 4 EA $6,000.00 $24,000.00 3 12" EL,ANY ANGLE 7 EA $1,300.00 $9,100.00 4 12" TEE 8 EA $2,000.00 $16,000.00 5 12" X 6" REDUCER 1 EA $900.00 $900.00 6 6" PVC PIPE 31 LF $50.00 $1,550.00 7 6" X 30" PVC PIPE NIPPLE 3 EA $550.00 $1,650.00 8 6" 90° EL 1 EA $800.00 $800.00 9 6" GATE VALVE WITH BOX 2 EA $1,500.00 $3,000.00 10 FIRE HYDRANT ASSY 4 EA $6,500.00 $26,000.00 11 PAVEMENT PATCHING 1 LS $6,500.00 $6,500.00 SUBTOTAL $258,790.00 10% CONTINGINCIES $25,879.00 SUBTOTAL $284,669.00 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 13 7.5% ENGINEERING, SURVEYING, &TESTING 1 $21,350.18 SUBTOTALI $306,019.18 LESS WATER ACREAGE FEE, COMMERCIAL $(11,799.80) LESS WATER ACREAGE FEE, RESIDENTIAL $(8,304.45) TOTAL AMOUNT REIMBURSABLE $285,914.93 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water 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. REIMBURSEMENT a. The cost for the Water Improvements less $20,104.25 lot/acreage fee credit is $285,914.93. 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 Water Improvements up to an amount not to exceed $285,914.93 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 per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis 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 and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 13 The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. 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. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse 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 there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. 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 Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. 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: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 4 of 13 1. If to the Developer/Owner: LSK Development, LLC P.O. Box 8155 Corpus Christi, Texas 78468 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 may 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. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements 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. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and 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. 9. PLATTING FEES Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 13 Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or 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. 12. 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 by the 40th calendar day after the date of approval by 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 by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. 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 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. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 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 Developer/Owner by reducing the reimbursement amount due 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 Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that 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 equity for such default. 14. 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; epidemic; 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. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 7 of 13 16. 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, then 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 (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. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements 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. 19. 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 water service to the development, including injury, loss, or Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 13 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 attorneys 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 property regardless of whether or not that action was mandated by the federal, state or local government. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 This indemnity shall survive the expiration or earlier termination of the agreement. 20. 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. 21. DISCLOSURE OF INTERESTS 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 Interests form attached hereto as Exhibit 5. 22. 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 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.html. 23. 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 ittp://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 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. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 12 of 13 DEVELOPER/OWNER: LSK Development, LLC P.O. Box 8155 Corpus Christi, Texas 78468 By: Ata O. Azali Governing Person STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 20_7 by Ata O. Azali, Governing Person of LSK Development, LLC, a Limited Liability Company, on behalf of said Company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 13 of 13 Exhibit 1 S-E of— f NOFNU�E9 f 9rAre D re g e m IM ME .Dc.HDesY aRnn MAT ME MIS T I 1 IF ME ANO DwNtt DF NDmE9 a DR. ro n um m sA�OE ON uA x °� mPsaa �o Rim ND mwrs0 smms sx�nnc REEVE.—DEDlrnim,a°RmIF ME ME PUPo•Oses eN0 caNBDEwaIDxs MDSIx ExPREssm NOT u w MODE MEEM-ED,ARE HEREBY NRPOSE°F OMRImory 1 D orOEoln'cAnanmRL�n.eao MAr mis MIs ME_D4v IF ata o.Azw.FRESIDmr STATE or terns 4 . 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T COUNTY OF NUECES 1 n5 4x[EPTOxu'YON0Ebv51FR"AwnrFR5E USE MME CREEN. pAND S—PG1mMaim ME R—ND�IUIER I.—SKIDS,f1fRH OF ME COUNTY COUNT IN AND FOR SND CbJN1Y.DO HEREBY CEFFFY MM a9°YOxrKT RmRI-ON'•USE. 1. m B/e'IRON 11 nT—Lor c°RNERS UNLESS sx6Ym oMmv6S—"'I"N Plat approved by Planning Commission on ME FOREDDINO INSTRUMENT OOEO ME Qn OF 20_v6M ITS RIDSx Nx A AN n x Ix Ix. Cctobr.T 5,2022 CERnFN E OF AUMENN-ON,WAS BLED ENR RECORD IN MY OFFICE ME DAY OF PROURBIM 20 IT—I'——I..AND DULY ROGROED ME 'Reaulrm'r',�K I ffi' OU."walxcmTHi P"ER.M. aF'E o" ENI. DAY IF sD_Ar_°——N.In ME—RECORES DDNrNN9 12.393 DRE9 PIS 7.35, DRE9 INDmDIND STREETS.IN PLAT OF IF 9ND DDDNtt IN NE P DE NS—Mr NDMffR 9. 19.7,7,DRE9�VIFE PARHNA MR Lors IN 8—2 EHN.BE AT—ONS A9 QUEEN'S CROSSING UNIT 2 PU CxPom,ONµE�00 OF ME TEMS.TME COURT IN ANDMRWr Rm-ry AT D xE IN 9gvm In P, i. TWO NXTS of IMND,A 12.393 ACRE TFACT,MORE OR LESS.A PORTION of I S 17. IB,25 k 26.SECTION 22.FIAIUR BLUFF AND ENCII—FARM AND ORDER TRACTS A AND BY: <OUNIY.°reXl5CPN0 A"7.354POACR£TRACT.MORE ON 1LES .PoRIION aF L.N EE 19, FORMNAND 25,SND SECDON 22.IN T—19.747 ACHES OF AND.MONE OR LESS DEPUTY —SANOS,CLERK IF LE59,CORPUS CH—,9.AND NUE°ES 00,Tx5. •IN Dr 19.7'7 DR6 OF AND,MORE OR CORPUS CHRISTI, NUECES COUNTY, TEXAS —141 SDN ME—NdEwENT Hos emI EDMIw,TEO RroM n ca9sRNI1a cnr BASS & WELSH ENGINEERING -H SMI NumEs couxtt,rexws __=.Y 3054 S. ALAMEDA STREET ED N CORPUS CHRISTI, TEXAS 78404 ° B. .x. 6. rc z uEO , e r.` iso"'-1i x.'.i° �: — --- — ---- -- —JiQ" L—,z— — —i—, ---[O6— 11 J1.47"'6L°l8'4 'E 96 P P—---- ia ------ --- os z° 8 rx/u ism sF rees sF _ rs -_ na O n°o e�s9 SF ei,°ss e„°sF e°°°sF ^m i3i°3e s a O a4- Io WI s �� 3a w 79,91 SF z9 IQQI 2° _ l �77cJ P vE,ay. 2axs i, a,3 v 3sa — ——e — o• •9] 2°A� 3,68 R M°°• I°.°° 9.% 00 / `—P.F OSO RA—R— AY °�19 e \ � ' sss•�a m-E z°z.es O � �sEe wi•ia,rE 398.19- rs•uE ' ,p 8 _° M.1 641.P.282.°.x. o.R , 6II.I bII�L / ice` oLET I � llll \\ / CURVE DATA Orffi1 E°r 2s SECT z a EF s°r 0/ _ _1-10-31- O_- 17 ° 6 ccCBA2 '" a "E c7E lb CBT472-2�a E , 6 �\ r �_,°„ x=ffi,6 " °x=z1.�s °E —B6.17' " Cx z0.09-23-27-E x-i Zea a�2°, " 2° i it i \ •` \\\ \ \\ 5` :.° x,°..a" area: ,30 \ \ \\ \\ \\ k SCALE.t-60 PLAT OF �T QUEEN'S CROSSING UNIT 2 s/e xJ I I CORPUS CHRISTI, NUECES COUNTY,TEXAS .. ' -x2.s Pa \ BASS & WELSH ENGINEERING \ 3054 S. ALAMEDA STREET - CORPUS CHRISTI, TEXAS 78404 � I I ,.�'fi�s�l°=a] x.R. xfs¢ExT 9.6ST a u.Fa, ---� L------ ------J"'�------ ------�"1 S6l°L8'43" L.E 81 LL0'• �s•ic �s•u6 O 3 —— I�lElPG RoIxo SOL 9s3�F ¢zz3 T I of IIsn 7 ` SF` 1,3- 11496 96 SF 0,.]SF :]0 :966 SF ¢I ox,Ix.LE 0 TCxP.Ess.¢a r II ti 37 w 1 g l l 69,6 SF sem, F o g�� ��� �¢P3 sF I„I ]666 - --—J11 LE 6111 zs�� ,6]¢ i�0� �' III xrc 60: Ue:6xT ¢� 7311 SF ULTMITE T .6 _ I" ¢,00 SF w, i" p ,s„SF 7a�1���- Oxs �`SPY .sem Ili .6e SF \, a\ \ 6994 SF I O p 1 \ Zyy__------K— oN o5O a ae•'�/ 0 30' 60' l20' SCALE;1'=60' PLAT OF QUEEN'S CROSSING UNIT 2 CORPUS CHRISTI, NUECES COUNTY,TEXAS ITE PL.rrE.22 BASS a WELSH ENGINEERING -x] 3054 S. ALANEOA STREET CORPUS CHRISTI, TEXAS 78404 f° Exhibit 2 Reimbursement Agreement Application Date of Application: 11/14/23 Approved Plat Name: Queens Crossing Reimbursable Public Improvements: Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: Ownership and authorized signatories to enter into the agreement: Contact Information Name: Mona Serna E-mail address: office@ataliving.com Phone Number: 361-994-2850 Preferred Method of Contact: Email [X] Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: LSK Development LLC Company Address: P.O. Box 8155 Corpus Christi, TX 78468 Applicant's Signature & Title Submit Application Electronically to: contra ctsandagreements(a).cctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Exhibit 3 Plans and Specifications [PUBLEM MPIROMEMEHM SOD QUEEH's clRooMHO uHrr 2g C0IRIPUB CHIRMVV0 HUECE3 COD UH 11 9 V EKA3 �s!TEs- ""a` LEGEND ouewee ex1111111 ,�. nye awene�xennµe nMe. n re�xrew�r Powwrr awew�,��� .� .,m xox�amm. � LOCATION MA ne ra.rba«sewew a"�_�-wM x.aPa uNE NOTES s EE NDE FA PC RE "a" r�x�.onr W.n sex "" nN rmaoa,mrm,aa gx�xon aawaaa axaa °"`°'°"°w`M��`�°�`"°"°"°'s'a°'°`a° SHEET z ANo STORM scwcE PEOFILEA PUN.STREET IF "D FEESSIN IND PC ARE w�reem.�xg..xe n, SHEET 3 AND STORM SEWER PROFILES Pte'STREET SHEET E NIT 'yS AND Fer eN6 ae �m mww er m.woe o�aaso. .es er w.e. SHEET 5 SANITARY SEWER AND WCLNDER PUW APROFILE w„w w.w„a6 wre r.a.e.6 .orr eEn sr wamxuxa rix nw a women exs SHEET 6 STREET LIGHTING AND SIGNAGE PLAN,STORM WATER P—TION PRESENT IN PIN,RISE 11`1 IND EITIllE swna uxm SHEET J STREET LIGHTING AND SIGNAGE PLAN,STORM ANN DETAILS AND BASE MAPS CALL BEFORE YOU DIG! RELEASED FOR CONSTRUCTION SHEET e DETAILS.CITY STANDARD CITED, SITTER N u&AALR ETAILS .�.rwrmm mwnos are wo owew.wan wo are rwrs..�sro.x rewm w.om_ l�fiO r _ = GITTT AND SIDEWALu o �'��tiv 9I r SHEET A TIDIT SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS TRIANX LAP SLI ABASE SYSTEM o A. mmlr.PEScfN.cvM rraiwmr ew wo nu wmuiaxs raawo orrnwaw urnwm wnx nxars. ” meeMm vue eenn SHEET 10CITY WPIEDMONT MARKINGS AND STREET NAME BLADE SIGN DETAILS SHEET 11 Tx DOT TYPICAL SIGN EEOITIEEMENTS.TS1(4)-13 .ee r�wert��re� .rre mwme tiro SHEET 12 TYE MULTIPLE BOX CULVERTS.CAST IN PLACE.8'-0'SPAN. SHEET 13 TDAIT MILTIPLE 101 CAST IN PLACE,I D SHEET 14 1ITH ITIAIINT I.—LED Y MINIlml—M-11 V IDSIDI'Il_'�IXRVI�1_11 SHEET L I TOCOT PEDESTRIAN RAIL-TIRE PRIE SHEET 16 CITY STANDARD STORM WATER DETAILS rn sores wogs rev ms wrrr..wo swrrw rew , _ e suenunw raaxms mmixum.awos ewru.iw uxuxweewsiw tis Dam awnm wmaixaamo awnas "...mµe SHEET IT CITY STANDARD WASTE WATER DETAILS SHEET INDEED DITIIL C Ty WATER SHEET 20 STORM ACTED POLITHON PREVENTION PLAN A ES WEE arcnax a r«s�ws veau�am aw ur. er a ar amaa rxu vxs.m suxue.annrreoae ratio,me,o oa,eaume,ve 4 e. r ne..wrwz mu ne ercrco wno vwr<e+Ke oras"' a auros ax wr. .� a eu ruse wnw mnnwoiox wo w.eaxs w.0 s m Dam n.rom.e+�.e sr a mnrus wnini ixrwnn�.-rune as i tin rm�rewmwems uxas.mmol au oeeuex rxo snrniaz Arc nre tiro rmiwz ron when ones zwe uw nrxwnos '^<rxs a nrmm c roo. puaH.w,m..r on or rs zuamwn won.:.n..e manse or runxiz.ixe on mr,.nu+iw n muneee ww.on a ea oe ui s iiw°"n's°uro"e leen auras.mxw w�vn"ratios vrvnnav s[w[a rvoTFs s_ a mr a roewEeweexe for rune"""eouras9oprwezprwneo n xmesu"r raa as uasru�aw muru�w or�xa�nu ST TExAS]846 s i i e w i rme.o r..ixe tiro rme.o tires ron we a when. rcnnuw or ra. s.xe ee orae a.e9ow+eo..e eneeus.w rn..w 1e"%rsmwr wm. UA IR "TIP race.wwrx.exo..e em,or sow ww dao lou rn¢u„rxo e. w:en mne rrc.o ne ixsreem w..rwwso when uuz sen Osey .. um�uuu w.ee wre mxnwnm�..aena.a w..sr:...eMe saere..�e.s_ ewvse,o s 1 - �� 0/ vac - 11aa1 ..enss ops.,ea,.�e.eew,.mre.e,=,or..e ewn,.a.e exe wm oe/oT/zT MARK COVER SHEET AND MISCELLANEOUS—CREATION C` IF r ____ _ _______ ___ _ __�__e_ — --�_�-------- ay,.� oEVELOPE➢ �e.,�xu�z.x��,.�,�°zrv.�a� .'.., rvpl0x oP` a nRA�NA�E �� 5,00 a.ao rN 20 BE oxx 15 In @k°......x:x�°:x,�x.. °fir \ \ RELEASED FOR CONSTRUCTON I s. ..a W a v s wxnao- ,�z,a x,mnas o-nxe si o nn r.sz eo se... Q°sM•' owo 1s s x� „° IT .°. QUEENS CROSSING IN, NO 2 PROFILE PT,RKWT,l ENPll IH11111,N11111 11 11 AMPGE v SiREEi AINIIING SHOE SEWER PROFILES E_LIM11sof MBC) i/7 t N b ill (Al MBC) —o 2,00RELEASED FOR CONSTRUCTION 5 5 1,00 2— Mm rvre :oo� I,00 15 ,l.��Ill Ll I ------ ------ �o 71.71 1 o 5 5 5 5 \ 0,6,,o 2 oo 15,00 17 1800 1 oo 5 IE.B�`��'�.ANND..FELSHOE�N�NE.E�E�N6 'o ol CORPUSENCHRISTI.IMIIOIE NU llCO.TY 5— 5 �111 NI IN141,1NI 4N.1,1—NIIE.lL,4N re �° -- — o.re�w,e MeK .......... x.,ExNAA amss. £�cv °Frvu1°ei.zxiiire'm°owzo mx.w.s.�.WAFER 0 r<E�z cenoeM. x +rex �-rei // y w wnw ems i '�eo .vneree i vui.e.are.ore. .wn�wxvc vxc.nm- xz mu o / T T 6 i rwx neve. z / � rtcv.o.reQyat o R I A GE R[IW IF IAPB'Pve wxo,eRAINT.vrvrss,oFOR ervxm.WATER eE mRIF ,ePES eneNDxeFITTING uG _ R,41o.A ,A i d rvE�drvimL eo�M Rrs,xA�MS �E-�E Exre>�rerery Ere>.rvE�>ere� V Aa FOR CONSTRUCTION \ ., s�\ `Pere oevemme��sery eiRer . AISIE - i iq v.e.er ewe rwc i z-xv ecoxu :.rere rew :e \ wna• ]500 1 9_____._____ _ ___________SiQO _ _ '1e,ye re 200 .re - mov uez lcewn eij"� a' ew niAT .e v.a. neccory eLvu. � `•°°e re.r.en n u c cz.o 08/07/ .c e wE c FY ezro zrcx ¢r rxu .m z rre rz co°vic rei�g.i crew.--- z�nc�10 .o m - -.--- _ -- ionvci �re crew zvo c w'v ___ - - :a m 10 WELzSH ENGINEERING ____________ ___ ex re[cnrene ory rvo.z cmv uz ^•. "' em° coaaus cua VE ioi s.aui stem LNl .ere�,re..ere.re. OT PROFILE-SS L NE A OSO PARRVA PUS CI CROSSNCES C 2 «e R NiIAR'SEWER AND SAFER PUN AND PROFILE ,.rere rew,,, _ a i 00 Ti IT Preop / _ S 8 t-Pvc _ e i e x.n Io Io a n 0. .ver enrx� u „xa rvrwuxrem ory x,a >a on. x o rti " °P �.� �, .,rare s rvFs „ re �xn�x�n.,,xr PROF LF-ss—E c PaeaLLFL c wo2,00 —ID 1,00aK ]s RELEASED FOR CONSTRUCTION „� R x — ,c n LF Io - eMm greer ow nc Pw"a cs« B eeo.ri cr.v>xvvr Pc ,Pc o.00 Io xz„roo 3wo.nT®. s Is s uue enn. rr s x-Px� e rn ro ms v�rovrt on rwr. ex.re o i J.ur va.or 10 � xonx or xov .s r..w PROFILEILPOR NE L] SS "B' ]E S1 PN CF) 6 .. _ u an ry v�vr .. rein ii exoK �....: vrx c9oo �eusi..pp�, _�20roo nx or � oe/o3/2s ]s ]B'oo o.�ciTxzr:,cer xc a.an _ _n_ o+e. —5H ENS PROFILErin�xxs.o n xo rx re[B=VD NEER osresL� uueson N — "L'cures.rows reaoa hoz rz Pvc G re - -0wov aa'u — — ea 12 V W't eENT' -- CORPUS CHPUS CH cToss nlc uF z —_ —— — R ST NUECES Co. iX -- — ore X03 v aPvc Preop. .v •n.,•"•n`01P°° nw PRnF 11 F—R Pvr FF1 1 EF A cnm Pannwavl s nr SmL TVPES PH' II" nN PervrNT nN R"T r EI r `f�`.: —L ; ,r ,�. o I��I r�tu a p ;au po oM -- --- 1 \ ' VILL IT Toreorvr, nre� �, — —T or, 'q' s SU o Eo. po orr a Tyr oso.ARKwr, ��,.rv� o n -- ..a i rrr.�,o.ow.�rw i ge.. RELEASED FOR CONSTRUCTON SANITARY SEWER BASE MPP 16 \\ \ Mmc«c eee er \\ / z EY \ \ isrxE�r rvamEewoa mnrrxwLsxaumrvsisr orwrxuoranwmirvun vv P��r�.oaLLr��ti a��watiaMrrraoer�ti�.�tiraa�r .2^�� ESTIMATE SUMMARY vvr V `� VA°, tio.rao.�orr.orr��tiso i� - V � EoemmmurvmoLaanrmmrs. "� �a ro r.,ro ., o ED .41M, .oma. rr.o r ww,gra r�rr oe � Mll 1111INI 11 1-01 1—11— PU'LAs c P""DIT A NT TEEN2 STREE�uGHnNG AND SIGNAGE PLAN. ar SN],ORv�—ll BWATER BASE MAP / nAl / w /E / /� _ s✓ A 1 o �k oso Paar ro ra. � a aS0 i -- — eeu `� .. .ate ah --------------- <9> z. „OoAO�sa.� R/aw rec vev ew RELEASED FOR CONSTRUCTION I .1—ME-E-1 rein ixnxu.ionL yeeer Mmc« -11 11 M� 1ELETE1.10—Ell 1.1 1, ANI IIAT MlEll e..e..°°°. w. ow° ,za : Iw;F°.=ap F NwaoE_°`E w°Fp" PeRec1YC Ne�� s ,x re�d� AND WELSH EN GINEERIN�sreEn AN A 111111D'ENT A ,K M °"V°P0P° irno°.ow° "r"C° F[wNNENm�iON. wa,e,mrceowwNa wr°wxurn��w,ws °.°�°we ,e, CBlPll CHINT'N O. T SiREEi L161iI IN SIGNAGE SipRM wren.°w,z.arms rews onwvw wonvs<<„�xo,v z -'����u[ xwr..®,.sms> W 8 U B 8 OU CU i OU ML 8 EREE CU 8 OU A'MEMER WRB DETAIL mm�m xo,i�ss,xw x rox,e�in onuuu uounux�x s,re�rzo susvne«,o�s e:°arcs or Wase exo muaemm.o sax nwmm waoox osxzr n.x � v r .w aexex,rvz wMs or vn uuu w,.urc ox..z.w ', -' zoz nuc w�„ez raa,m n..z war orz„v/,v_v I--I� _ .. oen...„wvwr„o axen..snv wo.o a s / I if „ TYPICAL STREET SECTION ORO PKWY ' m CAP SEAL D CAP SEAL DETAIL % Y vxw rvw 01 JJJ!!! AIL P� NEW COM CONC. NEW CONC.TO E]IIBT.COMC. ALLEY R DET "v1C90=” wnm w ,.c im.o ar }VIII .,.a o-xxnc ory Pw x�tea, a,..no v,.a etio°Mw t711i� �qLH TYPICAL STREET SECT]ON—CI MERCER CURB AND GUTTER TH—DETAIL SIDEWALK RETAINING CURE DETAIL PIAN FOR SIDEWALK SIDEWALMMDRAIN —D LBBK IN6 NORTHEAST „. ..vv my zmMnz sM .. — °on n -T.Fxm _ ICL 1— SURFACE S SIDE—ELOPE BENINO CURB SIDEWALK TIEd�A1L BEGTION Bi o.... onuxE aon n.�a i cmupc°r��/� I.+a�emw romv/zown�x �Aa.. .wA s.. vmA� � ... TYPICAL STREET SECTION—50 ROW e sowxE RELEASED FOR CONSTRUCTION ur m«P G P- T-INI T n s¢se „mxu urs BASS AND WELSH ENGINEERING DETAIL—END OF ROAD BARRI CAE - nreee. INS ALL TION(OBJECT MARKERS OM4-2) 0 Nc ppovos[o s o No of oP' off" TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS rzB )�` arcB.i BBlis. Y=3 NOTE oa i«o.1m ov S ieeper�n lax 1x,wrorn Bore 11 There are va'iws devices approved joiwn°DZ wo�mvrow;ro FrrmDrll onl�'r«me"a«mlup'nwe,. ri�ri� for the Triangular Slipbose SYsteln. 10B11-�1ro;'�rm ae1`m"^rre m1«m e o roape SI ie P.an Please reference the Material Producer swi er`I1a b IRL 5 a`65 IS,Y�elBllxorl d5T11n110OB 1pa 65� Llet for approved slip base SYStsB1s, mer areae n,wi,wwrenwlrol g "naaw IS. imwimev..I nrra,n ® ® ® hitp://rrr.Tzdot.gov/business/producer_I ist.him raaw,sl mm.e,erw,1 a The devices Shall be installed per pz,'ni�Y,1ago�r;m,,x•rr° Wg88 mer`n ttrun mIufocturers' reCarrendaf ions. Bea rn < +e•�r"�i1 pew m1n"ene� a1n•+e a.1x• h1,`vq arra Installed al procedures Shall be Ma;«e1u^rer lump FNev 1.rx•m x.r!• Y s provided to giMlmwsnuass«ssnuuslsxno,s« ewabtwlrolun�usln,rzw+ 8 rd ux e.uTro;;l:fro.,,n arc.Iro wr°sru rn. gh ISI 1m. �'' _r�otno;�wisru iwo is c1 1 iKr.ae+rw ro;Iro«nw nr;aemayw;mr l a.T—q1h i:;,I—^,Ii merlMl �bo --- ea In 2' " exe-,^o ma+ml-. Il a.lw- x.rs•wx.rs• oBe .�aelaa oinalm w"n1.v«u 4111111,B a^e ae I.`i.reairinaq. sI rwe Sara d wu�re morw nam c 68g atm 1.5'm 1-1 FIT I w"I IIIS III Vane".awn.sir III 1 ro,w SG;iw. 311' role. T.aSYIRr BiBCFBIRE q,x-Imn axe lu a 1! nn a!1 1 1—1— gg5 c;oe.,wm.r. ^In °Y• lmnae"I,W1.";r"me.�.�ro enc x1•.roi a:a of Ezren.r."ma 1«. � wwr owlt�InamrBBBm,+•wlwn Iry mvviv�at�u. �s°lteer II.—I-aeie M W. aM-110-11 —1ee rr�t�atr til M eroriex M1u ub' t .,m.11 r r r.s5Ior ewr.w ewe or til wre,m ~ °wrror`c .;.A-,. r mox ne,.a.w m.!o..i.or�•"rr 12Iimma,e v�ima�ano e..acrlaa exmn B1an Pneopingi.«a 1m,�as mxrle vm w r sa isal n mmt—i-nm norma ewec m aim+ron� "` �" "' CONCRETE ANCHOR WAS.rn tee" °w °.° .oec�,��roa1n yol.mlwe'l.rslw 1i`s�. ral.mli� Texas Oeaorfinead Tra�Orldfm 11—FIT m ma«m�,nm , ^^ SIGN MOUNTING DETAILS ,•`. iro�wr 1. � n^.. SMALL ROADSIDE SIGNS sr TRIANGULAR SLIPBASE SYSTEM SMD(SLIP-I)-08 :�-n•`fs SV BB sr°ssu 1v xx[vtxl SBti xcgl fir. wEe�.�a.: '1�,d�•4p��' RS 08/"3/23 RELEASED FOR CONSTRUCTION TM retoi�S AND WELSH 11 1, .EL.I111111 C�CROSSESN' wvepmil bOUEENS NCNIT N2a ery viner Mm wµeu D�A,W�9�TN9. CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN 4'OF PAVEMEM BEFWEEH INSIDE EDGES OF STOP GR � o� BE AND CROSSWALK TAPE IN 21'MUD WHITE STOP BAR 1 1/T 1/2• O• FROM EDGE OF GUTIEA TO us LOl�VTRNUWS vH0^W SSWIFEMD� g• , 0I- g MINOR SINEEf Name I 10 i s� ME NC THEN 4'GAP TO ME NE%f CROSSWAL(BIAS ME l:srG BY PLACING 1 1�' 1/z•J ME FlRST TER OF R BM AT TIE fENER OF ROADWAY g LWATE STREET W 4 4 IDENTFlGTON SIGNS IN TESE LOGTONS NOTES: i 1 HST Of-BBUOES Sl—BE 9FDAN0 IHEFHEI�GITu OFF UEETED UIE�RINIG VlE1 b.STREET NAI.IE IEOEHU SWYL CONSIST OF INRAL GSE FOTKT ON STFEET 9'ON CENRR NAME BODES SHALL BE SERIES B.WHEN 1W'0 STREET NAME BODES WILL EACH IPPROIK21 BE ON THE SAME ASSOBY,MESE TWO STREET NAME BLADES SH-HOVE ME WE WIOM PLNV IWl IFETII WALING ON FOM OF TIE SIGN RAWE IS MPUGBLE TO ALL p b SCALE:N.T.S. SICNB EKCEPT FOR NMIE BUIDES. 7¢ k! J.RERACEMEM OF Sq6 SHLLL MEET 2011 1W5 MWUIL OF UNIFORM M0IFFIC (pp(114T•P ESSOHO WHITE STOP BNi CpKIROL DEVICE UTCD,ANO MDOT STANCMDS. PREFORMHEff EOPIOPmIAS11 MIL CROSSWNJ(BN6. V^~I MVNTNN 4'PAVEMENT c SfOEDDp w mo OF "K%-ad&M- UP ' za•55((TgqTyy1p1pDEE WXDE CROSSMMLK ®p W'u 1MI's-L AP tHDGPoTXEO ■■■■■■ SOC)) O Y 33 B OF CURB HOLE: NOTES: bb b ED MMI BMSSEALEALL BE Ps 1.A L SFOP W AVD CROSaSW' pAVENFM MAADNCS SHI BE 24'SOLD WHIT[ CI NIB �gPOE G HEAT APPUFO,1;5 M ORME RMOFWTIL HIGH CON RASE (IYPE�YC HGT HES �P�EUD�,1X25 YIL�PREFOM ED TI�W.IOPV BI SIDES LONGITUDINAL CROSSWALK-DETAIL o FOR ASPHALT ROADWAYS-SCALE:N.T.S. 2-MPE IACEYOF rnY egptweL PMaR ro a AfN FlNLL PAISIEM MVWNGS. 3.THE PNCEMEM OF CRO NALK BMS II NL SFART BY PWNG ME FlRST (ppDT4T'p ESSOLO WHITE STOP BIR33 Dross M WAT TE CENTER OF ME R AY.AND THEW 4'TO TIE NEM PREFORMEOGiHERMOPIASTC)MIL, p.y MNNTNN 4'PAVEMENT SpU%, J &DO NOT SFMPE STREET WBH ROADWAY SURFACE TEMPFRANRE LESS WEBI EDGE W 2d C DROSSWNJf D OP 2' /' eN ITYPD DIuED SAND ME 2011xTDAS MI O SU INNRY ITNRAIXWFIL RWONTROLDEDOAar(1MESNCD). �O pILP F101d `dS m 2 d B0� p C� TII 1M ID yy E1810PIAr Er . 3 £ i YOA� y¢orir d MAINTAIN 12•FROM UP OF CIMS U bbN b M CROSWILX BAR IIDDNpNpWL BN5 9N 9E F L+ �.e. IS b TD TWFlC ft IN NLLLGNSES�� 0 9EET 0 ) 5w YU4W'. X 4 Rmao u"teTVTv HIGH CONTRAST CROSSWALK-DETAIL ; FOR CONCRETE ROADWAYS-SCALE:N.T.S. CITY PRGIECF RELEASED FOR CONSTRUCTION "BASE swEE, ce I.= = C= . ven C STREET NAME EIPDE IIIGNMDETNLS ANN REQUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES (STOP, YIELD, DO NOT ENTER AND (EXCLUDING STOP, YIELD, DO NOT ENTER AND (6 WRONG NAY SIGNS) WRONG WAY SIGNS) °m a rwKc.n rm s,aia:a x. s.C,—I— P., e.P.,,I D.E, n. '•<.xR.� ,, nLLG3.LPRI g € SPEED , -...Y�.mlmC�mxY,�..°CmxRrv.,P.ro..,xP.m°me�xmlm m Gm�mro HH..IxK.°. m m p gg Do Nor WRONG ' �<x°,,� �`",°: '�..��.e.,,...�ro.., .o.,. °° WAY .. •8� TYPICAL EXAMPLEStm s,m d vim R.e,e, gy REO U IREMENTS FOR FOUR 3SE SPECIFIC SIGNS ONLY SNEETIW RECUIREMENIS S COLOR SIGN FACE MATERIAL f b USACE L. SIGN FACE MATERIAL s yy .4WINW SIGN BLANKS THICKNESS f(fi HIT 11 PeS.5 •9P REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS Eli! 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INem Bars F: • 6> 6t — Y y. aaa/ar ZwRn d-- ee DYN Ex K � )\ C k Rvvl III` I D°pl E nrer less than fne lap Icegfn c°circ[ror uncaaretl Y°oars. ea l°r wWR rs r vt� s°[, ” —E E ears o Bears rz 14 Bars F)(BotroM °c'�s gg„ BOTTOM°SLAB TOP SLAB 3 Rso TYPICAL SECTION PART PLANS CONSTRUCTION NOTES: �$ o°, asap err om aev=ms. Dame °%!bda °(r°r—d.Bar,C ase o ma,a.ror.raw. a^e ansa a°P:;Oer Ia°`a'z mar' r..aram. `wGR3 MATERIAL NOTES: 3xa R gai a�6°e °loYn p's'IEeI ne°mre°e�,ex--Harem ne lae�. OF o•`-a aew.r a+a TABLE SI ane t`r"Den'°I-azvL al°°„s eo"'e miesrrarraraoo ps;l'r'n ep,sea n. 0 ra BAR DIMENSIONS � �� O Form eee n° °rae a r roriaa`ear°iapa,wirers raax�rea,aa�ioilwa:e al awahlaea->rs 5y uBerEcS)n --- >---6B`#"Y•' --- GpNaNthsOOPs ( e-CTI. ° —_d.nI, °rr.[a°icnBintyBekew- r e—lgn llaneaus I(xc-xB,a[a a.ma t°sc SECTION THRU CURB °enple setti°ns,a�°IenOtheninp. HL93 LOADING SHEET I OF 2 ��� �/'�I w �DOPvmIwNaJTanapwbllw (L �� O MULTIPLE BOX CULVERTS L 5 CAST-IN-PLACE r SPAN BARS C BARS D BARS z BARS Y BARS K B-) TO 13 FILL Ispa=—wax, lteepth MC-8-13 • "'.,° RELEASED FOR OONSTRUCTON ,x atBASS AND WELSH ENGINEERING o I.= = C=.=..... . E. SECTION BILLS OF REINFORCING STEEL(For Box Length=40 feet) QUANTITIES 'o DIMENSIONS Bars B Bats C&D Bars E Bars fl-#4 Bars F1-#4 Ban M-#6 Bars Y 6 Z-#4 Bats N Bats K fer Foot Curb Total 4-#4 6f Barrel f Ban C Bers O 88rs v can z MZ n n n 5 H Len9M Length Length - Length LeegtM1 Length o L-9thi Len9M W Length Length W W t (Cv) Rib) fCrl fL6)(Cr) !id) ass r b9] - - - N-,._ - 1 121'1,335 L6 - - - - - - - 33b34 5 - - - - - - - - - - - SL - 'ISbr3 1 - ]335 16 - - - - - - - X1496 k 6,358 1 lass 16 '�I- 24 IN NIII 41 k6£k _ _ _ s3n r _ _ _ _ _ _ _ _ _ i.e _ _ _ _ _ _ _ _ _ _ _ _ mbz.1I_I1. 2 111, _ _ _ L3,6rz r - - 1 5 - _ _ _ _ _ _ r"s= —1 1,311 � - "ex _ _ _ _ _ _ _ _ _ 21-SP _ _ _ 13u 1 _ _ _ _ _ _ _ 1%138 �s 5 - - - 24 IN II N - 1335 I6 _ _ _ _ _ - - �e _ _ _ _ _ _ _ _ _ _ % Wye _ _ _ ,358 - - a35 - _ _ _ _ _ _ —1. 634T I - - 1x35 1 - -7 478 96 - - - - - a39 S C _ _ _ 1335 i _ _ %_ _ _ _ _ 35S1B EY _ _ _ taSz4 I _ _ _ _ _ _ _ _ 1 .2- - - - - - - - - - - - - 1 4' $ a _ _ _ 6348 1 - - 1331 - _ _ _ _ _ _ - - - - - tau rs - - - - - - - ease .. _ _ _ msz9 1 - - 1311 1 _ _ _ - _ _ _ ]Ib3e _ _ 1311 Is _ _ _ _ _ _ �$ 3 _ _ _ _ _ 1311 16 _ _ _ _ _ _ _ _ _ _ '33116 _ _ _ _ _ _ _ 36be. ase - - - usrz tae - - 13u re - - - - - - - % 3ess6 o a H03 LOADING SHEET 3 OF 3 DaparNW o111anapvfWAw MULTIPLE BOX CULVERTS CAST-IN-PLACE R'-0"SPAN 0'TO 73'FILL _ MC-8-13 '• RELEASED FOR OONSTRUCTON ,x FERASS AND WELSH ENGINEERING rem o ArI.= =%'_ CORPUS CIRISH,NIFECES CO_11 C= . E. TABLE OF DIMENSIONS&REINFORCING STEEL TABLE 0 WINGWALL (WTngW StructureR fOne Structure End) EI2%ORI W, WING IMENSION CALCULATIONS, arc i o mans ons Dvun+ -esFIIHI %1_1111 I, Sc ear E FG,I w 1 T'4- P 1 -Iht th,, EP` I b./T El I G LT. III �l N I "I C G T-1 I Ar-IT-ll I- I U .1 TABLE OF ESTI"TED H.W11.1 1 I� I - -4 11-1 1.11EG CULVERT TOEWA L 1-4 -1— — — QUANTITIES NEu -IE 11.7 E.411 uno..vu... —t ......I 1.,1, 9' 9 B a4 1.4 1 0t.49D.535 1 E7 M 9 ou� C7, b. 711 ---RH I BARS R c" U ------ BARS D Length SIP g � � _ GBERAL NOTES. T-- AAI p. BARS 11 BARS V ELEVATIONINSIDE a PLAN mew. r°..... ...... D- 10 con RO BARS L BARS Jx ? T T CONCRETE W"INGWALLS E WITH STRAIGHT WINGS FOR 0* SKEW BOX CULVERTS ILI WINGWALL fALL -0 w° ,mewSIN CORNER DETAILS FN.H RIr.,II)II III—I SECTION A-A 11, 11 T I SECTION B-B 01 'RELEASED FOR CONSTRUCTION TM ""ASS AND WELSH ENGINEERING RGULRI IIN NO, 2 RR54 1—UlA GUIEP nA,=Mm wµau E 3111N I I—S N.,NIT I CORPUS CHRISTI,NITECES CO_TI Tl'I.JNTIO�IRN'I'IEU�E eas+e e�aea�R� +erPer�� °e6oNe E.ee+Aou+mee+aeeAwe.. Mie r m++ M N aewSaa°�,a °d� �:�-1 Me. ee� II I,z ex c. �— — PT eeee I—r — Ell mmooe—oa e eee eR AT INTERMEDIATE AT ABUTMENT BENTS AT SLAB EXP JTS WALL JOINTS AT SPLICE JOINTS ROADWAY ELEVATION OF RAIL CONSTRUCTION NOTES: 1011 r Pae+ v x s.z s 0 T, eee e+Rei a O D e e Memoe a Re o oea Ty MATERIAL OTES s cu+poer+a t a a ° ca J+s !" T e F, o oe vo, or we I. ,q3. T n IT o 6e EXP JTS a e SECTION A-A Aa �+ Tl- U AT SPLICE OR PIPE SPLICE DETAIL _ ,„ „+.ee a,„Pe T, , ,e a O as°, +e +n N,eP z ee+e+e„red e1 w wee 1. � Lao w - :- o Ra a°Pere weenA�seen - 2 GENERAL NOTES e Oe o _ _ _ T r 5nwik r Te oe efi , + X ce e+ 2 cme.T ON ABUT WING OR it 1. _a -i oa ON BRIDGE SLAB CIP RETAINING WALL e i..,L.. ., wr prow es, ye r�ooer Dae SECTIONS THRU RAIL L,, _ RAIL CAP DETAIL eeme9 o-a`B.es L” ,y. G ., Y"NI. Texas DexrlmeM of Trenspa ww o+s dOe ° T--o ,1 + �1 T-P Mn edj Ye °+efo1" PEDESTRIAN RAIL ePm�aae+e+�ePe� Pe�U.-m. esee eai°P rie°»e a+mer oe<euese 4seere e� _ s 0 z �+ , P 3 a+o P sae e a a z�a we +P eAeeee, — TYPE PR2 _ T C, P P. ,see e e e e�N—) o ©`.. 2.1 1 BASE PLATE DETAIL ...P.t OPTIONAL U BOLT ,= s e P�,.e P.es o. .z°3 .,,�� ��,.w,ee„ ....•�.. BARS V (vA) BARS U [v9) °e/oe/sr RELEASED FOR CONSTRUCTION IE BASS AND WELSH ENGINEERING recT PUBLIC IMP—EMENTS TO uaramr�� COIENN CHRISTI NIECES CO, TY : Mmcwµau een -TIRE PRIC — R�� -w e A— ZZam. - r- r+ m AM � AQAa.•.. ., .,_� pix r.A.� ..>,� E a e OW AND IEL-1 ENGINEERING su _ sa,......., ,,.... i a. "•""`"°'"' —•a• RELEASED FOR CONSTRUCTION ..Rrc nr,rn SPUBLIC SIMPROVEMENTS TOo •n^^^LL "" m eno A. QUEENS CROSSING UNIT 2 mm c=oeve opm:l bery quer N PUS CHR SI S WATENU CES C Tx .=—.... R. ... CITYRSTANESEZ STORM R DETAILS a Ea W —1—IT-1 IITI-T 11 IITII -IL - D�NL oM reaE _a— ® € ioW w _Aw �� ��F_°fie :• „ .c— ,, � " ��e q--�..���~:��. ® loo, E oN E,oNo A� o Aaa�o� so a,o 3 —T —1H RELEASED FOR CONSTRUCTION IIEEI P'BL IIPIIIE'ENT' Daram= Mmcwµau een T. 1 L't-I I o Mei v ;gip = 311.iFZ asmw,v�ur,smers wa^` ah ? U ..:_ Oe�san� ROSSG aaru�-a- •—�rcraa r amx r 4 'wraawaaarre,reararcarox mrwawaaw�er •••••_ muaw - amaiaa,araaar a ..•...�•..•... mrr awMamavam¢ anis .,_... i mom. ...... t ICE SIT ENGINEERING RELEASED FOR CONSTRUCTION11.1 Rsc� nr,sn SPUBLIC SIMPROVEMENTS TO oevepmil bOU ENS CROSSING UNIT 2 bery gl�r Mmcwµau een / carr WEL51 ENGINEERING RELEASED FOR CONSTRUCTION rx recti nreee. Daram= Mmcwµau een SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS 1.11-1 EARTIN—E p Irl SO/L 5 A&UZAT/ON PRRCT/CES TO CS oioL uecn�o ac olsuree[o. PR[S4Rni1oN of NaiURPL RESJURCES o ItEMPORPRILv OR reSIT P v[re Tx i1 r 1 TI Tu E I BIT GElER c.NSRuc� REs1ME allo 10 wITIIN rz oA 5 AHLNR"Cl wn NR A caEre,wo x or cxlslrvc vccrrn�Ivc cwc S/k(/CTURAL PRFlC//CES: TRY EST E 1. 1111—IA S ry(so [ry*)uN ILLE111-1.11 wuc c111 NA,111—lorvsIERAMBENDED cs —111Y—E, AL .11 1111 E-111 CHIT'll 11111'I'll 1EIGNO AT RENIT11111IN E�IT Dlo.'EATICIENLEGIL MET —11,IHEHL EAAH-El All—El AE,11 = 11-1—1ALIT111TIN INT— TOE—IN IAETuoo C, \ ti Lyi \y WITH REmroacEMENT �O s�ae`ec N.a°Nc' (sem wood'EllT. PNN A BNI. yAkAa o,.pms s.EEA OB RIZA °°Tz.ami sPacmc PLACEMENT FOR BALED HAY FILTER DAMS Q21 N EIRIHFILL mErImu IRC.`11MI 90 'CALL EST BE RELEASED FOR CONSTRUCTION .,KEBABS AND WELSH si sl auuRlw nreEn SECTION A—A BlEARL,IE M A 111111E`ENT' SEDIMENT CONTROL FENCE oa.am=,a mRPus cNRIsrI,NuS cEs co_Tx �M mrwµau ven STORM WATER POLLUTIONPREVENTION PISN NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email:NixMW1@gmail.com TX Registration No.F-52 361882-5521-FAX 361882-1265 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 QUEENS CROSSING UNIT 2 12"WATER GRID MAIN REIMBURSEMENT ESTIMATE 02/06/2023 WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12"PVC PIPE 1881 LF 90.00 169,290.00 2 12"GATE VALVE WITH BOX 4 EA 6,000.00 24,000.00 3 12"EL,ANY ANGLE 7 EA 1,300.00 9,100.00 4 12"TEE 8 EA 2,000.00 16,000.00 5 12"X 6"REDUCER 1 EA 900.00 900.00 6 6"PVC PIPE 31 LF 50.00 1,550.00 7 6"X 30"PVC PIPE NIPPLE 3 EA 550.00 1,650.00 8 6"900 EL 1 EA 800.00 800.00 9 6"GATE VALVE WITH BOX 2 EA 1,500.00 3,000.00 10 FIRE HYDRANT ASSY 4 EA 6,500.00 26,000.00 11 IPAVEMENT PATCHING 1 1 LS 1 6,500.001 6,500.00 SUBTOTAL $258,790.00 10%CONTINGINCIES 525,879.00 SUBTOTAL $284,669.00 7.5%ENGINEERING,SURVEYING,&TESTING 521,350.18 SUBTOTAL $306,019.18 LESS WATER ACREAGE FEE,COMMERCIAL -11,799.80 LESS WATER ACREAGE FEE,RESIDENTIAL -8,304.45 TOTAL AMOUNT REIMBURSABLE $285,914.93 Exhibit 4 • Exhibit 5 ' 1 DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platopplication@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: LSK Development LLC STREET: P.O. Box 8155 CITY: Corpus Christi ZIP: 78468 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ OtherLLC 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) NA 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 NA 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 NA 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 NA 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 to the City of Corpus Christi, Texas as changes occur. Certifying Person: �; ,�` �,� Title: l�lyS{��{, (Print) Signature of Certifying Person: Date: 1111,5123 Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: 12/12/2023 Legistar Number: Agenda Item: One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). Amount Required: (Amount to be Certified) $285,914.93 Fund Name Accounting Unit Account Amount No. Water Arterial 4030-21805-777 540450 $285,914.93 Transmission & Grid Main Trust Fund as fund become available (Future Revenues TOTAL $285,914.93 ❑ Certification Not Required Director of Financial Services Date: Water Arterial Transmission & Grid Main Construction Reimbursement Agreement One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). City Council December 12, 2023 Location Map Location Map Sut,P limpertV Queen's Crossing Unit 2 Proposed Reimburse bk Wmw Conrtrvction o,DruelownrtfaNas 2 Total Reimbursement Estimate WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QTY UNIT COST TOTAL 1 12"PVC PIPE 1881 LF $90.00$169,290.00 2 12"GATE VALVE WITH BOX 4 EA $6,000.00$24,000.00 3 12"EL,ANY ANGLE 7 EA $1,300.00$9,100.00 4 12"TEE 8 EA $2,000.00$16,000.00 5 12"X 6"REDUCER 1 EA $900.00$900.00 6 6"PVC PIPE 31 LF $50.00$1,550.00 7 6"X 30"PVC PIPE NIPPLE 3 EA $550.00$1,650.00 8 6"90`EL 1 EA $800.00$800.00 9 6"GATE VALVE WITH BOX 2 EA $1,500.00$3,000.00 10 FIRE HYDRANT ASSY 4 EA $6,500.00$26,000.00 11 PAVEMENT PATCHING 1 LS $6,500.00$6,500.00 SUBTOTAL $258,790.00 10%CONTINGINCIES $25,879.00 SUBTOTAL $284,669.00 7.5%ENGINEERING,SURVEYING,&TESTING $21,350.18 SUBTOTAL $306,019.18 LESS WATER ACREAGE FEE,COMMERCIAL $(11,799.80) LESS WATER ACREAGE FEE,RESIDENTIAL $(8,304.45) TOTAL AMOUNT REIMBURSABLE $285,914.93 Trust Fund Balance as of October 31 , 2023 Available Combined Trust balance as of 10/31/2023 as reported by Finance is: -$3,276.010.68 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$295599555.74 $539387.54 -$291139430.88 -$7069123.28 Upon approval of this as well as 4 other previous agreements, the Trust Funds will be: -$5,809,173.45 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of Dec. 12, 2023 xss2 Second Reading for the City Council Meeting of Jan. 9, 2024 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development of Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 10329 Kingsbury Drive CAPTION: Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial 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). SUMMARY: This item is to rezone the property to allow for the construction of a single-family detached structure. BACKGROUND AND FINDINGS: The subject property is a 0.86-acre, vacant and undeveloped, lot out of the Hill Country Estates subdivision three-quarters of a mile south of Leopard Street and McKinzie Road in the Northwest Area. It is located at the southeast corner of McKinzie Road and Kingsbury Drive and is the remaining undeveloped lot of the subdivision and block. Historical data shows that the land subdivided into Hill Country Estates in 2014 was rezoned from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District in 2007 while the 1961 Corpus Christi Zoning Ordinance 6106 was in effect. The subject property is within the "CN-1" District (1 .08 acres in size) of the subdivision that notches into the "RS-TF" Two-Family District. The 1961 ordinance, then, permitted detached and attached single-family structures. The property to the north of the subject property is zoned "RS-TF" Two-Family District with low-density residential use. The adjacent property to the east is zoned "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District with a low-density residential use. The property to the south is zoned "CN-1" Neighborhood Commercial District and "RM-3" Multi-Family District with residential estate use. The subject parcel is bounded by an A2 class arterial road, McKinzie Road, to the west; Kingsbury Drive, a local residential street, to the north; and a proposed C1 class collector, Haven Drive, along the rear property line. Further west is the 59.43 acre tract occupied by Tuloso Midway High School and zoned "RS-6" Single-Family 6 District. The abutting "RS-TF" Two-Family district enclave features lots that are two-thirds of an acre with the smallest home being 2,302 square feet. The applicant is requesting an amendment to the existing zoning district to accommodate a single-family detached structure. A Land Development review of the subject property for a building permit revealed that the property while appearing to be for single-family use, is zoned "CN-1" Neighborhood Commercial District. Residential development within the "CN-1" Neighborhood Commercial District is limited to townhome and multi-family developments. The "CN-1" Office District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 SF in gross floor area. The proposed rezoning is consistent with many elements and goals of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), the ADP was adopted nearly 23 years ago. Public Input Process Number of Notices Mailed: 9 were mailed within the 200-foot notification area, and 2 outside the notification area. As of December 8, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District on October 18, 2023. Vote Results For: 8 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial 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). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 4, Block 3, Country Hill Estates, as shown in Exhibit "A", from: the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District. The subject property is located at or near 10329 Kingsbury Drive. Exhibit A, 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 superseded. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 EXHIBIT A RS-TF KINGS[URY DR C,- 1 RS-6 I� SUBJECT RS- TF H o PROPERTY HAVEN DR RA*-3, CASE: 1023-03 N SUBJECT PROPERTY WITH ZONING ® s _ Subject Property A-1 Apartment House Di1h 1 I-0 Dmite d lntlus[rial District A-1A A parmem House Distri ct -2 ❑ghtl""trial District A-2 Apartmcnt House District I-3 Heavy In dusts-al District A[3 Purie--alOr—District PUD Planned Unit Development AT Apadmerd-TouristDistrict R-IA oneFamily o—longoisn;i,t SUBJ \ at NeighbomoodEusneasDistrict R-1 OneFamilyowemngDistrict PROPERTY &1A N1, hbomooae in Qstnot R-tc One F ly D-11 Ingo mlct &2 Eaytmnt Bus o-iD R-z M lrpl l] II gl]st t G ria. ', 6arr'er lsl zoite Diatdrx RA 0 Family D II gD'stict x &3 Eusn.cD4 t RE Rit,d-n.1Etzt Ds[_D B4 General Business District R-TH Townhouse DweIlingD trlct &6Primary Eusness Di strict SP special Permit P, Prim DE u3iness Core Dista TTA Travel Trailer Park District ED Comuc Chacti Eeeeh Design DiD. T-1 Manurwutd Hnme Pad:Disn;et City of Esri,HERE.. - F-R Fay Rumi Distdt r-iC Manor mo d Hnme sutdinision Corpus LOCATION MAP HC Hlstcdca2Cultural Landmark District Ctlfi$tl P—e—ties Page 3 of 3 ZONING REPORT Case 1023-03 Applicant & Subject Property District: 1 Owners: Steve Avalos and Lacey Avalos Applicants: Steve Avalos and Lacey Avalos Address: 10329 Kingsbury Drive; south of Leopard Street, and at the southwest corner of McKinzie Road and Kingsbury Drive. Refer to attachment (A) Existing Zoning and Notice Area Map. Legal Description: Lot 4, Block 3, Hill Country Estates Acreage of Subject Property: 0.86 acre Pre-Submission Meeting: August 30, 2023 Zoning Request From: "CN-1" Neighborhood Commercial District To: "RS-TF" Two-Family District Purpose of Request: To allow for the construction of a single-family detached structure. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Vacant Medium-Density Residential Commercial North "RS-TF" Two-Family Low-Density Residential Medium-Density Residential (Hill Country Estates) "CN-1" Neighborhood South Commercial, Residential Estate Medium-Density Residential "RM-3" Multi-Family District "CN-1" Neighborhood Low-Density Residential East Commercial, (Hill Country Estates) Medium-Density Residential "RS-TF" Two-Family "ROW" (McKinzie Road), West "RS-6" Single-Family 6 Public/Semi-Public Use, "ROW" (McKinzie Road), Government (Tuloso Midway H.S.) Plat Status: The subject property is platted (Plat map Volume 68, Page 183, MRNCT). Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing "A2„ 4 Lanes, 4 Lanes, McKinzie Road 100 feet, 100 feet, Secondary Arterial (Median/Turning With a Median and Turning Divided Lane Required) Lane Designation Section Proposed Section Existing Kingsbury Drive 1 Lane, 1 Lane, Local Residential 50 feet, 60 Feet, (Including parking) (Including parking) Designation Section Proposed Section Existing Haven Drive "C1" Minor Residential 2 Lanes, Collector 60 feet Not built Transit: The Corpus Christi RTA provides service to the subject property via Route 27 Leopard at McKinzie Road and Leopard Street with stops for the northbound and eastbound directions. Bicycle Mobility Plan: The subject property is approximately 800 feet south of a proposed off-road multi-use trail along the drainage ditch north of the subject property and Tuloso Midway High School; connecting to a planned infrastructure along and across Leopard Street, and along Violet Road. Utilities Gas: A 4-inch "WS" line exists along the south side of Kingsbury Drive. Stormwater: A 36-inch "RCP" line exists along the east side of McKinzie Road. Wastewater: An 8-inch "PVC" line exists along the north side of Kingsbury Drive; northeast of the subject property. Water: An 8-inch "PVC' line exists along the southside of Kingsbury Drive. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Northwest Area Development Plan (Adopted on January 9, 2001). 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 9 within a 200-foot notification area 2 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: October 18, 2023 City Council 1St Reading/Public Hearing Date: December 12, 2023 City Council 2nd Reading Date: January 9, 2024 Background: The subject property is a 0.86-acre, vacant and undeveloped, lot out of the Hill Country Estates subdivisions three quarters of a mile south of Leopard Street and McKinzie Road in the Northwest Area. It is located at the southeast corner of McKinzie Road and Kingsbury Drive and is the remaining undeveloped lot of the subdivision and block. Historical data shows that the land subdivided into Hill Country Estates in 2014 was rezoned from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District in 2007 while the 1961 Corpus Christi Zoning Ordinance 6106 was in effect. The subject property is within the "CN-1" District (1.08 acre in size) of the subdivision that notches into the "RS-TF" Two-Family District. The1961 ordinance, then, permitted detached and attached single-family structures. The property to the north of the subject property is zoned "RS-TF" Two-Family District with low-density residential use. The adjacent property to the east is zoned "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District with a low-density residential use. The property to the south is zoned "CN-1" Neighborhood Commercial District and "RM-3" Multi- Family District with residential estate use. The subject parcel is bounded by an A2 class arterial road, McKinzie Road, to the west; Kingsbury Drive, a local residential street, to the north; and a proposed C1 class collector, Haven Drive, along the rear property line. Further west is the 59.43 acre-tract occupied by Tuloso Midway High School and zoned "RS-6" Single- Family 6 District. The abutting "RS-TF" Two-Family district enclave features lots that are two thirds of an acre with the smallest home being 2,302 square feet. The applicant is requesting an amendment to the existing zoning district to accommodate a single-family detached structure. A Land Development review of the subject property for a building permit revealed that the property, while appearing to be for single-family use, is zoned "CN-1" Neighborhood Commercial District. Residential development within the "CN-1" Neighborhood Commercial District is limited to townhome and multi-family developments. Plan CC (The City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Corpus Christi sustains and maintains established neighborhoods. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage the protection and enhancement of residential neighborhoods. ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ Encourage orderly growth of residential, commercial, and industrial areas. ■ 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 Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is generally consistent with the Northwest ADP and the FLUM's designation of Medium-Density Residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with many elements and goals of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), staff observed that the ADP was adopted nearly 23 years ago. • In deciding on the appropriate district, staff considered the pattern of the surrounding neighborhood. o The Hill Country Estates subdivision (which the subject property is a part of) with an initial "RS-6" Single-Family 6 zoning district, was rezoned to the "RS-TF" Two- Family District and "CN-1" Neighborhood District in 2007. It generally appears to have been an appropriate land use decision as situated; creating a threshold to the residential subdivisions established in the 1950s and 1970s beyond. Plan CC supports transition zones; a recurrence along McKinzie Road and Robby Drive. o The subject 0.86-acre parcel is a portion of a 4-acre "CN-1" Neighborhood Commercial District along McKinzie Road. It is the only neighborhood commercial district until the General Commercial District at Leopard Street and McKinzie Road, to the City's limit to the south, and also along Haven Drive. Haven Drive is not built west of McKinzie Road. The property southeast of Haven Drive and McKinzie road is a panhandle lot with residential estate use zoned primarily "RM-3" Multi-Family District with two "CN-1" zoning districts at either side of its access strip. o The lot far exceeds the minimum development standards required for residential development; while none is required for commercial development. Commercial activities, while not necessarily incompatible, does not appear to be the best use of the site. The surroundings suggest that residential use is best suited. The site's buildable area is also reduced for multi-family and commercial developments. o The development's outcome is known. A building permit has been submitted to Development Services and is awaiting approval of the requested amendment. Planning Commission and Staff Recommendation (October 18, 2023): 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 from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two- Family District. • The applicant's request to amend the zoning district of the subject property to accommodate a single-family structure is fitting. The amendment will not have any negative impact on the surrounding neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o The "threshold" pattern is encouraged by many of the City's guiding documents. Population density and height of buildings in the "RS-TF" Two-Family District are low enough to be compatible with neighboring single-family developments. With the type of development known and the pattern of the area established, the "RS- TF" Two-Family District should be maintained and completed. o While the "CN-1" Neighborhood Commercial District provides space for commercial activities that primarily benefit nearby residential areas at a compatible scale; a commercial development may lead to the disintegration of the character of the block. The character of the neighborhood and block is more attuned to residential development. o The structure proposed matches those of the surrounding properties in massing, building and site arrangements; therefore, is in keeping with the surrounding character. Attachment: (A) Existing Zoning and Notice Area map. ATTACHMENT: (A) EXISTING ZONING AND NOTICE AREA RS- TF 3 4 KINGSBURY DR 7 3 jc"N '1 1 N /SUBJECT RS- T ' 5 RS-6 rn ,//////// 6 �oIPROP ER, HAVEN DR 9 8 CN- 1R!M-3 iF7- CASE: 1023-03 Zoning and notice Area w RM-1 Multifami ly1 IL Light Industrial RRM2 Multifamily2 IH Heavy Industrial 81, Rh13 Multifamily3 PUU Planned Unit Do,Overlay ON Professional Off ce RS.10 Slrgle-Family10 RM-AT Multifamily AT RSb Single-Family 6 CN-1 Neighborhood Commercial RS-0.6 Single-Family4.6 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Famlly15 tr CR-2 Resort Commerdal RE Residential Estate _ GG-1 General Commercial RS.TH Townhouse >� CG-2 General Commercial SP Special Permit Cl intens—Commerical SUBJEC CBD Downtown Commercial RV Recreationald Homo Park PROPER Y RMH Manu[aeturetl Hgme CR3 Resort Commercial a 'arw FR Farm Rural a H Historic Overlay Y x W Bp Business Park � _ L i�Yer 4 o X Cit)•of Bri,HERE Corpus I OCARON MAP Chl i�ci Zoning Case 1023-03 Steve Avalos and Lacey Avalos District 1 a Rezoning for a property at or near r 10329 Kingsbury Drive KINGbVRY DR From the"CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District o r V HAVEN DR PROPERTY >: ,rya.�, a,�a':,°• ms's,".�. � . u. •.i ., Cl a f Esri.HERE ate` Cnipus LOCATION MAP City Council December 12, 2023 Zoning and Land Use Proposed Use: To allow for the construction of a detached single-family structure. RS-TF Area Development Plan (ADP): L AN-22-2007 Northwest ADP (Adopted on Jan. 9, 2001) KINGSB 1RY DR Future Land Use Map: 3 ��1Medium-Density Residential RS-TF RS-6 SUBJECT Pl20'PEl27v JAN-22-2007 Existing Zoning: JAN-22-2007 "CN-1" Neighborhood Commercial District E VEN DR Adjacent Land Uses: N • North: Low-Density Residential (Zoned RS-TF) CN-1 RM-3 • South: Residential Estate (Zoned CN-1 and RM-3) tEast: Low-Density Residential (Zoned CN-1 and RS-TF) • West: "ROW' Right-of-Way(McKinzie Road) and Public/Semi-Public Use (Zoned RS-6) Public Notification 9 Notices mailed inside the 200-foot buffer 2 Notices mailed outside the 200-foot buffer RS-TF = 3 9 Notification Area KTNG BURY DR ,DIN Opposed: 0 (0%) m SUBJECT RS-T s Separate Opposed Owners PROPERrr HAVEN D0. In Favor: 0 (0.00%) NCN-1 -3 "Notified property owner's land in SQF/Total square footage I of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation • The proposed rezoning is consistent with many elements and goals of Plan CC(The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), staff observed that the ADP was adopted nearly 23 years ago. • In deciding on the appropriate district, staff considered the pattern of the surrounding neighborhood. • The applicant's request to amend the zoning district of the subject property to accommodate a single-family structure is fitting. The amendment will not have any negative impact on the surrounding neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. STAFF RECOMMENDS APPROVAL OF THE REQUEST FROM THE "CN-1" NEIGHBORHOOD COMMERCIAL DISTRICT TO THE "RS-TF" TWO-FAMILY DISTRICT � r a r.,.� KINGSBIJR� , i 3 e.� a Q H PA SUJC PR PERTY:� o I O r LL .n AVEN DR 1 l ` vV ' Y r` N F CASE: 1023-03 N WE Aerial View S ® Subject Property SUBJECT\ PROPERTY ■■►1■ City of 1..-11 Esri, HERE Corpus LOCATION MAP Christi 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance-Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Amendment for Implementation of the OpenGov Permitting and Licensing Software for Public Works CAPTION: Ordinance authorizing execution of Amendment #1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1 ,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. SUMMARY: This Amendment is renewing Public Works' OpenGov pavement asset management tool software through Vertosoft. Public Works is also purchasing and implementing a Right-of-Way permitting software with OpenGov. BACKGROUND AND FINDINGS: As part of the FY 2024 budget initiative, the Right-of-Way Management Division was established as a separate section under the Traffic/Operations Division within the Department of Public Works. The primary goal of this division was to specifically address management of right-of-way (ROW) permitting, licensing and violations of construction-related activities. This section also manages review of traffic control planning and other requested uses of public ROW. The budget initiative included dedication of funds for a permitting software to manage requests, payments, and inspections. The purchase of Vertosoft, LLC cloud system solutions will implement effective ways of managing ROW permits, reduce primary reliance on paper forms and email submissions, minimize manual data entry, increase accuracy for ROW permits and productivity. This software will also provide an efficient process that is more customer friendly and provides better visibility on the Department's process. Lastly, the software will allow an automated workflow that will alert designed specifics to help meet timeline targets in the management of the permitting process. This item includes the subscription renewal of the Public Works pavement asset management software. The City Council approved the pavement asset management software tool in December 2021 . The software subscription and support is set to expire in 2024. PROCUREMENT DETAIL: This procurement is being facilitated through the 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 for this software and support purchase is 32.26% off retail price, a savings of $482,315.19 if all options are exercised. ALTERNATIVES: Deny motion which will result in management of Right-of-Way permits via an email submission. FISCAL IMPACT: The fiscal impact to FY2024 is $204,579.60, with funding available in the Streets Fund. FUNDING DETAIL: Fund: 1041 Streets Organization/Activity: 12401 Right-of-Way Management Mission Element: 33 Streets Project # (CIP Only): n/a Account: 520105 RECOMMENDATION: Staff recommends approval of this motion authorizing amendment no. 1 with Vertosoft as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 Price Sheet Ordinance authorizing execution of Amendment #1 to the co- operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. WHEREAS, the City previously executed a five-year agreement to purchase OpenGov budgeting software from Vertosoft, LLC, through the Texas DIR purchasing cooperative, and now desires to (i) renew a pavement management software module and (ii) purchase a permitting and licensing management software module, to be utilized by the Public Works Department, and to add an auto-renewal clause to the co-op agreement, in order to achieve increased operational efficiencies; now, therefore, 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 Amendment #1 to Cooperative Purchase Agreement #4441 (the "Contract") with Vertosoft, LLC, to renew the OpenGov pavement management software (formerly, Cartegraph) from March 1 , 2024, through September 30, 2024; and to purchase and implement OpenGov permitting and licensing management software for a period from January 1 , 2024, through September 30, 2024, both software modules to be utilized by the Public Works Department, with three one-year options to renew, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised. Additionally, following the expiration of the last option year of the full Contract and subject to sufficient future annual appropriations, the term of the Contract will auto-renew for continuing one-year terms, unless the Contract has been earlier terminated by either party, in accordance with the provisions of the Contract. SECTION 2. Funding in the amount of $204,579.60 from the FY 2024 Streets Fund is provided to renew the pavement management software and implement the permitting and licensing management software that constitutes the subject of Amendment #1 with Vertosoft, LLC. Introduced and voted upon on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado OpenGov for Public Works D I R-TSO-4227 Vertosoft, LLC Leesburg, VA Item Description Qty Cost Total 1 Year 1 - OpenGov Permitting and Lic 1 $204,579.60 $204,579.60 Total 2024 $204,579.60 Year 2 - Option Year OpenGov 2 Permitting and Licensing 1 $256,388.43 $256,388.43 Year 3 - Option Year OpenGov 3 Permitting and Licensing 1 $269,207.85 $269,207.85 Year 4 - Option Year OpenGov 4 Permitting and Licensing 1 $282,668.24 $282,668.25 Total with Options $1,012,844.13 .gyus c� G� Amendment #1 v Finance & Procurement NCORPOR PS Etl 1852 Date: December 8, 2023 Agreement #: 4441 (Cooperative Purchase via DIR-TSO-4227) Contractor/Consultant: Vertosoft, LLC Current Amount: $1 ,282,038.40 I. By execution of this Amendment #1 , the parties desire to renew the pavement management software (formerly, Cartegraph) and add new permitting and licensing software to Cooperative Purchase Agreement #4441 ("Agreement"), in accordance with the terms and conditions stated in DIR-TSO-4227, for a term period ending September 30, 2024, with up to three optional one-year renewals. II. Attachment A, Scope of Work, to the Agreement is amended by adding Attachment A-1, which is attached to this Amendment #1 and incorporated by reference into the Agreement as if fully set out here in its entirety. III. Section 2, Scope, of the Agreement is amended by deleting the content of the section in its entirety and replacing it to read as follows: "Contractor shall provide Budget Module Replacement, Pavement Management Software, and Permitting & Licensing Management Software in accordance with the attached quotes and statements of work ("Quotes"), as shown in Attachments A and A-1 , respectively, the content of such attachments being incorporated by reference into this Agreement as if fully set out here in their entireties." IV. Section 3, Term, of the Agreement is amended by deleting the content of the section in its entirety and replacing it to read as follows: "The term of this Agreement is in three parts, as follows: the term is five years beginning October 1, 2022, and continuing through September 30, 2027, for the software purchase made pursuant to Attachments A and B (budget module); for the continuation and renewal of the pavement management software addressed in Attachment A-1 , the term period is March 1 , 2024, through September 30, 2024; and, for the permitting and licensing management software purchase made pursuant to Attachment A-1 , the term period is January 1 , 2024, through September 30, 2024, with three optional one-year renewals (as to the pavement and permitting management module items) to begin October 1 of each option year and continuing through September 30 of the following calendar year, with a final expiration date of this Agreement on September 30, 2027. Subject to sufficient future annual appropriations, the term of the Agreement beginning on and after October 1 , 2027, will auto-renew for continuing one-year terms, until either party terminates the Agreement in accordance with the conditions and requirements stated in the Agreement. Any changes and modifications to the scope and/or software products following execution of this Amendment #1 will be memorialized by written amendment and executed by an authorized representative of each party." V. Section 4, Compensation and Payment, of the Agreement is amended by replacing only the first paragraph of the section to read as follows: "This Agreement is for an amount not to exceed $1 ,486,618.00 subject to approved amendments. All pricing must be in accordance with the Page 1 of 2 attached Quotes, as shown in Attachments A and A-1 . A separate software services agreement is included as Attachment B, the content of which is incorporated by reference into the Agreement as if set out fully here in its entirety." The second paragraph of Section 4 of the Agreement remains unchanged VI. Amendment #1 is effective as of January 1 , 2024, following execution by both parties. To the extent that the provisions of this Amendment #1 conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment #1 shall prevail and govern for all intents and purposes. Josh Chronley Date Contractor Date Assistant Director— Finance & Procurement Assistant City Attorney Date Page 2 of 2 Attachment A-1 69 Vtosoft Date: 11/29/2023, 12:35 PM 1602 Village Market Blvd SE,Suite 320 Phone: 571707-4130 Leesburg,VA20175 USA Fax: 571-291-4119 Email: sales@vertosoft.com Cage Code:7QV38 UEI Number Y7D5MXRU2839 Vertosoft Contact:Carly Moore DUNS#080431574 Phone:(540)998-8361 Federal Tax ID:81-3911287 Email:carly.moore@vertosoft.com Business Size: Small Business OpenGov Quote for City of Corpus Christi, TX Contract: DIR-TSO-4227 Quote#:Q-04019 Quote For: Expires On: 12/20/2023 Name: Holly Houghton Company:City of Corpus Christi,TX Ship To Email:holly@cctexas.com City of Corpus Christi,TX Phone:361-826-3753 PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF# Net 30 Electronic Check/ACH/Credit Card Overall POP Start Date: 1/1/2024 Overall POP End Date:9/30/2027 Term 1 Period of Performance:01/01/2024-09/30/2024 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV- Permitting and Licensing-Public Works 1.00 113,092.50 $78,000.00 $78,000.00 HAFL- Permits-Between$1-2 Billion- lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 47,539.50 $17,085.75 $17,085.75 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY Page 1 of 5 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV- Custom Professional Services Deployment- 146.00 272.00 $232.12 $33,889.52 GHBP- Fixed Fee-Between$1-2 Billion-OY B 12B-NR- OY Term 1 TOTAL: $128,975.27 Term 1 Period of Performance:03/01/2024-09/30/2024 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV-CG- OMS Premium 1.00 75,000.00 $32,729.33 $32,729.33 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 15,000.00 $6,125.00 $6,125.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 16,875.00 $9,187.50 $9,187.50 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 16,875.00 $9,187.50 $9,187.50 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 11,250.00 $3,675.00 $3,675.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 26,250.00 $14,700.00 $14,700.00 OMSUS- B12B Term 1 TOTAL: $75,604.33 Term 1 total: $204,579.60 Term 2 Period of Performance: 10/01/2024-09/30/2025 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $104,000.00 $104,000.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $22,781.00 $22,781.00 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY Page 2 of 5 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV-CG- OMS Premium 1.00 $56,107.43 $56,107.43 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $10,500.00 $10,500.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $15,750.00 $15,750.00 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $15,750.00 $15,750.00 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 $6,300.00 $6,300.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $25,200.00 $25,200.00 OMSUS- B12B Term 2 TOTAL: $256,388.43 Term 3 Period of Performance: 10/01/2025-09/30/2026 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $109,200.00 $109,200.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $23,920.05 $23,920.05 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY OPGV-CG- OMS Premium 1.00 $58,912.80 $58,912.80 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $11,025.00 $11,025.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $16,537.50 $16,537.50 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $16,537.50 $16,537.50 OMSTR- B12B Page 3 of 5 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV-CG- Walkability Domain(OMS) 1.00 $6,615.00 $6,615.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $26,460.00 $26,460.00 OMSUS- B12B Term 3 TOTAL: $269,207.85 Term 4 Period of Performance: 10/01/2026-09/30/2027 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $114,660.00 $114,660.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $25,116.05 $25,116.05 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY OPGV-CG- OMS Premium 1.00 $61,858.44 $61,858.44 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $11,576.25 $11,576.25 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $17,364.38 $17,364.38 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $17,364.38 $17,364.38 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 $6,945.75 $6,945.75 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $27,783.00 $27,783.00 OMSUS- B12B Term 4 TOTAL: $282,668.25 GRAND TOTAL:$1,012,844.13 Page 4 of 5 Quote Terms By purchasing the products and services described in this order form, the Customer is expressly agreeing to the End User Agreement published at https://www.vertosoft.com/tenors-and-conditions-opengov Taxes: Sales tax shall be added at the time of an invoice,unless a copy of a valid tax exemption or resale certificate is provided. Credit Card Orders: Additional fees may apply if paying by credit card. All Purchase Orders must include: End User Name,Phone Number,Email Address,Purchase Order Number, Government Contract Number or Our Quote Number,Bill-To and Ship-To Address(Cannot ship to a PO Box),Period of Performance (if applicable), and a Signature of a duly Authorized Representative. Page 5 of 5 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 OPENGOV Statement of Work City of Corpus Christi, TX Creation Date: 7/11/2023 Document Number: PS-04400 Version Number: 2 Created by: Dean Simpson 2023 Statement of Work v2.1 1 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Table of Contents 1.Overview and Approach 3 1.1. Agreement 3 2.Statement of Work 3 2.1. Project Scope 3 2.2. Facilities and Hours of Coverage 4 2.3. Key Assumptions 4 2.4. Exclusions 4 2.5. OpenGov Responsibilities 4 2.5.1. Activity 1 -Project Management 4 2.5.2. Activity 2-Initialization 5 2.5.3. Activity 3-OpenGov Use Cases 6 2.5.4. Activity 4-Training 6 2.6. Your Responsibilities 6 2.6.1. Your Project Manager 7 2.7. Completion Criteria 7 2.8. Estimated Schedule 7 2.9. Illustrative Project Timelines 8 2.10. Charges 8 2.11. Offer Expiration Date 8 Appendix A: Engagement Charter 9 A-1: Communication and Escalation Procedure 9 A-2: Change Order Process 9 A-3: Deliverable Materials Acceptance Procedure 10 Appendix B: Deliverables 11 B-1: Data Deliverables 11 B-2: Record Type Deliverables 11 B-3: Training Deliverables 12 Appendix C: Technical Requirements 13 2023 Statement of Work v2.1 2 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 1 . Overview and Approach 1.1. Agreement This Statement of Work("SOW")identifies services that OpenGov, Inc.("OpenGov"or"we")will perform for City of Corpus Christi, TX("Customer'or"you")pursuant to that order for Professional Services entered into between OpenGov and the Customer("Order Form")which references the Master Services Agreement or other applicable agreement entered into by the parties(the "Agreement"). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. • The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. • Customer's use of the Professional Services is governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Permitting & Licensing as defined in the OpenGov Responsibilities section of this document(Section 2.5). Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Permitting& Licensing solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the "OpenGov Responsibilities"section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov's standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v2.1 3 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays. C. Use personnel and resources located across the United States, and may also include OpenGov-trained staffing contractors to support the delivery of services. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. General: A. Individual software modules are configured based on discussions between OpenGov and Customer. B. All training,working sessions, and configuration is completed remotely, unless otherwise specified in appendix C. Customer will gather and provide all applicable Prerequisite Data Checklist items priorto the first project working session being held. D. Customer's source data will be provided in accordance with Appendix C: Technical Requirements . E. Customer will validate and sign off on each deliverable in Appendix B: Deliverables. F. Go Live date will be agreed and signed off between the Customer and OpenGov project manager during project planning. G. Customer will sign off on the Solution Acceptance prior to Go Live. H. The project plan assumes one Go-Live event and cutover unless otherwise specified in Appendix B: Deliverables. 2.4. Exclusions A. No historical data migration is included with this scope of work. 2.5. OpenGov Responsibilities 2.5.1. Activity 1 - Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning 2023 Statement of Work v2.1 4 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 OpenGov will: A. Review the SOW, contract and project plan with Customer's Project Manager and key stakeholders to ensure alignment and agreed upon timelines? B. Coordinate a go live planning and data workshop to plan data integrations and migrations; C. Maintain project communications through your Project Manager; D. Establish documentation and procedural standards for deliverable Materials? and E. Assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. Project Tracking and Reporting OpenGov will: A. Review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. Work with your Project Manager to address and resolve deviations from the project plan? C. Conduct regularly scheduled project status meetings; and D. Administer the Appendix A-2: Change Order Process with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials: • Planning and Data Workshop • Project Plan and Timeline • Weekly Status Reports • Go Live Checklist • RAID • Project Charter 2.5.2. Activity 2 - Initialization OpenGov will provide the following: A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy Completion Criteria: This activity will be considered complete when: • Customer Entity is created 2023 Statement of Work v2.1 5 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 • System Administrators have access to Customer Entity • Solution Blueprint is presented to Customer Deliverable Materials: • Solution Blueprint • Sign-off of Initial Draft Solution Blueprint 2.5.3. Activity 3 - OpenGov Use Cases Use cases: OpenGov will provide the following: Public Works: Right-of-Way Permits,Waste/Water Management, etc Completion Criteria: This activity will be considered complete when: • Deliverables are configured/completed Deliverable Materials: • Formal sign off document 2.5.4. Activity 4 - Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: • Training is provided Deliverable Materials: • Formal sign off document 2.6. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Change Order Process. 2023 Statement of Work v2.1 6 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 2.6.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. Manage your personnel and responsibilities for this project(for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing)? B. Serve as the interface between OpenGov and all your departments participating in the project; C. Administer the Appendix A-2: Change Order Process with the Project Manager; D. Participate in project status meetings? E. Obtain and provide information, data, and decisions within five(5)business days of OpenGov's request unless you and OpenGov agree in writing to a different response time; F. Resolve deviations from the estimated schedule,which may be caused by you; G. Help resolve project issues and escalate issues within your organization, as necessary? and H. Create,with OpenGov's assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones, estimates, and duration. 2.7. Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A. OpenGov accomplishes the activities set forth in"OpenGov responsibilities"section and delivers the Materials listed, if any; or B. The End Date, as agreed upon between the Customer and OpenGov during project planning, is reached. 2.8. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 2023 Statement of Work v2.1 7 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 The Services are currently estimated to start within two (2)weeks but no later than four(4) weeks from signatures, unless otherwise agreed upon between the Customer and OpenGov, and have an estimated end date of nine (9) months after signatures("Estimated End Date'). The End Date will be agreed between Customer and OpenGov during project planning. 2.9. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. Illuatratrve Timeline Month 1 kton:h 2 h`an:h 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Data Framework Historical Data Migration Record&Financial Exports Document Migration Requirements and Discovery Initiate' Permitting Licensing and Code Confgure' Enlomement Suite Validation" Go-Live Reporting&Transparency "Timelire is depeneert or:Fe rL mtier of service areas and record types. Va da_ic .cata in .ion and migration Cper:�cv G-1,q,—tion C,,stamen-.aliJ. Go Ln•a Lvent 2.10. Charges The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $2500 expenses without written approval from the Customer. 2.11. Offer Expiration Date This offer will expire on October 7, 2023 unless extended by OpenGov in writing. 2023 Statement of Work v2.1 8 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: • Regular communication aligned to the agreed upon project plan and timing. o OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. • Executive involvement o Executives may be called upon to clarify expectations and/or resolve confusion. o Executives may be needed to steer strategic items to maximize the value through the deployment. • Escalation Process: o OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised • Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. • Resolution will be documented and signed off following Executive review. • Phase Sign-Off o OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order-Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v2.1 9 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: • The deliverable material will be submitted to your Project Manager. • Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. • Within five(5)business days of receipt,your Project Manager will either accept the deliverable Material or provide OpenGov's Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five(5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. • All acceptance milestones and associated review periods will be tracked on the project plan. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. • Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1: Communication and Escalation Procedure . As set forth in the"Customer Delays"provision of the Agreement, if there are extended delays(greater than 10 business days)in Customer's response for requested information or deliverable; OpenGov may opt to put the project on an"On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the"On-Hold"status. • Putting a project"on Hold"may have several ramifications including, but not restricted, to the following: • Professional Services to the customer could be stopped; • Delay to any agreed timelines; or • Not having the same Professional Services team assigned. 2023 Statement of Work v2.1 10 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix B : Deliverables B-1: Data Deliverables Master Address Table(MAT)Integration • OpenGov will: o Provide a template file to be utilized by the Customer to populate MAT information. o Import the completed template file and validate against the completed template file. • Customerwill: o Populate and validate the MAT template. ESRI ArcGIS Server Integration • OpenGov will: o Integrate with the Customer's ArcGIS public API endpoint. GIS Flag Integration • OpenGov will: o Provide a template file to be utilized by the Customer to populate GIS Flag information. o Import the populated template file after acceptance. o Enable the GIS Flag Integration. • Customerwill: o Populate and validate the flag template file. Accounting and Finance Export • OpenGov will: o Provide an export of financial data, based on the Customer's provided format, to the Customer's FTPS as often as nightly. • Customerwill: o Agree upon specifications prior to export. Operational Awareness Record Export • OpenGov will: o Provide up to one(1) Record Export from the customer's OpenGov Permitting and Licensing instance to the customer's OpenGov Enterprise Asset Management instance for operational awareness. • Customerwill: o Agree upon specifications prior to export. B-2: Record Type Deliverables OpenGov will configure the following standard record type drafts of Customer's record types in the Permitting& Licensing system including Form,Workflow, Output Document and Fees: Public Works Service Area Up to three(3) record types: • Right-of-Way Construction Permit • Pilot Parklet Permit 2023 Statement of Work v2.1 11 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 • Street Closure Permit Customerwill: • Attend working sessions to validate, review, and iterate upon draft records. • Test all configured record types 6-3: Training Deliverables OpenGov will: Administrator Training • Provide up to fourteen(14)hours of Permitting & Licensing system administrator training to enable system administrators on the following topics: • Setting up the public portal • Employee app settings • Creating and editing record types • Managing Forms • Editing Documents • Creating Workflows • Setting up Inspections End User Training • Provide up to four(4)hours of end-user trainings designed for Plan Review, Inspectors, Finance Staff, etc.to cover the following topics: • Navigation of the system • Manage inbox and tasks • Take payments • Conduct inspections • Create records Customerwill: • Identify the relevant participants to attend each training session. 2023 Statement of Work v2.1 12 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix C: Technical Requirements Master Address Table • All addresses must have a unique ID • Flat file, .csv, .xls, .xlsx, .txt with headers • Parcels and address points recommended • Recommended source data: Esri GIS, Alternative source options include: Assessor's database, E911 ESRI ArcGIS • Publicly-accessible secure ESRI REST API URL ArcGIS Flags • Polygon Layer(s)via ESRI REST API URL, Polylines and points are not supported Financial and Record Exports • Required format(columns)and sample document Current application forms,workflows,fee structures,and output documents • PDF, Word, .csv, .xls, .xlsx with headers 2023 Statement of Work v2.1 13 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 12, 2023 Legistar Number: 23-1695 Agenda Item: Ordinance authorizing execution of Amendment#1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1 ,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund Amount Required: $204,579.60 Fund Name Accounting Unit Account No. Activity No. Amount Streets 1041-33-12401 520105 $204,579.60 Total $204,579.60 ❑ Certification Not Required Director of Financial Services Date: , 2023 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 One Reading Ordinance for the City Council Meeting of December 5, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager Heatherh3(cD-cctexas.com 361-826-3227 South Texas Military Housing, LP — CNATRA Flag Officer Quarters CAPTION: Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. SUMMARY: This ordinance authorizes an expenditure up to $1,000,000.00 from the Corpus Christi B Corporation Economic Development fund for the construction of the Chief of Naval Air Training ("CNATRA") Flag Officer quarters and facility for the two-star Admiral overseen by the South Texas Military Housing, LP ("STMH") which is in a public/private venture with the Navy, who renovates, builds, maintains, and manages family housing onboard Naval Air Station - Corpus Christi ("NAS-CC"). BACKGROUND AND FINDINGS: On November 13, 2023, the Type B Corporation unanimously voted to support the expenditure of $1,000,000.00 for the construction of the CNATRA Flag Officer quarters at NAS-CC. On October 12, 2023, with overwhelming support, the CCREDC Board of Directors voted unanimously to recommend this project to the Type B Corporation. STMH is requesting a grant of up to $1,000,000.00 from the Type B Corporation. The grant will go towards the construction of the CNATRA quarters and facility. CNATRA is a two-star Admiral who oversees all naval air training; including pilots, naval flight officers (NFO), and Blue Angels, and is headquartered onboard NAS-CC. CNATRA has a staff of 193 military and civilian personnel stationed; the average salary is $65,000 per year. After Hurricane Harvey, the Admirals quarters were condemned and there are currently no existing budget methods to build the CNATRA facility. The construction of the two-story facility is estimated to be $1,550,000.00; the second story for living quarters and the first floor to host important meetings, special dignitaries, visiting guests and an entertainment venue for the NAS- CC. City participation has occurred for similar projects across the United States in the past. For example, in support of their military partners the City of Huntsville since 2003 has spent more than $3,500,000.00 upgrading housing for generals on Redstone Arsenal; one of the houses is more than 4,000-square feet and was earmarked for the general. The size of this unit is because it involves a lot of entertainment of dignitaries and space needed for official functions. Since then, they have funded two more houses and added two major commands. Losing CNATRA could be devastating to the base. The importance of having a flag officer (Admiral) onboard NASOCC is critical. In eras of austerity, base realignments can happen and when they do it is important that one of the commands be a flag officer. CNATRA has become an advocate for our area. Base Realignment and Closure (BRAC) does not have to occur for cuts to come to our bases. There are also other participating entities who are pledging funds for the project, The Port of Corpus Christi, City of Kingsville, and Kleberg County. ALTERNATIVES: The City Council could choose not to fund this expenditure or could choose to fund at a lesser amount. FINANCIAL IMPACT: The financial impact is an amount up to $1,000,000.00 to be funded with the Type B Economic Development Fund in FY 2024. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15010 Major Business Projects Mission Element: 57 Economic Development Project # (CIP Only): Account: 530000 Professional Services Expense RECOMMENDATION: Staff recommend approval of the expenditure in the amount up to $1,000,000.00 to be funded by the Corpus Christi B Corporation in FY 2024. LIST OF SUPPORTING DOCUMENTS: Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) 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 passed Proposition 2, Adopting 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 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corporation's Board of Directors ("Board")-, WHEREAS, the Board has determined that it is in the best interests of the residents of the City that up to $1 ,000,000.00 from the Corpus Christi B Corporation Economic Development Fund be reserved for a project to construct a Chief of Naval Air Training ("CNATRA") Flag Officer quarters at Naval Air Station — Corpus Christi ("NAS-CC") and approved the reservation of funds for this project on November 13, 2023; WHEREAS, CNATRA's continued presence at NAS-CC will provide an economic benefit to the City through the retention of 193 military jobs and the creation of 4 new military jobs; WHEREAS, the Flag Officer quarters will provide an economic benefit to the City by serving as the entertainment and community center of NAS-CC, which allows NAS-CC to host executive military personnel and events that focus on NAS-CC and the Corpus Christi region; and WHEREAS, the City Council has determined that the construction of a CNATRA Flag Officer quarters at NAS-CC will promote or develop new or expanded business enterprises that create or retain primary jobs in Corpus Christi. Be it ordained by the City Council of the City of Corpus Christi, Texas: Page 1 of 2 Section 1. Funds in the amount of $1 ,000,000.00 are appropriated from Type B Fund No. 1145 for an agreement with South Texas Military Housing, LP. Section 2. The FY2023-24 Operating Budget adopted by Ordinance No. 033151 is amended to increase expenditures by $1 ,000,000.00. Section 3. The City Council authorizes the use of up to $1 ,000,000.00 from the Corpus Christi B Corporation Economic Development Fund for an agreement with South Texas Military Housing, L.P., for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station — Corpus Christi, subject to the future approval of an agreement by the Corpus Christi B Corporation Board. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 *01 i ' a�uHi u ype B Furdng Request - for Chief of Naval Air Training Flag Officer s � h l° M, o77 77 e n 'p` Presented by Randy Almaguer,Compliance Officer-CCREDC Corpus Christi 5 r REGIONAL ECONOMIC OE VELOPME NT CORPORATION - SOUTH TEXAS MILITARY TASK FORCE ,11LI ,RVIAs,;FORCE • The South Texas Military Task Force is a non-partisan group comprised of local community and business leaders who recognize the importance of advocating for and supporting our area military facilities • Mission of the STMK • Preserve, Protect,Communicate and Expand the value of military facilities in the Coastal Bend Region • Kresten Cook, Executive Director • Alan Wilson, Chairman 11�r Corpus Christi REGIONAL ECONOMIC OE VELOPMENT CORPORATION Top Industries in the Coastal Bend Region • Naval Air Station Corpus Christi— 5,000 personnel • Contributes $3.313tothe local economy • 41 tenants call NAS-CC Home,including: • Chief of Naval Air Training(CNATRA) _ a • US Customs&Border Protections • Corpus Christi Army Depot(CCAD)—2,900 personnel • Contributes$1.4B to the local economy • Largest helicopter repair facility in the world • Average Salaries _. • Active Duty$67K • Civilian,$96k 1 Corpus Christi RECIONRL ECONOMIC OE WE LOPMENT CORPORATION Chief of Naval Air Training - Flag Officer Quarters (CNATRA) • The original quarters was constructed in .Qf 1941 -Served for almost 80 years • Severely Damaged by Hurricane Harvey in e IIW 2017 and deemed uninhabitable andHUR ?v of 1?L i�0 J lC. s OR-OE'c"s 9LR i Rs . beyond repair RRLn- P1vf R TLPRIE�Rf Ill R H)RF I • The Flag Officer quarters and several kI oF IHE other residences on King Drive were w razed in 2022. � � 4ENM1 � n fR T�fT q 1 Corpus Christi EKIONNL ECONOMIC OE WE LOPMENT CORPORATION Project Details • South Texas Military Housing is requesting a grant of up to $1,000,000.00 from the Type B Corporation. • The grant will go towards the reconstruction of the CNATRA quarters and facility. • CNATRA is a two-star Admiral who oversees all naval air training including pilots, naval flight officers (NFO), and the Blue Angels. • CNATRA has a staff of 193 military and civilian personnel stationed aboard NASCC; the average salary is $65,000 • The size of the facility is due to its many functions including entertaining dignitaries, hosting official Navy functions, and providing a residence for the Admiral. 1 Corpus Christi RECONOMIC PROPOSED F L A G Of VfLOPME l OPMExT CORPORATION OFFICER QUARTERS • Two-story facility between 3,800— 4,000 sq.ft. • First Floor will be for official Navy gatherings Second Floor will be a residence for the Admiral • Estimated construction cost of$1,550,000 .■■ -'l • Construction timeline is between 12- 16 months after 'fs: °�_I ■■- ■■ In.■■ ■� II'p approval and sign off by Naval Facilities .M;9 _ .... Project Funding Sources ::N ■����� ■ • The Ci of Corpus Christi T B Corporation - �■■ ■■ ■■■■■x m City p YID po 111 L _ :u in 1 IN I approved funding up to an amount of$1,000,000 ----- LH • Other entities pledging grant funds for remaining =_ funding gap of$550,000: o Port of Corpus Christi o City of Kingsville o Kleberg County CONCEPTUAL DESIGN Corpus Christi REGIONAL ECONOMIC OE VEL.1—COR—RTIO. f ' Ala, E TW ,I k� 1 I. _ } GG OIL :f F ry milli Y _ 7 Corpus Christi REGIONAL ECONOMIC OE VELORMERT COR-RTION NEXT STEPS : • Negotiate Contract Agreement with South Texas Military Housing— Dec/Jan • Type B Corporation -January • Public Hearing &Motion to approve agreement Corpus Christi REGIONAL ECONOMIC OE VELOPMENT CORPORATION RECCOMENDAMON: • Staff is recommending approval of the expenditure in the amount up to $1,000,000 to be funded by the City of Corpus Christi B Corporation in Fiscal Year 2024. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3 Ldcctexas.com 361-826-3506 Resolution approving a Master Development Agreement for the Whitecap Public Improvement District No. 1 CAPTION: A Resolution of the City Council of the City of Corpus Christi, Texas; Approving and Authorizing the Execution of a Development Agreement Relating to the Whitecap Public Improvement District No. 1; and Resolving Other Matters Related thereto. SUMMARY: This item will approve a Master Development Agreement (MDA) for the Whitecap Public Improvement District No. 1 which will contain details about the development and all other agreements in relation to the Whitecap development including the TIRZ agreement, Planned Unit Development (PUD) agreement, Public Improvement District agreement (PID) and any future 380 agreements. BACKGROUND AND FINDINGS: In September 2021 Diamond Beach Holdings submitted an application for a Public Improvement District (PID) on North Padre Island for a master planned community that would come to be known as Whitecap. In February 2022 the City received a PID petition from Diamond Beach for the proposed PID that was followed by a revised petition received on April 8, 2022. A PID allows for an additional amount to be assessed on properties within the district which can be used to pay for the cost of public infrastructure or amenities that benefit the properties within the district. These costs can be reimbursed on a pay-as-you-go basis, or the City can issue bonds secured by the assessments. On May 17, 2022 City Council held a public hearing and then approved a resolution authorizing the creation of Whitecap Public Improvement District No. 1. Since the creation of the PID, the PID working group has been working together to negotiate and finalize the required PID documents which include the Service and Assessment Plan (SAP) and resulting levy of assessments along with a master development agreement. The working group includes: • City Staff • Norton, Rose Fullbright-City's bond council • Specialized Public Finance, Inc-City's financial advisor • FMSbonds, LLC-Bond underwriter • P3 Works-PID consultant and administrator • Ashlar Development-Developer • Shupe Ventrua, PLLC-Developer's council • Diamond Beach Holdings, LLC-Property owner Due to the complexity of the Whitecap development and the different agreements between the City and the developer, a master development agreement is being used to accumulate and record all agreements and parameters for the Whitecap development. These agreements include the: • Tax Increment Financing Zone #2 (TIRZ #2) reimbursement and development • Public Improvement District (PID) • Any future economic development agreements including a 380 Agreement • Planned Unit Development Overlay (PUD) These agreements are approved separately by the respective bodies but will be recorded and referenced within the MDA so that all agreements can be found in a single document. The MDA also details infrastructure ownership and maintenance responsibilities for the public infrastructure, canals and bulkheading, and infrastructure reimbursed by the TIRZ. ALTERNATIVES: City Council could choose to not approve the MDA or make changes to the proposed agreement. FISCAL IMPACT: There is no fiscal impact of this action. RECOMMENDATION: Staff recommends approval of the MSA as presented. LIST OF SUPPORTING DOCUMENTS: Development Agreement Whitecap North Padre Island RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THE WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1; AND RESOLVING OTHER MATTERS RELATED THERETO. WHEREAS, the City Council (the "City Council") of the City of Corpus Christi, Texas (the "City") has determined to enter into a development agreement by and between the City and Ashlar Interests, LLC, a Texas limited liability company, relating to the Whitecap Public Improvement District No. 1 (the "Development Agreement") to establish certain commitments related to development within the district, including the construction and funding of certain public improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The findings and premises contained in the recitals above are hereby deemed to be true and correct and incorporated as a part of this Resolution for all purposes. SECTION 2. The Development Agreement attached hereto as Exhibit A, is approved and the City Manager, or designee, is authorized to execute such Development Agreement on behalf of the City. SECTION 3. 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 City Council. SECTION 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5. 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 City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 6. 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 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 138217220.3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THIS THE 12th DAY OF DECEMBER, 2023. CITY OF CORPUS CHRISTI, Paulette Guajardo, Mayor ATTEST: Rebecca L. Huerta, City Secretary (CITY SEAL) 138217220.3 Exhibit A to Resolution Development Agreement 138217220.3 DEVELOPMENT AGREEMENT WHITECAP NORTH PADRE ISLAND This Development Agreement (this "Agreement") is entered into by and between ASHLAR INTERESTS,LLC, a Texas limited liability company, (the 'Developer")and the City of Corpus Christi, Texas (the "City"), to be effective on December 12, 2023 ("Effective Date"). RECITALS WHEREAS, the City is a home-rule municipality of the State of Texas located within Nueces, Aransas, San Patricio, and Kleberg Counties; and WHEREAS, Developer, acting solely on behalf of Diamond Beach Holdings, LLC (the "Owner"),and the City(which are sometimes individually referred to as a"Party" and collectively as the "Parties") desire to enter into this Agreement; and WHEREAS, Owner owns approximately 242.011 acres of land located wholly within the corporate limits of the City and Nueces County(the "County")and described by metes and bounds in Exhibit A and depicted on Exhibit B (the "Proper "); and WHEREAS, the Property is zoned as "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development Overlay by Ordinance No. 032890 (the "Zoning Ordinance") approved by the City Council of the City ("City Council") on October 18, 2022; and WHEREAS, the Parties intend that the Property will be developed in accordance with the Zoning Ordinance as a master planned mixed-use development (the 'Development" or the "Project") consisting of single-family, multi-family and commercial uses as described in the Zoning Ordinance; and WHEREAS, the Property lies within Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone") established by Ordinance No. 024270 adopted by the City Council on November 14,2000 in accordance with the Tax Increment Financing Act,Texas Tax Code Chapter 311, as amended(the "Zone Act"); and WHEREAS, on December 6, 2022, the City Council approved Ordinance No. 032929 extending the term of the Zone to December 31, 2042 and amending the Tax Increment Reinvestment Zone #2, City of Corpus Christi Project and Finance Plan(as revised and amended, the"TIRZ Final Proiect and Finance Plan")to add certain onsite and offsite public infrastructure projects (the "TIRZ Projects")for the benefit of the Property and the Zone; and WHEREAS, Developer has agreed to pay for and construct the TIRZ Projects; and, the board of directors of the Zone (the "Zone Board") and the City have agreed to reimburse Developer for a portion of the costs of the TIRZ Projects from certain revenues deposited into the tax increment fund for the Zone (the "TIF Fund") in accordance with the TIRZ Final Project and Finance Plan, and that certain TIRZ 92 Development Reimbursement Agreement Whitecap, effective as of April 28, 2023 (as the same may be amended from time to time, the "TIRZ Agreement")' a copy of which is attached hereto as Exhibit C and is incorporated herein for all purposes, and this Agreement; and ' The Parties acknowledge that the Zone Board intends to consider approval of an Amended and Restated TIRZ Agreement that increases the maximum reimbursement from the TIF Fund from$11,500,000 to$25,500,000. 1156.011\422096.14 WHEREAS,the Property also lies within the Whitecap Public Improvement District No. 1 (the "PID") created by Resolution No. 032761 approved by the City Council on May 17, 2022, and recorded in the real property records of Nueces County as Instrument No. 2022024701 on May 20, 2022; and WHEREAS, Developer has agreed to pay for and construct certain public infrastructure projects (the "PID Authorized Improvements"); and, the City intends to reimburse Developer under the terms of a reimbursement agreement (the "PID Reimbursement Agreement"), substantially in the form attached as Exhibit D with such changes as may be agreed to by the Parties, for a portion of the costs of the PID Authorized Improvements from the collection of special assessments("PID Assessments")levied against portions of the Property that are specially benefitted by the PID Authorized Improvements,which may include through the issuance and sale by the City of special revenue bonds secured by the PID Assessments("PID Bonds"), as described in this Agreement; and WHEREAS, the Parties intend to enter into one or more agreements related to the Project (each a "Chapter 380 Agreement") in accordance with Article III, Section 52-a of the Texas Constitution and Chapter 380 of the Texas Local Government Code, as amended; WHEREAS, the Parties intend for this Agreement, the TIRZ Agreement, the PID Reimbursement Agreement(as defined below), and any Chapter 380 Agreement, if entered into in the future (collectively, the "Public Infrastructure Agreements") to establish certain commitments related to the Project, the construction and financing of the TIRZ Projects and PID Authorized Improvements (collectively, the "Public Infrastructure"), and WHEREAS, based on current plans, which are subject to change as development of the Project progresses, the Developer estimates the total Capital Investment in the Project will be approximately as follows: TIRZ Projects: • Bridge Improvements $25,500,0002 • Project Increment Improvements PID Authorized Improvements: • Road Improvements • Water Improvements $70,000,000 • Sanitary Sewer Improvements to • Drainage Improvements $100,000,000 • Parks and Open Space Improvements Private Investment • Amenities, Parks and Open Space Improvements for Initial Phase $30,000,000 • Private Infrastructure to • Public Infrastructure not Reimbursed by PID or TIRZ $50,000,000 2 Subject to Zone Board approval an Amended and Restated TIRZ Agreement consistent with the TIRZ Final Project and Finance Plan and the Zone Act. 2 1156.011\422096.14 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, the Parties agree as follows: ARTICLE ONE RECITALS AND REPRESENTATIONS 1.01 Recitals. 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, and (d) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, must be taken into consideration and,to the maximum extent possible,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. 1.02 Authority and Enforceability. The City represents and warrants that this Agreement has been approved 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 on behalf of the City has been duly authorized to do so. Developer represents and warrants that this Agreement has been approved by appropriate action of Developer, and that the individual executing this Agreement on behalf of Developer 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. Each Party further acknowledges and agrees that the performance by the Parties under this Agreement is authorized by Sections 372.023 and 372.152 of the PID Act (defined below); and Section 311.008 of the Zone Act(defined below). ARTICLE TWO PURPOSES, TERM AND CONSIDERATION 2.01 Purposes. The Parties desire to enter into this Agreement and the PID Reimbursement Agreement, and have entered into the TIRZ Agreement, to provide for the construction of the Public Infrastructure related to the Project and to establish the means of and terms for financing the Public Infrastructure by the City and the Developer. 2.02 Term. The term of this Agreement (the "Term") shall start on the Effective Date and shall expire on the later of: (1) all costs of the Public Infrastructure to be reimbursed to the Developer under the Public Infrastructure Agreements have been paid in full, or (2) thirty (30) years from the Effective Date of this Agreement. The Parties may extend the term of this Agreement if they execute an agreement in writing. Each of the Public Infrastructure Agreements will expire in accordance with their terms. 2.03 Consideration. The covenants of, benefits to, and performances by, the Parties set forth in the Public Infrastructure Agreements,plus the mutual promises expressed herein, are good and valuable consideration for the Public Infrastructure Agreements, the sufficiency of which is hereby acknowledged by the Parties. 3 1156.011\422096.14 ARTICLE THREE PUBLIC INFRASTRUCTURE 3.01 Public Infrastructure. Except as otherwise expressly provided for in this Agreement, all Public Infrastructure shall be designed, constructed, installed, and inspected in compliance with all applicable City ordinances, rules, regulations, standards, policies, orders, guidelines or other City-adopted or City-enforced requirements, including the City's uniform engineering design standards and the Zoning Ordinance, as they exist as of the date of this Agreement (collectively, the "City Regulations"). Additionally, the TIRZ Projects shall also comply with the TIRZ Final Project and Finance Plan and the PID Authorized Improvements provide a special benefit to the Property to be assessed and shall be as described in the PID Service and Assessment Plan for the PID to be adopted by the City Council. 3.02 License to Enter. If any TIRZ Projects or PID Authorized Improvements are or will be on land owned or controlled by the City, the City hereby grants to the Developer a license to enter upon such land for purposes related to construction and maintenance (pending acquisition and acceptance) of the TIRZ Projects or PID Authorized Improvements, as applicable. Developer agrees that it and all of its agents, assigns, contractor, and employees will comply with the City's requirements for construction of public works on City property, which are attached hereto as Exhibit E. The City hereby agrees to enter into a license agreement, in a form reasonably acceptable to the City Attorney,to allow Developer to enter upon City-owned land as required by any agreement relating to the dredging of canals as described in Section 3.06 below. 3.03 Effluent Water. The Parties agree that they will enter into an agreement for access to effluent water substantially in the form of the City's standard agreement for effluent water for the purposes of maintaining pond levels within the Project and for the irrigation of public open spaces. 3.04 The City acknowledges that no sales tax is owed on materials incorporated into all Public Infrastructure to be owned by the City. The City agrees to provide to Developer and its designees a copy of the City's sales tax exemption certificate to be used when purchasing materials incorporated into the Public Infrastructure. The City supports sales tax exemption for such materials incorporated into such Public Infrastructure to the extent such improvements are to be conveyed to the City and primarily used for a public purpose. Developer acknowledges and agrees that sales tax will not be approved for reimbursement by the City. 3.05 Ownership and Maintenance of Public Infrastructure and Other Improvements. (a) Upon inspection, approval, and acceptance of the water and wastewater Public Infrastructure, the City shall own, maintain, and operate the water and wastewater Public Infrastructure and provide water and wastewater service to the Project. (b) Upon inspection, approval, and acceptance of the roadway and storm water Public Infrastructure,the City shall own and maintain the roadways and storm water Public Infrastructure. (c) Upon establishment of one or more owners' association(s) (each an "Owners'Association"),an Owner Association shall maintain and operate the City-owned public open spaces, pedestrian mobility bridges, trails, common areas, right-of-way irrigation systems,right-of-way landscaping, screening walls, and appurtenances on behalf of the City as shown on Exhibit F. The City will enter one or more maintenance 4 1156.011\422096.14 agreements with an Owners' Association prior to such improvements being dedicated to the City. Such areas may be irrigated from any available water source, including, but not limited to,water from the retail water provider,ponds, or a water well. Said improvements shall not be maintained and operated by the City unless the Parties agree in writing to the terms and conditions of maintenance and operation by the City. 3.06 Canals and Bulkheads. The Parties acknowledge and agree that all canals and bulkheads within the Project shall be privately owned and maintained. The Parties further acknowledge and agree that an Owners' Association will enter into an agreement with the United States Army Corp of Engineers (USACE) for the purposes of dredging the canals and managing the dredged material as part of the necessary maintenance of the canals and bulkheads. The Parties agree that if required, each Party will work diligently with the USACE to identify an appropriate location within City-owned open space for the deposit of dredged materials (typically consisting of naturally recurring deposited bottom sediment such as sand, silt and clays) in accordance with such agreement. The deposit of any such dredged materials shall comply with all applicable Federal and State laws and City regulations. 3.07 Permitting. Subject to Developer's complying with all applicable laws, City agrees to cooperate with Developer to expeditiously process permits,including plat applications, site plan applications, building permit applications, building and construction inspections required for the Project. The Parties agree that a designated individual from the Development Services Department shall be appointed by the City and to assist in facilitating efficient review and processing of applications, plans, permits, inspections, and other approvals, as applicable, necessary for the Project. The Parties further agree that if delays longer than sixteen(16) days occur,the Parties will work in good faith to identify a third-party engineering firm to assist the City with the necessary reviews of applications,plans,permits, and inspections. 3.08 Recordation of Final Plat.Developer shall be permitted by right to record plats prior to completion of sidewalks required by Section 3.30.2.C.4 of the City's Unified Development Code and shall follow the process set forth in Section 8.1.10.13 of the City's Unified Development Code for deferral of sidewalk completion. ARTICLE FOUR ZONE FINANCING 4.01 Zone Financing. The City has created the Zone and approved the TIRZ Final Project and Finance Plan in accordance with the TIRZ Act to promote economic development and stimulate business and commercial activity in the Zone and to significantly enhance the value of taxable real property in the Zone and to generally benefit the City. Unless extended, the Zone expires on December 31, 2042. (a) As of the date of this Agreement, the TIRZ Projects consist of the public bridges,ponds,walking trail,kayak launches and water exchange improvements described in the TIRZ Final Project and Finance Plan and the TIRZ Agreement. The total estimated costs of the TIRZ Projects (the "TIRZ Project Costs") are set forth in the TIRZ Agreement. In the TIRZ Agreement, the City and the Zone Board agree to reimburse the Developer for TIRZ Project Costs in an amount not to exceed the Reimbursement Cap as defined in the TIRZ Agreement. 5 1156.011\422096.14 (b) The TIRZ Project costs shall be paid solely from the revenues deposited by the City in the TIF Fund in accordance with the TIRZ Final Project and Finance Plan and the TIRZ Agreement. (c) The TIRZ Agreement is an agreement authorized by Texas Tax Code Section 311.008(b) and 311.010(b) and, as such, the TIRZ Projects are exempt from the public bid requirements of Texas Local Government Code Chapter 252. (d) To the extent that anything in this agreement is inconsistent or in conflict with the TIRZ Agreement, the TIRZ Agreement will control. (e) The Parties agree that, subject to approval by the Zone Board and the City in accordance with the Zone Act, the City, the Zone Board, and the Developer and/or Owner, may enter into additional agreements or may amend the TIRZ Agreement in the future for the reimbursement of additional TIRZ Project Costs incurred for the benefit of the Zone and the Development. ARTICLE FIVE PID FINANCING 5.01 PID Financing. The City has created the PID, to fund, in part, the PID Authorized Improvements that will confer a special benefit upon the Property. As soon as reasonably practical following a request by the Developer and subject to City Council approval,the City agrees to levy PID Assessments and, provided the City's financial advisor confirms the bonds meet the below requirements and are marketable to third parry institutional investors, the City agrees to consider the issuance of PID Bonds, subject to City Council approval. (a) Funding of the PID Authorized Improvements, including but not limited to road, water, sewer, storm drainage, open space and trail improvements, and related appurtenances, providing special benefit to the Property, will include, to the maximum extent authorized by State law, and only as requested by the Developer, one or more of the following: (i) annual payments by the City to the Developer of PID Assessments not pledged to the repayment of PID Bonds issued by the City secured solely by PID Assessments in accordance with the PID Act; (ii)the issuance by the City of PID Bonds as described herein; or(iii) any other method approved in writing by the Parties. (b) The PID Authorized Improvements to be funded by PID Assessments or PID Bonds will be described in the service and assessment Plan for the PID (as amended and updated to from time to time, the "PID Service and Assessment Plan") and the PID Authorized Improvements for the first phase of development within the Project are shown on Exhibit G. The PID Authorized Improvements for subsequent phases of the Project will be as described and depicted in the PID Service and Assessment Plan. (c) The total estimated cost of the PID Authorized Improvements (the "PID Project Costs"), including the costs of any maintenance bond required by applicable City Regulations, will be as stated in the PID Service and Assessment Plan. (d) The Developer will provide an engineer's opinion of probable cost, and the City, in consultation with its financial advisor and PID administrator, will prepare the PID Service and Assessment Plan, which is subject to City Council approval. After the City approves the final PID Project Costs, prepares a proposed assessment roll based thereon, 6 1156.011\422096.14 and files the PID Service and Assessment Plan and proposed assessment roll with the City Secretary for public inspection, the City will hold a public hearing and consider levying PID Assessments against the Property. (e) Subject to City Council approval, the City shall review and update the PID Service and Assessment Plan consistent with the requirements of Section 372.013(b)of the PID Act. As needed for consistency with any updated PID Service and Assessment Plan and consistent with the requirements of Sections 372.019 and 372.020 of the PID Act, the City shall make supplemental assessments, reassessments or new assessments such that assessments reflect the updated PID Project Costs. (f) Concurrent with the levy of PID Assessments and as needed to implement the PID Service and Assessment Plan, the City, subject to City Council approval, and the Developer will enter into a PID Reimbursement Agreement under the PID Act, including specifically Sections 372.023 and 372.026, that provides for the Developer's construction of certain PID Authorized Improvements and the City's reimbursement to the Developer of certain PID Project Costs. (g) The City will use its reasonable efforts, subject to City Council approval,to issue one or more series of PID Bonds secured, in whole or in part, by PID Assessments levied against the portion of the Property specially benefitted by the PID Authorized Improvements. PID Bonds may also be secured by any other revenue authorized by the PID Act or other State law and approved by the City Council of the City. The net proceeds from the sale of PID Bonds (i.e., net of costs and expenses of issuance and amounts for debt service reserves and capitalized interest) will be used to pay PID Project Costs. Notwithstanding the foregoing,the obligation of the City to issue PID Bonds is conditioned upon the following: (i) there being a total overall minimum value to lien ratio of 3 to 1 (unless the City,in its sole discretion approves a lower value to lien ratio); (ii)the adequacy of the bond security and the financial obligation of the Developer to pay: (a) the amount, if any, by which PID Project Costs exceed the net proceeds from the sale of PID Bonds, and (b) the amount, if any, of cost overruns and all private costs needed to reach final lot value; and (iii) the PID bonds are approved by the Texas Attorney General. In the event the total overall minimum value to lien is less than 3 to 1 and the City,in its sole discretion, approves a lower value to lien ratio for the issuance of PID Bonds, to the extent permitted by applicable laws,the City may elect to hold back a portion of the PID Bond proceeds not supported by the total overall 3 to 1 value to lien ratio until the value produced by development of the Property increases to 3 to 1 value to lien. The net proceeds from the sale of the PID Bonds will be deposited in and disbursed from a construction fund created and administered pursuant to the indenture under which the PID Bonds are issued. Additionally, if the PID Project Costs exceed the net bond proceeds of the PID Bonds, the City may require the Developer to: (i) deposit cash in the amount of the shortfall to a designated account under the trust indenture relating to such PID Bonds, or (ii) provide satisfactory evidence to the City that Developer has sufficient available funds to finance the PID Project Costs not paid by the net proceeds of the PID Bonds in the form of a closed loan with a bank or financial institution, a letter of credit, or other evidence that the City finds acceptable, including Grant Dollars if applicable. The total amount of PID Bonds secured by PID Assessments levied against the Property shall not exceed $100,000,000. 7 1156.011\422096.14 (h) Pursuant to Texas Local Government Code Section 252.022(a)(9), the PID Authorized Improvements are exempt from the public bid requirements of Texas Local Government Code Chapter 252. (i) To the extent that anything in this agreement is inconsistent or in conflict with the PID Reimbursement Agreement once approved by the City Council and entered into by the Parties, the PID Reimbursement Agreement will control. 5.02 PID Notice. When selling any portion of the Property after the PID is created, the Developer shall provide notice to anyone who purchases property within the PID in the form and manner required by the Texas Property Code, as amended, including specifically Sections 5.014, 5.0141, 5.0142, and 5.0143. ARTICLE SIX EVENTS OF DEFAULT; REMEDIES 6.01 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure(such reasonable time determined based on the nature of the alleged failure,but in no event less than 30 days after written notice of the alleged failure has been given). In addition,no Party shall be in default under this Agreement if,within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. Notwithstanding the foregoing, however, a Party shall be in default of its obligation to make any payment required under this Agreement if such payment is not made within five business days after it is due. 6.02 Remedies. IF A PARTY IS IN DEFAULT, THE AGGRIEVED PARTY MAY, AT ITS OPTION AND WITHOUT PREJUDICE TO ANY OTHER RIGHT OR REMEDY UNDER THIS AGREEMENT, SEEK ANY RELIEF AVAILABLE AT LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO, AN ACTION UNDER THE UNIFORM DECLARATORY JUDGMENT ACT, SPECIFIC PERFORMANCE, MANDAMUS, AND INJUNCTIVE RELIEF. NOTWITHSTANDING THE FOREGOING, HOWEVER, NO DEFAULT UNDER THIS AGREEMENT SHALL: (a) entitle the aggrieved Party to terminate this Agreement except as described in subsection (g)below; or (b) entitle the City to suspend performance under this Agreement (including, but not limited to, withholding any type of development approval or municipal service) unless: (i)the portion of the Property for which performance is suspended is the subject of the default, or(ii)the portion of the Property for which performance is suspended is owned or controlled by the owner or developer in default (for example, the City shall not be entitled to suspend its performance with regard to the Project of"Tract X" by "Owner A" based on the grounds that any other developer is in default with respect to any other tract but may suspend performance with regard to development of "Tract X" and all tracts owned by "Owner A" if"Owner A" is in default on "Tract Y"); or 8 1156.011\422096.14 (c) affect any portion of the Property other than the platted lot or unplatted tax parcel that is subject to the default; or (d) entitle the aggrieved Party to seek or recover exemplary damages; or (e) withhold approval of any plat or other development permit or wrongfully condition or deny a plat or other development permit that meets City Regulations; or (f) limit the Term. (g) Notwithstanding the foregoing subsection (a) above, the Parties expressly agree that if, after providing notice to the Developer and an opportunity for the Developer to correct or cure any incorrect information or misleading statement, a mutually agreed- upon third-party arbiter determines that the Developer has made any materially misleading or incorrect representation or warranty, on behalf of itself or the Owner, in this Agreement or in any financial statement, certificate, report, or opinion submitted in connection with this Agreement, the Developer shall be in default of this Agreement; and, subject to City Council approval, the City may terminate this Agreement. 6.03 Limited Waivers of Immunity. The City does not waive or surrender any of its governmental powers, immunities, or rights, except to the extent permitted by law and necessary to allow the Developer to enforce its remedies under this Agreement. ARTICLE SEVEN ASSIGNMENT AND ENCUMBRANCE 7.01 Assi_ng ment. Except as provided below, Developer may not assign all or part of its rights and obligations under this Agreement to a third party without prior written approval of City, which approval will not be unreasonably withheld or delayed. The City agrees that Developer may: (a) assign all or part of its rights and obligations under this Agreement to: (1) any entity affiliated with Developer by reason of controlling,being controlled by, or being under common control with Developers; or (2) any successor to Developer due to the termination of the relationship between the Developer and the Owner; and (b) assign its right to receive payments under this Agreement to: (1) a tenant in the Project; or, (2)to a third-party lender advancing funds for the acquisition of all or part of any part of the Property or for the construction of the Public Infrastructure. The City expressly consents to any assignment described in the preceding sentence and agrees that no further consent of City to such an assignment will be required. The Developer agrees to provide City with written notice of any such assignment. 7.02 Encumbrance by Ci1y. The City shall not collaterally assign, pledge, grant a lien or security interest in, or otherwise encumber any of its rights, title, or interest under this Agreement without Developer's prior written consent. 7.03 Assignees as Parties. An Assignee shall be considered a "Party" and the "Developer" for the purposes of the rights,title, interest, and obligations assigned to the Assignee. 7.04 No Restriction on Property Transfer. No provision of this Agreement shall limit the ability of the Developer or any other person to transfer voluntarily or involuntarily its right, title, or interest in or to all or any portion of the Property. 9 1156.011\422096.14 ARTICLE EIGHT ADDITIONAL PROVISIONS 8.01 Notices. All notices required or contemplated by this Agreement (or otherwise given in connection with this Agreement) (a"Notice")must be in writing, shall be signed by or on behalf of the Party giving the Notice, and shall be effective as follows: (a) on or after the 3rd business day after being deposited with the United States mail service, Certified Mail, Return Receipt Requested with a confirming copy sent by E-mail; (b) on the day delivered by a private delivery or private messenger service (such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address (whether or not such person is the person to whom the Notice is addressed); or (c) otherwise on the day actually received by the person to whom the Notice is addressed, including, but not limited to, delivery in person and delivery by regular mail (with a confirming copy sent by E-mail). Notices given pursuant to this section shall be addressed as follows: To the City: City of Corpus Christi Attn: City Manager's Office P.O. Box 9277 Corpus Christi, TX 78469-9277 Email: elsyb2cctexas.com With a copy to: City of Corpus Christi Attn: City Attorney's Office P.O. Box 9277 Corpus Christi, TX 78469-9277 To the Owner: Diamond Beach Holdings, LLC Attn: Steve Yetts 400 Las Colinas Blvd. E., Suite 1080 Irving, TX 75039 Email: syetts2ashlardev.com To the Developer: Ashlar Interests, LLC 400 Las Colinas Blvd E, Suite 1075 Irving, TX 75039 Email: syettsgashlardev.com With a copy to: Shupe Ventura, PLLC Attn: Misty Ventura 9406 Biscayne Blvd. Dallas, TX 75218 Email: misty.venturagsvlandlaw.com Any parry may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other party. 8.02 Estoppel Certificates. From time to time upon written request of the Developer, on behalf of the Owner, the City Manager shall execute a written estoppel certificate, in a form acceptable to the City Attorney, clearly identifying any obligations of the Developer on behalf of 10 1156.011\422096.14 the Owner under this Agreement that are in default or,with the giving of notice or passage of time, would be in default, as well as a description of what the City believes will cure such default; and stating, to the extent true, that to the best knowledge and belief of the City, the Developer, on behalf of the Owner, is in compliance with its duties and obligations under this Agreement. 8.03 Interpretation. The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly,the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 8.04 Entire Agreement, Severability. The Public Infrastructure Agreements constitute the entire agreement between the Parties and supersede all prior agreements, whether oral or written, covering the subject matter of this Agreement. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, such unenforceable provision shall be deleted from this Agreement, and the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. In the event there is a conflict between the terms and provisions of this Agreement and an indenture of trust related to a series of PID Bonds, the terms and provisions of the indenture shall apply, and the City shall provide written Notice of such conflict to the Developer and to the Owner. In the event there is a conflict between the terms and provisions of this Agreement and the TIRZ Agreement, PID Reimbursement Agreement, or Chapter 380 Agreement the applicable terms and provisions of the TIRZ Agreement, PID Reimbursement Agreement, or Chapter 380 Agreement, respectively, shall apply. 8.05 Reservation of Rights. By entering into this Agreement, Developer does not waive any right that Developer or Owner may now or hereafter have with respect to any claim: (1) of rights arising from Chapter 245 of the Texas Local Government Code, as amended; (2) that the application of the City Regulations to the development of the Property violates any local, state or federal law; or (3) that an action by the City constitutes a "Taking", an inverse condemnation of all or any portion of the Property, or an illegal exaction. 8.06 Applicable Law; Venue. This Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Nueces County, Texas. Venue for any action to enforce or construe this Agreement shall be Nueces County, Texas. 8.06 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 the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. 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 it 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. 11 1156.011\422096.14 8.07 No Third-Party Beneficiaries. This Agreement only inures to the benefit of, and may only be enforced by, the Parties. 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. 8.08 Force Majeure. Each Parry shall use good faith, due diligence, and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance;however,in the event a Parry is unable, due to a Force Majeure Event (defined below),to perform its obligations under this Agreement,then the obligations of such Parry (the "Impacted Party") affected by the Force Majeure Event shall be temporarily suspended. Within three business days after the occurrence of a Force Majeure Event, the Parry claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the Force Majeure Event and a description of the action that will be taken to remedy the Force Majeure Event and resume full performance at the earliest possible time. The term "Force Majeure Event" shall include events or circumstances that are not within the reasonable control of the Parry whose performance is suspended and that could not have been avoided by such Parry with the exercise of good faith, due diligence,and reasonable care,including specifically: (a) acts of God; (b)natural disasters, such as flood, fire, hurricane, earthquake, severe weather events, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order, law, or actions; (e) embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, organized labor activities, including but not limited to labor stoppages or slowdowns; (h) restraints or delays impacting power, storage, transportation or supplies, including, but not limited to, telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) any other similar events or circumstances beyond the reasonable control of the Impacted Parry or 0) any unreasonable delays of the City, either in its capacity as a governmental entity with respect to actions related to the development and construction of the Project Improvements, such as the granting of permits or conducting inspections,or in its capacity as a Party to this Agreement with respect to its obligations under this Agreement (which unreasonable delays are not due to a Force Majeure Event as described in clauses(a)-(i)above;provided,that in no event shall the obligation to make a payment be considered a Force Majeure Event 8.09 Employment of Undocumented Workers. During the term of this Agreement, the Developer agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a(f),the Developer shall repay the incentives granted herein within 120 days after the date the Developer is notified by the City of such violation,plus interest at the rate of six percent(6%)compounded annually from the date of violation until paid.Pursuant to Section 2264.101(c), Texas Government Code, a business is not liable for a violation of Chapter 2264 by a subsidiary,affiliate, or franchisee of the business,or by a person with whom the business contracts. 8.10 No Boycott of Israel. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2271.002, Texas Government Code, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the 12 1156.011\422096.14 term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, 'boycott Israel,' a term defined in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 8.11 Iran, Sudan, and Foreign Terrorist Organizations. The Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: hqps://com]2troller.texas.gov/purchasing/docs/sudan-list.pdf, hqps://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf. The foregoing representation is made solely enable the City to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law or Texas law and excludes the Developer and each of its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. 8.12 No Discrimination Against Fossil Fuel Companies. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, 'boycott energy companies,' a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), shall mean,without an ordinary business purpose,refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. 8.13 No Discrimination Against Firearm Entities and Firearm Trade Associations. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby 13 1156.011\422096.14 verifies that it and its parent company,wholly-or majority-owned subsidiaries,and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification and the following definitions: (a) 'discriminate against a firearm entity or firearm trade association,' a term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), (A) means,with respect to the firearm entity or firearm trade association,to(i)refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, or(iii) terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B) does not include (i)the established policies of a merchant,retail seller, or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa)to comply with federal, state, or local law,policy, or regulations or a directive by a regulatory agency or (bb) for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (b) 'firearm entity,'a term defined in Section 2274.001(6), Texas Government Code(as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4), Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases),firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1), Texas Government Code, as enacted by such Senate Bill, as a loaded cartridge case,primer,bullet, or propellant powder with or without a projectile) or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment,private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting); and (c) 'firearm trade association,' a term defined in Section 2274.001(7), Texas Government Code (as enacted by such Senate Bill), means any person, corporation, unincorporated association, federation,business league, or business organization that(i)is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code.' 14 1156.011\422096.14 8.14 Affiliate. As used in Sections 8.10 through 8.13, the Developer understands 'affiliate' to mean an entity that controls, is controlled by, or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. 8.15 Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC') electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Parties understand and agree that, with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified such information. 8.16 Public Information. Notwithstanding any other provision to the contrary in this Agreement, all information, documents, and communications relating to this Agreement may be subject to the Texas Public Information Act and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this Agreement and the Developer agrees that this Agreement may be terminated if the Developer knowingly or intentionally fails to comply with a requirement of that subchapter,if applicable,and the Developer fails to cure the violation on or before the 10th business day after the date the City provides notice to Developer of noncompliance with Subchapter J, Chapter 552. Pursuant to Section 552.372, Texas Government Code, Developer is required to preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of this Agreement; promptly provide to the City any contracting information related to this Agreement that is in the custody or possession of the Developer on request of the City; and on completion of the Agreement, either provide at no cost to the City all contracting information related to the contract that is in the custody or possession of the entity or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the City. 8.17 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 8.18 Further Documents. Each Parry shall,upon request of the other Parry, execute and deliver such further documents and perform such further acts as may reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the Parties. 8.19 Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Depiction of the Property Exhibit C TIRZ Agreement Exhibit D Form of PID Reimbursement Agreement 15 1156.011\422096.14 Exhibit E Requirements for Construction of Public Works on City Property Exhibit F Ownership and Maintenance Exhibit Exhibit G Phase 1 PID Authorized Improvements' [Remainder ofpage left blank intentionally. Execution pages and exhibits follow.] s Exhibit D is based on preliminary design and engineering which are subject to change. Final PID Authorized Improvements may differ from the depictions shown on Exhibit D. 16 1156.011\422096.14 EXECUTED to be effective as of the Effective Date set forth above. CITY: CITY OF CORPUS CHRISTI, TEXAS BY: NAME: DATE: ATTEST: BY: NAME: DATE: CITY SIGNATURE PAGE TO WHITECAP DEVELOPMENT AGREEMENT 1156.011\422096.14 DEVELOPER: ASHLAR INTERESTS,LLC a Texas limited liability company, BY: NAME: DATE: DEVELOPER SIGNATURE PAGE TO WHITECAP DEVELOPMENT AGREEMENT 1156.011\422096.14 EXHIBIT A METES AND BOUNDS DESCRIPTION OF THE PROPERTY Metes and Bounds Description of the Property (approximately 242.011 acres) 242011 acres being all of a 39.692 acre tract referenced and described by metes & bounds in Substitute Trustee's Deed, Doc. No. 2017050832, Official Records, Nueces County, Texas, said 39.692 acre tract being out of Tract 27C and 27D of the Padre Island - Corpus Christi Island Fairway Estates, hereafter referred to as P.I.C.C.I.F.E., Lots 27C and 27D, a map of which is recorded in Vol. 67, Pg. 779,Map Records, Nueces County, Texas;and 202.319 acres referenced in Correction Warranty Deed, Doc. No. 2018045542, Official Records, Nueces County, Texas, and described by metes & bounds of a 28.629 acre tract (Tract 1), a 72.316 acre tract (Tract 2), a 74.440 acre tract (Tract 3), and a 30.684 acre tract (Tract 4), save & except 3.749 acres, said 3.749 acres being a portion of a 60-foot wide street tract, also known as 'Aquarius Street Re- Alignment', recorded in Doc. No. 2011039226, Official Records, Nueces County, Texas; said 202 319 acres including portions of Tract 27C and 27D of P.LC,C.I.F.E., Lots 27C and 27D, a map of which is recorded in Vol 67, Pg. 779, Map Records, Nueces County, Texas; a portion of P.I.C.C.I.F.E., Blocks 45&46,a map of which is recorded in Vol. 42, Pg. 153-154, Map Records, Nueces County, Texas; a portion of P.I.C.C.I.F.E., Block 3, a map of which is recorded in Vol. 40, Pg. 145-146, Map Records, Nueces County, Texas; all of P.I.C.C.I.F.E., Blocks 37, 38, 39, and 40,a map of which is recorded in Vol.41, Pg. 128,Map Records, Nueces County,Texas,a portion of P.I.C.C.I.F.E., Blocks 24-33,a map of which is recorded in Vol. 40, Pg. 154-159, Map Records, Nueces County, Texas; a portion of P.I.C.C.IT.E., Blocks 43& 44, a map of which is recorded in Vol. 42, Pg 10-11. Map Records, Nueces County, Texas; and portions of P.I.C.C.I.F.E., Blocks 34, 35,and 36,a map of which is recorded in Vol, 40, Pg. 183-184,Map Records, Nueces County, Texas, said Blocks 26, 35, 36, 43, 44,and a portion of Block 34 now vacated as per plat recorded in Vol. 67, Pg. 688, Map Records, Nueces County, Texas. Exhibit A 1156.011\422096.14 EXHIBIT B DEPICTION OF THE PROPERTY •� L •.4ry4 •9 �a �RRs4 ran i.....iu +• am • Z •e•r rte...ur r. + n. qac•ari..af nr i I r I J n Y1�4 O Y •"• -,x� TRACT 3 __..._ .�......_ TRACT 3 .f V I ti!__ ❑nc Hc�:ciscuux ,r ymY. ❑Rac1 j w� 7 LDN A or—me, ' TRACT 4 J - OA16G.T. f a]ww nca[s _- - L=--4..�:_.—�---�• TRACT'1 f :p 8Z'9 ACRE —GT _ - 39.7 nAC�RE PQMTRACT DOC.NO 201705= �A�k■6Ab aal rw.xr — Diamond Reach Holdings 13 WHITECAP PRESERVE xEPGNEERfH[f PUBLIC IMPROVEMENT DISTRICT(PIC])BOUNDARY DEPICTION 242.011 ACRES Exhibit B 1156.011\422096.14 EXHIBIT C TIRZ AGREEMENT Exhibit C —Page 1 1156.011\422096.14 TIRZ#2 DEVELOPMENT REIMBURSEMENT AGREEMENT-WHITECAP This TIRZ#2 Development Reimbursement Agreement—Whitecap (the "Agreement") is entered into by and between the City of Corpus Christi,Texas(the "City"),as the agent of the Reinvestment Zone Number Two, City of Corpus Christi,Texas ("TIRZ#2"), and Ashlar Interests, LLC (the "Developer").The Developer and the City are individually referred to as a "Party" and collectively as the "Parties." Recitals WHEREAS on November 14, 2000, the City Council of the City (the "City Council") approved Ordinance No. 024270, which established the TIRZ#2 in accordance with Texas Tax Code Chapter 311 (as amended, the "Act"),which ordinance was most recently amended on December 6, 2022, by Ordinance No.032929 to, among other items, extend the term of the TIRZ#2 until December 31, 2042, modify the boundaries of TIRZ#2 to add portions of the Whitecap Public Improvement District (the "District"), and add certain infrastructure improvements to be constructed related to the District as described in the Plan (defined below) for TIRZ #2. TIRZ #2 promotes economic development and stimulates business and commercial activity in the specified boundary near Park Road 22,Commodores Drive,Aquarius Street and Nemo Court as laid out in the creation ordinance; WHEREAS on December 6, 2022, the City Council most recently approved an Amended Project and Financing Plan (the "Plan")for TIRZ#2; WHEREAS the Developer has proposed a development plan (the "Development" or"Project")for certain improvements depicted on attached Exhibit A (each, an "Improvement" and, collectively, the "Improvements"), including specific eligible infrastructure improvements (each an "Eligible Infrastructure Improvement") as listed in the attached Exhibit C; WHEREAS,the Improvements are planned to be constructed on the property included in the District,with such property being more fully described on attached Exhibit B (the "Property"); WHEREAS, the Property is located within TIRZ #2, and the Improvements are included as approved improvements in the Plan; WHEREAS, any reference to "CLity" or "City Staff," is entirely in agency capacity for TIRZ#2, and further the City as a home-rule municipal corporation is not a party to this agreement; WHEREAS, any reference to "Contract Administrator" shall mean the City's Director of Finance and Procurement, or designee, unless a different Contract Administrator is named by notice mailed to the Developer in accordance with the Agreement; and WHEREAS the Developer desires to be reimbursed for certain future costs of Eligible infrastructure incurred for the Development, and the City, as agent for TIRZ#2, desires to reimburse the Developer for these costs in accordance with this Agreement; and 1 1156.011\328488.12 WHEREAS, this Agreement is an agreement authorized by Section 311.008(b) and 311.010(b) of the Act that the City, as agent of TIRZ#2, finds to be necessary to implement the Plan and achieve the purposes of TIRZ#2; Agreement Now therefore, in consideration of the mutual covenants and obligations,the parties agree as follows: Section 1. Reimbursement Obligations. The City shall reimburse the Developer from available TIRZ#2 funds for costs of the Eligible Infrastructure Improvements listed in attached Exhibit C (the "Estimated Project Costs") in accordance with this Agreement provided that: (a)the total aggregate amount of all such reimbursements for Eligible Infrastructure Improvements may not exceed $11,500,000.00 (the "Reimbursement Cap") and (b) if the Developer actually incurs a cost for an Eligible Infrastructure Improvement less than that Eligible Infrastructure Improvement's Estimated Project Cost,the City shall reimburse the Developer for only the amount of the cost that the Developer actually incurred (the "Actual Project Costs") for that Eligible Infrastructure Improvement. The Estimated Project Costs listed in Exhibit C are based on preliminary engineering and are subject to change; however, in no case will reimbursement to the Developer exceed the Reimbursement Cap. For purposes of this Agreement,the value of the Property located within TIRZ#2 as of January 1, 2022, is $17,300,784.00 (the "Base Value"). The property taxes paid to the taxing entities and dedicated to TIRZ #2 for the increased value above the Base Value constitutes the property tax increment. The total anticipated project cost, including costs that are not eligible for reimbursement, is$150,000,000.00. Based on qualifications of the Development as an authorized project of TIRZ #2, the reimbursement structure is as follows: (a) Payments From Available TIRZ #2 Funds. Specifically for the Eligible Infrastructure Improvements consisting of the two bridge Improvements listed below (each a "Bridge Improvement"), reimbursement will be paid from lawfully available funds on deposit in the tax increment fund for TIRZ#2 in three equal annual payments beginning the calendar year after each Bridge Improvement is completed and accepted by the City and the Actual Project Costs of such Bridge Improvement have been approved in accordance with this Agreement. Before any reimbursement can begin, the Developer must fully complete construction on all components of each of the listed Bridge Improvements. Upon completion of a Bridge Improvement, the Developer shall execute a "Certificate for Payment," substantially in the form attached as Exhibit D, to the Contract Administrator along with supporting documentation in the standard form required for TIRZ #2 projects for review and approval for payment in accordance with Section 1(c) below. Upon approval, and subject to the Developer's compliance with all obligations in Section 2, the three annual payments from available TIRZ#2 increment funds shall be made on or before April 30th of each year until all approved Actual Project Costs for the Bridge Improvement have been reimbursed or obligations under this Agreement have terminated in accordance with Section 6 below. The maximum reimbursement from lawfully available funds on deposit in the tax increment fund for TIRZ #2 under this Section 1(a) shall not exceed an aggregate amount of $5,900,000 for both Bridge Improvements.The individual Bridge Improvements are listed below;and,each Bridge Improvement is more completely described in Exhibit C. 2 1156.011\328488.12 a. Commodores Mobility Bridge b. Encantada Avenue Mobility Bridge. The Developer will construct the Bridge Improvements in accordance with the terms of a license agreement between the City and the Developer, which will be agreed at a later date. The license agreement will provide for all construction requirements including the provision of payment and performance bonds if required by State law.When construction of a Bridge Improvement is complete in accordance with the license agreement, the City will provide a letter accepting the Bridge Improvement. Upon acceptance of each Bridge Improvement, Developer shall be entitled to reimbursement for Actual Project Costs of each Bridge Improvement under this Section 1(a). (b) Payments From 50% of Available Prosect Increment. The Actual Project Costs of other Eligible Infrastructure Improvements will be reimbursed solely from Project Increment (defined below) on deposit in the tax increment fund for TIRZ #2. The Eligible Infrastructure Improvements to be paid solely from Project Increment (collectively,the "Project Increment Improvements") consist of: 1. Public Mobility Bridges 2. Preserve Community Walking Trail 3. Aquarius Street Box Culvert Water Exchange. Actual Project Costs for Bridge Improvements not paid under Section 1(a) above may be reimbursed from Project Increment after completion of all Project Increment Improvements as described in Section 1(b)3 below if funding is still available under the Reimbursement Cap. 1. Developer shall be eligible for reimbursement for the Actual Costs of the Project Increment Improvements upon the earlier of: (1) expenditure of at least$52,000,000 in total project costs for the Whitecap project as evidenced by submittal of a job costs report along with evidence of payments made, so long as all such costs were incurred after the Effective Date of this Agreement, or(2) approval of a final plat by the City's Planning&Zoning Commission and a set of stamped construction plans evidencing approval by City staff for the first phase of development within Sector 3 (zoned Resort Commercial CR-2) as shown on Exhibit H to the Whitecap Planned Unit Development (PUD) Guidelines and Master Site Plan approved by Ordinance No. 032890 adopted by the City Council on October 18, 2022. Subject to meeting the eligibility requirement, beginning the calendar year after each Project Increment Improvement is completed and accepted by the City as evidenced by a recorded plat for any Project Increment Improvement(or a Certificate of Occupancy for any asset that requires it) from the City's Development Services Department and the Actual Project Costs of such Project Increment Improvement have been approved in accordance with this Agreement, the City shall reimburse annually an amount equal to up to 50%of the property tax increment (for assessed value in excess of the Base Value) actually paid to the participating taxing entities in TIRZ#2 attributable to the Property and paid into the tax increment fund of the TIRZ#2 (such 50%of the property tax increment generated solely from the Property collected by participating taxing entities is referred to herein as the "Project Increment"). 3 1156.011\328488.12 2. Each such payment shall be made no later than April 30th of each year, subject to the approval of a Certificate for Payment in accordance with Section 2 and the Developer's compliance with all obligations in Section 2. Each year's payment will be limited to 50% of the Project Increment actually collected from the Property by all taxing entities on or before January 31St of that year. Each payment is also limited to the amount of Eligible Infrastructure Improvement assets that have been inspected and accepted by the City in a recorded plat provided to the Contract Administrator. Upon completion of a Project Increment Improvement, the Developer shall execute a Certificate for Payment to the Contract Administrator along with supporting documentation in the standard form required for TIRZ #2 projects, for review and approval for payment in accordance with Section 1(c) below. Each approved Certificate for Payment will certify the total maximum reimbursement for the Project Increment Improvement to be paid from Project Increment. The amount of reimbursement is limited to Actual Project Costs, which may include all costs related to the construction of the asset, including permit fees, design, and construction costs, but not interest. 3. Prior to the completion of all Eligible Infrastructure Improvements and acceptance by the City as described above,the amount reimbursed under this Agreement for Actual Project Costs for any Eligible Infrastructure Improvement may not exceed the budgeted costs listed for that Eligible Infrastructure Improvement in Exhibit C. Following completion of all Eligible Infrastructure Improvements shown on Exhibit C and acceptance by the City as described above, if the Actual Project Costs for a specific Eligible Infrastructure Improvement are less than the budgeted costs shown on Exhibit C (a "Cost Underrun"), then such Cost Underrun may be applied to reimburse the Developer for a cost overrun on another Eligible Infrastructure Improvement so long as: (1) the total reimbursement paid to the Developer under this Agreement does not exceed the Reimbursement Cap; and (2) any approved Actual Project Costs, including costs for a Bridge Improvement in excess of$5,900,000, are reimbursed solely from Project Increment in accordance with Section 1(b)1 above. 4. After City has paid to Developer an amount equal to all approved Actual Project Costs of Eligible Infrastructure Improvements up to the Reimbursement Cap or obligations under this Agreement have terminated in accordance with Section 6 below, City shall have no further obligation to pay any amount to Developer. (c) Process for Review and Approval of Actual Project Costs. Following the completion of any Eligible Infrastructure Improvement for which the Developer is eligible for reimbursement, the Developer shall submit a Certificate for Payment along with all supporting documentation in the standard form required for TIRZ#2 projects to the Contract Administrator for reimbursement of Actual Project Costs. Upon receipt of a Certificate for Payment and supporting documentation from the Developer,the City shall conduct a review in order to: (1)confirm that such request is complete, (2)confirm that the work for which payment is requested was performed in accordance with all applicable laws, applicable plans, and with the terms of this Agreement and any other agreement between the parties related to 4 1156.011\328488.12 Property,and (3)verify and approve the Actual Project Costs of such work specified in such Certificate for Payment. The City shall also conduct such review as is required in its discretion to confirm the matters certified in the Certificate for Payment.The Developer agrees to cooperate with the Contract Administrator and the City, as agent of TIRZ#2, in conducting each such review and to provide such additional information and documentation as is reasonably necessary to conclude each such review. The Developer further agrees that if the City provides to the Developer a sales tax exemption certificate, then sales tax will not be approved for payment under a Certificate for Payment. Within twenty(20) business days following receipt of any Certificate for Payment,the Contract Administrator shall either: (1) approve the Certificate for Payment and process it for payment, or (2) provide the Developer with written notification of disapproval of all or part of a Certificate for Payment,specifying the basis for any such disapproval. Any disputes shall be resolved as required by section 1(d) below. The Contract Administrator shall facilitate the payment of the approved or partially approved Certificate for Payment as quickly as practicable thereafter. (d) If there is a dispute over the amount of any payment requested under a submitted Certificate for Payment,the Contract Administrator shall nevertheless facilitate payment of the undisputed amount, and the Developer and the City, as agent of TIRZ #2, shall use all reasonable efforts to resolve the disputed amount before the next payment is made; however, if the City, as agent of TIRZ #2, and Developer are unable to resolve the disputed amount, then the City's determination of the disputed amount (as approved by the TIRZ#2 Board) shall control. (e) No interest shall accrue on any amount of unreimbursed Actual Project Costs, and City shall not be obligated to pay Developer any interest whatsoever. Section 2. Developer Obligations. (a) Developer agrees that the completed Improvements shall substantially conform to the Conceptual Development Plan attached hereto as Exhibit A and the descriptions and Estimated Project Costs in Exhibit C. Any amendments to the Conceptual Development Plan must be submitted in writing and approved by the City Manager or designee ("City Manager"). (b) Developer shall complete the Eligible Infrastructure Improvements in accordance with the deadlines listed below.Any extension of time for completion of any of the Eligible Infrastructure Improvements must be submitted in writing and approved by the City Manager. In no event may the completion date for any Improvement be extended for longer than one year from the date listed below without approval of the board of directors of TIRZ#2 (the "TIRZ#2 Board").The requirements for each Eligible Infrastructure Improvement are more completely described in Exhibit A. 1. Public Mobility Bridges—December 31, 2025 2. Commodores Drive Mobility Bridge—December 31, 2025 3. Preserve Community Walking Trail—December 31, 2025 4. Aquarius Street Box Culvert Water Exchange—December 31, 2025 5. Encantada Avenue Mobility Bridge—December 31, 2025 5 1156.011\328488.12 (c) Nothing in this Agreement shall be construed to limit or restrict any landowner's right to protest ad valorem taxes levied against property owned by the landowner of the Property. A landowner's decision to protest ad valorem taxes on Property does not constitute a default under this Agreement. Developer acknowledges and agrees that if Diamond Beach Holdings, LLC, the landowner of the Property as of the effective date of this Agreement (the "Landowner"), or any entity affiliated with the Landowner that may become a landowner of the Property within the District, fails to pay the required taxes on a lot or lots within the Property or files an appeal to the Nueces County Appraisal District or any state or federal court of the assessed value of a lot or lots within Property for ad valorem tax purposes,the City and TIRZ#2 shall be under no obligation to make any payments from revenues generated by that lot or lots under this Agreement until such time as the appeal is resolved and all taxes are paid in full. Any late fees, fines, or interest assessed as a result of the failure to pay taxes or the appeal process shall not be reimbursed to the Developer under this Agreement. (d) The Developer shall perform, or cause to be performed, all of its obligations and shall conduct, or cause to be conducted, all operations with respect to the construction of Eligible Infrastructure Improvements in a good, workmanlike and commercially reasonable manner, with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer has sole responsibility of ensuring that all Eligible Infrastructure Improvements are constructed in a good, workmanlike and commercially reasonable manner,with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer shall at all times employ adequate staff or consultants with the requisite experience necessary to administer and coordinate all work related to the design, engineering, acquisition, construction and installation of all Eligible Infrastructure Improvements to be acquired and accepted by the City from the Developer. Inspection and acceptance of Eligible Infrastructure Improvements will be in accordance with applicable City ordinances and regulations.This Agreement is an agreement authorized by Texas Tax Code Section 311.008(b) and 311.010(b) and, as such, is exempt from the public bid requirements of Texas Local Government Code Chapter 252. (e) In performing obligations under this Agreement,the Developer is an independent contractor and not the agent or employee of the City. Section 3. Audit. Developer, during normal business hours and with at least five (5) business days prior notice, shall allow designated City Staff reasonable access to inspect all financial and business records of Developer that relate directly to the Improvements to the extent necessary to assist City Staff in verifying the Developer's compliance with the terms and conditions of this Agreement. TIRZ#2 and the City shall have the right to have these records audited and shall maintain the confidentiality of these records to the extent permitted under applicable state and federal laws, including the Texas Government Code. Section 4. Sales Tax Sourcing. The Developer shall, except where not reasonably possible to do so without significant added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, utilize, or 6 1156.011\328488.12 cause its contractors to utilize, Separated Building Materials and Labor Contracts for all taxable building material contracts related to the Development in the amount of$100,000 or more,to site payment of the sales tax on building materials for the Development to the Property. Section 5. Maintenance of Property and Improvements. Developer,on behalf of Landowner,must maintain the area or areas of the Property,including any Eligible Infrastructure Improvements made to the Property, that Landowner owns in accordance with the City's Code of Ordinances for the entirety of the time that the Landowner owns that area or areas of the Property. Section 6. Termination. Except for any obligations that are specifically stated to survive beyond the final payment or termination of the Agreement,this Agreement shall terminate upon the earlier of: (1) December 31,2042; or(2)when Developer has been fully reimbursed in accordance with Section 1 of this Agreement. Notwithstanding the foregoing or any other provision in this Agreement, if the City, as the agent of TIRZ #2, determines that an Event of Default described in Section 18(b) below has occurred or that Developer has violated a law of the State of Texas that invalidates or voids this Agreement or requires termination of this Agreement; then, (1) Developer shall immediately repay all funds paid from TIRZ #2 funds, including Project Increment, under this Agreement, (2) Developer shall pay reasonable attorney fees and costs of court, if applicable,and(3)neither the City nor the TIRZ#2 Board shall be held liable for any consequential damages. Additionally, it is expressly agreed and acknowledged by the Parties that if the Developer fails to construct an Eligible Infrastructure Improvement after receiving a Notice of Default as described in Section 19 below, upon expiration of the Cure Period (defined below) the City may terminate its obligations under this Agreement solely related to the reimbursement of costs for such Eligible Infrastructure Improvement by providing written notice of such termination to the Developer; provided, however, such a termination as to a single Eligible Infrastructure Improvement shall not allow the City to withhold approved payments to the Developer for Eligible Infrastructure Improvements constructed and accepted by the City up to the Estimated Project Costs shown on Exhibit C for each Eligible Infrastructure. Section 7. Representations and Warranties. (a) Developer warrants and represents to City the following: 1. Developer, if a corporation, partnership, or limited liability company, is duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all corporate power and authority to carry on its business as presently conducted in Corpus Christi,Texas. 2. Developer has the authority to enter into and perform, and will perform, the terms of this Agreement. 3. Developer has timely filed and will timely file all local,State, and Federal tax reports and returns required by law to be filed and has timely paid and will timely pay all assessments, fees, and other governmental charges, including applicable ad valorem taxes, during the term of this Agreement. 7 1156.011\328488.12 4. If an audit determines that the request for funds was defective under the law or the terms of this agreement, Developer agrees to reimburse the City for the sums of money not authorized by law or this Agreement within thirty(30) days of written notice from the City requesting reimbursement. 5. The parties executing this Agreement on behalf of Developer are duly authorized to execute this Agreement on behalf of Developer. (b) City warrants and represents to the Developer the following: 1. The City, as the agent of TIRZ#2, has the authority to enter into and perform its obligations under this Agreement. 2. The person executing this Agreement on behalf of the City and TIRZ#2 has been duly authorized to do so. 3. This Agreement is binding upon the City, as the agent for TIRZ #2, and the TIRZ #2 Board in accordance with its terms. 4. The execution of this Agreement and the performance by the City of its obligations under this Agreement do not constitute a breach or event of default by the City under any other agreement, instrument, or order to which the City is a party or by which the City is bound. Section 8. Force Majeure. If the City or Developer 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, pandemic, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the City or Developer 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. Section 9. Employment of Undocumented Workers. During the term of this Agreement, the Developer agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a(f), the Developer shall repay the incentives granted herein within 120 days after the date the Developer is notified by the City of such violation, plus interest at the rate of six percent (6%) compounded annually from the date of violation until paid. Pursuant to Section 2264.101(c),Texas Government Code,a business is not liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee of the business, or by a person with whom the business contracts. Section 10. No Boycott of Israel. 8 1156.011\328488.12 To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2271.002,Texas Government Code,the Developer hereby verifies that it and its parent company, wholly-or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, 'boycott Israel,' a term defined in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas Government Code, means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Section 11. Iran, Sudan, and Foreign Terrorist Organizations. The Developer represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: https://comptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https://comptroller.texas.gov/purchasing/docs/fto-list.pdf. The foregoing representation is made solely enable the City to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Developer and each of its parent company,wholly-or majority-owned subsidiaries,and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. Section 12. No Discrimination Against Fossil Fuel Companies. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott energy companies and will not boycott energy companies during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification, "boycott energy companies," a term defined in Section 2274.001(1), Texas Government Code (as enacted by such Senate Bill) by reference to Section 809.001, Texas Government Code (also as enacted by such Senate Bill), shall mean, without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by (A) above. 9 1156.011\328488.12 Section 13. No Discrimination Against Firearm Entities and Firearm Trade Associations. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274.002 (as added by Senate Bill 19 in the 87th Texas Legislature, Regular Session), Texas Government Code, as amended, the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification and the following definitions: (a) 'discriminate against a firearm entity or firearm trade association,' a term defined in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill), (A) means, with respect to the firearm entity or firearm trade association, to (i) refuse to engage in the trade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association, (ii) refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association,or(iii)terminate an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and (B)does not include(i)the established policies of a merchant, retail seller,or platform that restrict or prohibit the listing or selling of ammunition, firearms, or firearm accessories and (ii) a company's refusal to engage in the trade of any goods or services, decision to refrain from continuing an existing business relationship, or decision to terminate an existing business relationship (aa) to comply with federal, state, or local law, policy, or regulations or a directive by a regulatory agency or (bb)for any traditional business reason that is specific to the customer or potential customer and not based solely on an entity's or association's status as a firearm entity or firearm trade association; (b) 'firearm entity,' a term defined in Section 2274.001(6), Texas Government Code (as enacted by such Senate Bill), means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms (defined in Section 2274.001(4),Texas Government Code, as enacted by such Senate Bill, as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Texas Government Code, as enacted by such Senate Bill, as devices specifically designed or adapted to enable an individual to wear, carry, store, or mount a firearm on the individual or on a conveyance and items used in conjunction with or mounted on a firearm that are not essential to the basic function of the firearm, including detachable firearm magazines), or ammunition (defined in Section 2274.001(1),Texas Government Code,as enacted by such Senate Bill, as a loaded cartridge case, primer, bullet,or propellant powder with or without a projectile)or a sport shooting range (defined in Section 250.001, Texas Local Government Code, as a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting); and (c) 'firearm trade association,' a term defined in Section 2274.001(7), Texas Government Code (as enacted by such Senate Bill), means any person, corporation, unincorporated association, 10 1156.011\328488.12 federation, business league, or business organization that (i) is not organized or operated for profit (and none of the net earnings of which inures to the benefit of any private shareholder or individual), (ii) has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c) of that code." Section 14. Affiliate. As used in this Agreement, the Developer understands 'affiliate' to mean an entity that controls, is controlled by, or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F.R. § 230.405, and exists to make a profit. Section 15. Form 1295. Submitted herewith is a completed Form 1295 generated by the Texas Ethics Commission's (the "TEC') electronic filing application in accordance with the provisions of Section 2252.908 of the Texas Government Code and the rules promulgated by the TEC (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer, and the City agrees to acknowledge such form with the TEC through its electronic filing application not later than the 30th day after the receipt of such form. The Parties understand and agree that,with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in the Form 1295 has been provided solely by the Developer; and, neither the City nor its consultants have verified such information. Section 16. Assignment. This Agreement is not assignable by any Party without the written consent of the non-assigning Party. However, Developer may assign this Agreement to a parent, subsidiary, affiliate entity or newly created entity resulting from a merger, acquisition or other corporate restructure or reorganization of Developer without City consent. In such cases, Developer shall give City no less than thirty (30) days prior written notice of the assignment or other transfer. For assignments in which written consent from the other Party is required, that consent shall not be unreasonably withheld, conditioned, or delayed. Any and all future assignees must be bound by all terms and/or provisions and representations of this Agreement as a condition of assignment. Any attempt to assign the Agreement without the notification and subsequent consent of the City, if consent is required under this Section, shall be deemed an event of default in accordance with the terms of Sections 18 and 19 herein. Any assignment of this Agreement in violation of this Section and not cured in accordance with the terms of this Agreement, shall enable the City to terminate this Agreement. Any restrictions in this Agreement on the transfer or assignment of the Developer's interest in this Agreement shall not apply to and shall not prevent the assignment of payments under this Agreement to a lending institution or other provider of capital in order to obtain financing for the Project. In no event, shall the City or TIRZ#2 be obligated in any way to said financial institution or other provider of capital. 11 1156.011\328488.12 Section 17. Indemnity. The Developer in performing its obligations under this Agreement is acting independently, and the City, as agent for TIRZ#2, and the TIRZ#2 Board assumes no responsibilities or liabilities to third parties in connection with the Eligible Infrastructure Improvements. The Developer agrees to indemnify, defend, and hold harmless the City, the TIRZ #2 Board, and their respective officers, agents, employees, and volunteers in both their public and private capacities, from and against claims, suits, demands, losses, damages, causes of action, and liability of every kind, including, but not limited to, expenses of litigation or settlement, court costs, and reasonable attorneys' fees which may arise due to any death or injury to a person or the loss of, loss of use, or damage to property, arising out of or occurring as a consequence of the performance of this Agreement, excluding any errors, omissions, or willful misconduct, negligent act or omission of the City, the TIRZ #2 Board, and their respective officers, agents, employees, and volunteers. Developer must, at its own expense defend all actions based on those claims and demands with counsel reasonably satisfactory to the City Attorney. The City and the TIRZ #2 Board agree to reasonably cooperate and assist Developer in providing such defense, including specifically assertion of governmental immunity and sovereign immunity to the fullest extent under applicable law. The provisions of this Section are solely for the benefit of the Parties to this Agreement and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Notwithstanding the foregoing, the Developer shall be released upon the assignment of this Agreement to any permitted third-party assignee for claims arising subsequent to the assignment to such third-party assignee, and the City and/or the TIRZ #2 Board shall seek indemnification under this Section from the third-party assignee. Section 18. Events of Default. The following events constitute a default of this Agreement: (a) If either Party fails to perform an obligation imposed on such Party by this Agreement (a "Failure") and such Failure is not cured after notice and the expiration of the cure periods provided in this Section 19 and Section 20,then such Failure shall constitute a "Default.". (b) The TIRZ#2 Board or City Staff determines that any representation or warranty on behalf of Developer contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to 12 1156.011\328488.12 the TIRZ #2 in connection with this Agreement was incorrect or misleading in any material respect when made. (c) Developer makes an assignment of this Agreement for the benefit of creditors, except as provided in Section 16. Section 19. Notice of Default. Should a Party determine a Failure according to the terms of this Agreement, such Party shall notify the other Party of the Failure in writing.The non-performing Party shall have sixty(60) days from the date of the notice to cure such Failure (each such period a "Cure Period"). Notwithstanding the above, if such non-monetary Failure cannot be cured by reasonably diligent efforts within sixty (60) days, then such occurrence shall not be a default so long as defaulting Party promptly initiates and diligently and continuously attempts to cure the same, even if the same is not cured within the Cure Period. The non- defaulting Party may elect to extend the Cure Period by providing the defaulting Party written notice of such extension. Section 20. Results of Uncured Default. If the Developer is in default and has not cured or attempted to initiate a cure within the Cure Period,the City shall have available all remedies at law or in equity; provided no Default by the Developer shall entitle the City to terminate this Agreement except as expressly stated in Section 6 above or to withhold approved payments to the Developer. If the City is in default, the Developer shall have available all remedies at law or in equity; provided, however, no Default by the City shall entitle the Developer to terminate this Agreement. Section 21. 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 Developer's default may not be considered an estoppel against the City or the TIRZ#2 Board. (d) It is expressly understood that the failure by a Party to insist upon the strict performance of any provision of this Agreement by the other Party, or the failure by a Party to exercise its rights upon a default by the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by such other Party with the provisions of this Agreement. Section 22. Available Funds. Developer specifically agrees that City and the TIRZ #2 Board shall only be liable to Developer for the actual amount of the money due Developer under this Agreement from TIRZ #2 funds as described in 13 1156.011\328488.12 Section 1 above. Payment by City is strictly limited to the total amount of increment funds for TIRZ#2 as set forth in this Agreement. Section 23. Notices. Any required notices under this Agreement shall be in writing, signed by or on behalf of the Party giving notice, and sent by mail, postage prepaid, addressed as follows: To Developer: Ashlar Interests, LLC Attn: Steve Yetts 400 Las Colinas Blvd E,Suite 1075 Irving,TX 75039 Email:syetts@sahlardev.com To City, as agent of TIRZ#2: City of Corpus Christi Attn.: City Manager's Office Tax Increment Reinvestment Zone#2 P.O. Box 9277 Corpus Christi,Texas 78469-9277 Email: ElsyB@cctexas.com Notice is effective on or after the 10th business day after being deposited in the United States mail in the manner provided above with a confirming copy sent by E-mail. Section 24. Estoppel Certificate. From time to time upon written request of the Developer, the City Manager will execute a written estoppel certificate, in a form that is reasonably acceptable to the City Attorney, (1) identifying any obligations of the Developer under this Agreement that are in default or, with the giving of notice or passage of time, would be in default; or (2) stating, to the extent true, that to the best knowledge and belief of the City,the Developer is in compliance with its duties and obligations under this Agreement. Section 25. 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. Section 26. 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. Section 27. Severability. 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 otherthan 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, 14 1156.011\328488.12 paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 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. Section 28. Venue. Venue for any legal action related to this Agreement is in Nueces County,Texas. Section 29. Sole Agreement. This Agreement constitutes the sole agreement between City and Developer. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Section 30. Exhibits. The following Exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A—Conceptual Development Plan Exhibit B—Property Description Exhibit C—Description of Eligible Infrastructure Improvements and Estimated Project Costs Exhibit D—Form of Certificate for Payment Section 31. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. [Signature Page Follows] 15 1156.011\328488.12 APPROVED AS TO FORM: ZJ day of v0 20Z je�� a, -W"') Assistant City Attorney For City Attorney EXECUTED BY DEVELOPER AND CITY AS AGENT FOR TIRZ 42 TO BE EFFECTIVE AS OF APRIL; , 2023. City of Corpus Christi,Texas on behalf of Reinvestment Zone Number Two, City of Corpus Christi,Texas: By: Constance Sanchez Chief Financial Officer Date: _e 27t v -3 Attest: i By: Rebecca Huerta City Secretary Developer: Ashlar Interes s, . a Texas limite I' i ' y By: Title: r Date: �-{f l 3 /Z3 16 1156.011\328488.12 � � N A ■ 8 —i '~ 5 00 00 00 00 o �Ry��JE•�'jJ{'{T" M yid �O Ob �M1 ' �i' tier • � � ' LM Ir a` s CL �® CL cu 0 jo ui It � 0 f �' � ♦'F 1Ii�� - i ayfi s �Y fit', f, • L ; l0. V w � ti • 4 � to III,, 4 � t •Y • 4 .�}kWNr t �.✓ � 4�i � f to � I wn 0y.a dit,f e+Mmd�M?ta a ?r 'i �i�Cs�tyAZ �614, IS i 0 isTA } n' a O' 'G • ,Ty n e ,tap�y i Exhibit B-Property Description Property Description ' 14353 Commodores Dr 3730-0000-0273 28.6300 14901 Padre Island Dr S 3730-0000-0274 45.2404 Island Fairway Ests 39.67 ACS 3730-0000-0276 39.6700 Island Fairway Ests 70.0003 ACS 3730-0000-0277 70.0003 Island Fairway Ests 30.68 ACS 3730-0000-0278 30.3000 Nemo Court 3730-0003-0040 5.0000 Personal Property D001-6175-0000 Island Fairway Estates Lot 1 Blk 33 14002 Dasmarin 3730-0033-0010 0.2393 Island Fairway Estates Lot 2 Blk 33 14006 Cat Boat( 3730-0033-0020 0.2066 Island Fairway Estates Lot 3 Blk 33 14010 Cat Boat( 3730-0033-0030 0.2107 Island Fairway Estates Lot 4 Blk 33 14014 Cat Boat( 3730-0033-0040 0.2176 Island Fairway Estates Lot 5 Blk 33 14018 Cat Boat( 3730-0033-0050 0.2393 Island Fairway Estates Lot 6 Blk 33 14022 Cat Boat( 3730-0033-0060 0.2727 Island Fairway Estates Lot 7 Blk 33 14025 Cat Boat( 3730-0033-0070 0.2727 Island Fairway Estates Lot 8 Blk 33 14021 Cat Boat( 3730-0033-0080 0.2727 Island Fairway Estates Lot 9 Blk 33 14017 Cat Boat 3730-0033-0090 0.2475 Island Fairway Estates Lot 10 Blk 33 14013 Cat Boat 3730-0033-0100 0.2176 Island Fairway Estates Lot 11 Blk 33 14009 Cat Boat 3730-0033-0110 0.2066 Island Fairway Estates Lot 12 Blk 33 14005 Cat Boat 3730-0033-0120 0.2066 Island Fairway Estates Lot 13 Blk 33 14001 Cat Boat 3730-0033-0130 0.2298 Island Fairway Estates Lot 1 Blk 37.2633 3730-0037-0010 0.2633 Island Fairway Estates Lot 27 Blk 37.2152 3730-0037-0020 0.2152 Island Fairway Estates Lot 3 Blk 37.2152 3730-0037-0030 0.2152 Island Fairway Estates Lot 4 Blk 37.2152 3730-0037-0040 0.2152 Island Fairway Estates Lot 5 Blk 37.2073 3730-0037-0050 0.2073 Island Fairway Estates Lot 6 Blk 37.3080 3730-0037-0060 0.3080 Island Fairway Estates Lot 7 Blk 37.2075 3730-0037-0070 0.2076 Island Fairway Estates Lot 8 Blk 37.2152 3730-0037-0080 0.2152 Island Fairway Estates Lot 9 Blk 37.2152 3730-0037-0090 0.2152 Island Fairway Estates Lot 10 Blk 37.2152 3730-0037-0100 0.2152 Island Fairway Estates Lot 11 Blk 37.2152 3730-0037-0110 0.2152 Island Fairway Estates Lot 12 Blk 37.2152 3730-0037-0120 0.2152 Island Fairway Estates Lot 13 Blk 37.2152 3730-0037-0130 0.2152 Island Fairway Estates Lot 14 Blk 37.2152 3730-0037-0140 0.2152 Island Fairway Estates Lot 15 Blk 37.2152 3730-0037-0150 0.2152 Island Fairway Estates Lot 16 Blk 37.2152 3730-0037-0160 0.2152 Island Fairway Estates Lot 17 Blk 37.2152 3730-0037-0170 0.2152 Island Fairway Estates Lot 18 Blk 37.2439 3730-0037-0180 0.2439 Island Fairway Estates Lot 1 Blk 38.3098 3730-0038-0010 0.3098 Island Fairway Estates Lot 2 Blk 38.3135 3730-0038-0020 0.3135 Island Fairway Estates Lot 3 Blk 38.3258 3730-0038-0030 0.3258 Island Fairway Estates Lot 4 Blk 38.3381 3730-0038-0040 0.3381 Island Fairway Estates Lot 5 Blk 38.3990 3730-0038-0050 0.3990 Island Fairway Estates Lot 6 Blk 38.3666 3730-0038-0060 0.3666 Island Fairway Lot 7 Blk 38.3197 3730-0038-0070 0.3197 Island Fairway Estates Lot 8 Blk 38.3197 3730-0038-0080 0.3197 Island Fairway Estates Lot 9 Blk 38.3187 3730-0038-0090 0.3187 19 1156.011\328488.12 Property Description Nueces County Geo ID Island Fairway Estates Lot 10 Blk 38.3136 3730-0038-0100 0.3136 Island Fairway Estates Lot 11 Blk 38.3385 3730-0038-0110 0.3385 Island Fairway Estates Lot 1 Blk 39.2037 3730-0039-0010 0.2037 Island Fairway Estates Lot 2 Blk 39.2324 3730-0039-0020 0.2324 Island Fairway Estates Lot 3 Blk 39.2037 3730-0039-0030 0.2037 Island Fairway Estates Lot 4 Blk 39.2037 3730-0039-0040 0.2037 Island Fairway Estates Lot 5 Blk 39.2324 3730-0039-0050 0.2324 Island Fairway Estates Lot 6 Blk 39.2324 3730-0039-0060 0.2324 Island Fairway Estates Lot 7 Blk 39.2037 3730-0039-0070 0.2037 Island Fairway Estates Lot 8 Blk 39.2037 3730-0039-0080 0.2037 Island Fairway Estates Lot 9 Blk 39.2037 3730-0039-0090 0.2037 Island Fairway Estates Lot 10 Blk 39.2324 3730-0039-0100 0.2324 Island Fairway Estates Lot 1 Blk 40.2324 3730-0040-0010 0.2324 Island Fairway Estates Lot 2 Blk 40.2037 3730-0040-0020 0.2037 Island Fairway Estates Lot 3 Blk 40.2037 3730-0040-0030 0.2037 Island Fairway Estates Lot 4 Blk 40.2037 3730-0040-0040 0.2037 Island Fairway Estates Lot 5 Blk 40.2324 3730-0040-0050 0.2324 Island Fairway Estates Lot 15 Blk 45 Nemo Court 1.2 3730-0045-0150 1.2143 Island Fairway Estates Lot 13 Blk 46 Nemo Court.43 3730-0046-0130 0.4362 Island Fairway Estates Lot 14 Blk 46 Nemo Court.43 3730-0046-0140 0.4362 Island Fairway Estates Lot 15 Blk 46 Nemo Court.43 3730-0046-0150 0.4362 Island Fairway Estates Lot 16 Blk 46 Nemo Court.43 3730-0046-0160 0.4362 Island Fairway Estates Lot 17 Blk 46 Nemo Court.43 3730-0046-0170 0.4362 Island Fairway Estates Lot 18 Blk 46 Nemo Court.43 3730-0046-0180 0.4362 Island Fairway Estates Lot 19 Blk 46 Nemo Court.43 3730-0046-0190 0.4362 Island Fairway Estates Lot 20 Blk 46 Nemo Court.43 3730-0046-0200 0.4362 Island Fairway Estates Lot 21 Blk 46 Nemo Court.43 3730-0046-0210 0.4362 Island Fairway Estates Lot 22 Blk 46 Nemo Court.43 3730-0046-0220 0.4362 Island Fairway Estates Lot 23 Blk 46 Nemo Court.43 3730-0046-0230 0.4362 Island Fairway Estates Lot 24 Blk 46 Nemo Court.43 3730-0046-0240 0.4362 Island Fairway Estates Lot 25 Blk 46 Nemo Court.43 3730-0046-0250 0.4362 Island Fairway Estates Lot 26 Blk 46 Nemo Court.43 3730-0046-0260 0.4338 Island Fairway Estates Lot 27 Blk 46 Nemo Court.42 3730-0046-0270 0.4223 Island Fairway Estates Lot 28 Blk 46 Nemo Court.54 3730-0046-0280 0.5402 Metes and bounds begin on next page. 20 1156.011\328488.12 Metes and Bounds Description of the Property (approximately 242.011 acres) 242.011 acres being all of a 39.692 acre tract referenced and described by metes & bounds in Substitute Trustee's Deed, Doc. No.2017050832,Official Records, Nueces County,Texas, said 39.692 acre tract being out of Tract 27C and 27D of the Padre Island -Corpus Christi Island Fairway Estates, hereafter referred to as P.I.C.C.I.F.E., Lots 270 and 27D, a map of which is recorded in Vol.67,Pg.779,Map Records, Nueoes County,Texas;and 202.319 acres referenced in Correction Warranty Deed, Doc. No. 2018045542, Official Records, Nueces County, Texas, and described by metes&bounds of a 28.629 acre tract(Tract 1), a 72.316 acre tract (Tract 2), a 74.440 acre tract (Tract 3), and a 30.684 acre tract (Tract 4), save &except 3.749 acres, said 3.749 acres being a portion of a 60-foot wide street tract, also known as 'Aquarius Street Re- Alignment', recorded in Doc. No. 2011039226, Official Records, Nueces County, Texas; said 202.319 acres Including portions of Tract 27C and 27D of P.I.C.C.I.F.E., Lots 27C and 27D, a map of which is recorded in Vol. 67, Pg.779, Map Records, Nueces County,Texas;a portion of P.I.C.C.I.F.E., Blocks 45&46,a map of which Is recorded In Vol.42, Pg. 153-154,Map Records, Nueces County, Texas; a portion of P.I.C.C.I.F.E., Block 3,a map of which is recorded in Vol.40, Pg. 145-146, Map Records, Nueces County, Texas; all of P.I.C.C.I.F.E., Blocks 37, 38, 39, and 40,a map of which is recorded In Vol.41,Pg. 128,Map Records,Nueces County,Texas;a portion of P.I.C.C.I.F.E., Blocks 24.33,a map of which is recorded in Vol.40, Pg. 154159,Map Records, Nueces County, Texas; a portion of P.I.C.C.I.F.E., Blocks 43&44,a map of which is recorded in Vol. 42, Pg. 10-11, Map Records, Nueces County, Texas; and portions of P.I.C.C.I.F.E., Blocks 34,35,and 36,a map of which is recorded In Vol.40, Pg.183-184,Map Records, Nueces County, Texas, said Blocks 26,35,36,43, 44,and a portion of Block 34 now vacated as per plat recorded in Vol. 67, Pg. 688, Map Records, Nueoes County,Texas. 21 1156.011\328488.12 Exhibit C— Eligible Infrastructure Improvements and Estimated Project Costs' Prospective T.I,R.Z.No.2 Funded Projects 0 Public Mobility Bridges(2 at$2.0MM) $ 4,000,000 0 Commodores drive Mobility Bridge $ 3,200,000 0 Preserve Community Walking Trail $ 1,200,000 0 Aquadus Street Box:Culvert Water Exchange $ 400,000 Q Encantada Avenue Mobility Bridge $ 2,700,000 TOTAL Prospective T,I.R.Z. No. 2 Funcled Projects $ 11,500,000 ' Estimated costs and exhibits of proposed projects in this Exhibit C are preliminary and subject to change. 22 1156.011\328488.12 PROSPECTIVE ' T.I.R.Z. No. 2 � 5 PROJECT 'r J W 1 - — 511 361 30 FLORIDA GAS 1'I"EU\E ASEMLN; r I 1 , --\ MOBILITY BRIDGE ra MOBILITY BRIDGE �7 rI j i J 19._r. LJA ENGINEERI WHIC ' - , TEXAS ENGINEERING FIRM F-1388 0 t 600' _ 1000' WA -R 5350 Inc. 5350 S.Staples Street, Su:te 425,Corpwia Chr13t1, .....78411 phone: 361.991.8550 far. 361.887.6655 www.WA.ccm 23 1156.011\328488.12 • . ., ���#�, �'4s ,� ��.sit � ��� v d �� F 4 e s. j u 10 � 6 z I r k > R Aft »n rt15pa Ete�� r 'MOM f: i 1 M Hii ". ��i a' r7 a ,� u• 't ,x _ ,r sA +�SiSNp rdN dY1�S M3 �J' ire 'i - —cr s r,li i -i Alf I 4-El � u;re � .:y� ��� rR. :s �. �". a, V�V..dR➢x7;i:YAM �,p � o � � � �.'I { I'll, il B\l1�ik pRW 41"k�94'��4�'��ys J+ i rlir spy }r t�iV�, vF ,,yyo-o- mom. �` i 5 � � • �F $'i _' KNE 4 dint •P 3 jE c` 5'I ��1l.+fl IF a w � , ' �?a. eya � • t , 3 p�y,.��s'Y pA a �e a w f ➢i . +4 MW40734a WOO NPOM . 1 • PROSPECTIVE T.I.R.Z. No. 2 PROJECTS r 4 i i AQUARIUS STREET `. / MULTI-BOX CULVERT \ + WATER EXCHANGE , ry —— SH 381 ! 30'lOR.,.1F.:-'�Pu'EI INF,AS h,NT >1�.. 'r,sv l ��/ -'•, ry 1- 1 r + Ii II � I t LJA ENGINEERING oRAall�c scAlF '° 3 y TEXAS ENGINEERING FIRM F-1388 0 1000 1E00' '20D8' - ENGINEERING,lac. 5350 S. Slopes St—t, 425,Corpus Chrn:1,T.—76411 pnn^e: 36'.991.85.5:1 fcx: 3E'.RF,7.U55 ...AX.- 27 1156.011\328488.12 Exhibit D—Form of Certificate for Payment TIRZ#2 Certificate for Payment—Whitecap Project Reference is made to that certain TIRZ#2 Development Reimbursement Agreement—Whitecap(the"TIRZ #2 Whitecap Agreement") by and between the City of Corpus Christi,Texas (the "City'), as the agent of the Reinvestment Zone Number Two, City of Corpus Christi,Texas("TIRZ#2"), and Ashlar Interests, LLC. (the "Developer"). Developer requests payment to the Developer (or to the person designated by the Developer) from available TIRZ revenues under the terms of the TIRZ #2 Whitecap Agreement in the amount of DOLLARS AND—CENTS($ )for labor, materials, fees, and/or other general costs related to the creation, acquisition, or construction of the Eligible Infrastructure Improvements described below within TIRZ 2 for the Whitecap Project. In connection with the above referenced payment,the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer, is qualified to execute this TIRZ#2 Certificate for Payment on behalf of the Developer and is knowledgeable as to the matters set forth herein. 2. The itemized payment requested for the listed Eligible Infrastructure Improvements to be paid from available TIRZ revenues in accordance with the TIRZ#2 Whitecap Agreement has not been the subject of any prior payment request submitted for the same work to the City or, if previously requested, no disbursement was made with respect thereto. 3. The itemized amounts listed for the Eligible Infrastructure Improvements herein is a true and accurate representation of the Eligible Infrastructure Improvements associated with the creation, acquisition, or construction of said Eligible Infrastructure Improvements and such costs (i) are in compliance with the TIRZ #2 Whitecap Agreement and the applicable provisions of the Amended Project and Financing Plan for TIRZ#2 as most recently amended;and(ii)shall not cause the aggregate reimbursement to the Developer under the TIRZ#2 Whitecap Agreement to exceed$11,500,000 after taking into account all amounts previously paid under the TIRZ#2 Whitecap Agreement. 4. The Developer is in compliance with the terms and provisions of the TIRZ#2 Whitecap Agreement and the applicable provisions of the Amended Project and Financing Plan for TIRZ#2 as most recently amended. 5. The Developer has timely paid all ad valorem taxes it owes or an entity the Developer controls owes, located in the TIRZ#2 and has no outstanding delinquencies. 6. All conditions set forth in the TIRZ#2 Whitecap Agreement and the applicable provisions of the Amended Project and Financing Plan for TIRZ#2, as most recently amended,for the payment hereby requested have been satisfied. 7. The work with respect to Eligible Infrastructure Improvements included herein has been completed, and the City has inspected such Eligible Infrastructure Improvements and has accepted such Eligible Infrastructure Improvement as required under the TIRZ#2 Whitecap Agreement. 28 1156.011\328488.12 8. The Developer agrees to cooperate with the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review. Attached hereto are receipts, purchase orders, change orders, and similar instruments which support and validate the above requested payments. Also attached hereto are "bills paid" affidavits and supporting documentation in the standard form for City construction projects. Pursuant to the TIRZ#2 Whitecap Agreement,after receiving this payment request,the City has inspected the Public Improvements (or completed segment) and confirmed that said work has been completed in accordance with approved plans and all applicable governmental laws, rules, and regulations. Payments requested hereunder shall be made as directed below: a. X amount to Person or Account Y for Z goods or services. b. Payment instructions (Remainder of page left blank intentionally. Execution pages follow.) 29 1156.011\328488.12 I hereby declare that the above representations and warranties are true and correct. ASHLAR INTERESTS, LLC a Texas limited liability company By: Name: Title: 30 1156.011\328488.12 APPROVAL OF REQUEST The City is in receipt of the attached TIRZ#2 Certificate for Payment—Whitecap Project, acknowledges such certificate, and finds the certificate to be in order. After reviewing the certificate,the City approves the reimbursement requested in the attached TIRZ #2 Certificate for Payment — Whitecap Project and authorizes and directs payment of the amounts set forth below from the appropriate TIRZ Account. The City's approval of the TIRZ #2 Certificate for Payment — Whitecap Project shall not have the effect of estopping or preventing the City from asserting claims under the TIRZ#2 Development Reimbursement Agreement—Whitecap or any other agreement between the parties or that there is a defect in the Eligible Infrastructure Improvements. CITY OF CORPUS CHRISTI,TEXAS By: Name: Title: Amount Remaining Eligible Infrastructure Maximum Reimbursement Amount Previously Current Amount Unpaid After Current Improvement Description Amount Paid Approved to be Paid Payment 31 1156.011\328488.12 EXHIBIT D FORM OF PID REIMBURSEMENT AGREEMENT PID Reimbursement Agreement Whitecap Public Improvement Disnzct This PD] Reimbursement Agreement (this "Agreement") is entered into by Ashlar Interests,LLC (the "Dev"elope ")and the City of Corpus Christi Texas (the "City"),to be effective 'Il_,(the"Effective Date")_The Developer and the City are individually referred to as a"Par W'and collectively as the "Parties" SEC'TTO}N 1. RECITALS 1.1 WHEREAS, capitalized terms used in this agreement shall have the meanings given to tient in Section 2; 1.2 WHEREAS, unless otherwise defined: (1)all references to "sections" shall mean sections of this Agreement; (2)all references to"exhibits" Shall mean exhibits to this Agreement which are incorporated as part of this Agreement for all ptuposes-I and(3)all references to "ordinances" or "resolutions" shall mean ordinances or resolutions adopted by the City Council; 1.3 'WHEREAS- the Developer is a Texas limited liability company; 1.4 WHEREAS_ the City is a Texas home-rule municipality_ 1.5 WHEREAS_ on May 17_2022- the Citi." Council passed and approved the PH) Creation Resolution authorizing the creation of the PID pursuant to the Act, covering approximately 242_{}11 contiguous acres within the City's corporate limits_ which land is described in the PID Creation Resolution.- 1.6 esolution_1.6 WHEREAS_ on 20= the City Cotuicil passed and approved an Assessment Ordinance related to Improvement Area 41 of the: 1.11 WHEREAS_ the City Council expects to pass and approve additional Assessment Ofdmnces relaters to other phases of de v elo pinent in the PID in the future .as such phases are developed-, 1.8 WHEREAS_ each Assessment Ordinance approves the SAP, including each Assessment Roll attached thereto_ Page 1 1136.[11'.N 11443 Exhibit D—Page 1 1156.011\422096.14 1.9 WHEREAS_ the SAP identifies Authorized Lnproven:ents to be designed_ constructed, and installed by or at the direction of the Parties that confer a special benefit on the Assessed Property; 1.10 WHEREAS_ the SAP sets forth the Actual Costs of the Authorized InWrovements; 1.11 WHEREAS.the Assessed Property is being developed in phases or"Improvement Areas;" 1.12 WHEREAS_ this .Agreement shall apply to all Improvement Areas and no additional reinibiusement agreement shall be required far Improvement Areas to be developed in the following the initialphase of development constituting"Improvement Area 41"; 1.13 WHEREAS, the SAP detemrines and appm-dons the Actual Casts of the Authorized Improvements to the Assessed Properly,which Actual Oasts represent the special benefit Haat the Authorized Improvements confer upon the Assessed Property asrequired by the Act; 1.14 WHEREAS. in each Assessment Ordinance the City lea.Tie.d or expects to levy a portion of the Actual Costs of the Authorized Impmvements as Assessments against the Assessed Property in the amounts set forth on the Assessment Rall(s); 1.15 WHEREAS_ Assessment including the Annual Installments thereof_ are or will be due and payable once levied as described in the SAP; 1.16 WHEREAS- Assessments, including the Annual Installments thereof spall be billed anus collected by the Cit} or its designee; 1-17 WI AS_the Parties agree the CitVs obligations to reimbause the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any Improvement Area are: (1) contingent upon the City levy-iag Assessments against property within such Improvement Area benefitting frons the Authorized Improvements, (2) payable solely from the A.�ses�tnent& including the Annual Installments of such Assessments: collected from Assessed Property within such Improvement Area_ and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such Assessments, 1.18 W1 EREAS_ Assessment Revenue from the collection of Assessments.- inchiding the Anmal Installments thereof__ shall be deposited(1)as provided in the applicable Indenture if PID Bonds .secured by such Assessments are issued_ or (2) into the PID Reimbursement Fund if no such PID Bands are issued or none of such PID Bonds remain outstandinz, Page I 1156.011%N10903 Exhibit D—Page 2 1156.011\422096.14 1.19 WHEREAS- B-ond Proceeds shall be deposited as provided in the applicable Indenture; 1-20 WHEREAS, a PDD Project Fund related to each series of PID Bands shall only be used in the manner set forth in the applicable Indenture;, 1-21 WHEREAS- this Agreement is a "reimbursement agreement" authorized by Section 372.02.3(d)(1) of the Act; 1-22 WHEREAS- the foregoing RECITALS-- (1) are part of this Agreement for all purposes; (2) are true and correct; (3)create obligations of the Parties(unless otherwise stated therein or in the body of this Agreement),and (4)each Parte has relied upon such Recitals,each of which are incorporated as part of this Agreement for all purposes,in entering into this Agreement; and 1-23 WHEREAS- all resolutions and ordinances referenced in this Agreement (e-g-, the PID Creation Resolution- Development Agreement: and each.Assessment Ordinance), together with all other documents referenced in this Agreement (e-g., the SAP and each Indenture), are incorporated as part of this Agreement for all purposes as if such resolutions,- ordinances, and other dmrments were set forth in their entirety in or as exhibits to this Agreement- NOW THEREFORE- for and in consideration of the mutual obligations of the Parties set forth in this Agreement- the Parties agree as follows: SEC'TION 2.. I)=TIONSI 2.1 "Act".is defined as Ctapter 3 72. Teras Local Government C-ode_as amended_ 2.2 "Actual Costs" are defined in the SAP. 2.3 "Administrator" is defined in the SAP. 2-4 "kgreement" is defined in the introductory paragraph. 2-5 "Annual Collection Costs" are defined in the SAP- 2.6 "Annlla.1 Installment" is defined in the SAP. 1 All&fi=&ns hill be cont'onned with the defmuom contained in the SAP and Iadema e,as applicable. Page 3 1156.0111-N iON 3 Exhibit D—Page 3 1156.011\422096.14 2-7 "Applicable Laws" means the Act and all other laws or statutes, rules, or regulations of the State of Teams or the United States, as the &acne may be amended, by which the City and its polvers, securities, operations. and procedures are. or may be. governed or from which its powers may be derived. 2-8 "Assessed Proiaem," is defined iu the SAP. 2-9 "Assessment"' is defined in the SAP. 2.10 "Assessment Ordinance" is defined in the SAP. 2:-11 "Assessment.Revenue" means the re�renues actually received by or on behalf of the City from any one or more of the follow=.- (1) an Assessment levied against.Assessed Property, or Annual Installment payment thereof,including any interest on such Assessment or Annual Installment during any period of delinquency,(2) a Prepa%meat, and(3)foreclosure proceeds. 2-12. "Assessment Roll."is def"kned in the SAP. 2-13 "Authorized Improvements" are defined in the SAP- 2.14 "Bond Proceeds` mean the proceeds derived from the issuance and sale of[a series oq PID Bonds that are deposited and made available to pay Actml Costs in accordance with the applicable Indenture. 2-15 "Certificate for Payment means a certificate (substantially im the form of Exhibit A or as otherwise approved by the Developer and the City Representative)executed by a representative of the Developer and approved by a City Representative, delivered to a City Representati,,T (andlor, if applicable, to the trustee named in auy applicable Indenture), specifying the work,performed and the amount charged (including materials and labor costs) for Actual Casts, and requesting paym7e11t of sash amount from the appropriate fund or Hinds. Each certificate shall include supporting documentation in the standard forret for City constfuction projects and a Adence that each.Authorized Improvement (or its completed segment)coveied by the certificate has been inspected by the City- 2-16 "Chante Of is defined lin Section 3-12. 2-17 `.CV' is defined in the introductor.v piragraph- -18 "City Council"means the governmg body of the City- Page 4 1156.41PAID0 3 Exhibit D—Page 4 1156.011\422096.14 2.19 "City," Representative" means any person autborized by the City Coimcil to undertake the actions referenced'herein. 2-20 ""Closin! Disbursement Request" means a request to the fonn of EK1-ibit B or as otherwise approved by tine Pities. 2-21 "Conunitment" is defined in Section 3.10. 2-22 "Cost Undernm`is defined in Section 3-11. 2-23 "Count"' is defined in the SAP- 2.24 AP-2 '4 "Default" is defined in Section 4.8.1. 2-25 "Delinquent Collection Costs" are defined in the SAP- 2-26 AP-2 26 "Developer" is defined in the introductory paragraph- 2_27 "Developer Advances" mean.advances mde by the Developer to pay ActualCosts- 2.28 "De4-eloper Lmgrovement Account"means an account of the PID Project Fund which may be created and established under the applicable Indenture(.and.segregated from all other funds contained in the PID Project Fimd)into which the City deposits, or directs the applicable trustee to deposit, any funds received from the Developer as required under such Indenture. 2 29 "Develomuent Agreement" is defined in the SAP. 2-30 "Effccti,,e Date" is defined in the introductory paragraph- 2.31 "Failure" is defined in Section 4-8.1- 2.32 "Improvement Area"is a phase of development defined and described by metes and bounds in the SAP-. 2-33 "Improvement Area 91" is defined in the SAP- 2-34 "Indenture" means the applicable trust indenhue pursuant to wWch PID Bonds are issued. 2-35 "Maturity Date" is the date one yew after the last Annual Installment is collected. 2-3 "Party"and "Parties" are defined in the introductory paragraph. 2.-37 "PID" is defined as the 'Whitecap Public Improvement District. created bv- the PID Creation Resolution. Page i ~ 1156.0111HIM3 Exhibit D—Page 5 1156.011\422096.14 2.38 "'PID Bands" are defined in the SAP- 2.39 "PTD Creation Resolution"' is defined as Resolution No. 032761 passed and approved by the City Council on May 17-. 2022- and recorded in the official public records of NTueces County_ Texas, as Instrummnt No-2022024701 on klay 20, 2022. 2.40 "PID Pledged Revenue Fund"means.collectively. the fund established by the City under each applicable Indenture (and segregated from all other fiends of the City) into which the City deposits Assessment Revenue securing PID Bonds issued and still outstanding. 2.41 "PID Project Fund" means_ collectively. the field, including all accounts created within such fund. established by the City under each applicable Indenture(and segregated from all other funds of the City)into which the City deposits Bond Proceeds in the amourits and as described in the applicable Indenture. 2.42 "PID Reimbursement Fund" means the fun& includinLy all accounts created within such fund to designate Assessment Revenues collected from each Improvement Area, to be established by the City iumder this Agreement (and segregated from all other funds of the City-) into which the City deposits Assessment Revenue if not deposited into the PID Pledged R,eveniie Fimd. 2.43 "PrMajinent"' is defined in the SAP. 2.44 "Reimbursement agreement Balance" is defined in Section 3.3- 2-45 "SAP" i defined as the Mi tecap Public Improvement District Se-?Tlce and Assess?nent Plan approved . 30-- as part of the Assessment Ordinance adopted by the City Council on '0_and recorded in the official public records ofNueces County- Texas as Instniment No. on 20_, as the same may be updated of amended by City C-oimcil action in accordance with the Act. '.46 "Transfer"and"Transferee" are defined in Section 4.11. SECTION 3. FUNDDI G kUTHORIZED INIIPROVEME-NTS 3.1 Fund Deposits.Until )SID Bonds payable from Assessment Revenue collected from a specific Improvement area of the development are issued. the City shall bill, collect.and immediately deposit into the PID Reimbursement Fund all Assessment Revenue consisting of (1)revenue collected from the payment of assessments (including pre-payments and amatmts received from the foreclosure of Page 6 1156.011',90109b3 Exhibit D—Page 6 1156.011\422096.14 liens but excluding costs and expenses related to collection), and (2) revenue collected from the payment of Annual Installments (excluding Annual Collection Costs and, Delinquent Collection Costs)_ Unless and until PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued_ funds in the PID Reimbursement Fund shall be deposited into a segregated account relating to the Improvement Area from which such Assessment Revenue was collected and such fiends shall only be used to pay Actual Costs of the Authorized Improvenlents benefitting that Improvement Area or all or any portion of the Rem-ibursement Agreement Balance related to that Improvement Area in accordance with this Agreement. Once PID Bonds payable from Assessment Revenue collected from a specific Improvement Area of the development are issued, the City shall bits: collect_ and immediately deposit all Assessment Revenue collected from that Improvement Area that secure such series of PID Bonds in the manner set forth in the applicable Indenture. The City shall also deposit Bond Proceeds and any other funds authorized or required by the applicable Indenture in the manner set forth in the applicable Indenture. Annual Installments shall be billed and collected by the City(or by any person-entityr or governmental agency permitted by lave)in the same manner and at the sante time as City ad valvreru taxes are billed and collected. Funds in the PID Protect Fund shall only be used in accordance with the applicable Indenture;provided that funds disbursed from the applicable PID Project Fund pursuant to Section 3.5 below shall be mane first f-om Bond Proceeds held in the applicable accounts within such PID Project Fund until such accotmts are fully depleted and them from the Developer Improvement account of the applicable PID Project Fund, if applicable. Subject to Section 3.6 below, the Actual Costs of Authorized Improvements within each Improvement Area shall be paid from: (1) the Assessment Revenue collected solely from Assessments levied on the property within such Improvement Area benefitting from such Authorized Improvements and on deposit in the PID Reimbursement Fundi or (2)net Bond Proceeds or other amounts deposited in an account of the PITS Project Find created under an Indenture related to PID Bonds secured by Assessment Revenue collected solely from Assessments levied on benefitted property within such Improvement Area.The City will take and pursue all actions permissible under Applicable Laws to cause the Assessments to be collected and the liens related to such Assessments to be enforced continuously, in the manner and to the maximum extent permitted try the Apphe-able I aws, and to the extent permitted by .'Applicable Laws_ to cause no reduction-, abatement or exemption in the Assessments for so lone as any PID Bonds are outstanding or a Reimbursement Agreement Balance remains outstanding_ The City shall determine or cause to be Page 1156.01111H 1090 3 Exhibit D—Page 7 1156.011\422096.14 deterred, no kiter than Febmrry 15 of each year whether any Annual Installnient is delinquent_ If such delinquencies exist,_ then the City will order and cause to be commenced as soon as practicable any and all appropriate and legally permissible actions to obtain such annual Installment_ and any delinquent charges and interest thereon_ including diligently prDsecutiag an action to foreclose the currently delinquent Annual Installment; provided_however_ the City shall not be required under any circumstances to purchase or make payment for the purchase of the delinquent Assessment or the corresponding Assessed Property or to use any City fiords,revenues_ taxes, income,or property other than .moneys collected from the Assessments for the payment of Actual Casts of Authorized Improvements under this Agreement_ Once PID Bonds are issued, the applicable Indenture shall control in the ei�.Tnt of any conflict with this Agreement. 3.2 Payment of Actual Costs. Subject to Section 3.6 below_ if PM Bonds are not issued (or prior to such issuance)to pay Actual Casts of Authorized Improvements-the Developer may elect to snake Developer Advances to pay Actual Costs_ If PID Bonds are issued, the Bond Proceeds shall be used in the manner provided in tate applicable Indenture:. and, except as may be required under the Development Agement aud-or an applicable Indenture_ the Developer shall have no obligation to make Developer Advmices for the related Authorized Improvements,_ unless the Barad Proceeds, together with any other fluids in the PID Project Fund or PID Reimbursement Fund_ are insufficient to pay the Actual Casts of such Authorized Improvements, in which case the Developer shall make Developer Advances to pay the deficit. If Developer Advances are required in connection with the issuance of a series of PID Bonds, then such Developer Advances may be reduced by the Micnmt of payments of Actual Costs of the Authorized Iniprovem.ents (or portions thereof) to be financed by. such PID Bonds that the Developer has previously paid if(1) the Developer submits to the City all information related to such casts that would be required by a Closing Disbursement Request at least five(5)days prior to the pricing date of such PID Bonds,and(2)the City approves such Actual Casts in writing_The Developer shallalso make Developer Advances to pay for cast overruns(after applying cast savings). The lack of Bond Proceeds or other finds in the PID Project Find shall not diminish the obligation of the Developer to pay Actual Costa of the Authorized Improvements_ 3.3 Payment of Reinrbursement AMement Balance. Subject to the terms, conditions_ and requirements of this Agreement_including Section 3.6 hereof The City agrees to pay to the Developers and the Developer shall be entitled to receive payments from the City_ until the Maturity Date, for the lesser of (a)amounts shown on each approved C"estifrcate for Payment for Actual Costs of Authorized Page S ` 1156.011',N I M 3 Exhibit D—Page 8 1156.011\422096.14 Improvements paid by or at the direction of the Developer.and(b) the reimbiusement arnottnt shovAm in Schedule I of the SAP plus: (1) simple interest on the irapaid principal balance at a rate equal to or less than five percent {59x4) above the highest average index rate for tax-exempt bonds reported in a. daily or weekly bond index shown on Schedule I of the SAP that was approved by the City Council of the City and reported in the months before the date the obligation is inctured(which date is the date of approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance, or a portion thereof shall be paid) for years one through fire beginning on the date each Certificate for Payment is delivered to the City Representative; and (2) simple interest cn the unpaid principal balance at a rate equal to or less than two percent(21%) above the highest average index:rate for tax-exempt bonds repotted in a daily or weekly bond index reported in the month before the date the obligation was incurred (which date is the same as the approval by the City of the Assessment Ordinance levying the Assessments from which the Reimbursement Agreement Balance. or a portion thereof, shall be paid) for years six and later (the unpaid principal balance.together with acenied but unpaid interest,owed the Developer for all Certificates for Payment is referred to as the "Reirnbtusemerlt Agreement Balance"): proi ide€#. however,upon the issuance of PID Bonds,the interest rate due and unpaid on amounts.shown on each Certificate for Payment to be paid to the Developer-shall be the lower of: (1)the interest rate an such series of IIID Bonds issued to finance the casts of the Authorized Improvements for which the Certificate for Payment u"as filed_ or (2)the interest rate approved by the City Council of the City in the Assessment Ordinanee levying the Assessments from which the Bonds shall be paid_The interest rates set forth in Schedule I of the SAP sh211 be approved by the City Couancil in each Assessment Ordinance as authorized by the Act_ The principal aluount of each portion of the Reimbursement Agreement Balance to be paid under each Assessment Ordinance, and the interest rate for such portion of the Reimbursement Agreement Balance,shall be shown on Schedule I attached to the SAP and Schedule I is incorporated as a part of this Agreement for all purposes. interest shall accrue on each Reimbursement agreement Balance from the later of (1) final plat approval as evidenced by recording the final plat in the real property records of the County, and (2) the levy of Assessments securing such Reintbunie went Agreement Balance_As the City passes and approves additional Assessment Ordinances andor issues PID Bonds- the City shall approve an updated Schedule I as part of the updated or amended SAP for the sole puupose of showing the principal amount of the portion of the Reirrlbursernent Agreement to be paid imder such newly"-adapted Assessment Ordinance and any adjustments to the interest rate for such Page 9 1156.011',N10N3 Exhibit D—Page 9 1156.011\422096.14 portGon of the Reimbursement Agreement Balance if applicable. Such updated Schedule I attached to the SAP shall automatically be incorporated as part of this Agreement for all purposes as if attached hereto without my further action from the Parties_ The Reimbursement Agreement Balance is payable solely from: (1) the PID Reimbursement Fund if no PID Bands are issued for the purposes of paying the Authorized Improvements related to such Reimbursement Agreement Balance_ or (2) or from PID Band Proceeds. No other City funds. revenues,taxes, income. or property shall be used even if the Reimbursement Agreement Balance is not paid in full by the Maturity Date. All payments made from Bond Proceeds shall be made in the manner set forth in the applicable Indenture. So lone as no PID Bonds are issued and the City has received and approved a Certificate for Payment_ the City shall make payments to the Developer toward the Reimbursement Agreement Balance related to each Improvement Area from Assessment Revenue collected from such Improvement Area(excluding the portion of each Assessment.or Annual Installment thereof collected for Annual Collection Casts)and deposited im the PID Reimbursement Fund_ Such payments shall be in an anoint not to exceed the Assessment Revenue (excluding the portion of each Assessment, or Annual Installment thereof. collected for Annual Collection Costs) related to such haprovem ent:Area on deposit in the PID Reimbursement Fund; and, such payments shill be made at least annually and no later than 60 day's after the date payment of the Annual Installments are due and payable to the City. In the event that a Prepayment of an Assessment is made prior to the issuance of PTD Bonds,the City shall remit pa%,ment to the Developer of an amount of the Reimbursement Agreement Balance then due and payable not to exceed the Assessment Revenue related to such Prepa-=emt from the Assessment Revenue deposited into the PID Reimbursement Fund withia Eta days after the Prepayment is made. Payments made from the PID Reimbursement Fund toward any outstanding Reimbursement Agreement Balance, shall first be applied to unpaid i iterest on such Reimbursement Agreement Balance owed to the Developer, and second to unpaid principal of the Reimbursement Agreement Balance owed to the Developer_ Each payment from the PID Reimbursement Fund shall be accompanied by an accounting that certifies the Reimibuisement Agreement Balance as of the date of the payment and that itemizes all deposits to and disbursements from the fund since the last payment. Approval of a Certificate for Payment and all payments under this Agreement are predicated on: (1) the Developer constnicting and installing_ or the City acquiring (if applicable), the Authorized hnpr vements (or portion thereof shown on each Certificate for Payment as required under the Page 10 1156.01]'89]05�7a Exhibit D—Page 10 1156.011\422096.14 Development Agreement: (2.)the Developer providing the necessary supporting documentation in the standard form for City construction projects, and (3) the City's inspection of each Authorized Improvement(or portion thereof) covered by each Certificate for Payment; provided,however, in no event shall the City Representative be authorized to approve a Certificate for Pad ment if the City has not previously levied an Assessment against Asses red Property within an.Improvement Area related to and benefitting from the Authorized Improvements for which such Certificate for Payment has been submitted_ If there is a dispute over the amount of any payment, the City shall nevertheless pay the undisputed amount. and the Parties shall use all reasonable efforts to resolve the disputed amount before the next payment is made; however. if the Parties are unable to resolve the disputed amount. their the City's determination of the disputed aimmmt(as approved by the City Council)shall control. Notwithstanding.any-thg to the contrary in this Agreement, the Cit} shall be under no obligatim to reimburse the Developer for Actual Costs of any Authorized Improvement that is not accepted by the City. The Cit-Vs obligation to reimburse the Reimbursement Agreement Balance related to the Authorized Improvements for a particular Improvement Area constructed for the benefit of the Assessed Property within such Improvement Area is.: (1) contingent upon the City levying Assessments against property with such improvement Area 'benefitting from the authorized Improvements, (2) payable solely from the Assessments_ mcludinE the Annual Installments of such Assessments- collected from .Assessed Property within such Improvement Area,and(3)not due and airing unless and until the City actually adopts an As gessment Ordinance levying such Assessments. 3.4 PID Bands._ The City,in its sole_ legislative discretion; may issue PID Bonds, in one or more series..when andif the City Council determines it is financially feasible for the purposes of.� (1)pa}Ing all or a portion of the Reimbursement Agreement Balance: or (2) paying directly Actual Costs of Authorized Improvements_ PID Bands issued for such purpose %gill be secured by and paid solely as authorized by the applicable Indenture. Upon the.issuance of PID Bonds for such purpose and for so long as FID Bonds remain outstanding, the Developer's right to receive payments each year in accordance with Section 3.3 shall be subordinate to the deposits required under the applicable Indenture related to any outstanding PID Bonds and the Developer shall be entitled to receive funds pursuant to the flour of finds provisions of such Indenture_ The failure of the City to issue PID B oads shad not constirlte a "Failure" by the City or otherwise result in a "Defaulf" by the Citi-. Upon the issuance of the PID Bonds, the Developer has a duty to construct those Authorized Improvements as Page !Y H56.011,aa10903 Exhibit D—Page 11 1156.011\422096.14 described in the SAP and the Development Agreement. The Developer shall not be relieved of its duty- to construct or cause to be c.onstnzcted such improvements even if there are insufficient funds in the PID Project Fund to pay the Actual Costs_This Agreement shall apply to all PID Bonds issLwd by the City whether in one or more series, and no additional reimbiusement agreement shall be regiured for future series of PID Bonds. 3.5 Disbursements and Transfers at and after Band Closing. The City and the Developer agree that from the proceeds of the PID Bands, and upon the presentation of evidence satisfactory to the City Representative, the City will cause the trustee under the applicable Indenture to pay at closing of the PID Bands approved amounts franc the appropriate account to the persons entitled to payment for costs of issuance and payment of costs incurred in the establishment, administration_ and operation of the PID and any other costs incurred by the Developer and the City as of the time of the delivery of the PID Bonds as described in the SAP_1n order to receive disbursement_the Developer shall execute a Closing Disbursement Request to be delivered to the City no less than five (5) days prior to the pricing date for the applicable series of PID Bonds for payment in accordance with the provisions of the Indenture. In order to receive additional disbursements from any applicable fiend under an Indenture,.the Developer shall execute a Certificate for Payment_ no more frequently~than monthly_to be delivered to the City for payyment in accordance with the provisions of the applicable Indenhue and this Agreement, Upon receipt of a Certificate for Pa-yment (along with all accompanying documentations required by the City) from the Developer_ the City shall conduct a review. in order to confirm that such request is complete. to confirm that the work for wWch payment is requested was performed in accordance with all Applicable Laws and applicable plans therefore and with the terms of this Agreement and any other agreement between the parties related to property in the PID,and to verify and approve the Actual Costs of such work specified in such Certificate for Payment.. The City shall also conduct such review as is required in its discretion to carrfi m the.matters certified in the Certificate for Payment_ The Developer agrees to cooperate with the City in conducting each such review and to provide the City with such additional information and dociunentation as is reasonably necessary for the City to conclude each such review_ The Developer father agrees that if the City provides to the Developer a sales tax exemption certificate then sales tax will not be approved for payment iurder a Certification for Payment. Within fifteen(15)business days following receipt of any Certificate for Payment, the City shall either: (1)approve the C'ertrfrcate for Payment and forward it to the trustee for payment,or(2)provide the Developer with written notification of disapproval of all page 12 11 6.011',SO]050 3 Exhibit D—Page 12 1156.011\422096.14 or part of a Certificate for Payment. specifying the basis for any such di3approval.Any disputes shall be resolved as required by Section 3-3 herein. The City shall deliver the approved or partially approved Certificate for Payment to the trustee for payment, and the trustee shall make the disbursements as quickly as practicable thereafter- 3-6 Obligations Limited. The obligations of the City under this Agreement shall not- under any circumstances- , give rise to or create a charge against the general credit or taxing power of the City or a debt or other obligation of the City payable from any souuce other than the PID Rem1bursement Fund or the PID Project Find. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer forActu<al Costs of Autborized Improvements within any Improvement Area shall only be paid from: (1)net proceeds of PIIS Bands_ if issued, on deposit in the PID Project Fund related to such PID Bonds, and-or (2) Assessments_ including Anmal Installments of such Assessments; collected from such Improvement Area. The Parties further agree that the City's obligation under this Agreement to reimburse the Developer for Actual Costs of Authorized Improvements constructed for the benefit of any. Improvement Area is: (1) contingent upon the Cit. lnying Assessments against propem within such Improvement Area benefitting from the Authorized Improvements- (2) payabk solely from the Assessments, including the Annual Installments of such Assessments, collected from Assessed Property within such Improvement Area, and (3) not due and owing unless and until the City actually adopts an Assessment Ordinance levying such. Concurrent with the levy of Assessments against an Improvement Areas, the City will: (1) establish a separate account within the PID Reimbursement Fund relating solely to such Improvement Area_ if no PID Bonds are issued. or(2)establish a separate PID Project Fund%rill be established under an Indenture if PID Bonds are issued, out of which the City will pay its obligations related to such Improvement Area; and,until such rinse. this Agreement does not create any obligations of the City with respect to any Improvement Area for which Assessments have not been levied-UInles:s approved by the City,no other City funds,revenues-taxes- or income of any kind shall be used to pay: (1) the Actual Costs of the Authorized Improvements; (2)the Reimbursement Agreement Balance even if the Remibursement Agreement Balance is not paid in full on or before the Maturity Date; or(3) debt service on any PID Bonds. -None of the City or any of its elected or appointed officials or any of its officers- employees, consultants or representatives &,hall incur any liability hereunder to the Developer or any other party in their individual capacities by reason of this Agreement or their acts or omissions under this Agreement- page 13 1156.011-0010C,03 Exhibit D—Page 13 1156.011\422096.14 3.7 Obligation to Pay. Subject to the provisions of Section 3.3 and 3.6, if the Developer is in substantial compliance urith its obligations undue the Development Agreement_ then following the inspection and approval of any portion of Authorized Improvements for which Developer seeks reimbtusement of the Actual Cost:.by submission of a Certificate for Payment or Cite approval of a Closing Disbursement Request_ the obligations of the City under this Agreement to pay from Assessment Kevenue or the net proceeds of PID Bonds- as applicable_ disbursements(whether to the Developer or to any person designated by the Ek-%,eloper) identified in any Closing Disbursement Request or in any Certificate for Payment and to pay debt service on PID Bonds are unconditional AND NOT subject to any defenses or rights of offset except as may be provided in any Indenture. 3_8 City Delegation of Authorit-_ All Authorized Improvements shall be constructed by or at the direction of the Developer in accordance with the plans,the Development Agreement,applicable City ordinances and regulations_ incl with this .Agreement and any other agreement between the parties related to property in the PID_ The Developer shall perform, or cause to be performed_ all of its obligations and shall conduct_ or cause to be conducted_ all operations with respect to the construction of Authorized Improvements in a good_ workmanlike and commercially reasonable manner,with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts is the performance of comparable work and in accordance with generally accepted practices appropriate to the activities undertaken. The Developer has sole responsibility of ensuring that all :authorized Improvements are constructed in accordance with the Development Agreement and in a good_workmanlike and commercially reasonable manner;with the standard of diligence and care normally employed by duly qualified persons utilizing their commercially reasonable efforts in the performance of comparable work and in accordance with generally accepted practices appropriate to the acti-Mies undertaken. The Developer shall employ at all times adequate staff" or consultants with the requisite experience necessary to administer and coordinate all work related to the design,engineering,acquisition_ construction and installation of all Authorized Improvements to be acquired and accepted by the City from the Developer. If any Authorized Improvements are or will be on land owned by the City_ the City hereby{ grants to the Developer a license to enter upon such land for purposes related to construction (and maintenance pending acquisition and acceptance) of the Authorized.Improvements. Inspection and acceptance of Authorized Improvements will be in accordance with applicable City ordinances and regulations_ Page 14 L156.011 H IM a Exhibit D—Page 14 1156.011\422096.14 3.9 Security for Authorized Improvements. Prior to completion and conveyance to the City of any Authorized Improvements- the Developer shall cause to be provided to the City a maintenance bond m the amount required by the Cits subdivision regulations for applicable Authorized Improvements, which maintenance bond shall be for a tern of two rears from the date of final acceptance of the applicable Authorized Improvements. Any surety company through which a bond is written shall be a surexy company duly authorized to do business in the State of Texas. provided that legal counsel for the City has the right to reject any surety company regardless of such company's authorization to do business in Texas. Nothing in this agreement shall be deemed to prohibit the Developer or the City from contesting in good faith the validity or amount of any mechanics or materialman's lien andVor judgment nor limit the remedies available to the Developer or the City with respect thereto so long as such delay in performance shall not subject the Authorized Improvements to foreclosure_ forfeiture, or sale_ In the event that any such lien and-or judgment with respect to the Authorized Improvements is contested-the Developer shall be required to past or cause the delivery of a surety bond or letter of credit, whichever is preferred by the City, in. an amount reasonably determined by the City, not to exceed 120 percent of the disputed amount. 3.10 Ownership and Transfer ofAutborized Improvements. If requested in }citing by the City, the Developer shall f rash to the City a commitment for title insurance(a°Coumiitmeint")for land related to the Authorized Improvements to be acquired and accepted by the City from the Developer and not previously dedicated or otherwise conveyed to the City_ The Commitment shall be made available for City review. and must be approved at least fifteen(15)business days prior to the scheduled transfer of title. The City agrees to approve the Commitment unless it reveals a matter which_ in the reasonable judgment of the Cite_ would materially affect the City's use and enjoyment of the Authorized Improvements_ If the City objects to any Commitment. the City shall not be obligated to accept title to the applicable Authorized. Improvemenn until the Developer has cured the objections to the reasonable satisfaction of the City. 3.11 Remaining Funds After Completion of an Authorized Improvement. Within auk- applicable Improvement Area,. upon the fir1al completion of an Authorized Improvement within such linproveiment Area and payment of all outstanding invoices for such Authorized Improvement_ if the Actuil Cu;t of such Authorized Improvement i,� less titan the budgeted cost as shown in Exhibit to the SAP (a .'Cost Underrun7), my remaining budgeted cost will be available to pay Cost Overntas on am other Authorized Improvement within such Improvement Area_ A City Representative shall Fage 15 1136.011,391090] Exhibit D—Page 15 1156.011\422096.14 promptly confirm to the Administrator (as defined in the SSP) that such remaining ammmts are available to pay such Cost Ovemms_and the Developer_the Administrator and the City Representative will agree how to use such moneys to secure the payment and performmce of the work for other Authorized Improvements. Any Cost Undemm for any Authorized Improvement is available to pay Cost Ovemins on any other Authorized Improvement and may be added to the amount approved for payment in any Certificate for Payment_ as a greed to by the Developer_the Administrator and the City Represenrativ e. 3.12 Contracts and Change Orders.The Developer shall be responsible forentering into all contracts and any supplemental agreements(herein referred to as-`Change Orders")required for the construction of an Authorized Improvement. The Developer or its contractors may approve and implement any Change Orders even if such Change Order would increase the Actual Cost of an Authorized Improvement_ but the Developer shall be solely responsible for payment of any Cost Overruns resulting from such Change Orders except to the extent amo mts are available pursuant to Section 3.12 hereof If any Chance Order is for work that requires changes to be made by an engineer to the construction and design documents andplans previcnisly approved tmder the Development Agreement;. then such revisions made by an engineer must be submitted to the City for approval by the City's engineer prior to execution of the Change Order_ SECTION 4_ ADDITIONAL PRUVISIONS 4.1 Term. The terse of this agreement shall begin on the Effective Date and shall continue until the earlier to occur of the Maturity Date or the date on which the Reimbursement agreement Ba.k wce is paid in full. 4.2 No Competitive Bidding_ Construction of the Authorized Improvements shall not require con.petitive bidding pursuamt to Section 252_022(a) (9)of the Texas Local Government Code; as amended_ All plans and specifications; but not construction contracts. shall be reviewed and approved, in writing_ by the City prior to Developer selecting the contractor. The City_ at its election made prior to the Developer entering into a construction contract. shall have the right to examine and approve the contractor selected by the Developer prior to exmitigg a constniction contract with the contractor, which approval shall not be im easonably delayed or withheld_ 4.3 Independent Contractor. In performing this Agreement. the Developer is an independent contractor and not the agent or employee of the City- P3gee 16 1156.011-9010903 Exhibit D—Page 16 1156.011\422096.14 4.4 Audit. The City Representative shallhave the right_during normal business hours and upon fire(5)business days'prior%1►Titten notice to the Developer_to review all books and records of the Developer pertaining to casts and expenses incurred by the Developer with respect to any of the Authorized Improvements. For a period of two years .after completion of the Authorized Improvements, the De-veloper shall maintain. proper books of record and account for the construction of the Authorized Improvements and all costs related thereto. Such accoxmting books shall be maintained in accordance with customary real estate accounting principles.The Developer shall have the right_ during normal business hours_ to review all records and accounts pertaining to the Assessments upon written request to the City_ The City shall provide the Developer an opporhmuty to mspect such books and records relating to the Assessments during the City"s regular business hours and on a mutually agreeable date no later than ten(14)business days after the City receives such written request. The City shall keep and maintain a proper and complete system of records and accounts pertaining to the Assessments for.so lmg as PID Sands remain outstanding or Reimbursement Agreement Balance remains unpaid. 4.5 Developer's Ri_ t to Protest Ad Valorem Taxes. clothing in this Agreement shall be construed to limit or restrict Developer's right to pretest ad valorem taxes. The Developer's decision to protest ad valorem taxes on Assessed Property does not constitute a Default under this A¢reement. 4.6 PID Administration and Collection of Assessments. The Administrator shall have the responsibilities provided in the SAP related to the duties and responsibilities of the administration of the PIH the City shall provide the Developer with a copy of the agreement behveen the City and the Administrator_ If the Cite contracts with a third-parry for the collection of Annual Installments of the Assessments, the City shall provide the Developer with a copy of such agreement_ For so long as PID Bonds remain outstanding or the Reimbursement Agreement Balance remains unpaid, the City shall notify the Developer of any change of administrator or third-party collection of the Assessments. 4.7 Representations and Warranties. 4-7.1 The Developer represents and warrants to the City that: (1) the Developer has the authority to enter into and perform its obLigations under this Agreement; (2)the Developer has the financial resources_ or the ability to collect sufficient financial resources. to meet its obligations under this Agreement; (3)the person executing this Agreement on behalf of the Page r L 1M.011,901090 3 Exhibit D—Page 17 1156.011\422096.14 Developer has been duly authorized to do so;{4)this Agreement is binding upon the Developer in accordance with its tears:. and(5)the execution of this Agreement and the performance by the D,-vtloper of its obligations under this Agreement do not constitute a breach or event of default bar the Developer imder any other agreement_ t stnument, or order to which the Developer is a party or by which the Developer is bound_ 4.7.? The City represents and warrants to the Developer that: (1) the City has the authority to enter into ,and perforin its obligations under this Agreement; (2) the person executing this Agreement on behalf of the Cite has been duly authorized to do so; (3) this Agreement is binding upon the Cite in accordance with its terms;and(4)the execution of this Agreement and the performance by the City of its obligations under this Agreement do not constitute a breach or event of default by the City under any other agreement, instnmalent. or order to which the City is a party or by which the City is bound. 4.8 Default Remedies. 4.8.1 If either Party. fails to perform an obligation imposed on such Party by this Agreement (a "Failkure') and such Failure is not cured after notice and the expiration of the cure periods provided in this section_then such Failure shall constitute a"Default."If a Failuue is monetary, the nen-perfornoi.ng Party shall have ten (10) days within which to cure. If the Failure is non-monetary- the non-perfornung Party shall have thirty(30)days within which to cure_ 4.8.21' If the Developer is in Default_ the City shall have available all remedies at lar- or in equity; provided no default by the Developer shall entitle the Cite to terminate this Agreement or to ivithhoid payments to the Developer from the PID Reimbursement Fund or the PID Project Fund in accordance -%ith this Agreement and the Indenture. 4.8.3 If the City is in Default_ the Developer shall have available all remedies at lain or in equity;provided, however, no Default by the City sha11 entitle the Developer to termite this Agreement_ 4.8.4 The City shall glee notice of any alleged Failure by the Developer to each Transferee identified in any notice from the Developer_ and .such Transferees shall have the right,but not the obligation,to cure the alleged Failure within the sante cure periods that are Fage l8 1156.011'301090 3 Exhibit D—Page 18 1156.011\422096.14 provided to the Developer. The election by a Transferee to cure a Failure by the Developer shall constitute a cure by the Developer but shall net obligate the Transferee to be bound by this Agreement unless the Transferee agrees in writing to be bound. 4.9 Remedies Outside the Aueement.Nothing in this Agreement constitutes a waiver by the City of any remedy the City may have outside this Agreement against the Developer- any Transferee, or any other person or entity involved in the design- construction_ or installation of the Authorized Improvements_ The obligations of the Developer hereunder shall be those of a party hereto and not as an owner of property m the PID. Nothing herein shall be construed as affecting the City's or the Developer's rights or duties to perform their respective obligations under other agreements, use regulations_ or subdivision requirements relating to the development,property in the PID. 4.10 Estoppel Certificate_ From time to time upon written request of the Developer. tate City h-lanager will execute a written estoppel certificate_ in form and substance satisfactory to both Parties that- (1}identifies any obligations of the.Developer under this Agreement that are in default or,with the gibing of notice or passage of tune_ would be in default. or(2) states,-to the extent true. that to the best knowledge and belief of the City,the Developer is in compliance with its duties and obligation, tinder this Agreement_ 4.11 Transfers_ The Developer has the right to convey_ transfer, assign_ mortgage_ pledge_ or otherwise encumber_ in whale or in part without the consent of (but with notice to) the City, the Developer's right,title,or interest to payments under this Agreement(but not performance obligations) inchtding, but not limited to, any right, title_ or interest of the Developer in and to payments of the Rein7bursement Agreement Balance; whether such payments are from the PID Reimbursement Fund In accordance with Section 3.3 or from Bond Proceeds (any of the foregoing_ a "Transfer," and the person or entity to whom the transfer is made_ a "Transferee")-. provided, however, that no such conveyance.transfer,assignment. mortgage_pledge or other encumbrance shall be made without prior written consent of the City of such conveyance. transfer, assignment. mortgage. pledge or other encumbrance would result in. (1)the issuance ofmunici.pal securities,angor(2)the City being viewed as an "obligated person" within the meaning of Rule 15c2-1.2 of the United States Securities and Exchange Commission- and-or (3) the City being subject to additional reporting or recordkeeping duties_ Notwithstanding the foregoing_ no Transfer shall be effective until notice of the Iransfer is given to the City. The City may rely on notice of a Transfer received from the Developer without Page n 1136.011M IM 3 Exhibit D—Page 19 1156.011\422096.14 obligation to investigate or confirm the validity of the Transfer. The Developer waives all rights claims against the City for any finds paid to a third parts'as a result of a Transfer for which the Ci received notice. 4.12 AVpnccable Law:Vemie.This Agreement is being execated and delivered and is intended to performed in the State of Texas.Except to the extent that the laws of the United States may apply_f substantive laws of the State of Texm shall govern the interpretation and enforcement of tl Agreement. In the event of a dispute involving this Agreement. venue shall lie in any court competent jurisdiction inNueces County_Teras. 4.13 Notice.Any notice referenced in this,agreement must be in writing and shall be deemed gig•. at the addresses shown below: (1)when delivered b},a nationally recognized delivery sen ice such FedEx or LTS with evidence of delivery sign6d by any person at the deliver- address regardless whether such person is the named addressee; or C2) 72 hours after deposited with the United Stat Postal Senice,Certified Mail-Return Receipt Requested- To the City: Atta: City Mans.ger's Office City of Corpus Christi P_0_GOM 92+ Corpus Christi,Texas 79469-927 7 E-mail-E1svB�4cctexas.com With a coFy to: Attu: City Attorney's C}ffice City of Corpus Christi. P.O.Gox 9277 Corpus Christi,Texas 78469-9277 E-mail:aimee!-cctexas.com To the Developer Attn: Stein Yeats Ashlar Interests:LLC 400 Las Colinas Blvd.E._ Suite 1075 Irving_Texas 75039 E-mail_syetls;u;ashlar .cum With a c-DM,to: Attn: Misty Ventura Shupe Venteua,PLLC 9406 Biscayne Blvd. Dallas: Texas 75225 E-mail:misty.ventura(�!svlandlaw-com TEL: (214)328-1101 FALL{: (8t]0}319-3768 Page 74 1196.011'^931 59 Exhibit D—Page 20 1156.011\422096.14 Any Party may change its address by delivering notice of the change in accordamce with this section. 4.14 Conflicts; Amendment_ In the event of any conflict betw=een this Agreement and any other instrument_ document_ or agreement by which either Party is bound_ the prm ision.s and intent of the applicable Indenture controls_ This Agreement may only be amended by written agreement of the Parties. 4.1 Severability_If any pfm sion of this Agreement is held invalid by any court, such holes s all not affect the validity of the remaining provisions_ 4.16 Ikon-Tamm- The failure by a Party to insist upon the strict performance of any provision of this Agreement by the other Partly, or the faihue by a Party to exercise its rights upon a Default by the other Party_ shall not constitute a waiver of such Party's right to insist and demand strict compliance by such outer Party with the provisions of this Ageexment. 4.17 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to confer upon my person or entity outer than the City,the Developer.and Transferees any rights under or by reason of this Agreement. All provisions of this Agreement shall be for the sole and exclusive benefit of the City.the Developer. and Transferees. 4.18 Counterparts. This Agreement may be executed in multiple counterparts, which- when taken to?ether. sball be deemed one ori ffinal_ 4.15 Employment of Undocumented Workers. During the tern of this Agreement_ the De Moper agrees net to lmowingly employ any undocumented workers and_ if convicted of a violation lander 8 U_S.C. Section 1324a(t),the Developer shall repay the incentives granted herein within 120 days after the date the Developer is notified by the City of such violation,plus interest at the rate of six percent (6No) compounded annually from the date of violation until paid. Pursuant to Section 2264.101(c). Texas Government Code_ a business is not liable for a violation of Chapter 2264 by a subsidiary, affiliate, or franchisee of the business_ or by a person with whom the business contracts_ 4.20 No Boycott of Israel. To the extent alis Agreement constitutes a contract for goods or seances for which a written verification is required under Section 2271.002, Texas Government Code,_ the Developer hereby verifies that it and its parent company. wholly-or majority-o)xmed subsidiaries,and other affiliates, if .any_ do not boycott Israel and will not boycott Israel duan! the term of this Agreement. The foregoing verification is made solely to enable the City to couzpiy with such Section Page 21 1156.011,40 1090 3 Exhibit D—Page 21 1156.011\422096.14 and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing venfication 'boycott Israel,'a term defined in Section 2271.001, Texas Government Code. by reference to Section.808.001(1)_Texas Govemnient Code_means refusing to deal with-terminating business activities with- or otherwise taking any action that is intended to penalize_ inflict economic Marna on, or limit commercial relations specifically with Israel or with a person or entity doing business in Israel or in an Israeli-controlled territory;but does not include an action made for ordinary business purposes- 4-21 urposes-4-2l Iran_ Sudan- and Foreign Terrorist Ofganizations- The Developer represents that neither it nor any of its parent company; wholly~- or majority-owned subsidiaries- and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252-153 or Section 2270-0201,Texas Government Cade,and posted on any of the following pages of such officer's internet website: haps:�'conlptrolles.terras.�o�°purchasing docs;-odea-lst_pdf_ hMs:!�comptrofler-texas.gov..purcbasing,'docs4an-list-pdf- or 11ttp s:�'conlptroller.te�€as.�o�-rpurchasing;'docs;"fto-list.pdf. The foregoing representation is made solely to enable to City to comply with Section 2252.152. Texas Government Code-and to the extent such Section does not contravene applicable Federal law or Texas Law and excludes the Dneloper and each of its parent company- wholly- or majority-owned subsidiaries- and other affiliates_ ifanv-. that the United Mates government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign,terrorist organization- 4.22 No Discrimination Against Fossil Fuel Companies.To the extent this Agreement constitutes a contract for goods or services for which a xvritten verification is required under 'Section 2274.002 (as added by Senate Bill 13 in the 87th Texas Legislinire_Regular Session),Texas Government Code_ as amendel the Developer hereby verifies that it and its parent company- wholly- or majority-ou-ned subsidiaries_ and other affiliates- ifanv- do not boycott energy companies and will not boycott energy companies during the tenni of this Agreement-The foregoing verification is made solely to enable the City to comply with such Section and to the extent rich Section does not contravene applicable Federal or Teras law- As used in the foregoing verification_ "boycott energy companies" a term defined in Section 2274.001(1)-Texas Goverment Code(as enacted by such Senate Bill)by reference to Section Page 2'2 1156.011",84109(F3 Exhibit D—Page 22 1156.011\422096.14 509-001- Texas Government Fade (also as enacted by such Senate Bill)- shall mean_ without an ordinary business purpose. refusing to deal with_ terminating business activities with. or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company (A) engages in the exploration- production, utilization transportation- sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by(A)above. 4-23 No Discrimination Against Firearm Entities and Firearm Trade Associations. To the extent this Agreement constitutes a contract for goods or services for which a written verification is required under Section 2274-002 (as added by Senate Bill 19 in the 57th Texas Legislature- Re pilar Session),. Texas Government Code- as amended_ the Developer hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries_ and other affiliates, if any. do not have a practice-. policy: guidance, or directive that discriminates against a firearm entity or firearm trade association and will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. The foregoing verification is made solely to enable the City to comply with such Section and to the extent such Section does not contravene applicable Federal or Texas law. As used in the foregoing verification and the following definitions: (a) "discriminate against a firearm entity or firearm trade association_' a term defined in Section 2274-001(3),Texas Government Code(as enacted by such Senate Bill), (A) means_with respect to the fireann entity or firearm trade association_to (i)refuse to engage in the bade of any goods or services with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association_ (ii)refrain from continuing an existing business relationship with the firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association,or(iii)terminate an existing business relationship with time firearm entity or firearm trade association based solely on its status as a firearm entity or firearm trade association and.(B)does not include(i)the established policies of a merchant, retail seller- or platform that restrict or prohibit the listing or selling of ammunition-firearms_or firearm accessories and(ii)a company's refusal to engage in the trade of any goods or services_decision to refrain from continuing an existing business relationship. or decision to terminate an existing business relationship (aa)to comply with federal_state,or local law-policy-or regulations or a directive by a regulatory agency or(bb)for any traditional Page?3 1156.011°.BMJ]09+�3 Exhibit D—Page 23 1156.011\422096.14 business reason that is specific to the customer or potential customer and not based solely on an entity's or association's starts as a firearm entity or firearm trade association:. (b) 'firearm entity-'a term defined in Section 2274.001(6),Texas Goiwmment Code (as enacted by such Senate Bifl)_ means a manufacturer, distributor. wholesaler, supplier_ or retailer of firearms (defined in Section 2274.001(4), Texas Government Code_ as enacted by such Senate Bill- as weapons that expel projectiles by the action of explosive or expanding gases), firearm accessories (defined in Section 2274.001(5), Iexas Government Code_ as enacted by such Senate Bill-as derrices specifically designed or adapted to enable an individual to ivear_ carry, store, or mount a firearm on the indi�,idual or on a conveyance and items used in conjunction xith or mounted on a firearm that are not essential to the basic fumetiou of the firearm, including detachable firearm magauines), or ammunition (defined in Section 2274.001(1): Texas Government Code, as enacted by such Serrate bill, as a loaded cartridge case_primer_bullet,-or propellant powder with or without a projectile)or a sport shooting range (defined in Section 250.011. Texas Focal Govename t Code, as a business establistment. private chub. or association that operates an area for the discharge or other use of firearms for silhouette.-skeet,trap_.black powder,target_ self-defense,or similar recreational shooting),and (c) 'fireanu trade association,' a terns defined in Section 2 74.001(7), Texas Government Code (as enacted by such Senate Bill). means any person,, corporation, unincorporated association_ federation,business league_or business organization that(i)is not organized or operated for profit hand none of the net earnings of which inures to the benefit of any private shareholder or indhidual). (ii)has two or more firearm entities as members, and (iii) is exempt from federal income taxation under Section 501(x)- Internal Revenue Cade of 1986, as an organization.described by Section 501(c)of that code_" 4.24 Affiliate_ As used in Sections 4.19 through 4.24,the Developer understands'affiliate'to mean an entity that controls, is controlled by. or is under common control with the Developer within the meaning of SEC Rule 405, 17 C.F'_R. § 230.405,and exists to make a profit. 4.25 Farm 1295_ Submitted herei;ith is a completed Farm 1295 generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 22.52..908 of the Texas Government Code and the rules promulgated by the IEC" (the "Form 1295"). The City hereby confirms receipt of the Form 1295 from the Developer_ and the City agrees to Fane 34 1156.01 PN 1090 3 Exhibit D—Page 24 1156.011\422096.14 acknowledge such form with the TE.0 through its electronic filing application system not Later than the 30th day after the receipt of such farm- The Parties understand and agree that. with the exception of information identifying the City and the contract identification number, neither the City nor its consultants are responsible for the information contained in the Form 1295; that the information contained in.the Form 1295 has been pro Med solely by the Developer-, and, neither the City nor its consultants have verified such informatian- 4_26 Changes in Lave. The Parties acknowledge and expressly agree that_ during the Term_ either Party may take ad,.-mtage of changes in the lain notwithstanding m thine to the contrary in this Agreement- 4-27 Public Information. 'Notwithstanding any other provision to the contrary-in this Agreement-all information_ documents,and cormmim cations relating to this Agreement may be subject to the Texas Public Information Act and any opinion of the Texas Attorney General or a court of competent jurisdiction relating to the Texas Public Information Act. The requirements of Subchapter J, C inp[er 552. Texas CFove=ent Cader may apply to this Agreement and the Developer agrees that this Agreement may be terminated if the Developer knowingly or intentionally fails to comply with a, requirement of that subchapter,if applicable,and the Developer fails to cure the violation on or before the tenth business day after the date the Cit}' provides, notice to Developer of noncompliance with Subchapter J- Chapter 552- Pursuant to Section 552-372, Texas Government Code. Developer is required to preserve all contracting information related to this Agreement as provided by the records retention requirements applicable to the City for the duration of this Agreement;promptly provide to the City any contracting information related to this Agreement that is in the custody or possession of the Developer on request of the City; and on completion of the Agreement, either provide at no cost to the City all contracting information related to the contract that is in the custody or possession of the entity or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the City. [E.xeadion pages,foffox'-] Page 2 5 1156.011'.010903 Exhibit D—Page 25 1156.011\422096.14 CITY: CITE- OF CORPUS CHRISTI,TE cVS By: Paulette Guajardo-Mayor ATTEST: By: Rebecca Hiterta- City Secretary APPROVED AS TO FORS! AND LEC=ALITY: B : City Attorney [for Citi-Attomey] C=SIGNATG'RE PACE IO RE,3muRSE\€N-T AGREE- Z—11,Y"TEcAP PLBuC JvpR0vi3 Eti I Dr smiC'T 1156.011101DN 3 Exhibit D—Page 26 1156.011\422096.14 DEVELOPER. ASHLAR INTERESTS.LLC a Teas limited liability company Bv: Title: IIEVELoPER SIGNATLRE PAGE To RELiAB€z,,F-NmhT Ac REE34E�T—ljq=ECAP PbELic LVIPRDVENIENT I11ST6 c T 1156.011491DM 3 Exhibit D—Page 27 1156.011\422096.14 E_,,ji miT A CERT ITIC ATE FOR PAY31FNT F0R-11 The undersigned is an agent for Ashlar Interests_ LLC (the "Developer') and requests payment from the applicable account of the [PID Reimbursement Fiend] [PID Project Fund] fronn the City of Corpus Christi_Texas(the"Cit in the amount of for labor.materials_fees_and/or other general costs related to the creation_ acquisition_ or construction of certain Authorized Improvements providing a special benefit to property v ithin the Whitecap Public Improvement District. Unless otherwise defined_ any capitalized terms used herein shall have the meanings ascribed to them in the PDD Reimbursement Agreement between the City and the Developer_ effective as of _ 20_(the"Reimbursement Agreement")_ In connection with the above referenced payment, the Developer represents and warrants to the City as follows: 1. The undersigned is a duly authorized officer of the Developer. is qualified to execute this Certificate for Payment Farm on behalf of the Developer and as knowledgeable as to the matters set forth herein. 2_. The payment requested for the below referenced Authorized Luprovenments has not been the subject of any prior payment request submitted for the;r une work to the City or- ifprevionsly requested, no disbtusermxent was made with respect thereto. 3. The amount listed for the Authorized Improvements below is a true and accurate representation of the Actual Costs associated with the creation acquisition_ or construction of said Authorized Improvements_ and such costs (i) are in compliance with the Reimbursement Agreement, and(ii) are consistent with the Sen�ice and Assessment Plan. 4. The Developer is in compliance m,,�ith the terms and provisions of the Reinmbimwaient Agreement_time Indenture. the Service and Assessment Plan and the Development Agreement. 5. The Developer has timely paid all ad valorem taxes and annual installments of special assessments it owes or an entity the Developer controls owes; located in the Whitecap Public Improvement District and has no outstanding delinquencies for such assessments. 6. 2U conditions set forth in the Indenture (as defined in the Reimbursement Agreement) for the payment hereby requested have been satisfied. 7. The work with respect to the Authorized Improvements referenced below(or its completed segment) has been completed_ and the City has inspected such Authorized Improvements (or its completed segment). E=TA.-PAG I 1156.011'.N IOP0 3 Exhibit D—Page 28 1156.011\422096.14 8- The Developer agrees to cooperate i6th the City in conducting its review of the requested payment and agrees to provide additional information and documentation as is reasonably necessary for the City to complete said review- 9- No more than ninety-five percent(95%)of the budgeted or contracted hard cosis for major improvements or any phase of Authorized Improvements identified My be paid until the work with respect to such Authorized Improvements (ar segment)has been completed and the City has accepted such Authorized Improvements(or segment). One hundred percent (100%) of soft costs (e-g-- engineer*casts, inspection fees and the Like)may be paid prior to City acceptance of such Authorized Iinpr cements (or segment)- Payments requested are as follows: a. Xamount to Person or Accoimt Y fa"ar Z goods or services. b. Etc- [If the Authorized Improvements are to be paid iii part from one series of P'ID Bonds and in part from another,insert the following_ As required by Section of the Indenture- the casts for the Authorized Improvenients than constitutes the pro-rata share of such Authorized Improvements allocable to the designated Bonds shall be paid as fallow s- A Ahorized Ami-tit to be paid Amaant to be paid Total Cost from from of Auflwnzed imtrro�emeuts_ Rmd Fund In4WO events Attached hereto are receipts, purchase orders, change orders, and similar instruments which support and validate the above requested payments-Also attached hereto are"bills paid" affidavits and supporting documentation m the standard form for Citi"construction projects. Pursuant to the Reimbursement Agreement. after receiving this payment request. the City has inspected the Authorized Improvements(or completed segment)and confirmed that said work has been completed in accordance with approved plans and all applicable governmental laws, rules, and regulations- E- rr A-NLGE 2 1156.0111D IM3 Exhibit D—Page 29 1156.011\422096.14 I hereby declare that the above represerltatiom and warranties are true and correct. ASHLAR INTERESTS.LLC' a Texas limited liability company By: Title: E=rr A-PAGE 3 1156.011'.90 i3 Exhibit D—Page 30 1156.011\422096.14 -kP?RON'-iL OF REQUEST BY CITE' The City, is in receipt of the attached Certificate for Pa ament, acImowledges the Certificate for Payment,acknoMedges that the Authorized Improvements(or its completed segment)covered by the certificate have been inspected by the City,and otherwise finds the Certificate for Payment to be in order. After re�,Tiewing the Certificate for Payment_ the City approves the Certificate for Payment and shall[inchue said payments in the City Certificate submitted to the Trustee directing payments to be made from the appropriate account of the PIIS Project Frrnd] [direct payment from the PID Reimbursement Fund] to the Developer or to any person designated by the Developer. CITY 0E CORPUS C HRI'nTI. TE KAS Bv: iti ante: Title: Date: E=rr A-RAGE 4 iI;6.0111 IM3 Exhibit D—Page 31 1156.011\422096.14 E-%hibir B FORM QF C LQKN(� DISRIT SE3iE7 T PEQUE ST The undersigned is an agent for (tire "Developer") and requests payment to the Developer(or to the person designated by the Developer) from the Cast of Issuance Account of the Project Find from (the "Trustee") in the amount of ($ } to be transferred from the Cost of Is.sivance Account of the PID Project Fund upon the delivery of the PID Bonds for costs incarred in the establishment_ administration, and operation of the Whitecap Public Improvement District(the "District"),as follows_Unless otherwise deed_ any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of Inst by and between theCity and the Trustee dated as of 20_(the "Indenture") relating to the [LNSERT NAME OF BONDS] (the "PID Bonds"). In connection with the above referenced payment, the Developer represents ,and w rrauts to the Citi~as follows: 1_ The undersigned is a duly authorized officer of the Developer_ is qualified to execute this Closing Disbursement Request on behalf of the Developer and is lmowledgeable as to the matters set forth herein. 2_ The payment requested for the below referenced establishment_ administration_. and operation of the District at the time of the delivery of the PID Bonds have not been the subject of any prior payment request submitted to the City. 3_ The amount listed fir the below costs is a true ,and accurate representation,of the :actual Costs associated with the establishment_ administration and operation of the District at the time of the delivery of the PID Bonds, and such costs are in compliance with the Service and Assessment Plan. 4_ Ile Developer is in compliance Aith the terms and provisions of the Reimbursement Agreement_ the Indenture, the Service and As:�essment Plan_ and the Development Agreement. 5_ All conditions set forth in the Indenture and the Reunbursement Agreement for the payment hereby requested have been satisfied. 6_ The Dev,eloper agrees to cooperate with the City inconducting its renriew of the requested payment and agrees to provide additional in:fonnation and documentation as is reasonably necessary for the City to complete said review_ Payments requested hereunder- shall be made as directed below: Phformation regarding Payee_ amount_ and deposit instructions attached] I hereby declare that the above representations and warranties are true and correct_ E.,miEirB—Pkos 1 1156.01110100U Exhibit D—Page 32 1156.011\422096.14 ASHLAR INTEREST-S.LLQ' a Texas limited liability- com art, By: Tine._ F-YHIHITB—P_4GE 2 1156.011'aCIO903 Exhibit D—Page 33 1156.011\422096.14 APPROV_U Of RIE QUEST BY CITY The City is in receipt Of the attached Closing Disbursement Request_ acknDwledges the Closing Disbursement Reques#_and finds the Closing DisburseinentRequest to be in order_AfterIng the Closing Disbursement Request, the City approves the Closing Disbursement Request and shall include said payments in the City Certificate submitted to the Trustee directing pa}ments to be made frons Costs of Issuance Accouunt upon delivery of the PID Bands. CITY OF CORPUS CHRISTL TEXAS By: Name: Title: Date: L=ITB-PkGE 3 1156.411".N 1090 3 Exhibit D—Page 34 1156.011\422096.14 EXHIBIT E REQUIREMENTS FOR CONSTRUCTION OF PUBLIC WORKS ON CITY PROPERTY When working on portions of the development within existing City Right-of-Way or on City property, Developer agrees to comply with the following terms and conditions: a. Development of Plans and Specifications. Developer will have a licensed engineer or architect prepare all plans and bid specifications for the development on City property or within the City's right-of-way in compliance with all applicable City, State and Federal codes and regulations for a City public works project, including compliance with the City's Infrastructure Design Manual available at www.cctexas.com/idm. Developer shall use commercially reasonable efforts to ensure that the contract with the engineer or architect for design includes the terms and conditions included on the attached Attachment A; and, shall notify the City of any requested variances from the terms and conditions included on Attachment A. The Developer shall provide all plans and specifications to the City for review and approval prior to beginning any construction work on City property or within the City's right-of-way; provided, however, if a City review and/or approval has not occurred within ten (10) business days, the City will work with Developer to identify a third-party engineering firm to assist the City with the necessary review in accordance with Section 3.07 of the Development Agreement. b. Project Bids. Developer shall competitively procure all construction contracts for work done on City property or within the City's right-of-way in a commercially reasonable manner. Developer shall use commercially reasonable efforts to ensure the specifications and contract terms for construction include the terms outlined in attached and incorporated Attachment B; and, shall notify the City of any requested variances from the terms in Attachment B. Developer shall be responsible for providing oversight and contract management services including inspection services to verify work is timely and properly completed. Developer shall obtain all required City permits for the work done on City property or within the City's right-of-way, including a right- of-way permit when required. [Remainder ofpage left blank intentionally. Execution pages and exhibits follow.] Exhibit E—Page 1 1156.011\422096.14 ATTACHMENT A to Exhibit E 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 reasonably 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 three (3)business days of any written claim or demand against City or Consultant received by 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 Developer has delivered a certificate of insurance to the City. Unless agreed to in writing 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 A-1 Exhibit E—Attachment A 1156.011\422096.14 ATTACHMENT A-I TO EXHIBIT E ARCHITECT/ENGINEER ("CONSULTANT") 1. Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and Developer has delivered a certificate of insurance to the City. Unless agreed to in writing 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, required Bodily Injury and Property Damage on all certificates or by applicable policy Per occurrence - aggregate 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. Exhibit E—Attachment A-1 1156.011\422096.14 ATTACHMENT B TO EXHIBIT E 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 a public work on City property or within the City's right-of-way 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 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 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 REASONABLE 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. 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 one (1) year from final acceptance for water, wastewater, and storm sewer system improvements and for two (2) years from final acceptance for all streets, sidewalks, curbs, and gutters. E. Contractor shall provide insurance as required by Attachment B-1. Exhibit E—Attachment B 1156.011\422096.14 ATTACHMENT B-1 TO EXHIBIT E 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 Exhibit E—Attachment B-1 —Page 1 1156.011\422096.14 WORKERS'S COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 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; Exhibit E—Attachment B-I —Page 2 1156.011\422096.14 • 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. Exhibit E—Attachment B-1 —Page 3 1156.011\422096.14 EXHIBIT F OWNERSHIP AND MAINTENANCE EXHIBIT p 1& °23 8 3• - (t S I � 7 r� i r , 1p ILI L� _ I tir � � „I y LI II r s '� I p DIAMOND ROACH H❑LDINGS cmaxmeu nnonelmea ! p ' I LJA ENGINEERING i sreucrunes Malnraxeo av xaa 1'1 l TENAS ENfltlxEERING FIRMF130R WHIT E C A P PkESkRVE xaNRE PRE9ERV£ NORTH PADRE ISLAND M°aluTM PeoesrRlaRrcaRr ealo°s —a - - - enlo°e Exhibit F 1156.011\422096.14 EXHIBIT G PHASE 1 PID AUTHORIZED IMPROVEMENTS EXHIBIT L�a - .,��•'°'may"~_ / ■ �— �- � _"!�� AENNGIINEERING iEXAS � G FIRM F-1 iM ..te+,Nes etre M. l/f GC'1� �+'C t c o 'cr su.ml A660 t 1 Pon l Nwn•L.N Curti .� �d _ F � s I e Ik d 0*4 I I �� 03 , cz =I — _I if I p J it DIAMOND &EACC-il tia I.. I W H I T F C A P `.`NORTH PADRE ISLAND _PID DIRECT PUBLCC -_IMPROVEMENTS PHASING 7—EXHIBIT C rl( Exhibit G—Page 1 1156.011\422096.14 GBAPbtc SCAJz , — ' L a Baazuu` N `I I I I � ISM P�R 0 Vi' 'MAV OV11 SRF I n tom. �`' —y'^� •• 1 �" R,E�Q _ •.!PC.PAG. A.H.C:'�❑ `` Y -_--- w r I / / S 1 err -- 4 . DIAMOND BEACH HOLDINGS LJA ENGINEERING PF f r r W H I T E C A P i NORTH PADRE ISLAND a TEXAS ENGINEERING FIRM F-1386 f 9 Sfap:r s&,c_f.,u«<5 IMPROVEMENT AREA a1 SITE,STREET,&STORM. ._•yu,Lliri>:i T�•,.,57e<,f r PID DIRECT PUBLIC IMPROVEMENTS �36�93'8557; :vllf.r-.m i l EXHIBIT D - Exhibit G—Page 2 1156.011\422096.14 b _ B 0 103, 200 it I I 1M]P�R0VEM'ENT iedc a pv: ,tr c1r; 1 ———i—J- DIAMOND BEACH e HOLDINGS _ f LJA ENGINEERING W H I T E C A R --�n TEXAS ENGR�IEERING FIRM F-1386 � NORTH PADRE ISLAND sa$05 sualn$sre.T.5.. 425 P IMPROVEMENT AREA#1 WATER I:-- cnnv.TEas79 li' ff, 4 I PID DIRECT PUBLIC IMPROVEMENTS phOnp '6 291 855 Mrv. ��� ; i E X H I B I T E Exhibit G—Page 3 1156.011\422096.14 r t 11 r r a 1-M-P.--R � �EMT �UL3�E .A=R ESA �# 1 f — ars PART f rr r I _ ,-- DIAMOND BEACH ' HOLDINGS - 4 LJA ENGINEERING � �' I �� W H IT E C A P�I-- TEXAS ENGINEERING FIRM F-1366 r NORTH PADRE I5 LAND sasns raw :7PPl-su,w495 1 f IMPROVEMENT AREA #1 WASTEWATER A `:.P-cK r.-,ffw" PID DIRECT`PUBLIC IMPROVEMENTS W n J819y165i0 o�F wwvl.lk rnm E X H I B I T F Exhibit G—Page 4 1156.011\422096.14 __ __ m w a a 1C: o- -- o --�-- ---- \` �� - a _ -_ _ a E5� Zn Zn N ` �z m �f w W W 8 o J o co wJ ma W 06 i H l\ �a m Lw W.. 06 \l J z� [if ❑ Q e W w-S. ':sem W06 c.i 2�" 3 U W- 3U m c�i / J LIJ mma m ion J Sao da J da rca Q a w ina i, J ina ro Q W m Q O vB mo W N m w ❑ \ Q u�^ LU Gi f O F¢m (d1.J-) o ` f m U o o � o a F, as m z O Y m as w a DIAMOND BEACH HOLDINGS LJA ENGINEERING W H I T E C A P mw TEXAS ENGINEERING FIRM F-1386 z 53505pye.Street NORTH PADRE ISLAND Corpus CTexas 70411 hristi N phone 3619918650 STREETS&UTILITIES a A=om EXHIBIT G Exhibit G—Page 5 1156.011\422096.14 : . Whitecap Master Development Agreement City Council Meeting December 12, 2023 ~ # Heather Hurlbert, CPA, CGFO MIMI,. Whitecap Development Overview ............ MASTER PLAN, , r 'Z .. Whitecap Agreements A Master Development Agreement (MDA) is being used to accumulate and record all agreements and parameters for the Whitecap development • Tax Increment Financing Zone #2 (TIRZ #2) reimbursement and development agreement • Public Improvement District (PID) • Planned Unit Development Overlay (PUD) • Any future economic development agreements including a 380 agreement The agreements have been approved separately by the respective bodies but will be recorded and referenced within the MDA so that all agreements can be found in a single document 3 Infrastructure Responsibilities The MDA also details responsibilities such as: • Infrastructure ownership • Maintenance responsibilities for • Infrastructure • Canals and bulkheading • Infrastructure reimbursed by the TIRZ #2 4 Next Steps January 2024 • Approval of PID Reimbursement Agreement • Approval of PID Preliminary Service Agreement • Approval of assessment levy Summer 2024 • Issuance of PID Bonds for developer reimbursement ■ .m »o-. —,low se G0 O� �a NogPOAAs4o AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, III, AIA, CBO, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Additional Services Request Infrastructure Master Planning and Impact Fee Study CAPTION: Motion authorizing amendment No. 3 to the professional services contract with Pape- Dawson Engineers, Inc of San Antonio, Texas, to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), Planning Commission, and City Council, in the amount of $190,100.00 for a total amount not to exceed $3,943,700.00 and extending contract end date to December 31 , 2024, with FY 2024 funding available in the Development Services and Corpus Christi Water. SUMMARY: Additional services request (ASR) No. 3 authorizes additional meetings with the Capital Improvement Advisory Committee (CIAC). These additional meetings have been requested by the CIAC board members in order to provide additional time to review and understand the complex material prior to approval. BACKGROUND AND FINDINGS: On March 4, 2021 , the City of Corpus Christi executed an agreement with Pape- Dawson Engineers, Inc. to prepare master plans for water, wastewater, stormwater, and roads. The purpose was to develop the four (4) comprehensive master plans and capital improvement projects to conduct an impact fee study for the respective infrastructure and its funding. Comprehensive master plans give the city direction on where growth will occur and the capital improvement program that will support that growth. Corpus Christi has reached the size where most other Texas cities have adopted water, wastewater, road, and stormwater impact fees to fund growth-related infrastructure expansions. This project is now entering an important phase of vetting and finalizing of the master plans. CIAC members requested the master plans be developed with the committee individually to maintain an accurate understanding of the process and its results. Development Services and Pape-Dawson complied with this request which, in turn, means several additional meetings. PROJECT TIMELINE WITH CHANGE ORDER: Additional services request No. 3 will add additional time to the original project timeline and extend the contract to December 31 , 2024. ALTERNATIVES: The City could choose to not contract for this work and the CIAC members would not be as informed about master planning and impact fees. FISCAL IMPACT: The fiscal impact for FY 2024 is $190,100.00 with funding available in the Development Services Fund and Corpus Christi Water. Increase in Total Contract Value: $190,100.00 Amended Contract Value: $3,943,700.00 FUNDING DETAIL: Org: 45 Fund: 4010 Account: 530000 Activity: Amount: $47,525.00 Org: 46 Fund: 4200 Account: 530000 Activity: Amount: $47,525.00 Org: 56 Fund: 4670 Account: 530000 Activity: Amount: $95,050.00 RECOMMENDATION: Staff recommends approval of this additional services request to award Pape-Dawson Engineers, Inc. for additional meetings with the CIAC. LIST OF SUPPORTING DOCUMENTS: Additional Services Request No. 3 Resolution approving ASR 3 COF —ASR 3 City Council Presentation F PAPE-DAWSON r ENGINEERS October 15, 2023 Mr. Al Raymond, AIA, CBO Director Development Services City of Corpus Christi PO Box 9277 Corpus Christi,TX 78469-9277 Re: City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 Additional Services Request No. 3 Dear Mr. Raymond: On March 4, 2021, the City of Corpus Christi executed an agreement with Pape-Dawson Engineers, Inc.to prepare master plans for water, wastewater, stormwater, and thoroughfare infrastructure with the purpose of developing capital improvement projects (CIP) and conducting an Impact Fee Study for the respective infrastructure. The City amended the Master Planning and Impact Fee Study in September 2021 to provide for the necessary funding to complete the stormwater master planning documents due to outdated modeling information. On February 28, 2023, the City approved a second amendment to provide for additional meetings associated with the Capital Improvement Advisory Committee (CIAC) meetings as well as the efforts needed to edit the Drainage Criteria Manual. As the City has progressed through the master planning and capital improvement planning portion of this project, several meetings have occurred and are slated to occur to further assist the CIAC in their understanding of the process. These meetings will facilitate the recommendations to be made to City Council regarding the land use assumptions, capital improvement plans for water, wastewater, stormwater and roadway and potentially, impact fee recommendations for these same service types. All of these meetings included or will include the CIAC as attendees. This amounts to 9 additional CIAC meetings not contemplated in the original scope or the two budget adjustments. There are also 6 additional public hearings and/or workshops with the Planning Commission and the City Council not originally contemplated in the current Agreement for Services. The schedule has been extended. The original schedule contemplated a 24 month project. The second budget adjustment assumed that the recommendations would go to Council by the end of 2023. This requires additional project management. It will also require a contract extension to at least April 30, 2024 (the proposed City Council meeting contemplating the impact fees.)We would recommend an extension to at least May 31, 2024 in case there is an unforeseen delay. Transportation I Water Resources I Land Development I Surveying I Environmental telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM Dallas I San Antonio I Austin I Houston I Fort Worth Texas Engineering Firm#470 Texas Surveying Firm#10194390 Mr.Al Raymond,AIA,CBO City of Corpus Christi—Master Planning and Impact Fee Study—RFQ 3083 October 15,2023 Page 2 of 2 To minimize the impact on the budget, many of the additional staff meetings beyond those contemplated in the original scope and two budget adjustments have been held virtually. We anticipate additional meetings to respond to staff's questions on the impact fee process and implementation. The breakdown is as follows: • Additional CIAC meetings, preparation and on-site workshops held or to be held $97,000 • Additional public hearings/workshops with Planning Commission/City Council $45,300 • Additional staff meetings $6,500 • Additional project management (5 months) $30,800 • Additional travel expenses associated with activities above $10,500 $190,100 This request assumes the following: • The discussions and procedures regarding the amendments to the Master Plan are not part of the CIAC's purview and will be handled separately and outside our contract. • Conversations where CIAC members ask about specific roads and potential changes within the Master Plan are also outside our purview and should be referred back to the Owning Department. • Coordination of documentation between the City's IDM and roadway can be provided as an additional service to those listed above. Pape-Dawson is requesting the attached additional services request of $190,100 to accomplish these additional tasks in development of the comprehensive CIP Plans and Impact Fee Studies. We believe this request is reasonable and comparable to other similar past efforts performed by various other municipal organizations in the coastal area of Texas of similar size. If you have questions or need additional information, please do not hesitate to contact me at your earliest convenience. Sincerely, Pape-Dawson Engineers, Inc. Kim S. Keefer, P.E. Managing Vice President Water/Wastewater Infrastructure \\pape-dawson.com\sat-pd\123\83\00\Contract\Amend ment Service Agreement_3\Draft Request.v3.docx rdPAPE-DAWSON ENGINEERS Cost increase and Time Extension with Pape-Dawson Engineers, Inc Motion authorizing amendment No. 3 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), Planning Commission, and City Council, in the amount of $190,100.00 for a total amount not to exceed $3,943,700.00 and extending contract end date to December 31 , 2024, with FY 2024 funding available in the Development Services and Corpus Christi Water. City Council December 12, 2023 Contract Breakdown Pape-Dawson Contract Track and Cost Breakdown Item Council Approval Date Ordinance/Motion Cost Number Original Contract 02.09.2021 32350 $ 2,289,700 Amended Service Request 1 10.19.2021 M2021-194 $ 1,192,000 Amended Service Request 2 02.28.2023 M2023-032 $ 271,900 Amended Service Request 3 12.12.2023 $ 190,100 Total Contract Value: $ 3,943,700 Time Extension Request to extend the contract to the end of next year, December 31 , 2024. Recommendation Approval Staff recommends approval of the engineering firm's request. �yUS C�,` o� a v xcoxaaansEa xs52 AGENDA MEMORANDUM Public Hearing/One Reading for the City Council Meeting of December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a)cctexas.com (361) 826-7011 London Area Annexations & Rezonings: County Road 22, London Ranch Estates, Charlotte Estates CAPTION: One-reading ordinance annexing a 19.41-acre section of County Road (CR) 22 located between CR 51 and CR 43; annexing 84.368 acres of land per owner petition near the southwest corner of CR 22 and CR 49 and rezoning 82.89 of the 84.368 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; and annexing 80.00 acres of land per owner petition at the southwest corner of CR 22 and CR 49 and rezoning the 80.00 acres from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District; providing for a penalty not to exceed $2,000 and publication; and approving related service plans. SUMMARY: This ordinance will annex a four-mile or 19.41-acre section of County Road (CR) 22 with permission from Nueces County and annex and rezone two abutting private properties that are proposed for single-family half-acre lot development and known as London Ranch Estates (84.368 acres) and Charlotte Estates (80 acres), all located in the London area. This ordinance includes the annexation of CR 22, which gives the private properties contiguity with the city limit line, which allows them to petition for annexation. Staff recommends approval of the annexations and rezonings. BACKGROUND AND FINDINGS: Description of the Request Two landowners in the London area — Superior H&H Development LLC and LM & JM Investments LLC — submitted plans for new single-family developments located at the southwest corner of CR 22 and CR 49 with entrances off CR 22. These new developments, which are called Charlotte Estates and London Ranch Estates, are located outside city limits but not contiguous with the current city limit line. The landowners requested City annexation to secure City services for their developments, however, to be eligible to request annexation State law requires the private property to be contiguous to the City limit line. To help create "contiguity," Nueces County Commissioner's Court requested the City annexation of a four-mile section of CR 22 from CR 51 to CR 43, which will extend the City limit line to the landowners' properties. Annexing CR 22 will enable the City to act on the landowners' pending petitions for annexation. Additionally, upon annexation, the default zoning district for newly annexed areas is "FR" Farm-Rural District requiring minimum lot sizes of five acres. LM & JM Investments (London Ranch Estates) requested the rezoning of their property to the "RS-22" Single- Family 22 District, and Superior H&H Development (Charlotte Estates) requested the rezoning of their property to the "RS-15" Single-Family 15 District. Description of the Proposed Developments London Ranch Estates is an 84.368-acre tract of land near the southwest corner of CR 22 and CR 49 owned and to be developed by LM & JM Investments, LLC (the "developer"). London Ranch Estates is located immediately west of the Charlotte Estates site. The developer plans to create 108 half-acre single-family residential lots fronting private streets. The developer will oversize the public water line in accordance with the City's Water Master Plan to bring City water to both the London Ranch and Charlotte Estates subdivisions. Each new house will be connected to City water but not to City wastewater. Rather, each lot will have a private septic system. As stated in their application, the developer estimates the full build-out of London Ranch Estates (108 single-family dwellings) within five to 10 years and each dwelling unit would have an average sales price of$650,000. Charlotte Estates is an 80.00-acre tract of land closest to the southwest corner of CR 22 and CR 49 called Charlotte Estates and is owned and to be developed by Superior H&H Development, LLC (the "developer"). The developer plans to develop 110 half-acre single-family residential lots fronting public streets. Each new house will be connected to City water but not City wastewater. Rather, each lot will have a private septic system. As stated in their application, the developer estimates the full build-out of Charlotte Estates (110 single-family dwellings) within five to 10 years and each dwelling unit would have an average sales price of$600,000. City Services to Subject Property A Municipal Service Plan outlines how the City will provide services to a newly annexed area. The Service Plan for CR 22 is limited to City street maintenance services. Nueces County recently improved three (3) miles of CR 22 from CR 51 to State Highway (SH) 286 with asphalt pavement. The remaining one-mile portion of CR 22 from SH 286 to CR 43 is improved with chip seal gravel. Both petitioning landowners have agreed to a Municipal Service Plan and the City Manager is authorized by the City Charter to execute the agreement. The subject properties are located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will receive City water utility services. The developers intend to install a private septic system on each lot and will not receive City wastewater utility services. The proposed developments do 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 the developers such as selecting different road ROWs that would extend from current city limits and reach the property or requiring the developers to work with neighboring private property owners to create a connecting path to the nearest City limit line. However, the Nueces County Commissioners Court requested that the city annex just this portion of CR 22 to provide the connection. Additionally, in evaluating the limits of the CR 22 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: Staff calculated the 10-year fiscal impact on the City's General Fund based on the developers' stated build-out timeframes and anticipated sales prices. Future changes in the housing market or municipal service costs are not projected and could impact these findings. A fiscal analysis of the proposed London Ranch Estates subdivision demonstrated that at buildout in 10 years, the residential subdivision would result in an annual net positive impact on the General Fund of $18,100, which indicates that the annual property tax revenues are expected to cover the additional annual operating costs associated with providing City services. A fiscal analysis of the proposed Charlotte Estates subdivision demonstrated that at buildout in 10 years, the residential subdivision would result in an annual net negative impact on the General Fund of -$3,211 , which indicates that the additional annual operating costs associated with providing City services will exceed the annual property tax revenues. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezonings. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Service Plans, Property Descriptions) Map Overview Petition for Annexation (Nueces County) Petition for Annexation (LM & JM Investments/London Ranch Estates) Petition for Annexation (Superior H&H Development/Charlotte Estates) Zoning Report (LM & JM Investments/London Ranch Estates) Zoning Report (Superior H&H Development/Charlotte Estates) Presentation One-reading ordinance annexing a 19.41-acre section of County Road (CR) 22 located between CR 51 and CR 43; annexing 84.368 acres of land per owner petition near the southwest corner of CR 22 and CR 49 and rezoning 82.89 of the 84.368 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; annexing 80.00 acres of land per owner petition at the southwest corner of CR 22 and CR 49 and rezoning the 80.00 acres from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District; providing for a penalty not to exceed $2,000 and publication; 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 of 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 Road (CR) 22 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 public hearings on November 14, 2023; WHEREAS, on November 14, 2023, after proper notice, two public hearings were held by the City Council during City Council meetings held in the second floor Board Room (Room 210) of the Corpus Christi Regional Transportation Authority in Corpus Christi, Texas, following the publication of notice of the hearings in a newspaper of general circulation in 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, March 27, 2023, LM & JM Investments LLC, landowner, signed a petition requesting annexation of 84.368 acres for the proposed London Ranch Estates subdivision; WHEREAS, June 27, 2023, Superior H & H Development LLC, landowner, signed a petition requesting annexation by area landowners of 80.00 acres for the proposed Charlotte Estates 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 Page 1 of 5 Transportation for annexation of a section of State Highway 286 that intersects with CR 22 pursuant to Texas Local Government Code §43.1056; WHEREAS, the City Council finds that CR 22 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 (London Ranch Estates and Charlotte Estates Heights subdivisions); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 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 Exhibits C, F and I Municipal Service Plan Agreements with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on December 12, 2023, a public hearing was held by the City Council, during City Council meetings held in the second floor Board Room (Room 210) of the Corpus Christi Regional Transportation Authority in Corpus Christi, Texas, following the publication of notice of the hearings in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plans 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, THAT: 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 a section of County Road (CR) 22, being Page 2 of 5 approximately 19.41 acres as described by metes and bounds in Exhibit A and illustrated in Exhibit B, generally located south of FM 43 between CR 51 and CR 43 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 a section of County Road 22, attached to this ordinance as Exhibit C, is approved. Exhibit C 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 4. That an 84.368-acre tract of land, more or less, described by metes and bounds in Exhibit D and illustrated in Exhibit E, generally located near the southwest corner of CR 22 and CR 49, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Exhibits D & E are incorporated into and made a part of this ordinance. 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 That an 80.00-acre tract of land, more or less, described by metes and bounds in Exhibit G and illustrated in Exhibit H, generally located near the southwest corner of CR 22 and CR 49, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi Exhibits G & H are incorporated into and made a part of this ordinance. SECTION 7. The Municipal Service Plan attached to this ordinance as Exhibit I is approved. Exhibit I 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 8. 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, Page 3 of 5 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 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. 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 to add the territory annexed as required by law. SECTION 11. 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 12. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 13. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on the subject property being 82.89 acres out of Section 11 , Laureles Farm Tracts, as described in Exhibit "J" and shown in Exhibit "K", from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District. SECTION 14. The UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, is amended by changing the zoning on the subject property being 80.00 acres out of Section 11 , Laureles Farm Tracts, as described in Exhibit "G" and shown in Exhibit "H", from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District. SECTION 15. 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 16. 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 17. 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 superseded. Page 4 of 5 SECTION 18. 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 19. 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 20. This ordinance is effective immediately upon passage. SECTION 21. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and 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. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 5 of 5 Version 07.27.2023 Exhibit A Metes & Bounds Description for County Road (CR) 22 from CR 51 to CR 43 An approximately 19.41-acre tract of land, more or less, out of Laureles Farm Tracts, recorded in Volume 3 Page 15 of the Map Records, Nueces County, Texas, as depicted in the accompanying map and more particularly described as follows: BEGINNING at a point at the intersection of the east right-of-way line of County Road (CR) 51 and the north right-of-way line of CR 22, for the northwest corner of the tract, THENCE east along the north right-of-way line of CR 22 to the intersection of the west right-of- way line of CR 43; THENCE south along the west right-of-way line of CR 43 to the intersection of the south right-of- way line of CR 22; THENCE west along the south right-of-way line of CR 22 to the east right-of-way line of CR 51; THENCE north along the east right-of-way line of CR 51 to the north right-of-way line of CR 22, the POINT OF BEGINNING. Exhibit B _.. J � D (D M! cD to o Qj 4 ., ------------- co " 76*3 . o. v 3 m L D rn _ x 71 b ro N LLL cn a --I � W I n 9 m O 0 3 rn p 3 0 X � O En `G I c�a d D Exhibit C MUNICIPAL SERVICE PLAN FOR COUNTY ROAD 22 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 a portion of County Road 22 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 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 1 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 Rights 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, the City's design standards, and the 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 the 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: 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 2 City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic systems or individual wastewater treatment plants 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 are 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. (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. 3 (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 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 unlawful. 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. 4 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 EXHIBIT A Metes & Bounds Description for County Road (CR) 22 from CR 51 to CR 43 An approximately 19.41-acre tract of land, more or less, out of Lau reles Farm Tracts, recorded in Volume 3 Page 15 of the Map Records, Nueces County, Texas, as depicted in the accompanying map and more particularly described as follows: BEGINNING at a point at the intersection of the east right-of-way line of County Road (CR) 51 and the north right-of-way line of CR 22, for the northwest corner of the tract, THENCE east along the north right-of-way line of CR 22 to the intersection of the west right-of-way line of CR 43; THENCE south along the west right-of-way line of CR 43 to the intersection of the south right-of-way line of CR 22; THENCE west along the south right-of-way line of CR 22 to the east right-of-way line of CR 51; THENCE north along the east right-of-way line of CR 51 to the north right-of-way line of CR 22, the POINT OF BEGINNING. 6 V � _ f LL FM 43; WEBER RD `I CR 20 rS " FM 4 Total Acreage: 19.41 ac. �" * Total Square Fnvtage: 845,471 sq.ft, Proposed Annexation Exhibit A i Accompanying Map City Limits City of Corpus Chnsb 0 0.25 0.5 1 Miles .; l i . . l . . . l — /riG]STeamlDocumeM�DevE�opnen[SeM[e5IM3p5fPWMdng,_C�tefdl 7 Exhibit B r , t,.w L. •-...� Aug /ted` , _ V T l 11 A' I� L Legend CR 22 MdIJr Slrra'lS I�IlY1f•Y.9T i[ar I-1f['i. _ MEL ot dd kt I } r O EXHIBIT D DESCRIPTION OF AN 84.368-ACRE TRACT PROPOSED ANNEXATION STATE OF TEXAS§ COUNTY OF NUECES§ Being an 84.368-acre tract of land,and being part of Section 11,of the Laureles Farm Tract,a subdivision recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas,also being in the Rincon De Corpus Christi Grant, Abstract No.411, Nueces County, Texas and being more particularly described by metes and bounds as follows; COMMENCING at a cotton spindle found in the centerline of the right-of-way of County Road 22, said cotton spindle being in the south line of a called 306.704-acre tract of land conveyed to Corpus Christi Island Apartment Villas Management Group, LLC, by deed recorded as Document No.2022034325 of the Official Records of Nueces County,Texas, THENCE South 0°50'10"East,for a distance of 20.00 feet,more or less,to a point in the south right-of-way line of the 40.00 foot wide County Road No.22 right-of-way for the POINT OF BEGINNING of the herein described tract, THENCE with the east line of the herein described tract,same being the west boundary line of that called 80.00-acre tract of land conveyed to Superior H&H Development, LLC as recorded in Document Number 2021-010174 in the Official Public Records of Nueces County,Texas South 0°50'10"East,for a distance of 2600.87 feet,more or less,to a point in the north right-of-way line of a 40.00 foot wide public right-of-way called County Road No.22A; THENCE with the north right-of-way line of County Road No.22A and the south line of the herein described tract South 89°14'41"West,for a distance of 1,414.36 feet,more or less,to a found 5/8 inch iron rod with a cap marked "BRISTER"in the east boundary line of a called 40.00-acre tract of land conveyed to Melissa Flores,as recorded in Document No.2005039814 in the Official Public Records of Nueces County,Texas, said point also being the southwest corner of the herein described tract; THENCE with the east boundary line of said 40.00-acre tract and the west boundary line of the herein described tract, North 0°50'09"West for a distance of 2,596.46 feet, more or less,to a point in the south right-of-way line of aforementioned County Road No. 22, said point being the northwest corner of the herein described tract; THENCE with the south right-of-way line of said County Road No.22,same being the north boundary line of the herein described tract North 89°10'38" East, for a distance of 1,414.34 feet to the POINT OF BEGINNING,containing in total 84.368-acre of land,more or less. This survey description is based on a survey made under my supervision in February 2023. It is true and correct to the best of my knowledge and belief. Bearings and coordinates are based on the Texas State Plane Coordinate System,South Zone, NAD 83. John D.Mercer,RPLS john.mercer@lynngroup.com Texas No.1924 Surveyor Firm No.10116600 Date:November 30,2023 Job No.37003 EXHIBIT E V)m�DCm� O cjncDnjoocDnm r�moZ��mom 00 Z foo oc -0- p O ° ozr-N-<z6 C.R.51 c-.mo'CADD O O d =mmccco{ M� Z 0 N RIM-cN O 00 Ox �zS�� TI I Zu 0 m�noocn'� p 000 z oDcm�Z0�AKO D n O� D C r-* . m yr �m� c00.�vm�mZ2 z fTl = Z Cc) �c o p c= n-1m . o mZamZ mm cn mD oz C)Nm "m D rn �z D A o mom D O n QNz � ,,, co D � oz �ovm zc"�ooZ O I m IOON ->-Iow cn m Z 860-0 C-Ti m o� mcoy CC U Om (A ,r m �r � o `" MELISSA FLORES z v DOCUMENT N0. 2005039814 II o o o O.P.R.N.C. 10.15-ACRES L. . o o �,, _ my Z co NO�� � m MELISSA FLORES Z ti0�o�o 0 = DOCUMENT NO. 2005039814 ^, v z -u o O.P.R.N.C. o m n o m o v N 40.00-ACRES o cm oi� No vw N Z Nr z R N 0.50'09" W 2596.46' nZ� Ln -Z� m Z ��z yr IIIA Cn co m ...N \ 0 r Z•I I I n OD n C f�° Z 00 .. m�D N Z z c- O U) Z N O O z (- L4 Lo z OWO .. X Ln N fx\ SON <O� m• <0 Z n A co :O O No Z Z N M .. OO N C A o C V) D N �- r,K n w m 46 -r 4' o Zz10: rncOr OrnO-4DN On aLozm� v 46min o D Z N mz c c- vo• S 0.50'10" E 2600.87' m X"N a o mc: ... C m Z N oOD 0LW m`Zzcc m�c O �N SCD `°�z` o zmm OZ v+�� Z 0 N DSO 0L 0� � 0- mo O L" Z 0 v N 0 O u O 0 Z O O Q mn I D II N y m� N :O- z 111 cn �Z ... 1 nZNZm CO N... o 0I T� D m N c) m ppm rR' Z N� EEi 00 Z or= z v N O n c O m z IIIv 0 JOHN D. MERCER & ASSOCIATES I18 EAST MAIN STREET I CONSULTING ENGINEERS EDNA, TX 77957 I TEXAS REGISTERED ENGINEERING FIRM F-324 361-782-7121 37003 EXHIBIT F MUNICIPAL SERVICE PLAN AGREEMENT FOR A 84.368 ACRE TRACT OF LAND, AND BEING PART OF SECTIONS 2, 3, 4, 10 AND 11, OF THE LAURELES FARM TRACT, A SUBDIVISION RECORDED IN VOLUME 3, PAGE 15 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and LM&JM Investments, LLC ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 84.368 acres of land situated in Nueces County, Texas, as specifically described attached as Exhibit "A" ("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 considerations 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. 1 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 City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. 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. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). 2 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 lighting facility has been dedicated to the public, in which case the City will be the operator. (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. 3 (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 be 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. 1b. 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. (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. 4 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. 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. 5 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 Agreement 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 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. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. 6 CITY OF CORPUS CHRISTI LANDOWNER By: Pe r Zano kulencak, Man ging Member/Owner City Manager LM&JM Investments, LLC Date: Date: lIla � APPROVED AS TO FORM: By: Y Buck Brice Deputy City Attorney for the City Attorney 7 EXHIBIT A METES AND BOUNDS DESCRIPTION OF A 84.368-ACRE TRACT PROPOSED ANNEXATION STATE OF TEXAS 5 COUNTY OF NU_CES It Being an 84 368-are tract of land:and being part of Secbon 11,01 the Ill Farm Tract a subd v s or recorded in Vo'ume 3,Page 1S of the Map Recofds of Nueces County.Texas.also being,n the R icon De Corpus Christi Grant,Abstract No.411, Nueces County, Texas and being more particularly described by metes and barnds as follows, COMMENCING at a cotton spindle found in the centerline of the right-of-way of County Road 22.said cotton sprxfle being in the south line of a ca'led 306704•acre tract of land conveyed to Corpus Christi Island Apartment Villas Management Group,tLC. by deed recorded as Document No 2022034325 of the Off c-al Records of Nuetes County,Texas. THENCE South 0'5010'fast for a distance of 2000 feet, more or less to.)point in V a south rrght•of-way line of the 4000 foot wide County Road No 22 right-of way for fhe POINT OF BEGINNING of the herein described tract. THENCE with the east line of the herein dil tract same berg the west boundary I ne of that called 8000.acre tract of land conveyed to Superior H&H Development. LEC as recorded in Document Number 2021.010174 in the Official Public Reco+ds of Nueces County,Texas South 0'SO"10"East.for a distance of 260087 feet more or less,to a po rt in the north r ght•ol,way I re 01 a 40.00 foot wide public right-of-way ca'led County Road No 22A: THENCE with the north right-of•way I ne of County Road No 22A and the south'ne of the herein described tract South 89'14'41'West,for a distance of 1.414 36 feet more or less,to a found 518:rch iron rod wdh a cap marked 'BRISTER'in the east boundary I re of a cal'ed 4000-acre tract of land will to Melissa Flores,as recorded In Document No 20050.39814 in the Official pub'c Reco-ds of huetes County.Texasr said point also being the WUINvest corner of the herein described tract THENCE w th the east boundary line of said 4000•acre tract and the west boundary lire of the hel described tract,North 0'50'09'West for a distance of 23%,46 feet,more or'll to a point n the south r,ght-of-way line of aforementioned Ca,„ty Road No 22. sad port berg the northwest corner of the herein described tract, THENCE with the south right,of•way line of said County Road No 22,same be.ny the north boundary line of the herein described tract North 89'10'38' East, for a d stance of 1,41410 leer to the POINT Ot BEGINNING.conta ping in total 84,368-acre of land,more o•'ess This suN*y descrpt on is based on a suNey made under my supervis,on n February 2023 It.s true and correct to the best of my knowledge and bel el Bear ngs and coordinates are based on the Texas State plane Coordinate System,South Ione.NAD 83 OF _ MEFtCeR YnD ercer,RPLS �'. 192i”" ;ohn mercer@lynrgfoup,corn ( � Texas No 1924 su Surveyor Firm No.10116600 Date November 29,2023 Job No 37003 Exhibit B Map O(A 0 C.R.51 )A Z 0 0 CO --n 11 70 10" > > n z 0-9 > n: ;U n Z zz m Fn M cX(n b P A qt- z { �m P EUSSA FLORES DOCUMENT W 2005039814 L C: II O.P.R.N.C. 10.15-ACRES Ic F- MELISSA FLORESz C*r-UMENT NO. 2005039814 pp� PI) 40.00-ACRES ills §0 z F2 N 0'50'09' W 2596A6' I JA io c 1*g C, 8 OD OX 11 C� LA pn IQ 00, Ll ON o �11 14 Ogg 01 0 S 0'50'10- E 2600.87' MCI 0 Po C�C) z 0 -n 0 C). 1� R, z z : JOHN D. MERCI:,R & A5So (')A'1'1-".S I IS EAS I MAINS I R 1 11 ('0NIS1'IA IN(; I-'NG[NITRS LDNA, I X 7707 1.X AS 11 FG I S U.R L D L NU I N F I".R I N G 1'1811 F-31.,1 361-782.71:'1 37003 9 EXHIBIT G MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 N[XON M. WELSH, P.E,R.P.L.S. 361 882-5521-- >~Ax361 882-1265 www.bass-weish.com e-mail: murrayjr@aol.com e-mail: nixmwl@gmail.eom BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 December 3,2020 20039-M&B.doe STATE OF TEXAS § COUNTY OF NUECES § Description of an 80.000 acre tract of land, more or less, a portion of the northeast quarter, Section 11, 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 169.367 acre tract of land described by deed recorded at Document No. 2020044490, Official Records of said county, said 80.000 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set at the point of intersection of the west right-of-way line of County Road 49 (a 40'wide right-of-way) and the south right-of-way line of County Road 22 (a 40'wide right-of-way) for the northeast corner of the tract herein described; THENCE along said west right-of-way line of County Road 49, being along a line 20'west of and parallel to the centerline of County Road 49, the common line between said Section 11 and Section 10, said Laureles Farm Tracts, S00°49'41"E 1019.94'to a 5/8"iron rod found at the point of intersection of said west right-of- way line of County Road 49 and the north boundary line of a 2.165 acre tract of land described by deed recorded at Document No. 2019010191, said official records and Document No. 2020025660, said official records,for central east corner of the tract herein described; THENCE along said north boundary line of 2.165 acre tract S89°13'28"W 579.91' to a 5/8" iron rod with cap labeled "Frontier Surveying" found for the northwest corner of said 2.165 acre tract and central interior corner of the tract herein described THENCE along the west boundary line of said 2.165 acre tract, along a portion of the west boundary line of a 4.33 acre tract of land described by deed recorded at Document No. 2016049868, said official records and along the west boundary line of a 3.93 acre tract of land described by deed recorded at Document No. 2016049869, said official records, S00°46'57E 599.99' to a 5/8" iron rod found for the southwest corner of said 3.93 acre tract and interior central corner of the tract herein described; THENCE along the south boundary line of said 3.93 acre tract N89°13'27"E 580.39' to a 5/8" iron rod with cap labeled. "Frontier Surveying" found in said west right-of-way line of County Road 49 for central easterly corner of the tract herein described; "THENCE S00049'41"E 980.50' along said west right-of-way fine of County Road 49, being along a line 20' west of and parallel to the common boundary line between said Sections 10 and 11 to a 5/8"iron rod with cap labeled"Brister Surveying"found for the southeast corner of the tract herein described; THENCE S8901 1'07"W 1473.82' along the north right-of-way line of a county road right-of-way 40'in width, possibly County Road 20A,being along a line 20'north of and parallel to the common line between the north half of said Section 11 and the south half of said Section 11, to a 5/8"iron rod set for the southwest corner of the tract herein described; Page 1 of 2 Metes and Bounds Description,80.000 Acre Tract,December 3,2020,Continued; THENCE thru said northeast quarter of Section 11 N00°49'41"W 2600.87' to a point in said south right-of- way line of County Road 22 for the northwest corner of the tract herein described;. THENCE along said south right-of-way line of County Road 22,being along a line 20'south of and parallel to the centerline of County Road 22, being along a line 20' south of and parallel to the common boundary line between said Section 11 and Section 2 of said Laureles Farm Tracts,N89°12'10"E 1473.82'to the POINT OF BEGINNING. }- OF a. g;! I�'044,0109 •S ' NION ,„ on M.Welsh,R.P.L.S. 2211 `0 Page 2 of 2 EXHIBIT H � A A w J Z � J W _.! 2Ld Ld U 0 j Q M , J L9 IT A a i V FM 43 (WEBER RD) A NW J X 0 J d Q' U CHARLOTTE ESTATES 80, 000 AC X CR 22 N81473 '1 E J m 11 S ' ' 8'W� S00'499441'E 0 57 91 1019, ' o � � N a S00'46' 57'E ce L) 599. 99' o� 9' i 3,2 S00'49' 41'E 00 �D, 9' 980, 50' z CR 20A 1473. 82' S69' 1 1' 07'W m a EXHIBIT " B" U 0 750' 1500' 3000' SKETCH TO ACCOMPANY METES SCALE: 1"= 1500' AND BOUNDS DESCRIPTI❑N 1'=1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ANNEX, JOB NO. 20039, S. STAPLES ST, CFM 2444) SCALE: 1" = 1500' PLOT SCALE: SAME, PLOT DATE: 6/14/23, SHEET 1 OF 1 EXHIBIT I MUNICIPAL SERVICE PLAN AGREEMENT FOR AN 80.000 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF THE NORTHEAST QUARTER, SECTION 11, LAURELES FARM TRACTS, A MAP RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City'""), and Superior H & H, LLC ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 80.00 acres of land situated in Nueces County, Texas, as specifically described in the Metes and Bounds property description attached as Exhibit "A" ("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 considerations 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 City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions 2 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. (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 lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: 3 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 be 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. 4 (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. Section 7. Force Majeure 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 5 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 Agreement 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 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. 6 Section 14._Binging_EffectlAuthority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party 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' Peter;a�noni,���� d Mostaghasi City Manager Member City of Corpus Christi Superior H & H Development, LLC Date: 2.3 Date: APPROVED AS TO FORM: By: Buck Brice Deputy City Attorney for the City Attorney 7 MURIZAV BA55,i9.,P.ti.,li.f.L.S. 3054 5,ALANIFOA,Gip 78404 NIXON M.WIMS11,P.I:.,H.h.l-S. 361 882-5521—PAX 361 982.1265 www.basa-wcls6.eom a•mall:murrayjr@aol.com email:nixmwiCygm it-mm BASS & WELSII ENGINEERING Engineering Firm Reg. No.N-52 Surveying Firm Reg, No. 1.00027.00 P.O. Box 6397 Corpus Christi,TX 79466.6397 December 3,2024 20039-MBiB-doc S'I'A`1'E Oi-'1'j-XAS § COUNTY OF NUECES § I)cscription of an 80.000 acre tract of land,more.or less, a portion of the northeast quarter,Section 11, Laureles Farm Tracts,a neap of which is recorded in Volume 3,Page 15,Map Records,Nueces County, Texas,and also being a portion of a 169.367 acro tract of land described by decd recorded at Document No. 2020044490,Official Records of said county,said 80.000 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 518"iron rod set at the point of intersection of the west right-of-way title of Comity Road 49(a 40'wide right-of-way)aad lite south right-of•way line of Courtly Road 22(a 40'wide right-of-way)for the northeast corner of lite tract herein described; IIIENCE along said west right-of-way title of County Road 49,being along a line 20'west of and parallel to the centerline of County Road 49,the comnhon line between said Section 11 and Section 10,said Laureles Farm Trncts,S00°4941"E 1019.94'to a 518"iron rod found at the point of intersection of said west right-of- way line of County Road 49 and the north boundary line of a 2.165 acre tract of land described by decd recorded at Document No.2019010191,said official records and Document Na,2020025660,said official records,fnr central east corner of the tract herein described; THENCE along said north boundary line of 2.165 acre tract S89°13'28"W 579.91'to a 518"iron rod with cap labeled"Frontier Surveying"found for the northwest corner of said 2.165 acre tract and central interior corner of the tract herein described THENCE along the west boundary line of said 2.165 acre tract,along a portion of the west boundary line of a 4.33 acre traet of land described by deed recorded at Document No,2016049869,said official records and along the west boundary line of a 3.93 acre tract of land described by deed recorded at Docmnent No. 2016049869,said official records,S00°46'57'71 599.99'to a 5/8"iron rod found for the southwest corner of said 3.93 acre tract and interior central corner of the tract herein described; TI II:NCE along the south boundary line of said 3.93 acre tract N89°13'27"L'+580.39'to a 518"iron rod with cap labeled"Froiticr Surveying"found in said west right-of-way line of County Road 49 for central easterly corner of the tract herein described; '1,1IENCE SOW49'41"E 980.50'along said west right-of-way line of County Road 49,being along a line 20' west of and parallel to the conimon boundary line belween said Sections 10 and 11 to a 5/8"iron rod with cap labeled"Brister Surveying"fouod for the scruthenst earner of lite tract herein dcscrihcd; '1'IIVNC11589°11'07"W 1473.82'along lite north right-of-way line of a county road right-of-way 40'in width, possibly County Road 20A,being along a line 20'north of and parallel to tike common line belwcen the north half of said Section 11 and the suutlh half of said Section 11,to a 5/8"iron rad set for ilia southwest corner of tile tract herein described; EXHIBIT"A" Page 1 of 2 g Metes and Bounds Description,80.000 Acrc Tract,December 3,2020,Continued; THENCE lhru said northeast quarter of Section 11 N00°49'41"W 2600.87'to a point in said south Tight-Of- way line of County Road 22 for the northwest corner of the tract herein described; THENCE along said south right-of-way line of County Road 22,being along aline 20'south of and parallel to (lie centerline of County Road 22,being along a line 20'south of and parallel to the common boundary line between said Seetiin, t I and Section 2 of said Laurcles Farm Tracts,N89012101?1473.82'to the POINT OF BEGINNING, OF 4 1 +1.717 iiixOil M;MIE,� .on M.Wclssr,1Z.P.1,.5. 2211 ��•' suati {� EXHIBIT"A" Page 2 of 2 9 a Z w X Y W 2 Li 0 W r� FM 43 (WEH£R RD) ce A N ' J O .J V u U CHARLOTTE ESTATES 80. 000 AC x N89'12' 10'E 9 u CR 22 m S B'V S{l0'49'41-E o /�57 .91 1019.94' 10jN � S00'4b'57'E w 599,99' 01 9'13,2 'r S00.49'4VE o z/ d0.39 980,50' F- CR 20A S899*111 1 11 07"k 0 750' 1500' 3000' EXHIBIT ' B" SKETCH TO ACCOMPANY METES SCALE= 1'= 1500' AND BOUNDS DESCRIPTI❑N_ 11-1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ANNEX, JOB NO. 20039, S. STAPLES ST, CFM 2444) SCALE: 1" = 1500' F- PLOT , S SAME, PLOT OATS: 6/14/2323, SHEET 1 OF 1 10 EXHIBIT J LEGAL DESCRIPTION 82.89-ACRE TRACT PROPOSED REZONING STATE OF TEXAS§ COUNTY OF NUECES§ Being an 82.89-acre tract of land, and being part of Section 11, of the Laureles Farm Tract,a subdivision recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas,also being all in the Rincon De Corpus Christi Grant,Abstract No.411, Nueces County,Texas and being more particularly described by metes and bounds as follows; COMMENCING from a cotton spindle found in the centerline of the right-of-way of County Road 22,said cotton spindle being in the south line of a called 306.704-acre tract of land conveyed to Corpus Christi Island Apartment Villas Management Group, LLC, by deed recorded as Document No.2022034325 of the Official Records of Nueces County,Texas, THENCE South 0°50'10" East, at a distance of 19.04 feet pass a found 5/8-inch iron rod with cap marked "BASS&WELCH" marking the northwest corner of a called 80.00-acre tract of land conveyed to Superior H&H Development,LLC.as recorded in Document No.2021010174 in the Official Public Records of Nueces County,Texas,and continuing for a total distance of 50.00 feet to a point having State Plane Coordinates: North 17,134,901.707,East 1,310,597.517,said point being the POINT OF BEGINNING and northeast corner of the herein described tract; THENCE continuing with the west boundary line of the said 80.00-acre tract and the east boundary line of the herein described 82.89-acre tract,South 0°50'10"East for a distance of 2,553.67 feet to a point having State Plane Coordinates:North 17,132,348.309, East 1,310,634.782,said point being in the west boundary line of said 80.00-acre tract and being the southeast corner of the herein described tract; THENCE with the south boundary line of the herein described 82.89-acre tract,South 89°14'41"West for a distance of 1,414.35 feet to a point having State Plane Coordinates:North 17,132,329.663,East 1,309220.554 from which a found 5/8 inch iron rod with a cap marked"BRISTER" bears South 0°50'09" East, 13.50 feet, said point being in the east boundary line of a called 40.00-acre tract of land conveyed to Melissa Flores,as recorded in Document No.2005039814 in the Official Public Records of Nueces County,Texas,said point also being the southwest corner of the herein described tract; THENCE with the east boundary line of the said 40.00-acre tract and the west boundary line of the herein described 82.89-acre tract,North 0°50'09"West for a distance of 2,552.01 feet to a point having State Plane Coordinates:North 17,134,881.397,East 1,309,183.326 from which a found cotton spindle in the centerline of County Road 22 bears North 0°50'09" West, 50.00 feet, said point being the northwest corner of the herein described tract, THENCE with the north boundary line of the herein described 82.89-acre tract, North 89°10'38" East for a distance of 1,414.34 feet to the POINT OF BEGINNING,containing in total 82.89-acre of land,more or less. This survey description is based on a survey made under my supervision in February 2023. It is true and correct to the best of my knowledge and belief. Bearings and coordinates are based on the Texas State Plane Coordinate System,South Zone,NAD 83. OF Gj�''Q���ip„• � t ME.. Jo D.Mercer,RPLS X09•1924 ' joh .mercer@lynngroup.com Texas No.1924 Surveyor Firm No.10116600 Date:August 30,2023 Job No.37003 EXHIBIT K 4444 19!59%99 � �CA to:. eZ=,-eo 0() Z7 t/1 0- I I I I Z t/1zDZ 00 O C.R.51 z z z z o Ornmm�w 0 v wwJ �_ Z oo c Dm p� I (A z `Z� moZ nzQ0 o n= to -• 1 v �j D��Z i/1 �7 TI ig-m V o or ED jr vV+' v Fi 1�t's �°vm��zi z fel = fTl .� n x N �. ` o Z CA;o O�►V 410PV .'9�'A.O • y 1 D�to. Morn�N0Z VJ nn0� .•nO I NNODN �•tm�s' a OCA r -n cn CA N In oN _ _ _ —� r m cn N �'1 T v �"n —J MELISSA FLORES I n 0 x C?DOCUMENT NO. 2005039814 O 2-o CA O.P.R.N.C. 10.15-ACRES L. . — . — . — . — . :04 _ _ o CA m y N N O- MELISSA FLORES I z o'0 zo ro o DOCUMENT NO. 2005039814 L„ o D z' o O.P.R.N.C. m ,ov 0 v� v 40. 00-ACRES I c N N Iocz z m N 0' 50'09" W 2552.01' �m Iwoc o iA�M •.N m\ n� r Z. . - . - . � O npOj0a z CID ; co I m� v �_ Iy�� 11-0: q9p w 001 � N �� wzO m ao Horn Zrn 0�a O. D � c N � (7 � ZZ� "W 0 @ C7� O O n v O o 'zm o �min n D?N c oo• S 0'50'10" E 2553.67' °D "00 0 m N30 rn E:tcoC�?C � mpEn °� Nv N �Ct Z` II o rj:m � II Z CA N� IIN DP�m� � � D IIN oo `��� to �Z A?NZx N0 WN �C70� m 0 =N II N� �F� x MII � z os O F O JOHN D. MERCER & ASSOCIATES 118 EAST MAIN STREET 1 CONSULTING ENGINEERS EDNA, TX 77957 1 TEXAS REGISTERED ENGINEERING FIRM F-324 361-782-7121 37003 8 --'�---------- - I -7 — 1 - (J L Annexation Area r 1 .1 / N.TS ...�g,...;..............�............... _....... .....L — — — — � e e Loam Fm�pgam�Y ' ' g &HMEMM ' Legend N r City Limits ' Annexation Area 1 I 0 0.25 0.5 1 J Miles rr C:\Users\alvaror\City of Corpus ChristMT GIS Team-GIS Map or Data Req—tsZ-elopment Services\Maps%Planning_General\LONDON_CHARLOTTE_CR22_EXHIBIT'LONDON_CHARLOTTE_CR22_EXHOIT.apr County of Nueces ROBERTO G. HERNANDEZ JOHN MAREZ Commissioner Commissioner Precinct I Precinct 3 JOE A. GONZALEZ CONNIE SCOTT BRENT CHESNEY Commissioner County.fudge Commissioner Precinct 2 Nueces County Courthouse,Room 303 Precinct 4 901 Leopard Street Corpus Christi,Texas 78401-3697 COMMISSIONERS COURT RESOLUTION "Requesting the City of Corpus Christi, Texas to Annex Road and Rights-of Way of a Section of County Road 22" WHEREAS, pursuant to Texas Local Government Code §43.1055, notwithstanding any other law, a municipality may annex a road right-of-way on request of the governing body of the political subdivision that maintains the right-of-way; and WHEREAS,Nueces County, Texas maintains the rights-of-way of County Road 22. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSIONERS COURT OF NUECES COUNTY, TEXAS,TO WIT: Section I. That the Nueces County Commissioners Court does hereby formally request the City of Corpus Christi, Texas to annex those sections of County Road 22 road and rights-of-way, being a 19.41-acre tract of land, more or less, as described in the Property Description and Map in Exhibit A and Exhibit B, respectively, which exhibits are attached hereto and incorporated herein for all purposes. Section 2... That this Resolution shall be effective immediately upon adoption. DULY ADOPTED BY VOTE OF THE COMMISSIONERS COURT OF NUECES COUNTY,TEXAS, ON THIS THE 17TH DAY OF AUGUST, 2023. b CO NIE S , County Judge OBERTO G. tfkANANDEZ 5\oNE0 J HN AREZ Commissioner, Precinct 1 � ',w `0 dnmissi ier, ecinct 3 r JOE A. GO Z BRENT CHESN Commissio r, P cinct 2 ATTEST: Commissioner, Pre ' ct 4 Aa RA SANDS, my Cler, 20230482-8117 Exhibit A Property Description for Portion of Nueces County Road Right-of-Way Requested to be Released for Annexation 7.26.23 Portions of County Road 22 An approximately 19.41- acre tract of land, more or less, out of Laureles Farm Tracts, recorded in Volume 3 Page 15 of the Map Records, Nueces County, Texas, as depicted in the attached Exhibit A and more particularly described as follows: BEGINNING at a point at the intersection of the east right-of-way line of County Road (CR) 51 and the north right-of-way line of CR 22, for the northeast corner of the tract, THENCE east along the north right-of-way line of CR 22 to the intersection of the west right-of-way line of CR 43; THENCE south along the west right-of-way line of CR 43 to the intersection of the south right-of-way line of CR22; THENCE west along the south right-of-way line of CR 22 to the east right-of-way line of CR 51; THENCE north along the east right-of-way line of CR 51 to the north right-of-way line of CR 22, the POINT OF BEGINNING. !L■ U7 ^ 7 uj.A LOT 0 4�� 4' Nt ry ,• s ¢w � w�'� err u•G 6�" � .,R 'sem " ' �5 r"' �'."'; 4t a L U� �y.y 4 "N �1" • 4 j A s O 'nil .w 4i JnE p, r '';. l ' �6 n }� Q '_l fZ V El Ira Ln " N 46� I 1 t0 ^ i r w ;.y y 70 ° pri k 1 " IM 20230482-8117 To: Leane Heldenfels From: Linda Mikulencak This letter of petition requesting annexation of the subject acreage. The following owners of LM&JM Investments,LLC hereby petition to join the city limits of Corpus Christi. State of Texas County of Nueces This instrument was acknowledged before me on Q)r a`7,901y Linda Mikulencak, Managing Member of LM&JM investments, LLC a Texas limited liability company,on behalf of said entity. UA$o&,..��RY II 3APIO IQUE plNEI A o !G# 13092088-7 ?. r,•'� Notary Public -'sr'' STATE OF TEXAS Notary Public Signature eOFj�' My Comm. Exp. 112-05-2024 State of Texas My Commission Expires: s 051 oar o , LM&JM Investments By�nL aaLV�, Linda Mikulencak State of Texas County of Nueces This instrument was acknowledged before me on W-<:z7 Ay John Mlikulencak,Managing Member of LM&JM Investments, LLC a Texas limited liability company,on behalf of said entity. C ,o f Y 11 A�B<<, M NI UE PINEDA iQ# 13092088 7 ' *` Notary Pudic Notary Public Signature STATE OF TE AS OF MY Comm. Exp. 12-05-2024 State of Texas My Commission Expires: a b5 �2A' I LM&JM Investments By: John Mikulencak LEITER OF PETITION FOR VOT I'NT.iRY AN,%1..XAFIQN City of Corpus Christi— Planning&L'S1 Department P.O.Bax 9277 Carpus Christi,Texas 78469 ILC: 0-0 aCrC tract cat'lana, more ur Icss, a portion of the northm9l quarter. S.eclion 11, LaurCtes Farm Tracts. Nucces County, Texas, and marc particularly d� tirihti: by awes and bounds attached hereto_ TO whom it may cmicern: Pursuant to Section 43.0671 oftKe Texas Local Covernment Code,Supedor I I&1i I}cn-ti Ioprncn'- LLC 5161Y61', this ICttcr crf PCUtion tecluesnng annc,�,,—,,on oi.ffic above referenced pre l3cr . by tho City Of COT-PUS Christi. Superior EI & N Development, LLC is the sale 0"vnrr of the ,ihX)VC referenced prupc:yt and I lamed N4 is autho ifA to stet q'hi_s letter of peli[ion an l?4`.7�iI of the company. CAA FR: S1 111-RIOR f i& I I DEVELOPMENT,LLC _ 7Cxas limited Iia>bil.ity Camp y+ 4 taghasi,hie r STATE-OF TEXAS w COUNTY OF N ECES w This j"tru[ne[It w-,is ackno%%Iedged hcfarc me on the ,lf` day of h 1I 1MED MOSTACHA S1, N-ic,3tber of SUPERIOR H dee ll DEVELOPMENT, LLC, a Teras 11inited liahilit.%. compaett-_ t1n behalf of said Iimhed liability camparrf. John D' Tell + acw s atart'Yob tics ate of Texas a g, NOLWY Prsdtfic STALIE OF TEMS Qr My comm. Ewp.06-17- F.ti745502NcY iter_1.5.;1uc3-ArkFWYPzti,d6Md3d0kX ZONING REPORT Case 1023-02 Applicant & Subject Property District: 3 Owner: LM & JM Investments LLC Applicant: LM & JM Investments LLC Address: Near the southwest corner of County Road 22 (CR-22) and County Road 49 (CR- 49), located along the south side of CR-22, west of CR-49, and north of FM-2444 (Staples Street). Legal Description: an 82.89-acre tract of land, and being part of Section 11 , of the Laureles Farm Tract Acreage of Subject Property: 82.89 Acres. Refer to the attached Metes & Bounds document (Attachment C). Zoning Request From: "FR" Farm Rural District. To: "RS-22" Single-Family 22 Residential District. Purpose of Request: To allow for a low-density residential subdivision development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "OCL" Outside City Limits Vacant No designation Vacant North "OCL" Outside City Limits (Approved Preliminary No designation Gemini Acres, northwest of the site) South "OCL" Outside City Limits Vacant No designation Vacant East "OCL" Outside City Limits (Approved Charlotte No designation Est.) West "OCL" Outside City Limits Vacant No designation Plat Status: The subject property is the site of the proposed London Ranch Estates Subdivision, whose preliminary and final plats were conditionally approved by Planning Commission on December 14, 2022 and February 22, 2023, pending annexation and rezoning. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing County Road Street 22(CR 22) "A2" Secondary 400 Feet 2 Lanes, Arterial Divided (Median/Turning Ln) 65 Feet Designation-Urban Section Proposed Section Existing County Road Street 20-A (CR-20A) "C3" Primary Collector 4 Lanes, Unbuilt 75 Feet Transit: The Corpus Christi RTA does not provide service near the subject property; which is located outside City limits. Bicycle Mobility Plan: The subject property is approximately 5 miles east of the nearest mobility infrastructure along Oso Parkway. Utilities Gas: None exists. Stormwater: The subject property will be developed with detention ponds. The Technical Review Committee accepted the applicant's proposal. Wastewater: None exists. The subject property is outside the current wastewater masterplan. Lots will be developed with OSSF (On-Site Sewage Facility). Water: The Technical Review Committee determined that construction will be required. Corpus Christi Comprehensive Plan (Plan CC) 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 not located within an ADP; however, it is immediately south of the London Area Development Plan, which was adopted on March 17, 2020. 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 7 within a 200-foot notification area 1 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: October 4, 2023 City Council 1St Reading/Public Hearing Date: December 12, 2023 City Council 2nd Reading Date: January 9, 2023 Background: The subject property is an 82.89-acre tract within the City's ETJ (Extra-Territorial Jurisdiction); approximately 4 miles outside of its western boundary. The parcel fronts the south side of County Road 22 (CR-22) and the north side of County Road 20A (CR-20A), is west of County Road 49 (CR-49), and east of County Road 51 (CR-51). The subject parcel is the site of the London Ranch Estates Subdivision conditionally approved by Planning Commission on February 22, 2023, pending annexation and rezoning. The tract is currently vacant, undeveloped, and surrounded by unincorporated parcels of similar character. East of the subject property is the site of the approved Charlotte Estates subdivision undergoing annexation and rezoning. North of the site is the southern boundary of the London Area ADP (Area Development Plan); and northwest of it is the approved preliminary Gemini Acres subdivision. To the west and south of the subject property are vacant and undeveloped tracts with no history with the City. The subject property is part of an annexation case. Upon annexation, the applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District to allow a low-density residential development. The "FR" Farm Rural District permits 1 dwelling unit per 5 acres; while, the "RS-22" Single-Family 22 District allows 1 .98 dwelling units per acre. The development will accommodate 108 lots with an average lot area of 25,935 square feet. City of Corpus Christi Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions with a lack of interconnection. ■ Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development such as developments with a well- connected street network or appropriate connections to neighboring subdivisions, destinations, or bike/pedestrian facilities. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote proper location of land uses based on compatibility, locational needs, and characteristics of each use. ■ Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing developments. o Corpus Christi has well designed neighborhoods and built environments. ■ Encourage convenient access from medium-density residential developments to arterial roads. o Annexation plans provide for orderly growth and industrial agreements in the ETJ (Extra-Territorial Jurisdiction). ■ Support policies and regulations that ensure orderly development in annexed areas, as rapid orderly growth can cause numerous urban problems that include traffic congestion and the inability to meet infrastructure needs. ■ Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the development objectives of Corpus Christi and to achieve orderly growth. ■ Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police, and fire protection, and so that new developments may be planned and linked to municipal water supplies, wastewater, and storm drainage systems. ■ Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic city investments in infrastructure to promote orderly and efficient development in the city. ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The Future Land Use Plan and Map, while an element of the City of Corpus Christi Comprehensive Plan, is established by the ADP, and supersedes the City's Comprehensive Plan's upon adoption. The subject property is outside any incorporated and unincorporated area-specific plan; therefore, has no assigned future land use. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with many elements of the City of Corpus Christi Comprehensive Plan (Plan CC). • The subject property is part of an owner-initiated petition to incorporate the subject parcel into the city's limit, supported by the annexation framework established by the city, and that as situated can aid and facilitate orderly developments in a manner beneficial to governmental and non-governmental parties as growth and preferences are accommodated. • In the absence of an area-specific plan, and being adjacent to the London Area, staff considered the London Area Development Plan's vision, goals, and future land use patterns for consistency and the compatibility of the proposed development. o The southern boundary of the London Area, along CR-22 (County Road 22) from CR-51 (County Road 51) to the edge of the City, has a future land use designation of Medium-Density Residential; except for commercial where CR-22 encounters an arterial. For a coordinated development of the area, a similar use pattern should be mirrored to the south side of CR-22. • The rezoning request will allow a low-density residential development of 108 lots with an average area of 26,154 square feet. The Unified Development Code requires 22,000 square feet at a minimum. • The Technical Review Committee reviewed the subdivision plat map and made recommendations on the infrastructure necessary to support the development; including, the realignment of a proposed C3 class collector (identified as London Ranch Drive on the proposed plat map. See attachment B) that traverses the east side of the subject parcel to redistribute traffic onto County Road 22 and County Road 49. Planning Commission and Staff Recommendation (October 4, 2023): 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, Planning Commission and staff recommend approval of the change of zoning. • The amendment requested, if approved, will not have a negative impact on the surrounding area. It is compatible with the surrounding uses and character of the area. o The proposed development promotes orderly development pattern. It is appropriate in size, scale, and layout; promoting a broader sense of neighborhood and community. It maintains the rural character of the surrounding that the nearby constituents value; the "single-family residences on large lots." ■ The Charlotte Estates subdivision plat map, an approved "RS-15" Single- Family 15 residential subdivision to the east and undergoing annexation and rezoning, reveals lots similar in size to the subject subdivision. ■ Gemini Acres to the northwest, and several other unincorporated subdivisions within the neighborhood such as Nottingham Acres, Katherine Estates, and South Prairie Estates feature large lots with single- family use despite a medium-density residential future land use designation similar in lot size as well. Attachments: (A) Existing Zoning and Notice Area map, (B) London Ranch Estates Planning Commission Approved Tentative Subdivision Plat Map, (C) Metes and Bounds Description with Exhibit, (D) Surrounding Development Map Sketch ATTACHMENTS: (A)EXISTING ZONING AND NOTICE AREA 1 3 r. off rI 5 ;PROPERTY 4 2 CASE: 1023-02 Zoning and notice Area s uRlb@mla,+ 14 llpa tin pu Arlal Riles au lNbmlI IR xra�! Ino u�4lal RMZ Klul9bm IP22 Rp C� Hannnm tlx14 Cen]wrla•; .. ,fix Fvp V,,no'.I al 0 To, R9-1p 111Mpla-Faml1"11 uK MUIb@mII,�i R4tl Aln pie-Fa mil,d _. xelp naomoom Ca mm nnlsl R9�.s Alry pleFa mil,Ae N.2 xelpn ao m—_e�m mord"I RaiF i';'o.Famll•, 0F6+ Rn mr4Ca mmev@I al p,afi 61nplr Famll,16 .-P] %m It Camm aralal 1 Finamnn.fal en6ix ❑3.1 Ce nen,Comm—lal 11— 1o•:•a ho um _C+.2 _v or m Cu mm rru lal 11p epo dial Pbrm In "n ian" 1 RS R.-11.r al le alo la Pam E \ oe� [e•..nh jn Commamlal yAN wanun.tomd xomr PROPERTY �_:res Ra ro rtcnmmann.I.al — . FR Faun FL F31 R wxptenR EP manr cp N.Pam s.tfea�'aas+tr v - wihZlT A'1.Sa iCfala• — — ¢ 0v ofEsri,HERE X� coraw, LOGATlON J4�4P C l-is�i ATTACHMENTS (B) LONDON RANCH ESTATE PC APPROVED TENATIVE S/D PLAT MAP Cli U (I'()I YN I Y ROAD 22 S89'11'111'W 2111113 —-------------1[------------------- ra� ,EL 0, L2 T 'p Ft,Il RLCOUN I ROAD RIGETorwAy,.,,.- 2� fll Kill ATTACHMENTS: (C) METES AND BOUNDS DESCRIPTION WITH EXHIBIT LEGAL DESCRIPTION 82.89-ACRE TRACT PROPOSED REZONING STATE OF TEXAS§ COUNTY OF NUECES§ Being an 82.89-acre tract of land,and being part of Section 11,of the Laureles Farm Tract,a subdivision recorded in Volume 3,Page 15 of the Map Records of Nueces County,Texas,also being all in the Rincon De Corpus Christi Grant,Abstract No.411,Nueces County,Texas and being more particularly described by metes and bounds as follows: COMMENCING from a cotton spindle found in the centerline of the right-of-way of County Road 22,said cotton spindle being in the south line of a called 306.704-acre tract of land conveyed to Corpus Christi Island Apartment Villas Management Group,LLC,by deed recorded as Document No.2022034325 of the Official Records of Nueces County,Texas, THENCE South 0°50'10"East,at a distance of 19.04 feet pass a found 5/8-inch iron rod with cap marked "BASS&WELCH"marking the northwest corner of a called 80.00-acre tract of land conveyed to Superior H&H Development,LLC.as recorded in Document No.2021010174 in the Official Public Records of Nueces County,Texas,and continuing for a total distance of 50.00 feet to a point having State Plane Coordinates: North 17,134,901.707,East 1,310,597.517,said point being the POINT OF BEGINNING and northeast corner of the herein described tract; THENCE continuing with the west boundary line of the said 80.00-acre tract and the east boundary line of the herein described 82.89-acre tract,South 0°50'10"East for a distance of 2,553.67 feet to a point having State Plane Coordinates:North 17,132,348.309,East 1,310,634.782,said point being in the west boundary line of said 80.00-acre tract and being the southeast corner of the herein described tract; THENCE with the south boundary line of the herein described 82.89-acre tract,South 89°14'41"West for a distance of 1,414.35 feet to a point having State Plane Coordinates:North 17,132,329.663,East 1,309220.554 from which a found 518 inch iron rod with a cap marked"BRISTER"bears South 0°50'09"East,13.50 feet, said point being in the east boundary line of a called 40.90-acre tract of and conveyed to Melissa Flores,as recorded in Document No.2005039814 in the Official Public Records of Nueces County,Texas,said point also being the southwest corner of the herein described tract; THENCE with the east boundary line of the said 40.00-acre tract and the west boundary line of the herein described 82.89-acre tract,North 0°50'09"West foe a distance of 2,552.01 feet to a point having State Plane Coordinates:North 17,134,881.397,East 1,309,183.326 from which a found cotton spindle in the centerline of County Road 22 bears North 0050'09"West,5060 feet,said point being the northwest corner of the herein described tract; THENCE with the north boundary line of the herein described 82.89-acre tract,North 89°10'38"East for a distance of 1,414.34 feet to the POINT OF BEGINNING,containing in total 82.89-acre of land,more or less. This survey description is based on a survey made under my supervision in February 2023- It is true and correct to the best of my knowledge and belief. Bearings and coordinates are based on the Texas State Plane Coordinate System,South Zone,NAD 83. OF '.. �ER.- Jo D.Mercer,RPLS ;." 1924" joh .mercer@lynngroup.com ✓�'3 Texas No.1924 ^.. " Surveyor Firm No.10116600 Date:August 30,2023 Job No.37003 £QQ�£ IZIL-Z8L-I9£ VU-3 A}Ild IIDNIRI-AAMDNI l C1:3213.LSIr) l21 SVXA L l L96LL Xl`VNUII S1813MIDN'J DNliAnSN0� VIVA.LsV"3 81 i SAIVIDOSSV ?8 ?3:-ID'dJT I 'Q I HOf or o J O ¢ O N Z I �00 Lu_ Z AO N 3r =w V1 Z U � 4 OI C °� C! " ( d U Z t� MN Uo ci tncn '1 wZOQ r} Z a- co 0 I rn cnza � 3i C6 ;oD �V) die Wom 2 7Z 00 nMN w E U w c�ci m L9'£SSZ 3 O L,09.0 S �U3zaCD o = W 0 O ..M M M.. C7 � d Z Q VT* OO IIw ck� LJ d UVV1 �NZ U co � Ln M j O b � LEI IIm I z 4ba � col ora — Z r O O In.. w w u� z FS 3m z O a J LUZ'� w a n .10799iM „60,OS.0 N n m zI J� O0 . 2 w o S380V-00'06 C3 0 ED L ONtIdO z ` _ Q- ?a n 6i96£0900Z 'ON A3vinoo0 p I z a m a S38013 VSSI13W a lj Z O N Z • Z O to53aOV-9i'Ot -O-N•a•d-O a c> o 0 6196M9002 'ON 1N3V4nDOO o Uo S32l013 dSSI13Y4� J- o z VI cc7 m ul IOD I zoWo Q f^ w��mW QLjy o � oN4 wzorn ��j Zr U tr�0W 8 o.� ': MMMM 0�11 Z U] /-Q/�// Lz2J CTTS +C� M O LJ Lf— Z W �� _(`1• f lal W tJ L:j lL Z.• U W = W 0 �o • j WJ o �n Z�� I Ud :3 CL Ca z l�Q 'ac� Qoo rLLJ� LU C%l Q [,yr' Z p M M O1 a W W W a- O 00ZNzF o z z z z lS'N'O OC 00 ��itLz CI F-2,M ���$ ATTACHMENTS (D) SURROUNDING DEVELOPMENT MAP SKETCH (Zb) 6t/ OVOa AiNno:) T. Ln W .-� 0 _ I to F Q4 „ o rV I I d oc o I I a 0 o ca z Q CS N �,. .....vim. -.. co C) (0) 03SOdOUd �r fiat_ d . . . . ... . . . ... . . . . . . . . . Ln u'i I W I Lu �7 I O eU U J - I . (ZH) TS OV011 AINOOJ ZONING REPORT Case 0923-01 Applicant & Subject Property District: 3 Owner: Superior H & H Development LLC Applicant: Superior H & H Development LLC Address: None. It is located near CR-22 (County Road 22) and CR-49 (County Road 49), along the west side of CR-49 (County Road 49) and south of CR-22 (County Road 22). Legal Description: 80 Acres out of Section 11 , Laureles Farm Tracts. Acreage of Subject Property: 80 Acres. Refer to the attached Metes and Bounds Description with exhibit (Attachment B). Pre-Submission Meeting: July 19, 2023 Zoning Request From: "FR" Farm Rural District To: "RS-15" Single-Family 15 District Purpose of Request: To allow for a low-density single-family residential subdivision development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Vacant No Designation North "OCL" Outside City Limits Vacant No Designation South "OCL" Outside City Limits Vacant No Designation East "OCL" Outside City Limits Vacant No Designation West "OCL" Outside City Limits Vacant No Designation Plat Status: The Charlotte Estates preliminary plat was approved by the Planning Commission on December 8, 2021 , and the final plat on April 6, 2023. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing CR-22 Street (County Rd 22) "A2" Secondary 4 Lanes, 2 Lanes, Arterial Divided 100 feet 65 feet Designation-Urban Section Proposed Section Existing CR-49 Street (County Rd 49) "A2" Secondary 4 Lanes, 2 Lanes, Arterial Divided 100 feet 50 feet Designation-Urban Section Proposed Section Existing County Road Street 20-A (CR-20A) "C3" Primary Collector 4 Lanes, Unbuilt 75 Feet Transit: The Corpus Christi RTA does not provide service to the subject property. The subject property is outside city limits. Bicycle Mobility Plan: The subject property is approximately 4 miles east of the nearest mobility infrastructure along Oso Parkway. Utilities Gas: None exists. Stormwater: None exists. The Technical Review Committee determined that construction will be required. Wastewater: None exists. The subject property is outside the current wastewater master plan. The lots will be developed with OSSF (On-site Sewage Facility). Water: None exists. The Technical Review Committee determined that construction will be required. Corpus Christi Comprehensive Plan (Plan CC) 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 not located within an ADP; however, it is immediately south of the London ADP (Adopted on March 17, 2020). 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 10 within a 200-foot notification area 1 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: September 20, 2023 City Council 1St Reading/Public Hearing Date: December 12, 2023 City Council 2nd Reading Date: January 9, 2024 Background: The subject property is an 80-acre, undeveloped and vacant, parcel located outside the City's limits. It is immediately south of the London Area; east of CR-49 (County Road 49) and south of CR-22 (County Road 22). Refer to the attached Existing Zoning and Notice Area map. A Planning-Commission-approved land subdivision, Charlotte Estates Subdivision request, is attached to the subject parcel. To the north of the subject property and CR-22 is part of the unincorporated London Area. To the west of the subject property is the approved London Ranch Estates subdivision, a low- density residential development undergoing annexation and rezoning. The properties to the west, north, and south of the subject property are also "OCL" Outside City Limits, undeveloped, and vacant. The applicant is requesting a change of zoning from the "FR" Farm Rural District granted upon annexation, to the "RS-15" Single-Family 15 District for a single-family residential subdivision with 110 lots ranging from approximately half-an-acre to nearly an acre in size. City of Corpus Christi Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions with a lack of interconnection. ■ Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development such as developments with a well- connected street network or appropriate connections to neighboring subdivisions, destinations, or bike/pedestrian facilities. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote proper location of land uses based on compatibility, locational needs, and characteristics of each use. ■ Promote and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing developments. o Corpus Christi has well designed neighborhoods and built environments. ■ Encourage convenient access from medium-density residential developments to arterial roads. o Annexation plans provide for orderly growth and industrial agreements in the ETJ (Extra-Territorial Jurisdiction). ■ Support policies and regulations that ensure orderly development in annexed areas, as rapid orderly growth can cause numerous urban problems that include traffic congestion and the inability to meet infrastructure needs. ■ Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the development objectives of Corpus Christi and to achieve orderly growth. ■ Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police, and fire protection, and so that new developments may be planned and linked to municipal water supplies, wastewater, and storm drainage systems. • Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic city investments in infrastructure to promote orderly and efficient development in the city. ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The Future Land Use Plan and Map, while an element of the City of Corpus Christi Comprehensive Plan, is established by the ADP, and supersedes the City's Comprehensive Plan's upon adoption. The subject property is outside any incorporated and unincorporated area-specific plan; therefore, has no assigned future land use. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with many elements of the City of Corpus Christi Comprehensive Plan (Plan CC). • In the absence of an area-specific plan, and being adjacent to the London Area, staff considered the London Area Development Plan's vision, goals, and future land use patterns for consistency and the compatibility of the proposed development. • The southern boundary of the London Area, along CR-22 (County Road 22) from CR-51 (County Road 51) to the edge of the City, has a future land use designation of Medium-Density Residential; except commercial where CR-22 encounters an arterial. For a coordinated development of the area, a similar use pattern should be mirrored to the south side of CR-22. • The subject property is part of an owner-initiated petition to incorporate the subject parcel into the city's limit, supported by the annexation framework established by the city, and that as situated can aid and facilitate orderly developments in a manner beneficial to governmental and non-governmental parties as growth and preferences are accommodated. • The approved Charlotte Estates land subdivision request is attached to the subject parcel. • The proposal, if approved, will sustain the "single-family residences on large lots" pattern that the nearby constituents value, and features elements of interconnectedness as Plan CC recommends. Planning Commission and Staff Recommendation (September 20, 2023): 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, Planning Commission and Staff recommend approval of the change of zoning. • The amendment to the zoning map, requested by the applicant, will not have a negative impact on nearby properties and to the character of the surrounding area. o The subdivision map submitted and approved by Planning Commission features 110 lots approximately half-acre to nearly an acre in size; and matches the surrounding development pattern. ■ Numerous large lots with single-family use have a Medium-Density Residential future land use designation such as the nearby low-density subdivisions of Nottingham Acres, Katherine Estates, and South Prairie Estates that are not incorporated into the City. ■ With much growth occurring in the London Area and its vicinity, petitions for annexation, and proposals are assessed by the Technical Review Committee for suitability. The Technical Review Committee reviewed the applicant's proposal, assessed its infrastructural needs, and recommended the improvements necessary to support the development. Attachments: (A) Existing Zoning and Notice Area map, (B) Metes and Bounds Description with Exhibit ATTACHMENTS: (A) EXISTING ZONING AND NOTICE AREA � CF -- "F I 7 8 9 SUBJECT: ; - PRdPEERTY s �: 777CASE: 0923-01 Zoning and notice Area aF RW:• IAS.tit mll;1 It llyli'Ir d�•.tr1ai .f ' tltmlr•^ H Xay�;In]I.0Y1a1 P.Y. Y�dtmll_� PJC. 4annnd u nit Ceu 0 Yrna, C,1 �'�F�:rl un al.'11e.h Pg.!� glrplr Fym ll�1y P4!!: YLI}t ml ,. Blr yn-F�in:l•d cM-I .. ii... inn.¢.:I ne S�0'rp r.Femur 4.6 P-� Rn Y{ wr yc IM tc4la u}� Intan.. na7l�maoly,male Ram ece, ca--r o—T, FUN ua��carnc acne PROPFgr C'R Rem^=ar TEM z! FR Far ni FL dln N d 1 RP i, �' �v,�r,,•rrr..su`J. A�ir.'xn Cil. [a[' ESYI,FERE CnlII:dr. LOC IU r.hri'd ATTACHMENTS: (B) METES AND BOUNDS DESCRIPTION WITH EXHIBIT MURRAY BASS,JR.,P.E.,R.P.L.S. 3054 S.ALAMEDA,ZIP 78404 NIXON M.WELsn,P.E.,R.P.L.S. 361 882-5521—FAX 361 882-1265 www.bass-welsh.com -mail:murrayjr@aol.com e-mail:nixmwl@gmail.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 December 3,2020 20039-M&B.doc STATE OF TEXAS § COUNTY OF NUECES § Description of an 80.000 acre tract of land, more or less, a portion of the northeast quarter, Section 11, 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 169.367 acre tract of land described by deed recorded at Document No. 2020044490,Official Records of said county,said 80.000 acre tract of land as further described by metes and bounds as follows: BEGINNING at a 5/8"iron rod set at the point of intersection of the west right-of-way line of County Road 49(a 40'wide right-of-way)and the south right-of-way line of County Road 22(a 40'wide right-of-way)for the northeast corner of the tract herein described; THENCE along said west right-of-way line of County Road 49,being along a line 20'west of and parallel to the centerline of County Road 49,the common line between said Section 11 and Section 10,said Laureles Farm Tracts,S00°49'41"E 1019.94'to a 5/8"iron rod found at the point of intersection of said west right-of- way line of County Road 49 and the north boundary line of a 2,165 acre tract of land described by deed recorded at Document No. 2019010191,said official records and Document No.2020025660, said official records,for central east corner of the tract herein described; THENCE along said north boundary line of 2.165 acre tract S89°13'28"W 579.91'to a 5/8"iron rod with cap labeled "Frontier Surveying"found for the northwest corner of said 2.165 acre tract and central interior corner of the tract herein described THENCE along the west boundary line of said 2.165 acre tract,along a portion of the west boundary line of a 4.33 acre tract of land described by deed recorded at Document No.2016049868,said official records and along the west boundary line of a 3.93 acre tract of land described by deed recorded at Document No. 2016049869,said official records,S00°46'57"E 599.99'to a 5/8"iron rod found for the southwest corner of said 3.93 acre tract and interior central corner of the tract herein described; THENCE along the south boundary line of said 3.93 acre tract N89°13'27"E 580.39'to a 5/8"iron rod with cap labeled"Frontier Surveying"found in said west right-of-way line of County Road 49 for central easterly corner of the tract herein described; THENCE S00°49'41"E 980.50'along said west right-of-way line of County Road 49,being along a line 20' west of and parallel to the common boundary line between said Sections 10 and 11 to a 5/8"iron rod with cap labeled"Brister Surveying"found for the southeast corner of the tract herein described; THENCE S89°11'07"W 1473.82'along the north right-of-way line of a county road right-of-way 40'in width, possibly County Road 20A,being along a line 20'north of and parallel to the common line between the north half of said Section 11 and the south half of said Section 11,to a 5/8"iron rod set for the southwest corner of the tract herein described; EXHIBIT"A" Page 1 of 2 Metes and Bounds Description,80.000 Acre Tract,December 3,2020,Continued; THENCE thru said northeast quarter of Section I1 N00°49'41"W 2600.87'to a point in said south right-of- way line of County Road 22 for the northwest corner of the tract herein described; THENCE along said south right-of-way line of County Road 22,being along a line 20'south of and parallel to the centerline of County Road 22,being along a line 20'south of and parallel to the common boundary line between said Section 11 and Section 2 of said Laureles Farm Tracts,N89°12'10"E 1473.82'to the POINT OF BEGINNING. Al .22...1INELSFI on M.Welsh,R.P.L.S. r1���eeetR�1Q EXHIBIT "A" Page 2 of 2 G A z W X Y W Q FM 43 (WEBER RD) a N W X O T Ex a U CHARLOTTE ESTATES 80, 000 AC—\ a CR 22 N89'12'10'E J w S 3'?,8� S00'49' 1'E 057 ,91 1019.94' o ID N (ll D. S00'46'57'E va 599.99' o+ a�N 9-1 2 ;ES 00'49'41-E 0 10.39' 980.50' 0 z CR 20A 1473.82' S89'11'07'W a EXHIBIT ' B' 0 750' 1500' 3000' SKETCH TO ACCOMPANY METES SCALE: 1'- 1500' AND BOUNDS DESCRIPTION 1'=1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, S. STAPLES ST. CFM 2444) FILE: EXB-ANNEX, JOB NO. 20039, SCALE: 1" = 1500' PLOT SCALE: SAME, PLOT DATE: 6/14/23, SHEET 1 OF 1 London Area Annexations and Rezonings: County Road 22, London Ranch Estates, and Charlotte Estates Public Hearing and Ordinance City Council Presentation December 12, 2023 Annexation: A 4-mile portion of CR 22 ROW FM 4�3 N/EBER RD;" a 777 00 ,t �•. "-' °cam° C�G3flzJ . w. 'I �. FM 2444 2 Annexation Petitions CR 22 between CR 51 and CR 43 ➢ 19.41 acres;4 miles S'" 8 ➢ Owned by Nueces County Lr' London Ranch Estates ' s � ➢ 84.37 acres ➢ 108 lots ➢ Owned by LM&JM Investments ➢ Rezoning to RS-22 District 4 Charlotte Estates ➢ 80 acres ➢ 110 lots ➢ Owned by Superior H&H Development f f.1 _i.i.t S STAPLES ST ! — ➢ Rezoning to RS-151 trr: 2023 Annexation Schedule March - London Ranch Estates petitioned for annexation June - Charlotte Estates petitioned for annexation August - Nueces County requests annexation of CR 22 right-of-way. October/November - City Council directs staff to create a Service Plan for CR 22 and hold CR 22 Public Hearings. December 12 - Public hearing and 1st reading ordinance annexing a portion of CR 22 ROW and annexing and rezoning London Ranch and Charlotte Estates. Background • 2019 changes in State law make City-initiated annexation extremely difficult. • Texas Local Government Code Section 43.1055 provides a process for a city to annex road ROW upon the request of who owns/maintains the ROW. • The Nueces County Commissioners Court passed a resolution on August 17, 2023, requesting that the City annex this portion of CR 22. • Annexing CR 22 creates necessary contiguity with the City Limits for London Ranch Estates' and Charlotte Estates' annexations. 5 London Ranch Estates London Ranch Estates Subdivision: ❖ 82.89 acres ❖ Rezone to RS-22 Gated, private road j l 11T'Ti U;, subdivision ❖ 108 housing units ❖ Approximately 5-10 years to buildout Average Unit Price $650k Note:Buildout and sales price assumptions provided by petitioner. T!Rj Charlotte Estates Charlotte Estates ` Subdivision: •'• 80.00 acres ' • i ❖ Rezone to RS-15 ❖ 110 housing units ❖ Approximately 5-10 years to buildout ❖ Average Unit Price = $600k • i i I Note:Buildout and sales price assumptions provided by petitioner. 7 Fiscal Impact Analysis — General Fund �' London Ranch Estates rrr Estimated Operating Property Tax at Buildout: ➢ (108 units) x ($650,000 avg. sales price) = $70,200,000 property value ➢ ($70,200,000/$100) x 0.3788251 = $265,935 Estimated Cost to Serve at Buildout (General Fund): ➢ FY2023-2024 General Fund Budget, / Service Population = $353 M,/393,2272= $898 per capita ➢ (108 units) x (2.56 persons per household3) = 276 increased population ➢ 276 x $898 = $247,848 + $18,087 difference at 10-year buildout (1)2023-2024 Published Budget Maintenance and Operation Ad Valorem rate per$100 in assessed value (2)Service employment:314,204 Pop from Tx Demo Ctr,Jan 2023+%of 157,646 TXLMI Clrtly Census of Employment&Wages,Nueces Cty,1st Girt 2023 (3)2019-2023 American Community Survey S1101:Households and Families,U.S.Census Bureau. (4)Number of units,average sales prices and 10 year build out estimate provided by developer. Fiscal Impact Analysis — General Fund Charlotte Estates Estimated Operotinq Property Tax of Buildout: ➢ (110 units) x ($600,000 avg. sales price) = $66,000,000 property value ➢ ($66,000,000/$100) x 0.3788251 = 250,02! Estimated Cost to Serve of Buildout (General Fund): ➢ FY2023-2024 General Fund Budget, / Service Populationz = $353 M / 393,227 = $898 per capita ➢ (110 units) x (2.56 persons per household3) = 282 increased population ➢ 282 x $898 = $253,236 - $3,211 difference of 10-year buildout per year (1)2023-2024 Published Budget Maintenance and Operation Ad Valorem rate per$100 in assessed value (2)Service employment:314,204 Pop from Tx Demo Ctr,Jan 2023+78,823,or%of 157,646TXLM1 Clrtly Census of Employment&Wages,Nueces Cty,1st Girt 2023 (3)2019-2023 American Community Survey S1101:Households and Families,U.S.Census Bureau. (4)Number of units,average sales prices and 10 year build out estimate provided by developer. Staff Recommendation Approval of the ordinance to annex CR 22 between CR 51 and CR 43 and to annex and rezone London Ranch Estates and Charlotte Estates •�d9 Questions? SC w 0 H V AGENDA MEMORANDUM CoRPORPIg4 Public Hearin and First Reading Ordinance for Cit Council on 12/12/2023 ss5� 9 9 Y DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development for water improvements for London Ranch Estates CAPTION: One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1 ,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: LM & JM Investments, LLC is developing 87.076 acres and is requesting funds to construct a new water arterial transmission and grid main improvements associated with the development. The estimated one-time cost of the improvements is $1,486,159.43. BACKGROUND AND FINDINGS: The Developer, LM & JM Investments, LLC, has requested reimbursement through a reimbursement agreement for the 87.076-acre subdivision named London Ranch Estates, located off CR 22 and CR 49. London Ranch Estates plat was approved by the Planning Commission on December 14, 2022. The development, located off CR 22 and CR 49, plans on 87.076 acres including street dedications. Construction consists of installing 8,314 liner feet of 12-inch PVC water line to supply water to the proposed development. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Gris Main Trust Construction Standards. Project is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust per UDC Section 8.5.1 .C. ALTERNATIVES: This project will improve and facilitate development of the new London Ranch Estates Subdivision. An alternative to utilizing trust funds to construct the water trunk line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Water Arterial Transmission and Grid Main improvements is $1,486,159.43. This agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission and Grid Main Construction to reimburse the developer per the agreement. 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 Certification of Funds Location Map One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on December 14, 2022, to develop a tract of land, approximately 87.076 acres known as London Ranch Estates subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("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, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, 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; WHEREAS, execution of the 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 that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be seventh-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: 1 SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with LM & JM Investments, LLC ("Developer"), for the installation of a 12- inch water line, including all related appurtenances, for the development of London Ranch Estates Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & 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 $1,486,159.43 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $1,486,159.43 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. SECTION 6. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and 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. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2 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 LM & JM Investments, LLC, ("Developer/Owner"), a Texas Limited Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 14, 2022 to develop a tract of land, to wit: approximately 87.076 acres known as London Ranch Estates Subdivision located at CR 22 and CR 49 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 ("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 Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 1 of 14 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. a. The City is executing this agreement as trustee of the Water 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. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. 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 Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 14 Item OFF-SITE SITE WATER Qty. Unit Unit Cost Estimate 1 12" C900 Class PVC Water Line (Open Cut) 8,314 LF $126.00 $1,047,564.00 2 Standard Fire Hydrant Assembly (w/Valve & 2 EA $1,350.00 $2,700.00 3 12x2 MJ TAP CAP 2 EA $3,410.00 $6,820.00 4 2X48 GALV RDY CUT PIPE TBE 2 EA $1,020.00 $2,040.00 5 12" DI MJ GATELV 14 EA $8,160.00 $114,240.00 6 12" MJ TEE 1 EA $7,080.00 $7,080.00 7 3' 6" FIRE HYD 2 EA $10,500.00 $21,000.00 8 12" 90BENDS, 45S, LONG SLV 12X12, 8 EA $3,000.00 $24,000.00 FASTITE 9 16"X12" TAPS SLV 1 EA $16,200.00 $16,200.00 10 20" DIA CASING 1/4" WALL 12X20 SPASERS 123 EA $252.00 $30,996.00 11 8" DI GATE VALV 2 EA $2,940.00 $5,880.00 12 6 MJ C153 90 BEND 2 EA $2,860.00 $5,720.00 13 6 DI MJ GATE VALVE 2 EA $2,100.00 $4,200.00 14 TIE INN TO 16" PIPE, VALVE AND 45'S 1 EA $7,800.00 $7,800.00 15 6X13 MJSOL HYD ADPT 2 EA $1,620.00 $3,240.00 16 Testing &Chlorination 8,314 LF $1.00 $8,314.00 17 Maintenance Bond - Utilities (2-Year, 10%) 1 LS $112,131.60 $112,131.60 Subtotal $1,419,925.60 10 % Contingency $141,992.56 Total $1,561,918.16 Water Acre Fee Credit $75,758.73 Total Reimbursement from Trust Fund $1,486,159.43 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 14 3. REIMBURSEMENT a. The cost for the Water Improvements less $75,758.73 lot/acreage fee credit is $1,486,159.43. 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 Water Improvements up to an amount not to exceed $1,486,159.43 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 per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis 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 and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1 . Summary of Costs and Work Performed on 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. e. 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. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse 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 there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 4 of 14 a. 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 Developer/Owner has priority per UDC §8.5.1 . Pursuant UDC §8.5.1 . C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1 . C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1 . C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. 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: 1 . If to the Developer/Owner: LM & JM Investments, LLC P.O. Box 270245 Corpus Christi, Texas 78427 2. If to the City: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 14 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 may 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. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements 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. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and 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. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 14 11 . PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or 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. 12. 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 by the 40th calendar day after the date of approval by 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 by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. 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 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 7 of 14 d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should 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 Developer/Owner by reducing the reimbursement amount due 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 Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that 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 equity for such default. 14. 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; epidemic; 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. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 14 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. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. 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, then 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 (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. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements 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. 19. INDEMNIFICATION Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 14 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 water 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 attorneys 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 property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 14 20. 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. 21 . DISCLOSURE OF INTERESTS 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 Interests form attached hereto as Exhibit 5. 22. 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 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.htm1. 23. 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 24. AUTHORITY. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 14 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. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 12 of 14 EXECUTED IN ONE ORIGINAL this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 13 of 14 DEVELOPER/OWNER: LM & JM Investments, LLC P.O. Box 270345 Corpus Christi, Texas 78427 By: Linda Mikulencak General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20 , by Linda Mikulencak of LM & JM Investments, LLC, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 14 of 14 Exhibit 1 01 PRELIMINARY PLAT OF Brister Surveying LONDON RANCH ESTATES GRAPHIC SCALE N"'o;�T No AI_�oE_FRopj��RECORDS OF NUECES COUNTY.TEXAS.SAID FE DODU EST ADE R CORDED I 11167 AD CT=OIT�01`A RE TRADE AS DESCRIBED IN A DEf RE'oR.Df I' No D RE NFE ES C=CFENAS SAID R-7 ACRE TRACT So BEIN POR='=A.13 ACREERACTASDESCRDSEDWADE _E oREE"' No 9""'1-11 L vwuREELES FARM TRACTS AS SHOWN ONA—RECORDED IN VOLUME s.PAGE I5.MAP RECORDS NLECES COUNTY.--S. FM Lwe TableTable Table NOTES. vgth Axtl�s�Delco Choad vgth Axtl�e�Delco Choad THE —TER RUNDIT FROM TFUS U OSO CREEK THE CEO HAS N TCLASSIFIEDTIFF AQUATIC LIFE USED FOR THE OSO CREEK EFFE OSO EEN CEQ HAS CLAST SPIED THE AQUATIC LIFE USE 77 FOR TLD Y EXCEPANDSTER-ERS"AND=TLD w IN T'_7 _77w w 1" 11 AS"CC)NTACTRECRAAU0NF. NE"X ON THE FUJODINSURANCE OF (Yi).TEXAS SOUTH ZONE J7f15. BALPOSITTONING SYSTEM.TEXAS STATE PINNNAD 83 REQUIREMENT.ASDEEICTO CHAN GE AS THE A RE QUI REMENTN THE CHANGE. IN— 11 VELOEMENTCODEANDISSUBJECTT 5.SET5/S REBARWITH CAPS STAMPED"BRISTER SURVEYING"UNLESS NOTED OTHERWISE. AREA IS 87.76 ACRES INCLUDING STREET DEDICATION. 8.SEFHC SYSTEMS SHALL BE APPROVED BY THE CITY/COUNTY HEALTH DEPARTMENT. A'11 11 11 9.SURFEVIDER SHALL DR—E WATER SERVICE TO ALL LOTS. 13.NO DRI-ACCESS VOLL RE ALLOWED FROM CR NA OR CR 22. 7, 14.THE FLACTMENT OF UTILITY LINES VOTHIN THE ROADROF�SHALL CONFORM 11 Im w -D WITH THE NUECES COUNTY ACCOMMODATRONS OF UTILITY FINE F CILlTTE3 WITHIN COUNTY RIGHT OF WAY.(FOLLOW CHAFFER II. I SECTION I—D)) 15.ALL STREETS.ROADSIDE DITCHES.DEFENTION PONDS.LIFT STATION1 A FRGO OUNDSTOWNERS NSS0 TION.MAINTAINEDBYTHESUBD]VISION DEVE__ -W w w 11 A 16.THERE ARE RS LOTS AND IUILDADDE PONI)L- 17.EARCEL IS-N THE CITY LIMITS OF CORPUS CHIZISTI. 18.THIS PROPERTY IND-OSSF. EP.ALL LOTS TO MEET RS ZONING DISTRICT STANDARDS. 11 A N3 By TC RoI G EDD N� REPAIR ODE F=E.T =NTEN=DE=OPERATION OF THE DRDIATE IMPROVEMENTS. -W r 21 3T I BE 4 IS FOR PRIVATE STREEDS WITH LONDON RANCH DR-BEE-A PUBLIC cT.a.AFcoxns NuecFscouNTY.TrxAs Aapproved by Planning Commission on December 14,2022 ® PRELIMINARY PLAT OF GRAPHIC�sCALE Brister Surveying LONDON RANCH ESTATES A RE—FIED IN D—NT NCL 202-0. RE—DS OF TEXAS.SAID IED ADEfRE11R.DfIN N, IN IES u°EAuxEEEEs —TRACTS As-owxoxnnarxEcoxnanwvoEumEs.--a 1.—REC—a l ICEsc--.--S. c� i3mi s3��.�ism RowanP—S— u.1 fi u s M.Rx.cs. ZA0 COUNTY ROAD Sl M.Rx.cs. s� .w�Pvass_rxsuoRo P.co. _a FIX-57W A17.17 11 n P 95 5 22 =vo —® D—T Pon � 1 w nxNn= 1.�Z1. I® �� } n oIX4 ` 4 R { p[ m sP �=P 1 „ oPxx r 1 a as�sP �s a zlo,m as z� a s -. fi a as.sLIT s.sP a 1 �c+ I� sas as I� s,as asP as 9 T.. I 1. � sP N m9,sP x . 3 IP >G II� o am �a� a s s s s sP o _IL oxo Pr wxr LIT I'l LT y I. ] PJ r s vx „o �4941Ez641.1, ,oaol i. .i �� K or ®-Po Ki t pi n, - s RPR., L J oPxx.�.r. a-sEr_sRP-R.�RSPR�n I �� ---- ,op. 01 PRELIMINARY PLAT OF Brister Surveying ^� LONDON RANCH ESTATES GRAPHIC SCALE BE ADEfRE R.DfIN N, u"Lwux S � rwxm rxwcrs ws sxowx oxwnar xemxnanwvoLumas.vwca is.mwr xacoxns nR,ecrs couxrr.rexws. e�;5'�20�1tl T11.0'y-14.5'l3 o R.aox z.ocx I E iX0 s<+/r/rr xaxmi<ucmnax� xxm a�wna muss wry + z�sore(wx� •.s•. i uaux k uixmuu "'� im"Eouu cou�as zo x.o'--tiz.a'�-z.o' e'-�� pi x z.00x z.0- '� HALF CUT SECTIONr`s'c.a oasn k came xoiEs HALF FILL SECTION w'RaAoE�ncx TYPICAL ROADWAY SECTION �-t9tl�: p �,r.oT T~soox i E 11 i1ASECnON tlt R]"k tlt ROA nL �oAa �� uiaw core oreurwc� n� a[ ASPHALT DRIVEWAY Exhibit 2 �' • Reimbursement Agreement ViItTERll;�iiQH� Application CODECOU CI MEMBER 2406 Leopard St. Corpus Christi,TX 78408 1 Phone: 361.826.3240 1 Fax:361.826.4376 1 contractsandagreements@cctexas.com Date of Application: ~ Approved Plat Name: L U Yi cl,i ° C,' Public Improvements Deferred: Approved Public Improvement Plans: Y N Cost Estimate for Deferred Public Improvements: f 1,a40/ Ownership and authorized signatories to enter into the agreement: Contact Information Name: VA Q.. C�, E-mail address: �i �d ��, ,� q ( 0 C_ Phone Number: l _ La l Preferred Method of Contact: Email Phone Other If other, provide detail: Company Name entering into the agreement: Company Address: � � �`� � ���, ��� � L C`' Applicant's Signature&Title Submit Application Electronically to:contractsandagreements@cctexas.com Mail to; Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Citv of Corpus Christi I Form No:DSD-1000 Rev.12/20221 Page 1 of 1 Exhibit 3 pM o ADO WIROO WEE ELATE TOO17 CHARLOTTE EBTATE% 4 J S PROP 12' NuEcEs coumyy� TEKb%O 1IIIE ux e� LEGEND—EfOSTING FACILTIES LEGEND—PRDPDSED FACILITES AND MPURTUWICES AND MPURT WCES nw aoe"xa — oxuxe�wx�miw ox oiu�xaox wxwx "'° ' O. wn�x i.c rixrs.m°xa°xo a�w.ax uxo.°axu:ea �F� nc cx.xmc c..nncm f nre�mxun rvuaw ssr r..Rxp°n.cnPo" 9c°ncm 1 c rt LOCATION MAP SHOWING ALSE, FECTE 2 WA ER AD SHEET 8 —El PLAN,IT111 SIT PI IN PCEI�NN��INN PP:N CALL BEFORE YOU DIG! 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Pie. . .._.._�.. 1 ao 1111111-INCNeereNc 25 25 `" PUBLIC IMPROVEMENTSP TO C111LOTTE�o osLwzT 2120oa PAVING. 6RAD]ME AND BRAINAGE --------------- ------- --- ------- ----------- R KOO 271\ Pj Il,GG 15,OD 2o,00 GG I—C) Il'oo lG'oo AID 3' ----;--_-- --- --- 35 I al A 3 o ..... ... ..1 3"' .....JI.. ..�1`17'1 ,GNIIN11,,FPll 3 1�Nll F— I 1 25 —15 PRDFILE LAIICIIoe G OG 2,00 3,00 P— 5,GG 6,00 1,00 —o 9,00 10,00 11— 11 0 1,00 401 1—o 15,DO 16,00 11,00 —00 40 40 001 11L 0 11 IIIL 0 011 35 --- -------- -- ----------------- ----- —35 IlIL 0 11 35 15 Po 30 3o r. IL 11 0 ll� 30 2 5 15 1 25 15 P1 I I 7nnFy I N 14,00 15,GG 11,00 17,00 1.- 11,00 20,00 21,00 22,00 23,00 24,GO 25,DO 26,00 40 40 35 35 o 30ENGINEERING �NG,ANIIL PUBLI 25 25 �CJAMP�PPVENMUEENCIIS�'COO C I HAR�L 011 E LEW LIll I 1 101 ... 77017 1-1 PAVING IPAINAIE 3E ---'. LONTINUEO ON EOLLow)NG SHEET513,00 OR '00 H uNE s e.zs4 1 0 —Ca awo liac —L 0 � h _ 3s z te�do BE II IPf'�. r.rho zsLE PRnn r n z Tz a� a i — -----v,�.o`-- - © _ _ l h= Iwo 2w0 3.00 Fe eT — o 6 a� 1 — _-----— 3 -I 30 30 „� o� HOEILE BLITHE s i ell -a A � laL 0 2,00 3,00IIF RI I� 11 11 5,EP �. 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CONCRETE THRUST BLOCK m o..,.W,reowurc.re,w¢ r---- — ———— — O,m I II A �I G"llNAN oN AHI,T. coNn NucN oN sHI,T I . coNn Muco oN cHscT MATLN LINE STA 13�5G MAr LH LINC STP]350 MAi GN LINE STA IJ,503 � I �crcL Lw I II I^I IJ © reowurc.Pmv.o Ih Iu ------- 9�9 ---- . . ...0 Q.z.�,,,,�. I � I I II I II I wroLT T,. I I I ,IPI� 1 aaV I nw,urz.rmvmo I � I le I I ,ate I I I I _::.. :�... Gass�wcLSH eNcmceRIND PUBLIC IMPRDVEMENTSPB T`cHARLOTSTE a r z sIGNAGc AND LIGHTING PLAN -- ------ ---- —� — — — a ------ ----- --- -------__ ___------ ____— _ -- � --- -------- --J --, i c—NUEoIFRON s SEE;UE cUA]NUEn UE ON s1IT B OS&WELSH ENG NEE'EN N III 1� NE N NN F-11�rt'aWo .1iE itv.^s n SIGNAGE AND LIGHTING PLAN os//(ia2G/a� rx� ------- ---'�"= ------------- ---1 I '° corvn uowl SHEET ATCHNUE➢ LoN EosTA eNc �. 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"�s«P�>N f� ao,"s� "�s«P�>N i'z�__—_— � �I.N°.�..,.w., PAIRS r 11PICAL STREET SEN"I PLAM-Ms Eva DEAL 8 E�L OEMONE AE EEl 11 of IEU—.111P PAPMSS 'N 'IN RN,REDV, !UENN.�LTE�VANP�PLZD D"101V 'N L'Eo OVIIE`IT2��IiVEH."IN E E?n>�L'04 LP�Eg,�L—UONE A HYDROLOGY PEPARE7— DEVE DETAIL END OF ROAD BARRICADE INSTALLATION (TYPE GM 4-2 OBJECT MARKERS HyGnO,GY,REPAMETERS UNDEVELOPED Nl a� 11 TF T Nil AP�E LT I ON DRAINAGE DETENTION DATA J,o_"T, ,,L.E,N_ELAT 1 51 ENGINEERING RE=�`T'.ANND.. E TV 3.11 1 ISOODS INEET PUILIC IMPROVEMENTS TO CHARLOTTE ESTATES NUECES ED I TA STREET AND DRAINAGE DETAILS AND STORM SATER DRAINAGE DETENTION ROTA �WRnW,<WaFNP CROSSWALK PAVEMENT MARKINGS STREET NAME BLADE SIGN 4'OF PA -.—. INSIDE mcm a STOP BW PND CROSSWNN— EISDLL 24'SOLID WHNE STOP B1R I 1/2 I/2* G� iR0E1 EDGE 4F CURFR 10 � CDaTNU015 EYELLFOMUSIRP NOSE 1 Name I 100Qo� 1 MNWt SIREm G�,TMEN P TD 1 INE NEAT CROSSWNN B<RS �_��1:STMT BY WMINGIS THE PIN ON.RWPLC BNi M 1XE CFNIFA Di RONWNY IDGh STREET S 3 IWBIIFlGTWI SIGNS IN THESE LOGTWIS NOTES: C I,SIREHE�f ONFWµEyB�OD9IE�DWE51E5Po1/L1yyBINgLL pO/�NlB�IST OF EE%�IHR�UDpEFD IKTU1NpIyN�UN.SiµXNEy 8.STREET NNE IEGFND SIMLL mIBAIST OF.MHE CASE.BORT lSfHLET I ON CENTER NWE WM6 SH1LL BE SDB6 B.WEN 1Nq SIRFEf NNE WA06 WILL FMH NPPROADH BE ON THE SNE—y.T EBE TNO B—TWNE WMR-IL WIVE TIE SMF— PLAN 2MIIy'ANFTD—NG ON FRONT OF TIE SNSI PUNUE IS APP—TO ALL kk3 3 SCALE:N.T.S. pp yy�THHIIE STpp SIGNS mTEPT MRyCNNWSEWNyIALDES. �HGT MPUm uI1 a ,ITLIUTCO7•NIo�ITISTOGIS TAN-Ds.uI1 of uxIF01d1 TW£Flc b'F 000 MNM'FAN 4'PNVENEM m 1XERIIOPJSRC 1/_1 1Vo BEIWEBPA AND G 2 Eg•Q cSROS5IVNX U IAN�c a CAP I I FIRM lclFROM UP OF CURB NOTE AtTLI NOTES: a hb b To Is cROsSwNJ(flat LONCITUWNAL BNRS"U.BE PNiNlF1 If 9 M—FIC FLOW IN NL CAES I.T&LL[SSWFCOWVHN�R AINUNDD�[��CNOSSNNNp.X pANLEM M°WSM EPuoPSEC BE 24'MUD WHITE U i llme C XEtt M XFAT/PP�m.1 MR.PREFORMED MWIOR c M LONGITUDINAL CROSSWALK-DETAIL a FOR ASPHALT ROADWAYS-SCALE:N.T.S. Z THE PI_M OP P FINAL 5PNVENG T—mR CIIT PPPROVNL PPoOR TO THE PIFCFNFM OP /NI'FlNN PAVEIEM N1RKINOS. S THE PIA.-M CROSSWNN TNRS SHNL STNM BY RMCING TBE FlRM 0 4'MUO WIVE STOP BN CMS—BW IT TIE CENTER,THE RGDWAY, D THEN 4'TO THE NEM C HFAT NPPUm 1 MIL CMSSWALK W6 F N NNMNN 4'MVFNEM ED iXF1iMOPIISTC) VOUD C DO NOT STRIPE SRE£T WITH ROMWAY EUIiME IdPE1WNRE ISS SS1SPOP SAN Cu NITE CiNSAr•W(D P24N' 1. Lfl INr. S�CTHE PIIxTIX45 ANNISIOP M�OFSUUNIFORM—FD ta�RWOL�DEN�S(MUTCLO). ¢ N W 9]mw THEM�UYDP BINTPPUED L( L EESPClM UP OF CURB babX b 10 CMGSWNI(8Vt �jR -BANS—U.BE POfWlf1 i6 g N 1ROSFIC FLON•IN Ell CASES SRT 'W.O NG T y,w b HIGH CONTRAST CROSSWALK-DETAIL FOR CONCRETE ROADWAYS-SCALE:N.T.S. CTIY{PAVER C v6s Trza ENGINEERING _ PUBLIC SIMPROVEMENTS TO NUE V SWALPAV KCEEOSENT FMARNU CIT CROSSTREET N—_DEMSIGN KING DETNLSS TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS ¢hF csroai w¢Y of NOTE w wnmvniv Ion, lawrlm°r °a0e�elaw ro wmw.l a�0 a Epiwa 3 There are wi0ee oeYipes covovita mnfaarorro rat 0ewe�f.wr�me� 69E f ro Isee for It*Triangular SI ipaase Sysfes.ease w, kfb 0a Plreference the Material Prodaer Lief for oodiraesa slip Does systems. or wl vee�i u°eeswGe°ssrrcr ollw�c . � h}iq//eee.f%oaf.gav/dlsiMss/pradxCer_I isf.hfm eI—rsl.i°I�ri.. ® ® ® .rsl m rne�is sr.mam 6: The aerlms shall be Installed W y — — — mcmfootyrers'reCMsenaotions. 1 sfallafim prattdres stall on °emmin r2 r�oge°rawx lei're�B9el r rwmr praviaea to the Engineer by Contractor. a. �un^me�a'm'i=:ro:+ �roe°o.rrisiu miin'eS''• b n�EE° z liz. �° — — — w uwr°°ii xvy°°.eemr ire saireelryirol 0.lof- 6e aimoOr°wew a.wofwr moil wirlmm rm row ar x.ess-ro x.ms- h° e1 sp1foe.eas am a v-a'm wes'ro rm wfai a o-ar s'm eimw ma rm P• w ro e PI roi. Ym.mesa% w w mi,wa®IN t. m elm aaamr ma I m Iwo. rm m.f re W. ___ Nrh.t,an wet roe.11 ro 'fb °prwar�ro�w ni e_Y_ a°.,.cmmx. a:a m mulro'�v.xmeea ww.wnw°wr a° a wrwr! r°1p00w mr.T.w ria r.n w oa i.wOX9e ol."a is at eat.w rw mawi.w x.s ar w mom... - •°:ea:«ro`fe nor m. fi:wereae°0°a«.amrm m x ro r.s fwr '...-.',.�. -...��:,` wwrPe�°lore tion rro sl ID°taro Ia mwv xt�eow IN rm rraroleay.rw wr Mai I w°tum as ix IO� ee�wm sono slm is mlmIN�va ion mfY1P xl Ir CONCRETE ANCHOR ---{{{ re opwmer m Trar kilos SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS wmm ar,memaTRIANGULAR SLIPBASE SYSTEM SMD(SLIP-))-OS ,lm a, — a Pu cTaa�o°eov s, o, T. O REQUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES (STOP, YIELD, DO NOT ENTER AND (EXCLUDING STOP, YIELD, DO NOT ENTER AND weer Ii.�ai.eYNra I rnsAN g6 WRONG NAY SIGNS) WRONG WAY SIGNS) Fm .wd I.IN I—d:iyr,.O10,IG,..I .��.R�NNsor�.. bg�g 'm.a<°a'�io II F-11 p-t TIELD r:: . ,mN w .NNn me�m,. . , ra (SPEED 1-1-A— '::°.,",°°>"°....N�,.Im °` F , —t me Narusra a«.ri"Ari ':e"��:e°�ae'"' ue. 5 5 a,r b Po� .m FE DO NDT WRONG EE WAY , a,A R„...I�. r..IRN .8i TYPICAL EXAMPLES F.c .w oLN mm Pt—d E REOu IREMENTS FOR FOUR SPECIFIC SIGNS ONLY S.- SHEETING REWIREYFNIS fit SHEETING REWIREMENTS USAGE L. SIGN FACE ANTERIAL RAO USAGE 1 1T IIAL _ p ..... ALWINW SIGN MORS TNICOIESS ElkTYPE I ON C SNEETING LEGEND.GGGINS Swma F.er g' GO E'o f REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS SIGN AIANNS tl'.E SCHOOL SPEED SIGN FACE WIERI11 INA LIMIT 20 a eRme.I°.'vi°o.G".°.. .T..rsRs TYPICAL EXAMPLES TYPICAL EXAMPLES SHEET IMG REOGIREAENTS SNEETING REQUIREMENTS •DMNNnrNaE mnepMaom u— C0.GR SIGN FACE NATENIAL u..v.E SIP(FACE AAIDG11. P� TTGEASNEETINO TYPICAL SIGN LOUREGCENi Try ETIN: Y TRE GELGR G,LSNEETING REQUIREMENTS LEGEND A,SINXG1 ALL OTNER 71M 9 GO C ONEETING LEGEND.1— -ANI—FILM TSR(4)-13 FACE AND WE S1 ENGINEERING PO cH14,oPROO NUEC— ®Ea ,x GOT Tr REQUIREMENTS 2'FVC PROP WTRR OVER E COV RR - - ��� - - -- -- - ---- --- �R E, - - w RISS&WELSH ENGINEERING PIILIC IMPPOVEMENTS TO CHARLOTTE EPTATES NUE_Co I TV OFFSITE WATER FLAN wROPCOVE G,a R. a R PRDP WN 2�o�ER —- — — ------ — — — 41 — BOSS&WELSH ENGINEERING OFFSITE WATER PLAN 0 117 III ------------- 1101 11'FVI wROP. 12 a OVII —_ nr aLcxA O �F lAllNl 114'WELL ANI WITH BE BORER IN PLACC'NO OPE .. LL CL TH 11 TVEB"Rm d IIIA 40 0 _ 3s 30 25 a SII �RCSS&WELSH ENGINEERING TEA CPS NG PIPE CROSS IN ma 3 WEBER ROP➢ PUBLIC EST TESV METS CO.CHARLOTTE OFFSITE WATER PLAN AND PROFILE Exhibit 4 1221 Avenue F Bay City, Texas 77414 ILYNNENGINEEPING (979) 245-8900 FIRM F-324 Project: London Ranch Estates (108 lots) 12" Offsite Waterline August 2,2023 Location: London, Texas Job No.: 37003 Item # OFF-SITE SITE WATER Qty. Unit Unit Cost Estimate 1 12" C900 Class PVC Water Line (Open Cut 8,314 LF $126.00 $1 ,047,564.00 2 Standard Fire Hydrant Assembly (w/ Valve & Tee) 2 EA $1 ,350.00 $2,700.00 3 12x2 MJ TAP CAP 2 EA $3,410.00 $6,820.00 4 2X48 GALV RDY CUT PIPE TBE 2 EA $1 ,020.00 $2,040.00 5 12" DI MJ GATELV 14 EA $8,160.00 $114,240.00 6 12" MJ TEE 1 EA $7,080.00 $7,080.00 7 13' 6" FIRE HYD 2 EA $10,500.00 $21 ,000.00 8 12" 90BENDS, 45S, LONG SLV 12X12, FASTITE 8 EA $3,000.00 $24,000.00 9 16"X12" TAPS SLV 1 EA $16,200.00 $16,200.00 10 20" DIA CASING 1/4" WALL 12X20 SPASERS 123 EA $252.00 $30,996.00 11 8" DI GATE VALV 2 EA $2,940.00 $5,880.00 12 6 MJ C153 90 BEND 2 EA $2,860.00 $5,720.00 13 6 DI MJ GATE VALVE 2 EA $2,100.00 $4,200.00 14 ITIE INN TO 16" PIPE, VALVE AND 45'S 1 EA $7,800.00 $7,800.00 15 6X13 MJSOL HYD ADPT 2 EA $1 ,620.00 $3,240.00 16 Testing & Chlorination 8,314 LF $1 .00 $8,314.00 17 Maintenance Bond - Utilities (2-Year, 10%) 1 LS $112,131 .60 $112,131 .60 Subtotal $1 ,419,925.60 10 % Contingency $141 ,992.56 Total $1 ,561 ,918.16 Water Acre Fee Credit $75,758.73 Total Reimbursement from Trust Fund $1 ,486,159.43 Exhibit 5 j DISCLOSURE OF INTERESTS l Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 plafapplication9cctexas.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: LM and JM Investments, LLC STREET: p.o Box 270245 CITY: Coprus Christi ZIP: 78427 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) 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 CERTIFICATE (To Be Notarized) 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: Linda Mikulencak Title: President 14 (Print) - Signature of Certifying Person: Date: 3/27/22 Land Development Division I Form No.4011 Revised 6/13/191 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "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. K:\DEVELOPMENTSVCS\SHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: 12/12/2023 Legistar Number: Agenda Item: One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1 ,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). Amount Required: (Amount to be Certified) $1,486,159.43 Fund Name Accounting Unit Account Amount No. Water Arterial 4030-21805-777 540450 $1 ,486,159.43 Transmission & Grid Main Trust Fund as fund become available (Future Revenues TOTAL $1,486,159.43 ❑ Certification Not Required Director of Financial Services Date: Water Arterial Transmission & Grid Main Construction Reimbursement Agreement One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1 ,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1 ,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). City Council December 12, 2023 Location Map 4 PfO�asM WPhI MnPmrem tv I h- icalFw�. L_u_1J Location Map London Ranch Estates \ Proposed Wane tmprovemem b w n 2 Total Reimbursement Estimate Item# OFF-SITE SITE WATER Qty. Unit Unit Cost Estimate 1 12"C900 Class PVC Water Line(Open Cut) 8,314 LF $126.00 $1,047,564.00 2 Standard Fire Hydrant Assembly(w/Valve&Tee) 2 EA $1,350.00 $2,700.00 3 12x2 MJ TAP CAP 2 EA $3,410.00 $6,820.00 4 2X48 GALV RDY CUT PIPE TBE 2 EA $1,020.00 $2,040.00 5 12"DI MJ GATELV 14 EA $8,160.00 $114,240.00 6 12"MJ TEE 1 EA $7,080.00 $7,080.00 7 3'6"FIRE HYD 2 EA $10,500.00 $21,000.00 8 12"90BENDS,455,LONG SLV 12X12,FASTITE 8 EA $3,000.00 $24,000.00 9 16"X12"TAPS SLV 1 EA $16,200.00 $16,200.00 10 20"DIA CASING 1/4"WALL 12X20 SPASERS 123 EA $252.00 $30,996.00 11 8"DI GATE VALV 2 EA $2,940.00 $5,880.00 12 6 MJ C153 90 BEND 2 EA $2,860.00 $5,720.00 13 6 DI MJ GATE VALVE 2 EA $2,100.00 $4,200.00 14 TIE INN TO 16"PIPE,VALVE AND45'S 1 EA $7,800.00 $7,800.00 15 6X13 MJSOL HYD ADPT 2 EA $1,620.00 $3,240.00 16 Testing&Chlorination 8,314 LF $1.00 $8,314.00 17 Maintenance Bond-Utilities(2-Year,10%) 1 LS $112,131.60 $112,131.60 Subtotal $1,419,925.60 10%Contingency $141,992.56 Total $1,561,918.16 Water Acre Fee Credit $75,758.73 Total Reimbursement from Trust Fund $1,486,159.43 3 Trust Fund Balance as of October 31 , 2023 Available Combined Trust balance as of 10/31/2023 as reported by Finance is: -$3,276.010.68 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$1,195,173.74 $539387.54 -$291139430.88 -$7069123.28 Upon approval of this as well as 3 other previous agreements, the Trust Funds will be: -$5,447,499.79 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. so �o o� A H AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 12, 2023 WoRPORPg4 1852 Second Reading Ordinance for City Council Meeting January 9, 2024 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4(a-)-cctexas.com (361) 826-3133 License Agreement for Placement & Maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park CAPTION: Resolution authorizing an agreement with City of CC SSN-705 Submarine Memorial, Inc for placement and maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park. SUMMARY: In 2016, the Sea Turtle Base of Corpus Christi started the USS City of Corpus Christi SSN-705 Submarine Memorial Inc. (USSCCC, Inc.), as a memorial and tribute to the over 3,500 submariners who served on the USS Corpus Christi. The USSCCC, Inc. is entering into an agreement with the City to donate a decommissioned submarine sail to be displayed on City property at Sherrill Veterans Memorial Park (SVMP) in the northernmost corner of the park at Cooper's Alley and South Shoreline Boulevard. The USSCCC, Inc. will be responsible for all costs related to installation and maintenance of the sail while the City will accept delivery, receipt, and conservatorship of the sail. BACKGROUND AND FINDINGS: The SSN-705 is a 26 foot long, 17-foot-tall sail from the USS City of Corpus Christi submarine. It weighs around 60 tons with the fairwater planes installed and is around 30 feet in width. The installation of the sail will include a pedestal for the sail as well as a donor plaque recognizing the USSCCC, Inc. submariners and memorial group. The USSCCC, Inc., will procure the sail from the United States Navy and will facilitate delivery, installation, and maintenance of the sail for display on City property at Sherrill Veterans Memorial Park (SVMP) no later than 24 months after the signing of the agreement by the City. The designated location for the sail is depicted in Exhibit 2 of the Agreement. In addition, the USSCCC, Inc. will provide plans for the location, landscaping, and will be responsible for all required permits prior to performing any work at the project site. The City's Engineering Department will be required to monitor the work throughout the installation process and upon completion of the installation/construction. Any repairs/alterations required by the City will be managed by the USSCCC, Inc. and construction/installation will not be completed until the work is final approved by the City's Engineering Department. The USSCCC, Inc. will be responsible for all costs related to procurement, delivery, installation, and maintenance of all components related to the sail including but not limited to the sail, donor's plaque, and walkway. Prior to installation of the sail, they will provide a final, detailed maintenance schedule to the Director of Parks & Recreation for approval. Sherrill Veterans Memorial Park (SVMP) on the City's bayfront is a place of honor where visitors can pay tribute to those who have served in the U.S. military. In December 2022, the City retained Turner-Ramirez Architects for the development of a conceptual design and master plan for SVMP. The Master Plan for SVMP was approved by Mayor/City Council in March 2023. The 10-year Parks & Recreation Master Plan identifies improvement opportunities for SVMP which can provide enhancements to conservation practices. Veterans Memorial Park is categorized as a "Special Use" park designed to accommodate varied recreational interests to attract regional/statewide audiences and serve as revenue-producing amenities for the community. Additionally, the Master Plan supports the mission of the Parks and Recreation Department by identifying important investments essential to providing quality parks and recreational resources. ALTERNATIVES: Mayor and City Council can revise or disapprove the proposed license agreement. FISCAL IMPACT: There is no fiscal impact with this License Agreement. RECOMMENDATION: Staff recommend approval of the License Agreement for placement of the Submarine Sail at Sherrill Veterans Memorial Park. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Presentation Resolution authorizing an agreement with City of CC SSN-705 Submarine Memorial, Inc for placement and maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park. 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 agreement with City of CC SSN-705 Submarine Memorial, Inc for placement and maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CITY OF CC SSN-705 SUBMARINE MEMORIAL, INC. FOR PLACEMENT AND MAINTENANCE OF THE "USS CITY OF CORPUS CHRISTI" SUBMARINE SAIL AT SHERRILL VETERANS MEMORIAL PARK THIS AGREEMENT FOR PLACEMENT AND MAINTENANCE OF THE "USS CITY OF CORPUS CHRISTI" SUBMARINE SAIL AT SHERRILL VETERANS MEMORIAL PARK ("Agreement"), is made this day of , 20_, by and between the City of Corpus Christi ("the City"), and City of CC SSN-705 Submarine Memorial, Inc.("Donor"), under which Donor will procure, deliver, and install, and the City will allow placement of the "USS City of Corpus Christi" submarine sail, (the "Sail") for display on City property at the Sherrill Veterans Memorial Park, Corpus Christi, Texas. NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. License to Place Submarine Sail. Donor agrees to work with the United States Navy ("Navy") and obtain the right to display and maintain the Sail from the submarine USS City of Corpus Christi as a memorial and tribute to the submariners who served her. In addition, Donor agrees to install and maintain the Sail at a mutually agreed-upon location within the Sherrill Memorial Veterans Park. City hereby licenses to Donor the right to place the Sail in such agreed-upon location. This license is effective from the time that Donor obtains the right from the Navy to place the Sail at the location until terminated in accordance with this Agreement. 2. Specifications of Sail. The Sail is as shown and represented in the photos included as Exhibit 1 , attached to this agreement and herein incorporated. Donor will provide to City signed and sealed plans for the location of the Sail and any decorative landscaping. The Sail may not be placed in the agreed-upon location until the City approves the plans. City may also inspect the Sail and accompanying features once it is placed in the Park and require re-work of any work that does not comply with the agreed-upon plans and specifications. Donor shall ensure that any accompanying pedestal is engineered for structural integrity and windstorm certified. While the current intent is for Donor to contract for the installation of the Sail in accordance with City requirements, the parties may, in an executed amendment or other written agreement, agree to a different arrangement, including allowing the City to procure a contractor to install the Sail with funds provided by Donor. 3. Donor's Plaque. The Sail shall include a plaque recognizing the Donor. The actual size, design, and wording of the explanatory plaque shall be subject to the final approval of the City Director of Parks and Recreation, whose approval shall not be unreasonably withheld. 4. Donor's Timeline for Completion. Donor shall procure the Sail no later than 24 months after the signing of this Agreement by the City of Corpus Christi and shall install the Sail at a time agreed to by the parties with the understanding the that Donor must diligently work toward the completion of plans and the installation of the Sail once the Sail is in Donor's possession. The Director of Parks and Recreation is authorized to approve extensions to these timelines. 5. Donor's Responsibilities. a. Donor shall be solely and exclusively responsible contacting, communicating with, and coordinating delivery of the Sail. Donor shall be solely and exclusively responsible for all costs related to procurement, delivery, installation and maintenance of the Sail. Donor shall ensure that any construction materials used on City property matches or is closely similar to the materials currently used at the site. b. Donor shall be responsible for maintaining all components related to the Sail including but not limited to the Sail, Donor's plaque and walkway. If Donor fails to adequately maintain the Sail and all components related thereto, the City may, upon 30-days' written notice and opportunity to cure, terminate this Agreement. c. Donor shall maintain a dedicated fund exclusively for the purpose of maintaining the Sail and the components related thereto. Such fund shall be kept in a separate bank account, unmixed with any other funds of Donor. The City shall have the right, upon reasonable notice and at the City's expense, to audit records of the fund for purposes of determining if adequate funds are available for this maintenance obligation. d. Donor shall provide a preliminary maintenance schedule for the approval of the City's Director of Parks and Recreation within 90 days after the receipt of the Sail from the Navy. Prior to installation of the Sail, Donor will provide a final, detailed maintenance schedule to the City's Director of Parks and Recreation for approval. Once such maintenance schedule is reviewed and approved, Donor must comply with all requirements of the maintenance schedule. In maintaining the Sail, Donor must use paint and materials that are appropriate for the environment and resistant to graffiti or other vandalism. The maintenance schedule may be amended from time to time with the written approval of both Parties. Any changes that include an impact to the City's budget may require City Council approval. e. Donor shall provide a maintenance bond, in a form approved by the City Attorney, in an amount sufficient to cover six months of routine maintenance on the Sail, as determined by the approved maintenance schedule. Such maintenance bond must be provided prior to the installation of the Sail and renewed annually with the amount updated based on inflation and the approved maintenance schedule. 6. Compliance with laws. Donor shall ensure that all work performed on the City property complies with all applicable City, State, and Federal codes, statutes, ordinances, and regulations. Donor shall be responsible to obtain all required permits prior to performing any work at the Project Site. 7. Termination. Either Party may terminate this Agreement at any time upon 90- days' written notice. Donor will, within 90 days following the end of any notice or cure period and at its own expense, remove the Sail and all components related thereto and restore the City's property to approximately the same condition as it was in prior to the installation of the Sail and its related components. 8. Project Site. Donor shall arrange for the delivery and installation of the Sail and any accompanying pedestal at the location in Sherrill Park as depicted in the attached Exhibit 2 (the "Project Site"). Should City Parks and Recreation, Engineering, or Corpus Christi Water staff determine that this location is not suitable for the installation due to engineering structural analysis or impact to City utility infrastructure, or other reason, then the Director of Parks and Recreation is authorized to work with Donor to identify another more suitable location for placement of the Sail. 9. City's Responsibilities. The City shall accept delivery, receipt and conservatorship for the sail from the Donor at a mutually acceptable time and place. 10. Risk of Loss or Damage. Donor shall be solely responsible and assume all risk of loss or damage to the Sail, including any loss due to a natural or man-made disaster, and shall maintain adequate property insurance on the Sail. In the event that the Sail is damaged or destroyed, Donor must repair or remove the Sail as soon as practicable after notice from the City of the requirement for repair or removal if repair is not practical. In no event will the time allowed for the repair or removal of the Sail exceed one year without written authorization of the City's Director of Parks and Recreation. 11. Installation of Sail. Donor shall insure that its engineer and its contractor hired by Donor to design and install the Sail and associated components presents and reviews the engineering plans and construction plans with the Engineering and Parks and Recreation Departments for their prior approval. Donor must include, in all construction contracts entered into for the installation of the Sail and any additional components described herein, a provision requiring the Donor's contractor, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. Further, Donor must include, in all construction contracts entered into for the installation of the Sail and any additional components described herein, a requirement that the contractor(s) comply with the bonding requirements in Chapter 2253 of the Texas Government Code, including the requirement to provide a payment bond for all agreements in excess of $50,000 and a performance bond for all agreements in excess of $100,000. Donor must allow the City's Engineering Department to inspect the Sail and the construction and installation work throughout the installation process and upon completion of the installation and construction. Donor must make repairs and alterations as required by the City's Engineering Department until the final construction and installation is completed and the work approved by the City's Engineering Department. 12. Insurance and Waivers. Donor shall require all of its contractors to obtain the insurance described in the attached Exhibit 3 and applicable permits prior to beginning work on City property. Donor shall include in all contracts related to the Sail a requirement that the contractor require all subcontractors to obtain the insurance described in the attached Exhibit 3 and applicable permits prior to beginning work on City property. Further, Donor acknowledges that the City is not responsible for any damage to the Sail and will not provide property insurance coverage for the Sail. Donor understands that the City will not provide insurance coverage for the Sail. Donor will require all volunteers or employees to sign a liability waiver in a form approved by the City Attorney prior to beginning any work on City property. Donor will limit any work done by employees or volunteers to routine maintenance, such as cleaning and painting, and will not make any capital improvements or repairs except through a qualified contractor who has provided the required insurance described in the attached Exhibit 3. 13. Relationship of Parties. No agent, employee, representative or contractor of Donor shall be deemed to be the employee, agent, representative or contractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to Donor or its employees, agents, representatives or contractors. City is not responsible for the acts of Donor's agents, employees, representatives, contractors, or volunteers. 14. Indemnification/Hold Harmless. Donor shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. 15. Entire Agreement. The written provisions and terms of this Agreement, together with all documents attached hereto, shall supersede all prior verbal statements of any officer or representative of and such statements shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 16. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and Donor. 17. Assignment. Any assignment of this Agreement by Donor without the written consent of the City Director of Parks and Recreation shall be void. 18. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereinafter specified in writing. 19. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options and the same shall be and remain in full force and effect. 20. Disclosure of Interests. Donor agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Donor agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Agreement. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Donor 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. 21. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. In the event of litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year above written. CITY OF CORPUS CHRISTI By: Name: Heather Hurlbert Title: Assistant City Manager Date: Approved as to Legal Form: By: Aimee Alcorn-Reed, Assistant City Attorney for the City Attorney Address: City of Corpus Christi Ann: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, TX 78401 r USS City of Corpus Christi SSN-705 Submarine Memorial, Inc. NAME: Glenn MacDonald TITLE: Director DATE: l2 PIC, y' 23 DONOR MAILING ADDRESS: PO Box 60014 Corpus Christi, Texas 78466 EXHIBIT 1 d& 705 hl'.. 8 �IY711 Physical Description SSN705 Length: 26 ft 3 In Height: 17 ft Width: 5ft(excluding fairwater planes) 30 ft (including fairwater planes) Weight: approx. 120,000 lbs (60 tons) with fairwater planes installed EXHIBIT 2 Insert Master Plan from the City. folk � ham. EXHIBIT 3 INSURANCE REQUIREMENTS I. DONOR'S LIABILITY INSURANCE A. Donor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Donor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Donor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured 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 Bodily Injury and Property Damage of cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL $1,000,000 Per Occurrence LIABILITY 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 Exhibit. not domiciled in Texas) $500,000/$500,000/$500,000 Employer's Liability PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations (Required for Engineering Services) regarding who is insured. POLLUTION LIABILITY $1,000,000 Per Incident Limit Including Cleanup and Remediation (If Applicable) RIGGERS' LIABILITY $1,000,000 Per Occurrence If Applicable) C. In the event of accidents of any kind related to this contract,Donor 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, Donor 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 Donor is not domiciled in the State of Texas. B. Donor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Donor'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. Donor 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. Donor 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,Donor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Donor'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 Donor'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 Donor to stop work hereunder, and/or withhold any payment(s)which become due to Donor hereunder until Donor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Donor may be held responsible for payments of damages to persons or property resulting from Donor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Donor'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 Legal Dept. -Parks and Recreation Agreement for Submarine Sail Memorial at Sherrill Park 12/15/2022 Risk Management—Legal Dept. Note: This Exhibit is subject to change based on the final scope of operations. Upon determining the full scope of operations, Risk Management will perform a final assessment and apply adjustments to insurance coverages and limits where necessary. CORPUS CHRISTI PARKS& RECREATION License Agreement for Placement & Maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park City Council Meeting December 12, 2023 Background CORPUS / CHRISTI • In 2016, the Sea Turtle Base of Corpus Christi started the USS City of Corpus Christi SSN-705 Submarine Memorial Inc. (USSCCC, Inc). • The USSCCC, Inc will donate a decommissioned submarine sail to the City to memorialize the over 3500 submariners who served on the USS Corpus Christi. • The License Agreement allows the placement of the Sail for display on City property at Sherrill Veterans Memorial Park (SVMP). • The SVMP Master Plan was approved by Mayor/City Council in March 2023. • The SVMP Master Plan includes the Sail and places it in the northernmost corner of the park at Cooper's Alley & South Shoreline Boulevard. SVMP Master Plan Rendering \ CHRISTI ,� -_i• � aeccienrior� 4 i i _ Submarine Sail r .� lisp � m Rendering Provided by USSCCC, Inc. - �.. CHRISTI PA RK56 RECREATION The memorial footprint is approximately sixty feet by seventy feet. A 09& License Agreement % l . GOFaPtJS CHRISTI • The USSCCC, Inc. shall be solely & exclusively responsible for all aARAso costs related to procurement, delivery, installation & maintenance of all components to the Sail including but not limited to the Sail, Donor's plaque & walkway. • The USSCCC, Inc. will provide to the City signed/sealed plans for the Sail & any decorative landscaping. • The USSCCC, Inc. shall be responsible to obtain all required permits prior to performing any work at the project site. • The City shall accept delivery, receipt, and conservatorship of the Sall. 5 Recommendation GOFIRUE3 CHRISTI PARK56 iiECREATION • Staff recommends approval of the License Agreement for the placement of the submarine sail at Sherrill Veterans Memorial Park. 6 �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure wesleyna-cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award Ship Channel Waterline and Gas Line Crossing Rebid CAPTION: Motion awarding a construction contract to Clark Pipeline Services, LLC., Corpus Christi, Texas, for the Ship Channel Waterline and Gas Line Crossing Rebid project implemented as a part of the Port of Corpus Christi Ship Channel widening and deepening, with Port of Corpus Christi reimbursing 50% of the project cost, located in Council District 1, in an amount of$11,926,133.40, with FY 2024 funding available from the Water and Gas Capital Fund. SUMMARY: This motion is to award a construction contract for the Ship Channel Waterline and Gas Line Crossing Rebid project. The project will provide for the construction of a new 24-inch waterline and an 8-inch gas line crossing the Ship Channel at Tule Lake. BACKGROUND AND FINDINGS: On April 23, 2018 United States Army Corps of Engineers (USACE) notified the City to remove the existing twin 16-inch water mains crossing the ship channel by January 1, 2019. The reason for USACE's request was due to the twin 16-inch water mains conflicting with proposed improvements that the USACE and Port of Corpus Christi were making as part of their project to widen and deepen the ship channel. The City responded to the USACE directive on June 13, 2018, stating the deadline was unrealistic due to multiple reasons. The reasons for the deadline being unrealistic were the City needed to perform engineering for water quality for North Beach area, hydraulic modeling scenarios, determine feasibility of construction and cost estimates, determine solutions, brief City Council, and determine funding, design, and award construction. In that same response, the City also requested an extension to the deadline from January 1, 2019 to June 1, 2020 in order to allow enough time to remove the twin 16-inch water mains. The extension was granted and the City worked with the Port of Corpus Christi to get the project completed before USACE started dredging. The removal of the mains is being performed under a separate contract. The removal of the water mains was performed and completed (November 2023) by another contractor. Currently, the area along Joe Fulton is being served by an existing 16" water main that dead ends (the looped waterline was removed when the twin 16"waterlines were removed), and there is no gas service. The proposed construction contract award will allow for the installation of the new water main creating a looped water main with increased pressure for fire protection and extend gas to the service area. The installation will be at a different location than the existing mains that were removed. City staff then prepared an Interlocal Cooperation Agreement (ILA) with the Port of Corpus Christi to address costs incurred with relocation of the water main that is creditable to the City per Federal law. The ILA was approved on August 29, 2023. The Port of Corpus Christi through the ILA will reimburse the City 50% of the actual costs of planning, engineering and design, project management, geotechnical, environmental, cultural and engineering studies, surveying, removing the two 16-inch waterlines, and installing the new 24-inch waterline. This number will amount to approximately $7.1 million. This project scope includes the installation of a new 24-inch waterline beneath the ship channel at Tule Lake. The scope also includes a new 8-inch gas line to be installed beneath the ship channel parallel to the new waterline. The 24-inch waterline is approximately 6,800 linear feet and requires a combination of construction techniques, including horizontal directional drilling, open trench, and auger bore. The 8-inch gas line is approximately 6,850 linear feet and requires a combination of horizontal directional drilling and open trench construction methods. A new gas main is also included in this project in order to provide redundancy to gas customers north of the ship channel. By including the new gas main as part of this project, it will provide significant cost savings to the City by installing it along with the new 24-inch waterline. This project was previously bid. All bids were rejected for errors in bidding documentation or not meeting minimum experience. As a result, the project was rebid. PROJECT TIMELINE: 2020 - 2023 12024 - 2025 February - January February - December January - March Design Bid/Rebid/Award Construction The project schedule reflects City Council award in December 2023. The construction duration is planned for 14 months from issuance of the Notice to Proceed to begin construction in January 2024 with completion in March 2025. PROCUREMENT DETAIL: The Contracts and Procurement Department issued a Request for Bids for the project on April 19, 2023. The City received bids from seven bidders. All seven bidders failed to demonstrate qualified project experience or failed to meet the minimum self-performance requirement. All bidders were determined to be non-responsive. Contracts and Procurement did reach out to the low bid contractor to provide similar experience, however, the contractor did not provide anything. The second low bidder did not provide correct document and experience, and the third low bidder did not provide experience. All contractors had either issues with providing the correct documentation or providing similar project experience. Therefore, the determination was made to rebid project. The project was re-advertised for bid on September 25, 2023, and the bids were opened on October 25, 2023. The City received bids from three bidders, with the low bid submitted by Clark Pipeline Services, LLC. The City analyzed the bids in accordance with the contract documents and determined Clark Pipeline Services, LLC. to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Clark Pipeline Services, LLC $11,926,133.40 Miller Bros. $12,187,606.63 Resicom, Inc. $15,227,589.00 Engineer's Opinion of Probable Construction Cost $12,986,000.00 Clark Pipeline Services, LLC. has experience with horizontal directional drilling and potable water projects to include Water IDIQ (Small and Large Diameter) for $5,100,000, Alameda Project for $5,175,380.43, and Navigation Project for $7,801,000. Furthermore, Clark Pipeline Services, LLC.'s subcontractor has the appropriate steel horizontal directional drilling experience needed to complete the work for this project to include large diameter waterline HDD for the City of Corpus Christi, Brazos Port Water Authority, and Port of Corpus Christi. ALTERNATIVES: The alternative is not to award the proposed construction contract to Clark Pipeline Services, LLC. However, this would delay the redundant waterline improvements and the addition of a new gas line. FISCAL IMPACT: The fiscal impact for the FY 2024 is an amount of$11,926,133.40 with funding available from the Water and Gas Capital Fund. The Capital Improvement Program (CIP) shows 18156 Ship Channel Water Line Relocation has $9,909,787 and Gas line addition has $2,047,420 available for construction. There are no prior year construction expenditures on the project. This project was initially planned to be awarded in August 2023/September 2023, but the bids were rejected as the bidders failed to demonstrate qualified project experience. The project was readvertised for bids on September 25, 2023. The shortfall in funding for the gas line relocation is funded from the project savings of Everhart (SPID to Alameda) $86,295.87, Rodd Field (Yorktown to Adler) $16,961.43, Frontier (McKenzie to Rockwood) $164,605 and Hearn (Dead End to Callicotte) $201,000. FUNDING DETAIL: Fund: Water 4080 CIP (Fund 4080) — Port of CC ILA funding Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Ship Channel Waterline and Gas Line (Project 18156A) Account: Construction (550910) Activity: 18156-A-4080-EXP Amount: $4,723,159.66 Fund: Water 2023 CIP (Fund 4486) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Ship Channel Waterline and Gas Line (Project 18156A) Account: Construction (550910) Activity: 18156-A-4486-EXP Amount: $4,723,159.66 Fund: Gas 2023 CIP (Fund 4562) Department: Gas (11) Organization: Grants & Capital Projects Funds (89) Project: Ship Channel Waterline and Gas Line (Project 18156A) Account: Construction (550910) Activity: 18156-A-4562-EXP Amount: $2,479,814.08 Overall Contract Total $11,926,133.40 RECOMMENDATION: Staff recommends awarding the construction contract for the Ship Channel Waterline and Gas Line Crossing Rebid project to Clark Pipeline Services, LLC., as presented. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY, UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART A-WATER GENERAL Al Mobilization(5%Max.Part A) 1 LS $ 17,990.00 $ 17,990.00 $ 12,000.00 $ 12,000.00 $ 12,600.00 $ 12,600.00 A2 Bonds&Insurance 1 AL $ 155,000.00 $ 155,000.00 $ 150,000.00 $ 150,000.00 $ 15,000.00 $ 15,000.00 A3 Pre-Construction Exploratory 1 LS $ 42,000.00 $ 42,000.00 $ 17,500.00 $ 17,500.00 $ 35,000.00 $ 35,000.00 A4 Traffic Control Plan&Preparation 1 LS $ 4,200.00 $ 4,200.00 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 A5 Traffic Control Plan Mobilization/Adjustments 1 LS $ 5,520.00 $ 5,520.00 $ 3,750.00 $ 3,750.00 $ 6,000.00 $ 6,000.00 A6 Traffic Control Items(Barricades,Signs,&Traffic Handling) 14 MO $ 2,310.00 $ 32,340.00 $ 750.00 $ 10,500.00 $ 2,500.00 $ 35,000.00 A7 Stormwater Pollution Prevention Plan 1 LS $ 12,000.00 $ 12,000.00 $ 6,100.00 $ 6,100.00 $ 15,000.00 $ 15,000.00 A8 Stabilized Constructions Entrance 3 EA $ 7,500.00 $ 22,500.00 $ 7,450.00 $ 22,350.00 $ 5,500.00 $ 16,500.00 A9 Revegetate Disturbed Upland Areas(Hydromulch) 13.500 SY $ 2.80 $ 37,800.00 $ 1.56 $ 21,060.00 $ 2.00 $ 27,000.00 A10 Silt Fence 2.820 LF $ 7.50 $ 21,150.00 $ 4.10 $ 11,562.00 $ 6.00 $ 16,920.00 All Turbidity Curtains 1.140 LF $ 23.95 $ 27,303.00 $ 17.55 $ 20,007.00 $ 75.00 $ 85,500.00 SUBTOTAL PART A-WATER GENERAL(Items Al thru All) $ 377,803.00 $ 278,329.00 $ 269,520.00 PART B-WATER IMPROVEMENTS B1 Mobilization(5%Max.Part B) 1 LS $ 420,000.00 $ 420,000.00 $ 440,000.00 $ 440,000.00 $ 535,000.00 $ 535,000.00 B2 HDD Staging&Construction Areas-Includes Clearing and Dirtwork, 1 LS $ 78,000.00 $ 78,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 as Necessary Page 1 of 6 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B3 24" Steel Waterline Welding, Staging, Handling & Testing (HDD 4,749 LF $ 305.00 $ 1,448,445.00 $ 529.20 $ 2,513,170.80 $ 175.00 $ 831,075.00 Support) B4 24"Steel Waterline HDD Installation 4,749 LF $ 489.22 $ 2,323,305.78 $ 432.54 $ 2,054,132.46 $ 946.00 $ 4,492,554.00 B5 Remove 24"HDD-Installed Steel Waterline 103 LF $ 81.33 $ 8,376.99 $ 115.66 $ 11,912.98 $ 325.00 $ 33,475.00 B6 24" Steel Waterline Welding, Staging, Handling & Testing 1,975 LF $ 305.00 $ 602,375.00 $ 221.86 $ 438,173.50 $ 175.00 $ 345,625.00 (Conventional Trenching Support) B7 24"Steel Waterline Installation Via Conventional Trenching 1,975 LF $ 335.50 $ 662,612.50 $ 532.83 $ 1,052,339.25 $ 554.00 $ 1,094,150.00 B8 24" C900 (DR 18) PVC Waterline Installation Via Conventional 45 LF $ 353.45 $ 15,905.25 $ 529.34 $ 23,820.30 $ 534.00 $ 24,030.00 Trenching B9 Pipe Trench Safety 2,055 LF $ 18.00 $ 36,990.00 $ 2.00 $ 4,110.00 $ 25.00 $ 51,375.00 B10 Temporary Dragline Timber Mat Roadway-Tule Lake (1,160'x64' 148,480 SF $ 10.20 $ 1,514,496.00 $ 10.15 $ 1.507,072.00 $ 14.00 $ 2,078,720.00 Double Mat) B11 Temporary Dragline Timber Mat Roadway-CITGO(180'x50'Double 18,000 SF $ 10.00 $ 180,000.00 $ 10.15 $ 182,700.00 $ 14.00 $ 252,000.00 Ma B12 Trench Dewatering 2,055 LF $ 150.00 $ 308,250.00 $ 175.95 $ 361,577.25 $ 66.00 $ 135,630.00 B13 36"Auger Bore Steel Casing with 24"C900 (DR 18)PVC Carrier 145 LF $ 1,240.40 $ 179,858.00 $ 1,081.59 $ 156,830.55 $ 1,200.00 $ 174,000.00 Pipe B14 Pit Trench Safety 2 EA $ 66,000.00 $ 132,000.00 $ 2,500.00 $ 5,000.00 $ 34,000.00 $ 68,000.00 B15 Casing End Seal 2 EA $ 2,580.00 $ 5,160.00 $ 150.00 $ 300.00 $ 250.00 $ 500.00 B16 Cathodic Protection General-Water 1 LS $ 60,000.00 $ 60,000.00 $ 100,000.00 $ 100,000.00 $ 31,000.00 $ 31,000.00 B17 Rectifier,Electrical Enclosure,And Concrete Pad 1 EA $ 30,000.00 $ 30,000.00 $ 25,000.00 $ 25,000.00 $ 19,500.00 $ 19,500.00 B18 Deep Anode Well With High-Silicon Cast Iron Anodes 1 EA $ 52,800.00 $ 52,800.00 $ 25,000.00 $ 25,000.00 $ 38,000.00 $ 38,000.00 B19 Insulating Joint/Bonding Test Station 1 EA $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 2,300.00 $ 2,300.00 Page 2 of 6 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B20 Dielectric Insulating Joint 1 EA $ 10,800.00 $ 10,800.00 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 B21 Foreign Pipeline Test Station 5 EA $ 9,000.00 $ 45,000.00 $ 2,000.00 $ 10,000.00 $ 11,000.00 $ 55,000.00 B22 Valve Insulating Joint Test Station 1 EA $ 3,000.00 $ 3,000.00 $ 2,000.00 $ 2,000.00 $ 2,300.00 $ 2,300.00 B23 2-Pipeline Bonding Test Station 2 EA $ 3,000.00 $ 6,000.00 $ 2,000.00 $ 4,000.00 $ 3,800.00 $ 7,600.00 B24 Final System Checkout 1 LS $ 18,000.00 $ 18,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 B25 24"Cut In Tee 2 EA $ 21,720.00 $ 43,440.00 $ 14,386.25 $ 28,772.50 $ 22,000.00 $ 44,000.00 B26 24"45 Degree Bends(MJ) 2 EA $ 4,920.00 $ 9,840.00 $ 4,279.50 $ 8,559.00 $ 4,800.00 $ 9,600.00 B27 24"End Cap 1 EA $ 4,506.00 $ 4,506.00 $ 2,829.50 $ 2,829.50 $ 2,500.00 $ 2,500.00 B28 24"GV&Box 3 EA $ 35,635.20 $ 106,905.60 $ 36,898.33 $ 110,694.99 $ 42,016.00 $ 126,048.00 B29 24"x16"Reducer 1 EA $ 4,710.00 $ 4,710.00 $ 3,094.50 $ 3,094.50 $ 4,200.00 $ 4,200.00 B30 16"D.I.(CL350)Waterline Spool Pieces 35 LF $ 249.72 $ 8,740.20 $ 163.60 $ 5,726.00 $ 285.00 $ 9,975.00 B31 Connect To Existing 16"PVC Waterline(North Side) 2 EA $ 4,440.00 $ 8,880.00 $ 6,042.50 $ 12,085.00 $ 10,400.00 $ 20,800.00 B32 Connect To Existing 24"Ductile Iron Waterline(South Side) 1 LS $ 10,482.00 $ 10,482.00 $ 7,340.00 $ 7,340.00 $ 12,000.00 $ 12,000.00 B33 16"Single Line Stop&Dewatering 1 EA $ 31,800.00 $ 31,800.00 $ 23,230.00 $ 23,230.00 $ 31,000.00 $ 31,000.00 B34 16"45 Deg Bend 4 EA $ 1,602.00 $ 6,408.00 $ 2,453.00 $ 9,812.00 $ 2,500.00 $ 10,000.00 B35 16"Tee 1 EA $ 4,200.00 $ 4,200.00 $ 3,363.00 $ 3,363.00 $ 3,600.00 $ 3,600.00 B36 16"GV&B 2 EA $ 15,819.60 $ 31,639.20 $ 13,982.00 $ 27,964.00 $ 16,500.00 $ 33,000.00 Page 3 of 6 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B37 Fire Hydrant with 24"x6"TS&V 1 EA $ 16,062.00 $ 16,062.00 $ 11,216.00 $ 11,216.00 $ 16,000.00 $ 16,000.00 B38 Fire Hydrant with 16"x6"TS&V 1 EA $ 14,827.20 $ 14,827.20 $ 11,216.00 $ 11,216.00 $ 15,000.00 $ 15,000.00 B39 2'.Single Body Combination Air and Vacuum Valve in 5'Diam.F/G 2 LS $ 19,956.00 $ 39,912.00 $ 20,480.00 $ 40,960.00 $ 26,000.00 $ 52,000.00 Manhole B40 C.O.C.C.Waterline Marker 13 EA $ 1,080.00 $ 14,040.00 $ 150.00 $ 1,950.00 $ 300.00 $ 3,900.00 B41 Full Depth Pavement Repair(To Be Used If Necessary For Bid Item 30 SY $ 270.00 $ 8,100.00 $ 250.00 $ 7,500.00 $ 155.00 $ 4,650.00 B42 Install Bored 4"HDPE Crossing For Electrical Service 63 LF $ 304.80 $ 19,202.40 $ 125.00 $ 7,875.00 $ 45.00 $ 2,835.00 B43 New Electrical Service&Meter Pole 1 LS $ 30,000.00 $ 30,000.00 $ 45,000.00 $ 45,000.00 $ 150,000.00 $ 150,000.00 B44 Connect New Meter To Rectifier 1 LS $ 7,447.20 $ 7,447.20 $ 10,000.00 $ 10,000.00 $ 55,000.00 $ 55,000.00 B45 Allowance For UPRR Construction Fees & Coordination 1 AL $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 (MANDATORY) B46 Allowance For Unanticipated Water Improvements(MANDATORY) 1 AL $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 $ 350,000.00 SUBTOTAL PART B-WATER IMPROVEMENTS(Items B1 thru B46) $ 9,068,516.32 $ 9,851,326.58 $ 11,423,942.00 PARTC-GASIMPROVEMENTS C1 Mobilization(5%Max.Part C) 1 LS $ 78,000.00 $ 78,000.00 $ 75,000.00 $ 75,000.00 $ 165,000.00 $ 165,000.00 C2 Bonds and Insurance 1 AL $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 $ 102,000.00 $ 102,000.00 C3 8"Steel Gas Line HDD Pipe Entry Staging Area-Includes Clearing 1 LS $ 48,000.00 $ 48,000.00 $ 15,500.00 $ 15,500.00 $ 35,000.00 $ 35,000.00 and Dirtwork,as Necessary C4 8" Steel Gas Line Welding, Staging, Handling & Testing (HDD 5,909 LF $ 100.00 $ 590,900.00 $ 108.73 $ 642,485.57 $ 98.00 $ 579,082.00 Support) Page 4 of 6 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT C5 8"Steel Gas Line HDD Installation 5,909 LF $ 184.06 $ 1,087,610.54 $ 115.00 $ 679,535.00 $ 321.00 $ 1,896,789.00 C6 Remove 8"HDD-Installed Steel Gas line 112 LF $ 76.00 $ 8,512.00 $ 89.29 $ 10,000.48 $ 75.00 $ 8,400.00 C7 8" Steel Gas Line Welding, Staging, Handling & Testing 909 LF $ 120.00 $ 109,080.00 $ 123.07 $ 111,870.63 $ 125.00 $ 113,625.00 (Conventional Trenching Support) C8 8"Steel Gas Line Conventional Trenching 909 LF $ 127.06 $ 115,497.54 $ 143.98 $ 130,877.82 $ 325.00 $ 295,425.00 C9 Pipe Trench Safety 909 LF $ 12.00 $ 10,908.00 $ 2.00 $ 1,818.00 $ 25.00 $ 22,725.00 C10 Trench Dewatering 909 LF $ 150.00 $ 136,350.00 $ 175.95 $ 159,938.55 $ 84.00 $ 76,356.00 C11 Cathodic Protection General-Gas 1 LS $ 30,000.00 $ 30,000.00 $ 10,000.00 $ 10,000.00 $ 14,000.00 $ 14,000.00 C12 Insulating Joint/Bonding Test Station 2 EA $ 4,800.00 $ 9,600.00 $ 1,000.00 $ 2,000.00 $ 3,300.00 $ 6,600.00 C13 Foreign Pipeline Test Station 1 EA $ 9,000.00 $ 9,000.00 $ 1,000.00 $ 1,000.00 $ 3,300.00 $ 3,300.00 C14 Final System Checkout 1 LS $ 18,000.00 $ 18,000.00 $ 5,000.00 $ 5,000.00 $ 6,300.00 $ 6,300.00 C15 C.O.C.C.Gas Pipeline Marker 13 EA $ 1,080.00 $ 14,040.00 $ 150.00 $ 1,950.00 $ 325.00 $ 4,225.00 C16 8"End Caps 2 EA $ 570.00 $ 1,140.00 $ 337.50 $ 675.00 $ 2,500.00 $ 5,000.00 C17 Yellow SCH 40 PVC Marker To Indicate End Of Pipe 2 EA $ 588.00 $ 1,176.00 $ 150.00 $ 300.00 $ 150.00 $ 300.00 C18 Allowance For UPRR Construction Fees & Coordination 1 AL $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 (MANDATORY) C19 Allowance For Unanticipated Gas Improvements(MANDATORY) 1 AL $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 SUBTOTAL PART C-GAS IMPROVEMENTS-(Items C1 thru C19) $ 2,479,814.08 $ 2,057,951.05 $ 3,534,127.00 Page 5 of 6 TABULATION OF BIDS DEPARTMENT OF CAPITAL PROGRAMS-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Eric Villarreal,P.E. -LNV,Inc.an Ardurra Company ENGINEER'S ESTIMATE: $12,986,000.00 BID DATE: Wednesday,October 25,2023 TIME OF COMPLETION: 420 Calendar Days CLARK PIPELINE SERVICES,LLC MILLER BROS. RESICOM,INC. PROJECT:SHIP CHANNEL WATERLINE AND GAS LINE CROSSING RE-BID RFB 5312-PROJECT NO.18156A 6229 LEOPARD STREET 5251 TACCO DRIVE 5909 WEST LOOP SOUTH 560 CORPUS CHRISTI,TX 78409 SAN ANTONIO,TX 78219 BELLAIRE,TX 77401 ITEM DESCRIPTION QTY. I UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 11 UNIT PRICE I AMOUNT BID SUMMARY SUBTOTAL PART A-WATER GENERAL(Items Al thru All) $ 377,803.00 $ 278,329.00 $ 269,520.00 SUBTOTAL PART B-WATER IMPROVEMENTS(Items B1 thru B46) $ 9,068,516.32 $ 9,851,326.58 $ 11,423,942.00 SUBTOTAL PART C-GAS IMPROVEMENTS(Items Cl thru C19) $ 2,479,814.08 $ 2,057,951.05 $ 3,534,127.00 TOTAL PROJECT COST(PARTS A thru C) $ 11,926,133.40 $ 12,187,606.63 $ 15,227,589.00 Page 6 of 6 Corpus Chr sti Engineering Ship Channel Waterline and Gas Line Crossing Council Presentation .= December 12, 2023 \ Project Location rA; cR m © Engineering | , * p� - y : . . . =z� AERIAL MA »< . ° PROJECT NUMBEmm Pro' Scope Sco l p Carpus Chr sti Engineering Proposed improvements is as follows: • Project includes installation of approximately 6,800 linear feet of 24-inch waterline beneath the Ship Channel at Tule Lake via HDD, open trench, and auger bore construction. • Project also includes the installation of approximately 6,860 linear feet of 8-inch gas line via HDD and open trach construction. Project Schedule Corpus Chr sti Engineering 2020 - 2023 2023 2024 - 2025 February - January February - December January - March Design Bid/Rebid/Award Construction Projected Schedule reflects City Council award in December 2023 with anticipated completion in March 2025. ULE LAKE W Es ta PROJECT LOCATION A�aar � m S N r � CORPUS CHRISTI BAY �y e� VICINITY MAP .11TE— NOT TO SCALE Q cc 9, O I P.24-INCH WATER& c 8-INCH GAS STEEL LINES z .a ` LL N vp. y W i, s r � b w T TWO REMOVED 16-INCH o Ny O i WATERLINE a 2N LEGEND - ' u PROP.24-INCH WATER& 8-INCH GAS STEEL LINES Ji. TWO REMOVED 16-INCH WATERLINE AERIAL MAP f NOT TO SCALE PROJECT NUMBER: 18156A SHIP CHANNEL WATERLINE AND CITY COUNCIL EXHIBIT , di CITY OF CORPUS CHRISTI,TEXAS `• GAS LINE CROSSING - REBID DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 18156 Current CIP Page Project Name Ship Channel Water Line Relocation Type Improvement/Additions Department Water Department . Useful Life 40 years Contact Director of Water Utilities ` Category Water Distribution Priority Critical-Asset Condition\longevity Z Council District 1 j Coastal Bend Regional System W, Status Active _... � -� Elements Description This project is to relocate the existing two 16-in water line crossing the Ship Channel at the Avery Point. The U.S Army Engineering District, Galveston(USAED)will soon commence the deepening and widening of the Corpus Christi Ship Channel. This project is to relocate the existing two 16-in water line crossing the Ship Channel at the Avery Point as required by the USAED to facilitate the construction of Ship Channel deepening. The demolition of the existing two 16-in water lines was planned by the Utilities in-house engineering.City has requested a Consultant Engineer to evaluate the relocation options. This is a 50/50 cost sharing project between the City and the Port of Cor us Christi. Justification The Ship Channel deepening project will be delayed. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 4,250,000 5,659,787 9,909,787 Design 2,050,000 2,050,000 Eng,Admin Reimbursements 506,196 300,000 806,196 Tom 6,806,196 5,959,787 12,765,983 Funding Sources Prior Years 2024 2025 2026 Total Port of Corpus Christi 3,403,098 2,979,893 6,382,991 Revenue Bonds 3,403,098 2,979,894 6,382,992 Total 6,806,196 5,959,787 12,765,983 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 388 Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 18156 Revised CIP Page Project Name Ship Channel Water Line Relocation 77�� Type Improvement/Additions Department Water Department . Useful Life 40 years Contact Director of Water Utilities ` Category Water Distribution Priority Critical-Asset Condition\longevity Z Council District 1 j Coastal Bend Regional System W, Status Active _... � -� Elements Description This project is to relocate the existing two 16-in water line crossing the Ship Channel at the Avery Point. The U.S Army Engineering District, Galveston(USAED)will soon commence the deepening and widening of the Corpus Christi Ship Channel. This project is to relocate the existing two 16-in water line crossing the Ship Channel at the Avery Point as required by the USAED to facilitate the construction of Ship Channel deepening. The demolition of the existing two 16-in water lines was planned by the Utilities in-house engineering.City has requested a Consultant Engineer to evaluate the relocation options. This is a 50/50 cost sharing project between the City and the Port of Cor us Christi. Justification The Ship Channel deepening project will be delayed. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 9,909,787 9,909,787 Design 2,050,000 2,050,000 Eng,Admin Reimbursements 506,196 300,000 806,196 Tom 2,556,196 10,209,787 12,765,983 Funding Sources Prior Years 2024 2025 2026 Total Port of Corpus Christi 1,278,098 5,104,893 6,382,991 Revenue Bonds 1,278,098 5,104,894 6,382,992 Total 2,556,196 10,209,787 12,765,983 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. Capital Improvement Plan 2024 thrl, 2026 City of Corpus Christi, Texas Project# 18156 Current CIP Page ` Project Name Ship Channel Gas Line Addition Type Improvement/Additions Department Gas _ . Useful Life 40 years Contact Director of Gas Operations Category Gas Priority Critical-Asset Condition\longevity Council District 1 Coastal6end Regional Water Status Active System _. -� Elements Description `` d The U.S Army Engineering District,Galveston(USAED)will soon commence the deepening and widening of the Corpus Christi Ship Channel. Due to this the existing water main crossing the Ship Channel at the Avery Point needs to be relocated as required by the USAED to facilitate the construction of Ship Channel deepening.As part of this a new gas main is being included in the relocation project to provide redundancy to gas customers north of the Ship Channel and provide significant cost savings to the City by installing the two mains at the same time. Justification Provide redundancy to gas customers north of the Ship Channel. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 1,250,000 797,420 2,047,420 Design 374,604 374,604 Eng,Admin Reimbursements 149,639 80,000 229,639 Total 1,774,243 677,420 2,651,663 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 1,774,243 877,420 2,651,663 Tom 1,774,243 677,420 2,651,663 Budget Imipact/®thea An assessment will be done upon completion of project to determine maintenance costs. 290 Capital Improvement Plan 2024 thrl, 2026 City of Corpus Christi, Texas Project# 18156 Revised CIP Page ` Project Name Ship Channel Gas Line Addition Type Improvement/Additions Department Gas . Useful Life 40 years Contact Director of Gas Operations Category Gas Priority Critical-Asset Condition\longevity Council District 1 Coastal6end Regional Water Status Active System _. -� Elements Description `` d The U.S Army Engineering District,Galveston(USAED)will soon commence the deepening and widening of the Corpus Christi Ship Channel. Due to this the existing water main crossing the Ship Channel at the Avery Point needs to be relocated as required by the USAED to facilitate the construction of Ship Channel deepening.As part of this a new gas main is being included in the relocation project to provide redundancy to gas customers north of the Ship Channel and provide significant cost savings to the City by installing the two mains at the same time. Justification Provide redundancy to gas customers north of the Ship Channel. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 2,479,814 2,479,814 Design 374,604 374,604 Eng,Admin Reimbursements 149,639 80,000 229,639 Total 524,243 2,559,814 3,084,057 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 524,243 2,559,814 3,084,057 Total 524,243 2,559,814 3,084,057 Budget Imipact/Other An assessment will be done upon completion of project to determine maintenance costs. �vs cr �o o� v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyeCa)-cctexas.corr. (361) 826-3851 Ernesto De La Garza, P.E., Director of Public Works ernestod2(a-)-cctexas.com (361) 826-1677 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2a-cctexas.com (361) 826-3169 Construction Contract Award FY 2024 Rapid Pavement Program CAPTION: Motion awarding a construction contract to Anderson Columbia Co., Inc., of Corpus Christi,Texas, in an amount not to exceed $13,452,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $26,904,000.00 for the resurfacing of arterial/collector streets as planned in the FY 2024 Rapid Pavement Program, located city-wide with funding available through Street Fund, Storm Water, Wastewater, Water and Gas Capital Funds. SUMMARY: This motion approves a construction contract to perform resurfacing of arterial/collector streets as planned in the Rapid Pavement Program. The work will be issued by the City of Corpus Christi's Public Works Department in multiple individual work orders called "Delivery Orders" that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. BACKGROUND AND FINDINGS: The construction contract will provide city-wide road maintenance, on arterial/collector streets as planned in the Rapid Pavement Program for FY 2024. The construction contract includes a variety of work items associated with roadway maintenance. General requirements to complete this pavement-only work to include traffic control, planning, overlay surface improvements, pavement markings, and 5" flexible pavement repair. Curb and gutter replacement, sidewalks, ADA improvements, and minor utility adjustments will be performed on an as needed basis only. The project is an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract to complete the resurfacing of arterial/collector streets as planned in the Rapid Pavement Program for FY 2024. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. The delivery orders are planned, designed, and prepared by City of Corpus Christi's Public Works Department using established line items for pricing. Only relevant line items will be utilized for each delivery order. The final quantities for each of the line items will differ due to the various projects. This is a "not to exceed" contract in which Delivery Orders may only be issued up to the contract ceiling. The contract will have an initial one-year term, with the option to renew for one additional one- year period administratively in an amount up to $13,452,000.00 for a total amount not to exceed $26,904,000.00. The contract amount is set based on the funding available in the CIP for FY 2024. The unit prices for the items came in lower than the engineer's estimate. The determination to exercise renewal options will be based on the contractor's successful performance for the work on the DOs. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. Both the process and the up to 2-year term of this contract are consistent with previous IDIQ initiatives performed by Public Works, Engineering, and Utilities. Staff recommends that a portion of the contract be utilized to complete legacy street projects published in the FY23 Infrastructure Management Program. The total bid amount for the FY23 IMP projects is $8,622,608.95. Below is a list of the legacy projects. • Cimarron Boulevard from Airline Road to Yorktown Boulevard Airline Road (District 5) • South Alameda Street from Ennis Joslin Road to Airline Road (Districts 2 and 4) • South Shore Place from South Alameda Street to Cape Romain Drive (District 2) • Morgan Avenue from Crosstown Expressway to South Port Avenue (District 1) • Ennis Joslin Road from Holly Road to Cedro Drive (District 4) • Holly Road From Paul Jones Avenue to Ennis Joslin Road (District 4) Should there be no unforeseen conditions requiring repair and additional funding (i.e. unplanned base repairs) in the legacy FY23 projects, the remaining $4,829,392 of the $13,452,000.00 will be exhausted by FY24 Rapid Pavement Program projects executed via delivery orders. Below is a list of the FY24 Rapid Pavement Program projects. • Cimarron Boulevard from Yorktown Boulevard to Legacy Point Drive (District 5) • Navigation Boulevard from Leopard Street to Old Brownsville Road (District 1) City staff will be bringing a second FY24 Rapid Pavement Program contract to Council in January for consideration. The contract will focus on residential streets and is estimated to have a value of$28,982,675.00. PROJECT TIMELINE: 2023 2023 2024 May- September October - December January - December Design Bid/Award Construction Project schedule reflects City Council award in December 2023 with anticipated completion in one year. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on November 8, 2023, the city received bids from two bidders. The City evaluated the bids in accordance with the contract documents and determined Anderson Columbia Co., Inc to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Anderson Columbia Co., Inc. $8,622,608.95 Bay Ltd $11,350,350.00 Engineer's Opinion of Probable Construction Cost $12,940,603.70 Anderson Columbia Co., Inc. has successfully completed numerous projects with the City including Rodd Field Road (Yorktown to Saratoga), Ocean Drive — Part A & B, Laguna Shore Segment 2&3, RSRP- Part D & E, Ayers Pedestrian Improvements — Gollihar to SPID etc. ALTERNATIVES: The alternative is not to award the construction contract to Anderson Columbia Co., Inc., which would delay the project and conflict with the City Council's goal to expedite street projects. FISCAL IMPACT: The fiscal impact in FY 2024 is in the amount of $13,452,000.00 with funding available from the from Street Fund, Storm Water, Wastewater, Water and Gas Capital Funds. FUNDING DETAIL: Fund: Street— Streets (Fund 1041) Organization: Street Preventative Maint Prog (12415) Department: Street (Dept 33) Project No.: 24002 —Street Preventative Maintenance Program FY 2024 Account: Maint & Repairs-contracted (530215) Activity: 24002 Amount: $11,800,000.00 Fund: Storm Water- StrmWtr 2023CIP (Fund 4534) Department: Storm Water (Dept 47) Project No.: 24002 —Street Preventative Maintenance Program FY 2024 Account: Construction (550910) Activity: 24002 Amount: $590,000.00 Fund: Water-WTCP RR 032950 2023 (Fund 4487) Department: Water (Dept 45) Project No.: 24002 —Street Preventative Maintenance Program FY 2024 Account: Construction (550910) Activity: 24002 Amount: $472,000.00 Fund: Wastewater-WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (Dept 46) Project No.: 24002 —Street Preventative Maintenance Program FY 2024 Account: Construction (550910) Activity: 24002 Amount: $472,000.00 Fund: Gas —Gas Cap Resv (Fund 4562) Department: Gas (Dept 11) Project No.: 24002 —Street Preventative Maintenance Program FY 2024 Account: Construction (550910) Activity: 24002 Amount: $118,000.00 Overall Total $13,452,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the FY 2024 Street Preventative Maintenance Program to Anderson Columbia Co., Inc., in an amount not to exceed $13,452,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $26,904,000.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed, with construction starting in January 2024 and completed by December 2024. LIST OF SUPPORTING DOCUMENTS: Street List Bid Tab Location Map FY 2024 CIP Page TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa,CTCD DESIGN ENGINEER:Vivi Mouhtarova,P.E. BID DATE: Wednesday,November 8,2023 RFB 5343 ANDERSON COLUMBIA CO.,INC. BERRY CONTRACTING,LP dba BAY LTD. PROJECT NO.24002-Street Preventative Maintenance Program FY 2024(IDIQ) 1402 Holly Road 1414 Valero Way BASE BID Corpus Christi,Texas 78417 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL Al MOBILIZATION(5%) LS 1 $ 274,000.00 $ 274,000.00 $ 451,036.00 $ 451,036.00 A2 PROJECT BONDS AND PROJECT SPECIFIC INSURANCE(2%) AL 1 $ 44,000.00 $ 44,000.00 $ 63,075.00 $ 63,075.00 A3 TEMPORARY TRAFFIC CONTROL DURING CONSTRUCTION EA 6 $ 37,000.00 $ 222,000.00 $ 18,400.00 $ 110,400.00 A4 TEMPORARY TRAFFIC CONTROL PLAN-SITE SPECIFIC EA 6 $ 2,010.00 $ 12,060.00 $ 8,400.00 $ 50,400.00 A5 RIDE QUALITY ANALYSIS EA 6 $ 2,350.00 $ 14,100.00 $ 2,300.00 $ 13,800.00 A6 OZONE DAYS DAY 6 $ 10.00 $ 60.00 $ 100.00 $ 600.00 A7 BIODEG EROSN CONTL LOGS(INSL)(12") LF 1,480 $ 6.90 $ 10,212.00 $ 10.00 $ 14,800.00 A8 BIODEG EROSN CONT LOGS(REMOVE) LF 1,480 $ 1.15 $ 1,702.00 $ 3.00 $ 4,440.00 A9 SODDING SY 4,800 $ 9.60 $ 46,080.00 $ 19.00 1$ 91,200.00 A10 ALLOWANCE FOR SAFETY CONTINGENCY AL 1 $ 100,000.00 1$ 100,000.00 $ 100,000.00 1$ 100,000.00 All ALLOWANCE FOR UNANTICIPATED GENERAL ACTIVITIES AL 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 SUBTOTAL PART -GENERAL(Items Al thru A11) $ 824,214.00 $ 999,751.00 PartB-STREET IMPROVEMENTS 131 SUPERPAVE MIXTURES SP-C SAC-B PG70-22 TON 12.569 $ 122.00 $ 1,533,418.00 $ 192.00 $ 2,413,248.00 32 D-GR HMA TY-D SAC-B PG70-22 TON 808 $ 122.00 $ 98,576.00 $ 160.00 $ 129,280.00 B3 PLANE ASPH CONC PAV(0"TO 1.5') SY 162,109 $ 2.55 $ 413,377.95 $ 3.00 $ 486,327.00 B4 5'FULL DEPTH REPAIR(TY B PG 64-22) SY 66,958 $ 41.00 $ 2,745,278.00 $ 65.00 $ 4,352,270.00 B5 UNDERSEAL SY 162,109 $ 3.05 $ 494,432.45 $ 3.00 $ 486,327.00 B6 PROOF ROLL HR 48 $ 76.00 $ 3,648.00 $ 92.00 $ 4,416.00 B7 REFL PAV MRK TY I(W)4"(SLD)(090MIL) LF 4,543 $ 0.50 $ 2,271.50 $ 1.00 $ 4,543.00 B8 REFL PAV MRK TY I(W)4"(BRK)(090MIL) LF 13,273 $ 0.50 $ 6,636.50 $ 1.00 $ 13,273.00 B9 REFL PAV MRK TY I(Y)4"(SLD)(090MIL) LF 37,170 $ 0.50 $ 18,585.00 $ 1.00 $ 37,170.00 B10 REFL PAV MRK TY I(Y)4"(BRK)(090MIL) LF 9,862 $ 0.50 $ 4,931.00 $ 1.00 $ 9,862.00 B11 REFL PAV MRK TY I(W)8"(SLD)(090MIL) LF 4,214 $ 1.25 $ 5,267.50 $ 1.00 $ 4,214.00 B12 REFL PAV MRK TY I(Y)8"(SLD)(090MIL) LF 100 $ 1.25 $ 125.00 $ 1.00 $ 100.00 B13 REFL PAV MRK TY I(W)12"(SLD)(090MIL) LF 368 $ 9.20 $ 3,385.60 $ 10.00 $ 3,680.00 B14 REFL PAV MRK TY I(Y)12"(SLD)(090MIL) LF 125 $ 9.20 $ 1,150.00 $ 10.00 $ 1,250.00 B15 REFL PAV MRK TY I(Y)24"(SLD)(090MIL) LF 553 $ 16.00 $ 8,848.00 $ 18.00 $ 9,954.00 REFL PAV MRK TY C HEAT APPLIED PREFAB PREFORMED THERMOPLASTIC B16 (W)24"(SLD)(125 MIL) LF 3,069 $ 14.00 $ 42,966.00 $ 16.00 $ 49,104.00 Page 1 of 3 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa,CTCD DESIGN ENGINEER:Vivi Mouhtarova,P.E. BID DATE: Wednesday,November 8,2023 RFB 5343 ANDERSON COLUMBIA CO.,INC. BERRY CONTRACTING,LP dba BAY LTD. PROJECT NO.24002-Street Preventative Maintenance Program FY 2024(IDIQ) 1402 Holly Road 1414 Valero Way BASE BID Corpus Christi,Texas 78417 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B17 REFL PAV MRKR TY-I-C EA 230 $ 5.75 $ 1,322.50 $ 7.00 $ 1.610.00 B18 REFL PAV MRKR TY II-A-A EA 1.716 $ 5.20 $ 8,923.20 $ 6.00 $ 10.296.00 B19 RAISED PAVEMENT MARKERS(TY 11-B-B)(FIRE HYDRANT MARKING) EA 5 $ 5.75 $ 28.75 $ 7.00 $ 35.00 B20 PREFAB PAV MRKTY C(W)(18")(YLD TRI) EA 10 $ 23.00 $ 230.00 $ 26.00 $ 260.00 B21 PREFAB PAV MRKTY C(W)(ARROW) EA 94 $ 201.00 $ 18,894.00 $ 230.00 $ 21.620.00 B22 PREFAB PAV MRKTY C(W)(DBL ARROW) EA 1 $ 403.00 $ 403.00 $ 460.00 $ 460.00 B23 PREFAB PAV MRKTY C(W)(WORD) EA 40 $ 230.00 $ 9,200.00 $ 260.00 $ 10.400.00 B24 INSTALL SMALL RD SIGN SUP&ASM TYS80(1)SA(P) EA 25 $ 1,380.00 $ 34,500.00 $ 1.600.00 $ 40.000.00 B25 REMOV SMALL RD SIGN SUP&ASM EA 21 $ 144.00 $ 3,024.00 $ 160.00 $ 3.360.00 B26 PORTABLE CHANGEABLE MESSAGE SIGN EA 20 $ 2,490.00 $ 49,800.00 $ 2.800.00 $ 56.000.00 B27 ALLOWANCE FOR STREET IMPROVEMENTS AL 1 $ 1,300,000.00 $ 1,300,000.00 $ 1.300,000.00 $ 1.300,000.00 SUBTOTAL PART B-STREET IMPROVEMENTS(Items B1 thru B27) $ 6,809,221.95 $ 9,449,059.00 PartC-ADA IMPROVEMENTS Cl INSTALL ADA COMPLIANT CONCRETE CURB RAMPS SF 920 $ 25.00 $ 23,000.00 $ 29.00 $ 26.680.00 C2 REMOV CONCRETE CURB RAMPS SF 920 $ 4.90 $ 4,508.00 $ 13.00 $ 11,960.00 C3 IN CONCRETE SIDEWALK SF 500 $ 17.00 $ 8,500.00 $ 22.00 $ 11.000.00 Cq IKEMUVE CONCRETE SIDEWALK SF 500 $ 3.35 $ 1,675.00 $ 8.00 $ 4,000.00 SUBTOTAL PART C-ADA IMPROVEMENTS(Items C1 thru C4) $ 37,683.00 $ 53,640.00 Part D-DRAINAGE IMPROVEMENTS D1 REMOVE CONC(CURB&GUTTER) LF 1.000 $ 17.00 $ 17,000.00 $ 10.00 $ 10.000.00 2 2INSTALL CONC(CURB&GUTTER) LF 1.000 $ 56.00 $ 56,000.00 $ 70.00 $ 70.000.00 D3 ADJUST MANHOLES(STORMWATER) EA 78 $ 2,570.00 $ 200,460.00 $ 1.800.00 $ 140.400.00 Dq ALLOWANCE FOR DRAINAGE IMPROVEMENTS AL 1 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 SUBTOTAL PART D-DRAINAGE IMPROVEMENTS(Items D1 thru 134) $ 473,460.00 $ 420,400.00 Part E-WATER IMPROVEMENTS E1 JADJUST WATER VALVE I EA 1 106 $ 1,090.00 $ 115,540.00 $ 1.000.00 $ 106.000.00 E2 JALLUVVANCE FOR WATER IMPROVEMENTS I AL 1 1 $ 100,000.00 $ 100,000.00 $ 100.000.00 $ 100.000.00 SUBTOTAL PART E-WATER IMPROVEMENTS(Items E1 thru E2) $ 215,540.00 $ 206,000.00 Page 2 of 3 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Lois Hinojosa,CTCD DESIGN ENGINEER:Vivi Mouhtarova,P.E. BID DATE: Wednesday,November 8,2023 RFB 5343 ANDERSON COLUMBIA CO.,INC. BERRY CONTRACTING,LP dba BAY LTD. PROJECT NO.24002-Street Preventative Maintenance Program FY 2024(IDIQ) 1402 Holly Road 1414 Valero Way BASE BID Corpus Christi,Texas 78417 Corpus Christi,Texas 78409 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part F-WASTEWATER IMPROVEMENTS F1 1ADJUST MANHOLES(WASTEWATER) EA 32 $ 3,300.00 $ 105,600.00 $ 1.900.00 $ 60.800.00 F2 JALLUWANCE FOR WASTEWATER IMPROVEMENTS AL 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 SUBTOTAL PART F-WASTEWATER IMPROVEMENTS(Items F1 thru F2) $ 205,600.00 $ 160,800.00 Part G-GAS IMPROVEMENTS G1 1ADJUST GAS VALVE I EA 1 12 $ 1,020.00 $ 12,240.00 $ 1.600.00 $ 19.200.00 G2 JALLUWANCE FOR GAS IMPROVEMENTS I AL 1 1 $ 20,000.00 $ 20,000.00 $ 20.000.00 $ 20,000.00 SUBTOTAL PART G- GAS IMPROVEMENTS(Items G1 thru G2) $ 32,240.00 $ 39,200.00 Part H-EXTERNAL UTILITY IMPROVEMENTS H1 JADJUST MANHOLE RING&COVER EA 5 $ 2,930.00 $ 14,650.00 $ 2.300.00 $ 11.500.00 H2 JALLUVVANUtz FOR EXTERNAL UTILITY IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10.000.00 $ 10.000.00 SUBTOTAL PART H-EXTERNAL UTILITY IMPROVEMENTS(Items H1 thru 1-12) $ 24,650.00 $ 21,500.00 TOTAL BASE BID $ 8,622,608.95 $ 11,150,350.00 Page 3 of 3 Capital Improvement Flan 2024 /brit 2026 City of Corpus Christi, Texas Project# 24002/25002/26002a` NEbri ��°;�"' �. ProjectName Street Preventative Maintenance Program FY 2024- 2026 Type Improvement/Additions Department Public Works is Useful Life 25 years Contact Director of Public Works Category Street-Rehabilitation Priority Critical-Condition\longevity Council District City-wide Status Active Description Street Preventative Maintenance Program will include new pavement and limited curb and gutter, sidewalk, ADA compliant curb ramps and signage.A new project number will be assigned each fiscal year to account for expenses. For an individual streets project listing please go to: https://cctexas.com/INW Justification This project will improve the road and provide a safer driving experience. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 11,800,000 11,800,000 11,800,000 35,400,000 Design 236,000 236,000 236,000 708,000 Storm Water-St. 590,000 590,000 590,000 1,770,000 Wastewater-St 472,000 472,000 472,000 1,416,000 Water-St. 472,000 472,000 472,000 1,416,000 Gas-St. 118,000 118,000 118,000 354,000 Eng,Admin Reimbursements 1,295,720 1,295,720 1,295,720 3,887,160 Total 14,983,720 14,983,720 14,983,720 44,951,160 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 1,833,720 1,833,720 1,833,720 5,501,160 Street Fund 13,150,000 13,150,000 13,150,000 39,450,000 Total 14,983,720 14,983,720 14,983,720 44,951,160 Budget Impact/Other 71 On an annual basis,operational costs for this program are reevaluated and assessed as new constructed streets are added to the maintenance program. 267 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Leopard Street Turnback Resolution CAPTION: Resolution requesting the transfer of Leopard Street (IH-37 Frontage Road to Water Street) from the Texas Department of Transportation to the City of Corpus Christi, located in City Council District 1 . SUMMARY: This resolution authorizes the transfer of the jurisdiction, control, and maintenance of State Highway 9 (aka Leopard Street) from the Texas Department of Transportation to the City of Corpus Christi. BACKGROUND AND FINDINGS: In 1965, the State Highway Commission and City Council agreed to transfer maintenance of State Highway 9 to the City of Corpus Christi as portions of IH-37 were completed. In October 2020, the Texas Department of Transportation (TXDOT) conducted a cleanup of the highway system and discovered that the jurisdiction, control, and maintenance of State Highway 9 (Leopard Street) was not property transferred to the City. TXDOT concluded that the actions taken in 1965 were stale and need to be updated by City action. Public Works assessed the Leopard Street right of way and notified TXDOT that State Highway 9 needed to be reconstructed in order for the City to accept jurisdiction of the right of way. This action is the first step in the process of the City assuming ownership of this right of way. Upon Council adopting the attached ordinance, TxDOT will take the policy to the Texas Transportation Commission for approval. TxDOT will then bid out the construction project for Leopard Street in February 2024 with $3.5 million that has been identified for funding the improvements. These improvements will be limited to Leopard Street from Rand Morgan to Cantwell Drive. This segment has been identified as the portion of the right of way with the worst Pavement Condition Index. Proposed improvements to the roadway include hot mix base repairs, cement treated improvements on the outside lanes, and a two-course surface treatment. ALTERNATIVES: Failure to pass this resolution would result in this transfer not occurring and the Texas Department of Transportation maintaining control of this property. FISCAL IMPACT: There is no fiscal impact. FUNDING DETAIL: Fund: Organization/Activity: Department: Project # (CIP Only): N/A Account: RECOMMENDATION: Staff recommends approval of the passage of this resolution. LIST OF SUPPORTING DOCUMENTS: Exhibit A Resolution requesting the transfer of State Highway 9 (aka Leopard Street) from the Texas Department of Transportation to the City of Corpus Christi, located in City Council District 1. WHEREAS, the estimated cost of future maintenance on the property equals or exceeds the estimated fair value of the property; WHEREAS, the City of Corpus Christi wishes to undertake full jurisdiction, control and maintenance of the property more particularly described in Exhibit A for public transportation purposes; WHEREAS, after passage of this resolution and approval of the Texas Transportation Commission, staff and the Texas Department of Transportation will negotiate a deed to convey the property to the City of Corpus Christi; WHEREAS, Texas Department of Transportation will complete improvements to State Highway 9 prior to execution of the conveyance document. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. Upon transfer of the property more particularly described in Exhibit A attached hereto from the State of Texas, acting by and through the Texas Transportation Commission, to the City of Corpus Christi, the City of Corpus Christi undertakes full jurisdiction, control and maintenance of the property. SECTION 2. That the City Manager or designee is authorized to administratively take all actions necessary to effectuate the transfer of the property to the City of Corpus Christi. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary wE WEST LIMIT LEOPARD MAP N Reference TxDOT Control Section w E wre S. Ilk w, gg � WEST LIMIT EAST LIMIT WEST LIMIT ,,,w,u EAST LIMIT LEGEND c o7a a � 3 � LEOPARD ST(007409) rya' xa p € 0 0.75 1.53 Miles q, �`� �°'�a � �` �° so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of December 12, 2023 DATE: December 4, 2023 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E., Interim Chief Operating Officer, CCW DrewM@cctexas.com 361-826-1853 Corpus Christi Water Wholesale Raw and Treated Water Supply Contracts STAFF PRESENTER(S): Name Title/Position Department 1. Drew Molly Interim Chief Operating Officer CCW 2. Esteban Ramos Water Resources Manager CCW 3. Reba George Assistant Director CCW BACKGROUND: The purpose of this briefing is to provide an overview of all wholesale raw water and treated water contracts. LIST OF SUPPORTING DOCUMENTS: PowerPoint—Wholesale Raw and Treated Water Supply Contracts Wholesale Water Supply Contracts 0 Drew Molly, P.E. Interim Chief Operations Officer Corpus Christi Water Corpus Christi Water- December 12, 2023 Serving the Coastal Bend Wholesale Water Contract Overview As a regional Water provider, CCW has established eight Wholesale contracts With seven entities: • To define the responsibilitie f the buyer and seller including maintenance and billing d nes • To ensure compliance '�a environmental regulations and include all raw Water su lies • Terms include adoption of a Drought Contingency Plan • Rates are developed annually based on composite cost • Ranging from 1980 to 2007 CL� Wholesale Water Supply Contract Types Rawl Water Customers Treated Water Customers Lake Corpus Christi O.N. Stevens Water Treatment Plant • Beeville KOV Connection • Mathis � • South Texas Water Authority (STWA) • Alice O • SPMWD Nueces River at Calallen Distribution Network Connection • San Patricio Municipal • Violet Water Supply Corporation (WSC) Water District (SPMWD) • Nueces County Water Control Improvement District #4 - Port Aransas (NCWCID #4) CCW Wholesale Rawl Water Customers Criteria Beeville Alice Mathis Contract Signing 1988 1988 1988 Contract Term (yrs) In Perpetuity In Perpetuity In Perpetuity Contract Expiration - - - Point of Diversion Lake Corpus Christi Lake Corpus Christi Lake Corpus Christi -- ------------ - Rawl Water Rate(per thousand gallons) ------------------------------------ $0 956 $� $� CCW Wholesale Rawl Water Customers (Cont.) Criteria SPMWD ----------------------------------------------- ontract Signing 2007 Contract Term (yrs) In Perpetuity Contract Expiration - Point of Diversion Nueces River at Calallen & Mary Rhodes Pipeline (MRP) ----------------------------------------- Rawl Water Rate(per thousand gallons) $1 CCW Wholesale Treated Water Customers Criteria STWA NCWCID #4 SPMWD Violet WSC Contract Signing 1980 1980 1997 2007 Contract Term (yrs) 40 Silent 30 30 --------- ----- ontract 2026 =r�► 2027 2037 Expiration --------------------- ------------------- Point of Diversion O.N.Stevens City Transmission O.N.Stevens City Transmission System System -------------------- --------- --------------- Raw Water Rate (per thousand $1.74 $2.21 $1.74 $2.21 allons) CCW Thank you ! Corpus Christi Water- Serving the Coastal Bend so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Dan McGinn, Director of Planning and Community Development danielmc(a)-cctexas.com (361) 826-7011 Briefing on the Request for Interest for Development near the Former Lamar Elementary Site & Nearby Neighborhood Parcels STAFF PRESENTER(S): Name Title/Position Department 1. Dan McGinn Director Planning & Community Dev. BACKGROUND: The Ed Rachal Foundation gifted the former Lamar Elementary School site to the City, along with 55 smaller parcels in the vicinity of the larger site in May of 2023. Recognizing the unique opportunity to implement the recently adopted Westside Area Development Plan by attracting new development investments, addressing residents' requests for a variety of housing options, stabilizing this established neighborhood, and delivering public safety improvements for area residents, City staff issued a request for letters of interest (RFI) to work with one or more experienced housing developers. The RFI was released and publicized the first week of August 2023, and remained open through September 11, 2023. Five proposals were submitted to the City. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Former Lamar Elementary School RFI RFI Document Former Lamar Elementary School Site Request for Letters of Interest Council Presentation �� December 12, 2023 �pUS Cy VO R�.r X J �Yih! y ]85� �- . LEOPA'RD�ST � T NIEA.D' oil a ml OEM ASST GSL Former Lamar � � `ter � � _ r �upVE GNW__0)'F'1 Background • City gifted property from the Ed Rachal Foundation in May 2023. • Request For Interest (RFI) process initiated with the goal of redeveloping and stabilizing the neighborhood. • September Deadline — 5 applications received (1 multifamily and 4 single family developers) • Multifamily developer interested in former school location, adjacent ROW, and eight single-family lots. • Remaining lots are still under review with the four single family developers/builders (future contracts will be presented to City Council). opus CH r. k Parcels V � nasi � Lamar RF1 ParcelsCorpus _, - City of m ® 09 D7286 m m ary St �� K3g 51m o y' o 250 q F Source Planning and Commu evelopmen[Cep2"ft�ment August 2023� ` �` Varietyf Housing o �v �a f n w Next Steps GNW__0),F,1 • Second reading of option agreement with TG 110, Inc. Dec 12, 2023 • Develop agreements with remaining 4 respondents and bring to Council for approval • Process ROW closure of Mary Street between 19th and 20th Streets • Initiate Zoning changes • Provide letter of support for Tax Credit application Questions ? Property Development: Former Lamar Elementary Site ,. . & Nearby Neighborhood Parcels 2023 Request for Interest SECTION I. OVERVIEW The City of Corpus Christi (City) is issuing this Request for Interest (RFI) for the former Mirabeau B. Lamar Elementary School site and additional city-owned parcels in the surrounding neighborhood. ■ The city is seeking one or more experienced real estate development teams to develop housing on the former Lamar school site and additional neighborhood lots. ■ The city envisions infill housing development and is open to innovative concepts that aid the city with meeting local housing affordability needs while stabilizing an established neighborhood. Property Description Currently vacant, the site that was once home to Lamar Elementary School which was originally part of the 1908 Eckerd Subdivision while parcels to the east of 191h Street are part of the 1929 Jasmin Subdivision. Narrow and deep single-family lots, typical of this time, are common throughout the neighborhood, though many lots have been combined over the decades to form larger parcels. Other neighborhood institutions include St. Joseph's Catholic Church, the Garcia Arts Center and Park, and educational facilities like the Marguerite Child Development Center and a charter high school. Lamar Elementary served many generations, starting in 1941. The school was closed in 2010 and later demolished in 2021 to make way for new development and neighborhood investment. Though no longer standing, the site still holds historical significance as the 1948 location of the meeting that formed the American GI Forum, the civil rights group founded by Dr. Hector P. Garcia. (Katheryn Cargo for the Caller Times, November 20, 2021) The city-owned parcels that are included in the RFI are detailed in Map 1 and Table 1 on the following pages. City of Corpus Christi 1 of 8 T , Map 1: Lamar RFI Parcels , • City of Corpus Christi, TX ;� �"'��° 74 N Margu er�Ge St iBe St � � ueri � rt t[ la i9al� n,,�9 ��39.III �381y ��■ rt37�45>wr 56 14 13 12 a9Q8 7 Os a5�03 a2 �.-p6 q' ■r � � 55 ,r. r rte 49� 541� 7 �•^^ 5a Mary St al 1719' la �ls�zo z1 Morns Au w..Morris :t 777 Ho a rman P 111`11 In Ile, C DQ Table 1: Lamar RFI Parcel Detail RFI Nueces County Legal Description Address Lot Zoning Parcel ID Tax ID Acres District 1 224500010010 ECKERD BLK 1 LOT 1 2212 MORRIS ST 2.07 CI 2 224500020010 ECKERD LTS 1 AND 2 BK 2 521 19th ST 0.17 RS-6 3 224500020030 ECKERD LTS 3&4 BLK 2 2206 MARY 0.17 RS-6 4 224500020050 ECKERD LT 5 BK 2 2208 MARY 0.08 RS-6 5 224500020060 ECKERD LTS 6&7 BK 2 2210 MARY 0.17 RS-6 6 224500020080 ECKERD LT 8A BLK 2 2212 MARY 0.16 RS-6 7 224500020100 ECKERD LT 10 BLK 2 2214 MARY 0.08 RS-6 8 224500020110 ECKERD LT 11 BLK 2 2218 MARY 0.08 RS-6 9 224500020120 ECKERD LT 12 BK 2 2222 MARY 0.08 RS-6 10 224500020235 ECKERD LT 24A BLK 2 504 20th ST 0.08 RS-6 11 224500020230 ECKERD LT 23A BLK 2 2221 MARGUERITE ST 0.08 RS-6 12 930700090020 PATRICK WEBB LT 2 BLK 9 2304 MARY 0.09 RS-6 13 930700090060 WEBB PATRICK BLK 9 LOT 2312 MARY 0.26 RS-6 6, 7&8 14 930700090110 PATRICK WEBB LTS 11 & 12 2324 MARY ST @ 21ST 0.17 RM-3 BLK 9 City of Corpus Christi 2 of 8 15 840900070390 STEELE LTS 39&40 BLK 7 2614 MARY 0.16 RS-6 16 930700100210 POATRICK WEBB LT 21 BLK 2320 MORRIS 0.06 RS-6 17 930700100250 5EBB PATRICK BLK 10 LOT 2312 MORRIS 0.06 RS-6 18 930700100260 W6EBB PATRICK BLK 10 LOT 2310 MORRIS 0.06 RS-6 19 930700100270 WEBB PATRICK BLK 10 LOT 2308 MORRIS 0.06 RS-6 20 930700100280 PAT WEBB LT 28 BK 10 2306 MORRIS ST 0.06 RS-6 21 930700100290 POAT WEBB LTS 29&30 BK 623 TWENTIETH ST 0.11 RS-6 22 852900060200 SUMMIT ADDN LTS 20&21 2311 MORRIS 0.14 RS-6 BLK 6 23 852900060190 SUMMIT ADDN LT 19 BLK 6 2309 MORRIS 0.07 RS-6 24 852900060180 SUMMIT ADDN LT 18 BLK 6 2307 MORRIS 0.07 RS-6 25 852900060120 SUMMIT ADDN LTS 12& 13 2219 MORRIS 0.13 RS-6 BLK 6 26 852900060100 SUMMIT ADDN LTS 10& 11 2217 MORRIS 0.13 RS-6 BLK 6 27 852900060080 SUMMIT ADDN LTS 8&9 2211 MORRIS AVE 0.13 RM-3 BLK 6 28 852900060010 SUMMIT ADDN POR OF LT 1, 2203 MORRIS AVE 0.15 RS-6 ALL LTS 2&3 BLK 6 29 852900060380 SUMMIT ADDN LTS 38 THRU 715 19th ST 0.31 RS-6 41 &FCL LT 42 BLK 6 30 377500000010 JASMIN LT 1 538 19th ST 0.11 RS-6 31 377500000020 JASMIN LT 2 536 19th ST 0.07 RS-6 32 377500000030 JASMIN LT 3 532 19th ST 0.07 RS-6 33 377500000040 JASMIN LTS 4 AND 5 530 19th ST 0.15 RS-6 34 377500000060 JASMIN LT 6 528 19th ST 0.07 RS-6 35 377500000070 JASMIN LT 7 526 19th ST 0.07 RS-6 36&37 377500000090 JASMIN LTS 9 AND 10 520 19th ST 0.15 RS-6 38 377500000110 JASMIN LT 11 518 19th ST 0.07 RS-6 39 377500000120 JASMIN LT 12 516 19th ST 0.07 RS-6 40 377500000130 JASMIN LT 13 514 19th ST 0.07 RS-6 41 377500000140 JASMIN LT 14 512 19th ST 0.07 RS-6 42 377500000150 JASMIN LT 15 510 19th ST 0.07 RS-6 43 377500000160 JASMIN LT 16 508 19th ST 0.07 CN-1 44 377500000270 JASMIN LT 27A 429 MARGUERITE ST 0.14 RM-3 45 377500000290 JASMIN LT 29 503 18th ST 0.07 RM-3 46 377500000300 JASMIN LT 30 505 18th ST 0.07 RM-3 47 377500000310 JASMIN LT 31 AND N 12.50 507 18th ST 0.10 RM-3 OF LT 32 48 377500000350 JASMIN LT 35 515 18th ST 0.07 RM-3 49 377500000360 JASMIN LT 36 517 18th ST 0.07 RM-3 50 377500000370 JASMIN LT 37& PT LT 38 519 18th ST 0.13 RS-6 51 462500070060 LUTER PART LT 6 BK 7 2022 MARY 0.05 RM-3 52&53 462500070100 LUTER PARTITION BLK 7 2028 MARY 0.16 RM-3 LOTS 8 THRU 10 City of Corpus Christi 3 of 8 54 462500070110 BK TER PART LTS 11 AND 12 2034 MARY 0.11 RM-3 55 573600050010 NEYLAND COL MEX LTS 1 & 508 18th ST 0.12 RM-3 2BK5 56 462500050020 H E LUTER PART LT 2 BK 5 502 18th ST 0.16 RM-3 IH Map 2: Neighborhood Zoning IL s City of Corpus Christi,TX 43 IL ON e.lte sl l0 404 Ma 9 8 39 44 i OB 37—45Rdl 5E 286 36 4fi' 15 19 13 I> 09 0]O6 OS 6A C3 O] 35`AN 55 INS 34 M 3b6 33 X1991• 53 SI 3132 49� 14r� s0 30 01 9 15 IB 20 21 RM-3 22 24 25 2'v 2]� 29 23 29 CI lw ol—A e CI -' RM 3 6 . CN-1 f.lnsolvina�t �ON o. 250 is,CaAtr hot"rs T-m P k 'dVldli-e. rid nStree N p M--it CONANPCSri_ ■■ q'j-!,��.Graph. -;Al FT./NAS LS()5.:°A NFS USCsr— i�_a_a� - Fr i.:ISA City of Corpus Christi 4 of 8 Map 3: Neighborhood Amenities w 1 City of Corpus Christi, TX r. yr & 1 High.Schncrl � i ii � l8 �: �r �' NueC2S c Par s Courthouse _ aria Elementary Blucher a. Gym o kyr Paorr r (i r.iargie'rlte •h�ild ; ;7 Gareia P r Sr:.+ Development Center Garcia Arts&Educatio enter Former Lamar Corpus •hristi •licehletic =1e entary L-a - LP AN IORGAN Za y `H-adtart . a „., a Joe Garza Rec •ent-r Garcia Famiiy Health Center, D o 0 0.5 M i Pes O Nearby Neighborhood Assets ✓ Adjacent CCRTA Bus Stops on 191h St. (Route 21—Arboleda) ✓ Adjacent Premier High School (Charter School) ✓ Adjacent St. Joseph's Catholic Church ✓ Antonio E. Garcia Arts & Education Center (5-minute walk) ✓ Antonio E. Garcia Park (5-minute walk) ✓ Marguerite Child Development Center (5-minute walk) ✓ Dr. Hector P. Garcia Memorial Family Health Center (10-minute walk) ✓ Neighborhood-serving commercial establishments along Agnes Street, S. Port Avenue, and Morgan Avenue (5 to 10-minute walk) Within a 20-minute walk: ✓ Ben Garza Park and Gymnasium: 15-minute walk, 5-minute bicycle ride ✓ Zavala Head Start: 15-minute walk, 5-minute bicycle ride ✓ Zavala Elementary School: 20-minute walk, 5-minute bicycle ride ✓ Zavala Senior Center: 20-minute walk, 5-minute bicycle ride City of Corpus Christi 5 of 8 ✓ Joe Garza Community Park and Recreation Center: 20-minute walk, 5-minute bicycle ride Within a 30-minute walk: ✓ George Evans Elementary School: 25-minute walk, 10-minute bicycle ride ✓ Driscoll Middle School: 35-minute walk, 10-minute bicycle ride ✓ Roy Miller High School: 25-minute walk, 10-minute bicycle ride ✓ City Hall: 25-minute walk, 10-minute bicycle ride Utilities All utilities are available within the area, the Corpus Christi Water (CCW) department is currently evaluating the existing system to identify any needed upgrades. Land Use/Right-of-Way/Public Utility Improvements The city will work with selected project sponsor/s on needed rezoning and zoning regulation adjustments, right-of-way closures, public utility improvements, and/or land costs to accommodate proposed project/s that meet the city's housing affordability and infill needs. Any city accommodations must align with commensurate public benefits, focused primarily on meeting local housing affordability and neighborhood stabilization needs. Area Demographics The Former Lamar Elementary School site and neighborhood lots are located within Nueces County's Census Tract 10. Below are select demographic and housing characteristics within this Census Tract. 2020 Decennial Census (Redistricting File) • Population: 2,751 • Hispanic or Latino: 2,391 • Households/Occupied Housing Units: 992 • Vacant Housing Units: 242 • Group Quarters Population: 85 (nursing/skilled nursing facility residents) 2021 American Community Survey (5-year Estimates) • Median Age: 34 years • Educational Attainment of Population age 25 and older: o Less than high school graduate: 42.5% o High school graduate (includes equivalency): 30.5% o Some college or associate's degree: 24.8% o Bachelor's degree: 1.6% o Graduate or professional degree: 0.6% • Average Household Size: 2.8 persons per household • Median Household Income: $22,220 • Household Tenure: 45% owner-occupied, 55% renter-occupied City of Corpus Christi 6 of 8 • Housing Characteristics: 78% 1-unit structures, 20% 2-or-more unit structures, 2% mobile homes and all other types of units. Affordable and Low-Income Housing Subsidies and incentives may be available for developments that include affordable and low- income housing. Subsidies and incentives are offered based on a variety of factors, including project scope, funding sources, and local, State, and Federal restrictions. SECTION II. LETTER OF INTEREST SUBMISSION Proposers must submit a Letter of Interest addressed to the Planning and Community Development Department located on the second floor of City Hall at 1201 Leopard Street Corpus Christi, Texas, 78401. Within the Letter of Interest, the proposer should provide the following information. Description of Entity and Experience — A description of the entity submitting the Letter of Interest must include, if not an individual, the name of all partners, corporate name(s), and dba(s) if applicable, and the pertinent address and telephone number, names and addresses of all investors, shareholders, and officers of the corporation. The description submitted by the purchaser/developer shall also provide the following information: ■ A clear statement of the purchaser/developer's interest in purchasing and redeveloping the space with potential ideas for its reuse —with specific lots identified. ■ A clear statement of the purchaser/developer's experience in purchasing and redeveloping space. ■ Experience (if any) working with the public sector. ■ Experience (if any) with delivering infill and or affordable housing products. ■ The estimated timeline for development from the date of acquisition. Submission of Letter of Interest Letters of Interest are due at the City of Corpus Christi Department of Planning and Community Development, City Hall, Corpus Christi, Texas 78401 no later than 5 pm on September 11, 2023. Inquiries Any inquiries related to this RFI must be submitted in writing, no later than five (5) days before the RFI deadline, to: Daniel McGinn Director of Planning and Community Development City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Email: Danielmc@cctexas.com Phone: (361) 826-1614 City of Corpus Christi 7 of 8 SECTION III. REVIEW OF LETTERS OF INTEREST Letters of Interest will be evaluated on a combination of the following: project or proposal ideas; experience, particularly regarding infill housing and affordable housing, supportive housing, and neighborhood investment projects; professional qualifications and expertise on similar housing and infill projects; approach to the planning/permitting process; and the ability to bring projects to a timely and successful conclusion. All Letters of Interest will be reviewed by representatives from the City Manager's Office. As this is a Request for Interest only, this Request may lead to one of the following outcomes: ■ A request for additional information from one or more respondents; ■ The issuance of a Request for Proposals (RFP) to one or more responders chosen as part of this Request; ■ The issuance of an RFP opened to all potential development teams; ■ Direct negotiations for sale/lease and redevelopment of the property with a development team selected as a result of this Request; ■ Termination of this process without selection of a development team or issuance of an RFP. Terms of this Request: this Request is not a request for competitive proposals and in no way obligates the City to enter into a relationship with any entity that responds, or limits or restricts the City's right to enter into a relationship with an entity that does not respond. In its sole discretion, the City may pursue discussion with one or more entities responding to this Request or none at all. City of Corpus Christi 8 of 8 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Service AlraymondCa)-cctexas.com 361.826.3575 Building Standards Board Hearing Appeal for 1214 '/2 -1220 North Staples Street CAPTION: Resolution upholding the Building Standards Board's order to demolish the dilapidated/ substandard structure located at 1214 '/2 -1220 North Staples Street and owned by Priscilla Tryon Cambric. SUMMARY: Priscilla Tryon Cambric has requested the City Council to hear and consider an appeal of a decision of the Building Standards Board regarding property located at 1214 '/2 -1220 North Staples Street. BACKGROUND AND FINDINGS: The property at 1214 '/2 -1220 North Staples Street is owned by Priscilla Tryon Cambric. The structure at 1214 '/2 -1220 North Staples Street is a dilapidated substandard structure. Due to the substandard and dilapidated condition of the structure at 1214 '/2 -1220 North Staples Street, On September 28, 2023, the Building Standards Board ordered the structure at 1214 '/2 -1220 North Staples Street to be removed or demolished by the owner, lienholder, or mortgagee within 30 days. If demolition is not started and completed as required, then the City be authorized to demolish. Per section 13-24 of the Code, an owner or occupant may appeal a decision of the Board to the City Council. The City Charter, Article VI, Section 2, states that appeals shall be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of the decision. Priscilla Tryon Cambric submitted a notice of appeal in writing on October 23, 2023, within the 30 days of the decision. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to uphold the Building Standards Board order or to reverse the Board's order in whole or in part. Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the City Council to vary the application of any provision of the Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons, therefore. The decision of the City Council shall be final unless the aggrieved party appeals by instituting a suit for that purpose in any court having jurisdiction. ALTERNATIVES: 1. Motion to modify or reverse the Board's order in whole or in part. FISCAL IMPACT: Non-applicable Funding Detail: Fund: Non-Applicable Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Uphold Building Standards Board order to demolish the property located at 1214 '/2 -1220 North Staples Street. LIST OF SUPPORTING DOCUMENTS: • Resolution — Upholding Building Standards Board order to demolish the property located at 1214 '/2 -1220 North Staples Street within 30 days. • Final Order of Building Standard Board Case No. V184239-07122 • Minutes of Building Standards Board Meeting September 28, 2023 • Case Timeline for 1214 '/2 -1220 North Staples Street • Location Map & 1214 '/2 -1220 North Staples Street Aerial photo • Photos presented to the Building Standards Board September 28, 2023 • Notice of Appeal by Priscilla Tryon Cambric • Notice of Building Standards Board Hearing Appeal sent to Pricilla Tyron Cambric and legal representative Matt Manning Resolution upholding the Building Standards Board's orders to demolish the dilapidated/substandard structure located at 1214%-20 N. Staples St, owned by Priscilla Tryon Cambric. Whereas,the Building Standards Board (the"Board") held a public hearing on September 28, 2023, at 1:30 pm regarding substandard structures located at 1214 '/2-20 N. Staples St and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. V184239-071222; Whereas, Priscilla Tryon Cambric, the owner of the structure at 1214 '/2-20 N. Staples St, (the "Appellant"), filed a written notice of appeal of the Board's order with the City Secretary's Office on October 24, 2023, in accordance with Section 13-24 (a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); Whereas, the filing of the appeals stayed the Board's orders; Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore, this Council properly has jurisdiction over these appeals; Whereas, after hearing the evidence, the City Council makes the following findings related to the substandard buildings located at 1214 '/2-20 N. STAPLES: (1) the decision of the Board was not erroneous, and (2) that the decision of the Board would not cause undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Council declares the recitals in the above paragraphs are true and correct. SECTION 2.The Final Order of the Building Standards Board of Appeals, Case No. No. V184239- 071222, for 1214 '/2-20 N. Staples St, is upheld. SECTION 3. The Appellant's appeal is hereby denied. SECTION 4. This final decision of the City may be personally delivered to the owner, mailed to the owner by first class mail with certified return receipt requested, or delivered to the owner by the United States Postal Service using signature confirmation service. SECTION 5. The City may vacate, secure, remove, or demolish the buildings or relocate the building occupants if the action ordered by the Board is not taken by January 11, 2024. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary i� .. ., .'r - 77 77 .. ~ y` 1214'/2-20 N. Staples St 9-28-23 Public Hearing & Order of BSB r 9-06-23 Notice of BSB Hearing sent to Owner 7-27-23 BSB tabled to 9-28-23 5-25-23 BSB tabled to 7-27-23 3-26-23 BSB tabled to 5-25-23 1-26-23 BSB tabled to 3-23-23 9-15-22 Re-inspection of building 7-13-22 Notice of Violation sent to Owner 7-12-22 Inspection of Building ° I 8-28-03 Owner acquired the property through Nueces County tax sale for $15,990 ,' + ��a r�r7� — `'r r•r r r,i Item Appeal of Building Standards Board's Order to demolish the dilapidated/substandard I structure located at 1214'/2-20 N. Sta les St p and owned by Priscilla Tryon Cambric Appeal - Building Standards Board Demolition Order 1214-1220 N. Staples Street Council Presentation December 12, 2023 I(Ag Slide Header Substandard Case started 7/12/2022. Structure is deemed substandard based on the following findings: • Defective and deteriorated roof, eaves, and soffits. • Exterior structure is not in good repair, is not structurally sound, and does not prevent the elements or rodents from entering the structure. • Interior structure is not in good repair,is not structurally sound, and is not in a sanitary condition. • Structure is unfit for human occupancy and found to be dangerous to the life, health,and safety of the public. • Case was presented to the January 2023 BSB. Board order property to be tabled till March 2423 BSB to present to board a vacancy proposal. • Case was presented to the March 2023 BSB. Board ordered property to be tabled till May 2023 hearing.At, this time, the owner is to return with an engineering report regarding the stabblbty of the structure,as a, w.ho�e. • Case was presented to the May 2023 BSB. Board order property to be tabled till July 2023 hearing.This gives the owner more time to contact a structural engineer regarding the stability of the structure.as.a whole. • Case was presented to the July 2023 BSB. Board ordered propertyto be tabled till September 2023 hearing. In such time, the owner was ordered to secure the property by installing a perimeter fence and boarding any openings to the structure to prevent potential access. • Case waspresented to the September BSB. Board ordered the property to be demolished within 30 days or appealed by the property owner. • Property owner appealed BSB decision on 14/24/23 2 1 Cases, Abatements, and Citation History Total number of Code complaints: 10 Total number of cases: 10 Owner Compliance : 10 Citations Issued: 2 City Abatements: 2 Wj Case History Unsecured Vacant Building Duh-to secure Vacant Building Compliant 1129116 Unsecured Vacant Building Duty to secure Vacant Building Omer Compliant 2/13117 Emergency Measures Dangerous Structure or Secured by City Premises(Unsecured Structure) 3113117 Unsecured Vacant Building Duty to secure Vacant Building Omer Compliant 7117117 Vacant Building Tall'Weeds Abated by Citt- 3127)IS Unsecured Vacant Building Duty to secure Vacant Building Onner Compliant 5129/18 Emergency Measures Dangerous Structure or Secured by City Premises(Unsecured Structure) 5112)19 Unsecured Vacant Building Duty to secure Vacant Building Owner Compliant 416121 Emergency Measures Bees Owner Compliant 7112)22 Substandard Structure In Progress 7119122 Vacant Building Litter/Solid Waste,Sidewalk, Compliant Curbs,and Gutters 7119)22 Unsecured Vacant Building Duh-to secure Vacant Building Compliant 9114123 Unsecured Vacant Building Doty to secure Vacant Building Partial Owner Compliance Abatement History Date Cost/Admin Fee Abatement Type 1. 03: 14'2017 $G4M.'S125.00 Secured.Boarded 1 opening 2. 061/15/2018 $120M/3174.00 Secured.Boarded 3. 08/30/2022 22 $ AO/S125.00 Bee ilifestation.Bee removal CASE TIMELINE FOR 1214 1/2 - 1220 N. STAPLES ST. (1 OF 2) Code Enforcement Notified of Potential Violation 7/12/2022 nfa �nfa Initial Inspection Completed When building,structure or premise Corpus Christi Property 7/12/2022 thoLight to be substandard Maintenance Code 104.2 Notice of Violation Mailed to Last I{nown When there are reasonable grounds to City Ordinance Sec. Addresses 7113/2022 believe there is a violation 13-22{A)&(D)(2) Notice of Violation Posted in Newspaper When owner is unknown,whereabouts City Ordinance Sec.13- unknown,or where service of notice has 22(A)&(11)(3) 11117{2422 failed(Published twice w/in a 10 day period) Deadline to complywith Newspaper When 30 days have elapsed from the date City Ordinance Sec. N oti ce of Vic I ati on 12118/2022 of first publication 13-22(9) Notice Received Returned green card rec'd-Signed and recd nfa 7/18/2022 by P.Cambric Date of delivery 7/16 City Ordinance Sec. Returned Notice of Violation Posted at 11128/22-1212/22& When notice is returned showing unclaimed 13-22(A)&(D)(4) Front Door of Property 1215122-12/9/27 or not delivered CASE TIMELINE FOR 1214 1/2 - 1220 N. STAPLES ST. (1 OF 2) Date Legal Reference Deadline to comply with Mailed Notice 30day3 frommoeiptofthenottim City Ordinance sec.13- of Violation 8/15/2022 zz(A)(s) Re-inspection INot less thane 36 days imm receipt of the native ity Ordinance Sec. 13- 9/15/2022 lar when 30 days have elapsed from date of first 2[B) Ilpublication Complaint filed with B5B When owner refused to comply,when not cured City Ordinance Sec.Is- within 30 days from receipt of notice or any 2(a)(2) 9/92023 further agreed time;or when 30 days have elapsed from date of first publication Notice of Hearing Mailed to Last least 10 days prior to hearing City Ordinance Sec. 13- Known Address 9/6/2023 22[C)&(13)(2) Notice of Hearing Posted in Newspaper At least 10 days prior to hearing when owner is City Ordinance Sec.13- 9/5/23&9/6/23 unknown,whereabouts unknown,or where 22(C)&(13)(3) service of notice has failed(Published twice w/in a 10 day period) Notice of Hearing Filed with County At least 10 days prior to hearing city Ordinance sec.13-22(C) & Clerk 8/6/2023 x Local Gov't Code 214.001€ Returned Notice of Hearing Posted at 9/18/23-9/22/23&r hen notice is returned showing unclaimed or City Ordinance sec. 13- Front Door of Property 9/25/23-9/27/23 not delivered 2(C)&(0)(4) BSB Agenda Posted 9/192023 72 hours(3 days)before scheduled time of Texas Govt.Code 551.043(a) hearing BSB Hearing 9/28/2023 Not less than 1D days nor more than 45 days City Ordinance Sec.13- _after Complaint filed 22(C) ppeal of BSB Order 12/12/2023 Appeal within 30 days of final 6513 Order City Ordinance Sec.13-24 Property Owner Nueces CAD Property. 0, 2023 Click on a title bar to expand or collapse the information. Account Property ID: 215043 Legal Description: COLONIA MEXICANA JS 3,4,5&6 BLK SE/2 E Geographic ID: 1695-0015-0030 Zoning: (`}-COMMERCIAL Type: Real Agent Code: Property Use Code: Property Use Description: Location Address: 12141/2-20 Staples ST N Mapsco: CORPUS CHRISTI,TX 78401 Neighborhood: COLONIA MEXICANA Map ID: U-13 Neighborhood CD: 51695 Owner Name: CAMBRIC PRISCILLA Owner ID: 454760 Mailing Address: 2814 ROGER STREET %Ownership: 100.0000000000% CORPUS CHRISTI,TX 78405 Exemptions: 8 12141/2 - 1220 N. Staples St. (1 of 2) maw L-.-M.F J. AAA 7L\� �¢ 1`- yy 12141/2 - 1220 N. 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CORPUS CE ISTI,TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5& 6 BLK SE/2 E described as COMMERCIAL STRUCTURE The Building Standards Board (hereinafter, "Board") met at 1:30pm on September 28, 2023, in the 6th Floor Executive Conference Room, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order. The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24 - Appeals. If the ordered action is not taken,the City may vacate,secure, remove,or demolish the building or relocate the occupants of the building. A lien will be placed on the property to cover the costs incurred by the City to vacate, secure, remove, and demolish the structure. The lien will be removed if the property owner or another person reimburses the City for the expenses. Furthermore, criminal prosecution in Municipal Court will be pursued if the ordered action is not taken. You can be assessed a fine of up to $500.00 each day a violation continues. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi, Texas. If you have any questions regarding this matter, Roland Maldonado, Code Compliance Supervisor, can be reached at (361) 826-3046. Sincerely, Roland Maldonado Code Compliance Supervisor Development Services Attachment: Building Standards Board Order FINAL ORDER OF THE x. BUILDING STANDARDS BOARD Case No. V184239-07122 In regard to the building(s)or structure(s): located at 1214 Y2-20 STAPLES ST.N. CORPUS CHRISTI,TX. 78401 located on the property described as COLONIA MEXICANA LTS 3,4,5& 6 BLK SE/2 E described as COMMERCIAL STRUCTURE this Final Order is issued pursuant to the authority granted to the Building Standards Board("Board") of the City of Corpus Christi, ("City"),Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On September 28'" ,2023 the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s)or structure(s)referenced above: FINDINGS: that a notice of violation and request to correct was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties and published in the Corpus Christi Caller Times; that 30 days have elapsed since the notice of violation was received and/or published and those violations were not cured; that a complaint was filed with the Chair of the Board and the public hearing was held not fewer than 10 days and not more than 45 days after the complaint was filed; that proper notice was sent to the owner(s), lienholder(s), mortgagee(s), and all known interested parties, and published in the Corpus Christi Caller Times; that a public hearing was held during a meeting of the Corpus Christi Building and Standards Board during which all interested persons were allowed to appear and be heard; that, after considering all testimony, documentation, and information at the public hearing, the building(s) or structure(s) identified above is(are)in violation of the standards set out in the Corpus Christi Code of Ordinances and is(are) dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety,and welfare; that the building(s)or structure(s)cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard where the Board orders demolition; that City will vacate,secure,remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. ORDER: UNLESS SPECIFICALLY SELECTED BY CHECKBOX BELOW,IT IS HEREBY ORDERED: that the substandard building(s) and/or structure(s) referenced above shall be removed or demolished by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days; and that, if there are items of personal property in the substandard building(s) and/or structure(s) to be demolished, the owner shall remove them within 30 days. 1 Or in the alternative to Demolition within 30 days,the Board ORDERS as indicated by the checked box(s)below: DEMOLITION WITHIN 31 TO 90 DAYS The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further, the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO DEMOLISH The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the demolition of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F] The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building(s) or structure(s)not later than the 30'day from the date of this Order.In lieu of a bond,the owner, lienholder, or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR REPAIR WITHIN 30 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code; therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). 2 OR REPAIR WITHIN 31 TO 90 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code; therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s) within (31 to 90) days. Repairs must comply with City Ordinance Section 13- 22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO REPAIR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair of the building(s)or structure(s)and the owner(s), lienholder(s)and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progressports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F-1The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30'day from the date of this Order. In lieu of a bond,the owner, lienholder,or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR 30 DAYS TO SECURE The substandard building(s)or structure(s)referenced above shall be secured by the owner(s), lienholder(s), and/or mortgagee(s)from unauthorized entry within 30 days. 3 AND VACATE STRUCTURE(S) The Board finds the substandard building(s) or structure(s) is(are) so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be vacated by the owner(s),lienholder(s), and/or mortgagee(s) within 30 days or days. The building(s)or structure(s) shall be placarded to prevent occupancy until the building(s)or structure(s)is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board. Catherine GiffinFO 1 AGAINST/ABSTAIN Merced Pena GAINST/ABSTAIN Monica Pareso FORA T/ABSTAIN Carlos Martinez FO GAINST/ABSTAIN John B. Solberg FOR/ GAINST,4BSTAIN Ordered this_28TH_day of_SEPTEMBER , 2023. -tu Signed under the authority of the B 9ill, Signe under the auth of the Board: Chair Vice-Chair Filed with the City Secretary: Date Filed Rebecca Huerta City Secretary 4 r� SUBJECT PROPERTY ti Al a. 1220 STAPLES ST N N r e�",,:�.,-�:.,,,� WE s Aerial View ® Subject Property SUBJE-CTS P,OO PERTY Ci ty of $��`'"F: 'Esri, HERE LOCATIti c.'` CASE TIMELINE FOR 1214 1/2-20 STAPLES ST N. Activity Date Legal Requirement Legal Reference Code Enforcement Notified of Potential Violation 7/12/2022 n/a n/a Initial Inspection Completed When building,structure or premise Corpus Christi Property 7/12/2022 thought to be substandard Maintenance Code 104.2 Notice of Violation Mailed to Last When there are reasonable grounds to City Ordinance Known Addresses 7/13/2022 believe there is a violation Sec. 13-22(A)&(D)(2) Notice of Violation Posted in When owner is unknown,whereabouts City Ordinance Sec.13- Newspaper 11/17/2022 unknown,or where service of notice has 22(A)&(D)(3) failed (Published twice w/in a 10 day period) Deadline to comply with Newspaper When 30 days have elapsed from the City Ordinance Notice of Violation 12/18/2022 date of first publication Sec. 13-22(B) Notice Received Returned green card rec'd-Signed and n/a 7/18/2022 recd by P.Cambric Date of delivery 7/16 Returned Notice of Violation Posted at 11/28/22-12/2/22& When notice is returned showing City Ordinance Front Door of Property 12/5/22-12/9/22 unclaimed or not delivered Sec. 13-22(A)&(D)(4) Deadline to comply with Mailed 30 days from receipt of the notice City Ordinance Notice of Violation 8/15/2022 Sec. 13-22(A)(5) Re-inspection Not less thans 30 days from receipt of the City Ordinance 9/15/2022 notice or when 30 days have elapsed Sec. 13-22(B) from date of first publication Complaint filed with BSB When owner refused to comply;when City Ordinance not cured within 30 days from receipt of Sec. 13-22(B)(2) 9/5/2023 notice or any further agreed time;or when 30 days have elapsed from date of first publication Notice of Hearing Mailed to Last At least 10 days prior to hearing City Ordinance Known Address 9/6/2023 Sec. 13-22(C)&(D)(2) Notice of Hearing Posted in At least 10 days prior to hearing when City Ordinance Newspaper owner is unknown,whereabouts Sec.13-22(C)& (D)(3) 9/5/23&9/6/23 unknown,or where service of notice has failed (Published twice w/in a 10 day period) Notice of Hearing Filed with County At least 10 days prior to hearing City Ordinance Sec. 13- Clerk 9/6/2023 22(C) & Tx Local Gov't Code 214.001€ Returned Notice of Hearing Posted at 9/18/23-9/22/23 & When notice is returned showing City Ordinance Front Door of Property 9/25/23-9/27/23 unclaimed or not delivered Sec. 13-22(C)&(D)(4) BSB Agenda Posted 72 hours(3 days) before scheduled time Texas Govt.Code 9/19/2023 of hearing 551.043(a) BSB Hearing 9/28/2023 Not less than 10 days nor more than 45 City Ordinance days after Complaint filed Sec. 13-22 (C) Code Errf6Kem4trht wjft ,dap ., .NL lq • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline • 7/12/2022- Code Enforcement is notified of the potential violation and initial inspection of the property is completed. Property is placard for substandard conditions and a building survey is completed. A hold is placed on the utilities for the property. • 7/13/2022-Notice of violation and building survey are mailed out to property owner. Providing the owner with a 30-day compliance period. • 9/15/2022- A compliance reinspection was conducted, and the property was found to be in violation. • 9/16/2022-Citation issued to property owner for non-compliance. • 11/9/2022- A compliance reinspection was conducted, and the property was found to be in violation. • 11/10/2022-Citation issued to property owner for non-compliance. • 11/17/2022 & 11/18/2023- Legal public notice of violation for property is published in the Caller Times Newspaper. • 12/27/2022 & 12/28/2022- Legal public notice of Building Standards Board hearing for January 2023 published in the Caller Times Newspaper. Date of hearing is 1/26/2023. • 1/26/2023-A substandard building case was presented to the Building Standards Board. o The board ordered the property to be tabled until the March 2023 hearing.A verbal order was issued to the property owner to return with a vacancy proposal at the March hearing. • 2/27/2023 & 2/28/2023- Legal public notice of hearing for March 2023 published in the Caller Times Newspaper. Date of hearing is 3/23/2023. • 3/23/2023-A substandard building case was presented to the Building Standards Board. o The property owner did not comply with the March verbal order to present a vacancy proposal. o The board ordered the property to be tabled until the May 2023 hearing. A verbal order was issued to the property owner to return with a structural engineering report at the May hearing. • 5/1/2023 & 5/2/2023-Legal public notice of hearing for May 2023 published in the Caller Times Newspaper. Date of hearing is 5/25/2023. • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline • 5/5/2023- Inspection completed—Photos taken to verify the condition of the property. • 5/16/2023-Inspection completed—Photos taken to verify the condition of the property. • 5/25/2023-A substandard building case was presented to the Building Standards Board. o The property owner did not comply with the May verbal order to return with a structural engineering report.The owner stated they did not have did not have time to complete it. o The Board ordered the property to be tabled until the July 2023 hearing. A verbal order was issued to the property owner to return with a structural engineering report at the July hearing. • 7/3/2023 & 7/5/2023- Legal public notice of hearing for July 2023 published in the Caller Times Newspaper. Date of hearing is 7/27/2023. • 7/27/2023- A substandard building case was presented to the Building Standards Board. The property owner did not comply with the July verbal order to return with a structural engineer report. o The Board ordered property to be tabled till the September 2023 hearing. A verbal order was issued to the property owner to secure the property by installing a perimeter fence within 30 days and board up any openings to the structure to prevent potential access. • 8/12/2023-Inspection completed—Photos taken to verify the condition of the property. • 9/5/2023 & 9/6/2023-Legal public notice for the September 2023 hearing published in the Caller Times Newspaper. BSB hearing date is 9/28/2023. • 9/13/2023- Compliance Inspection completed — Fencing erected around one portion of the building but not completely around the perimeter of the building, as directed by the Building Standards Board at the 7/27/2023 BSB Hearing. o In addition, Code Compliance found an unsecure opening on the 2nd level and started an Unsecured Vacant Building to notify the owner of the unsecured opening on the 2nd level. • 9/28/2023- A substandard building case was presented to the Building Standards Board. The property owner did not appear at the hearing. The owner's legal representative advised that he would not be in attendance. o Via email, the owner's legal representative provided a letter from an engineer stating a summary of a general assessment of the condition of the building. A written request for an extension was also submitted via email. On behalf of the property owner, the letter from the engineer and the extension request were presented to the Building Standards Board for consideration. • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline o A motion was made to require the owner to demolish the structure within 30 days. The Board voted (3 to 1) and the motion passed. If the owner is non-compliant after the 31s' day,the City is authorized to demolish the structure. • 10/24/2023—The City's Secretary's Office confirmed receipt of the Notice of Appeal submitted by the owner's legal representative. • 11/14/2023 —A compliance inspection was conducted to find a fence has been erected around the perimeter of the building. o The 2"d floor opening has not been secured. ■ 11/14/2023—An inspection confirmed the 2"d floor is accessible and the opening remains unsecure. • An abatement work order will be issued to secure the opening. • 11/27/2023 — Notice of Building Standards Board Appeal Hearing sent to Priscilla Tyron Cambric and Matt Manning • 12/12/2023—Building Standards Board Appeal scheduled to be heard by City Council Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 cctexas.com Meeting Minutes - Draft Building Standards Board Thursday, September 28, 2023 1:30 PM 6th Floor Conference Room I. Call To Order, Roll Call Chairman Giffin called the meeting to order at 1:32 pm and a quorum was established to conduct the meeting. Present: 4- Chair Catherine Giffin, Merced Pena, John Solberg, and Carlos Martinez Absent: 1 - Monica Pareso II. PUBLIC COMMENT: None. III. Approval of Absences: None IV. Approval of Minutes 1. 23-1516 Regular Building Standards Board Meeting Minutes 7-27-2023 Attachments: DRAFT Minutes BSB Hearing 7-27-2023 A motion was made by Board Member Solberg to approve the minutes listed above and seconded by Board Member Martinez . The Vote: All Aye. The motion passed V. Approval of Staff Report 2. 23-1522 BSB Property Updates Attachments: BSB PROPERTY SPREADSHEET A motion was made by Board Member Solberg to approve the staff report listed above and seconded by Board Member Martinez . The Vote: All Aye. The motion passed VI. Public Hearings: The Board will hear the following cases concerning alleged violations under Chapter 13 of the Corpus Christi Code of Ordinances and may issue an order to demolish, vacate, relocate occupants, repair, and/or secure the premises. (Item A and B) City of Corpus Christi Page 1 Printed on 101512023 Building Standards Board Meeting Minutes -Draft September 28,2023 A. Returning for Board Action 3. 23-1521 Case Number: V184239-071222 Property Address: 1214 1/2-20 Staples St. N. Staff Recommendation: Demolish Commercial Structure Attachments: 1214 1.2-20 STAPLES N. ST. A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Pena. The Vote: Aye: Chairman Giffin, Board Members Martinez and Pena. Nay: Board Member Solberg. The motion passed. B. New Cases 4. 23-1517 Case Number: V199796-022423 Property Address: 1009 12th St. Staff Recommendation: Demolish Residential & Accessory Structure Attachments: 1009 12TH ST A motion was made by Board Member Pena tabling the property until the November Building Standards Hearing under the conditions that the owner must remedy all Code violations for property; seconded by Board Member Martinez. The Vote: Aye: Board Members Martinez, Pena, and Solberg. Nay: Chairman Giffin. The motion passed. 5. 23-1518 Case Number: V203743-041823 Property Address: 1920 16th St. Staff Recommendation: Demolish Residential & Accessory Structure Attachments: 1920 16TH ST. A motion was made by Board Member Solberg requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Chairman Giffin. The Vote: Aye: All in favor. The motion passed. 6. 23-1519 Case Number: V204051-042123 Property Address: 5437 Crockett St. Staff Recommendation: Demolish Residential Structure Attachments: 5437 CROCKETT ST. A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Solberg. The Vote: Aye: All in favor. The motion passed. City of Corpus Christi Page 2 Printed on 101512023 Building Standards Board Meeting Minutes -Draft September 28,2023 7. 23-1520 Case Number: V203624-041723 Property Address: 2112 Howard St. Staff Recommendation: Demolish Residential Structure Attachments: 2112 HOWARD ST A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Solberg. The Vote: Aye: All in favor. The motion passed. VII. Briefing: Emergency Demolition Overview 8. 23-1570 Emergency Demolition Report Attachments: BSB-EMER. DEMO SPREADSHEET No action needed. VIII. Future Agenda Items IX. Adjournment There being no further business to discuss, the meeting was adjourned at 3:23 pm. City of Corpus Christi Page 3 Printed on 101512023 i : : CASON Charles C.Webb,Jr. RE EFVE a Benny M. Cason Parker S.Webb 0 C T 2 4 2023 Patrick L. Beam Matthew(Matt) S. Manning CITY SECREWW'SCFRCE '7 Stephen J. Chapman Craig A. Rogers VIA E-Mail Ms. Rebecca Huerta City Secretary City of Corpus Christi, TX E: citysecretarvc@-cctexas.com E: cityclaims(cDcctexas.com Mr. Joseph (Buck) Brice Assistant City Attorney City of Corpus Christi, TX E:iosephb(c�cctexas.com 23 October 2023 Re: NOTICE OF APPEAL to the Corpus Christi City Council from the 28 September 2023 1 Building Standards Board (BSB) recommendation of demolition of the propertv located at 12141/2-1220 North Staples St., Corpus Christi,TX 78401 Case No: V184239-07122 Dear Corpus Christi City Council, Ms. Huerta and Mr. Brice: Please be advised that my client, Mrs. Priscilla Tryon Cambric, provides this notice of appeal pursuant to §13-24 of the City of Corpus Christi Code of Ordinances, appealing the Building Standards Board's 28 September decision to recommend demolition of her property. The decision is erroneous, manifestly unjust, without good cause, and would cause undue hardship on Mrs. Cambric, the owner. This decision is against the spirit and purpose of the Code of Ordinances and is against the public interest in maintaining and preserving historical, culturally-significant buildings. The error(s) committed by the Building Standards Board are thus: 1. Appellant-Owner,Mrs.Priscilla Cambric,provided to the Building Standards Board letters from both the Texas Historical Commission and Texas Dance Hall Preservation, Inc., outlining the historical significance of the building (at different times known as the Ebony Recreation Spot,the Skylark Club, and the Fabulous Lounge),noting specifically that it is the only remaining structure of its historical significance to African-Americans left standing in this community, particularly in the Northside area known as "The Cut." The letters from both organizations encouraged the City of Corpus Christi to afford Mrs. Cambric the opportunity and sufficient time to restore this building, considering its extraordinary historical significance. Copies of these letters are attached to this notice of appeal. 2. Undersigned counsel for Mrs. Cambric provided both a letter requesting continuance, due to previously-scheduled travel, and the report of the visual inspection of the property, as conducted by the Tradewinds Consulting Group, and at the behest of the Board. The Board nonetheless disregarded these communications in its decision. Copies of the e-mail requesting continuance; the letter requesting continuance; and the visual inspection report are attached to this notice of appeal. 3. With the exception of the 28 September 2023 meeting before the Board at which neither the property owner nor her counsel were present, the City of Corpus Christi Code Enforcement has not offered a single complaint from any member of the community regarding this property.Each alleged complaint was generated by Code Enforcement itself, seemingly intensifying upon Mrs. Cambric's challenging of Code Enforcement's repeated requests for demolition. 4. Mrs. Cambric has already incurred costs following the instruction of the Board to erect fencing on her property. She has put up a fence. It is erroneous and an undue hardship for the Board to force Mrs. Cambric to erect a fence on a property the Board is just ultimately going to recommend be razed. 5. At least one of the prior meetings, one member of the Board — Mr. John Solberg — recommended indefinitely tabling the discussion on Mrs. Cambric's property to afford her the time and opportunity to seek historical preservation and recognition for her property. Despite other Board members agreeing with that suggestion, the City Legal Department that there was no way to accomplish that. Notwithstanding the procedural issue, members of the Board were amenable to allowing Mrs. Cambric the opportunity to restore this culturally invaluable structure until the Board's abrupt about-face, divesting Mrs. Cambric;the Black community of Corpus Christi;and the City of Corpus Christi writ large of the presence and resurgence of one of its most culturally-significant structures. Please confirm receipt and contact my office should you have any questions or need assistance in scheduling a date for us to appear before the City of Corpus Christi City Council. Sincerely, Matthew(Matt) S. Manning Attorney for Priscilla T. Cambric TEXAS HISTORICAL COMMISSION real places telling real stories July 27, 2023 Robert Kurtz,Historic Preservation Officer Land Development I Development Services City of Corpus Christi 2406 Leopard Street Corpus Christi, Texas 78401 RE: Skylark Club/Fabulous Lounge/Ebony Recreation Spot, 1214-1220 N. Staples, Corpus Christi,Nueces County, Texas Dear Mr. Kurtz: I have reviewed our files regarding the building at 1214-1220 N. Staples,Corpus Christi.The property served a variety of businesses through the mid-20'century,most importantly music venues known as the Skylark Club, and later the Fabulous Lounge.During the Jim Crow period in Corpus Christi,rhythm&blues and experimental modes of jazz played by African American musicians were performed for African American audiences only in nightclubs such as the Skylark Club. Some Anglo and Hispanic members of the Corpus Christi swing scene would often visit this neighborhood(known as "The Cut")and participate in jam sessions in venues such as the Down Beat, In& Out,Hoot Club, Skylark Terrace, Club Alabam, and the Cotton Club, playing live music for predominantly—but not exclusively—Black audiences. Of these venues, only the building at 1214-1220 N. Staples is still standing. Historic music venues and dance halls are integral to understanding Texas' rich cultural heritage,and the Skylark Club/Fabulous Lounge is eligible for listing in the National Register of Historic Places under Criterion A in the areas of Entertainment and Ethnic Heritage/Black at the state level of significance. The building stands as a rare and fragile example of a night club devoted solely to these forms of popular music in Corpus Christi,and we encourage the city and property owner to take steps to secure and preserve this significant property. If you have any questions,you may contact me at(512) 463-6013 or greg.smith@thc.texas.gov. Thank you for your interest in the National Register and in preserving Texas' cultural heritage. Sincerely, Gregory Smith National Register Coordinator GREG ABBOTT, GOVERNOR • JOHN L. NAU, III, CHAIR • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 •AUSTIN. TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 •TDD 1.800.735.2989 •www.thc.state.tx.us 1 ' July 27, 2023 Robert Kurtz Historic Preservation Officer, Department of Development Services 2406 Leopard Street, Suite 100 Corpus Christi, TX 78408 Dear Robert: Texas Dance Hall Preservation, Inc., has reviewed the available information concerning the Ebony Recreation Spot, formerly known as the Skylark Club and the Fabulous Lounge,located at 1214- 1224 North Staples Street in Corpus Christi. I am writing today to encourage the City of Corpus Christi to table any action related to demolition and give the property owner sufficient time to determine whether this building can feasibly be secured, stabilized, and made weathertight. The Ebony Recreation Spot is historically and architecturally significant as a fairly rare example, statewide, of a surviving urban dance hall from the mid-20'century. While hundreds of dance halls were built during the late 1800s and early to mid-1900s,very few of them remain. The Ebony Recreation Spot meets the registration requirements for a dance hall as established by Texas Dance Hall Preservation and used, in part, to determine eligibility for the National Register of Historic Places. Other examples of long-vacant dance halls that have been recently rehabilitated and put back into productive use include Lerma's(San Antonio), the Eldorado Ballroom(Houston), and the Bellville Turnverein Pavilion(Bellville).All of these utilized a combination of historic tax credits, grants, and other funds—made possible by National Register eligibility—to complete the projects. In two of these cases, the building was being considered by the City for demolition before it was saved. Today,these dance halls and ballrooms are vibrant community spaces and are expected to catalyze economic development in the immediately surrounding area. Texas Dance Hall Preservation works with dance hall owners to provide technical assistance and consulting during restoration or rehabilitation projects. We can assist property owners with funding strategies, historic tax credit projects, connecting hall owners to specialized building professionals, etc. We have already spoken with Matt Manning, the property owner's attorney, regarding the potential historic designations available for the property and the financial incentives available for the rehabilitation of this historic building, including state and federal tax credits; grants such as the Texas Preservation Trust Fund grant program, Texas Dance Hall Preservation's Preservation Fund grant program, and others; state sales tax exemptions on construction labor for properties listed on the National Register and on "amusement services" when the building is returned to productive use; and the Property Assessed Clean Energy(PACE)program, which can assist with financing for energy-efficient building systems. 3005 S Lamar Blvd, Ste D-109#315, Austin, TX 78704 . 512-400-4315 • texasdancehall.org In 2019, Texas Dance Hall Preservation developed a toolkit for"mothballing" vacant buildings. We will be happy to provide this to the property owner and their building professionals at no charge, to assist in making this building secure and weathertight while future plans can be considered. Texas Dance Hall Preservation is currently documenting extant dance halls in the Hurricane Harvey disaster area,with a grant from the National Park Service, and our historic resources survey team is in touch with the owner of this property, with plans to document the Ebony Recreation Spot next week, on Thursday, August 3. The photographs and information collected during that visit will provide more information about the condition of the building and help to inform the property owner's decision-making about next steps. We request that the City of Corpus Christi defer any action on this building and allow us to work with the property owner to determine whether and how this building could be put back on the City's tax rolls and once again contribute to the economic vitality of this neighborhood. Very best regards, 6W*,1tA&&q&L Steph McDougal, Past President, Texas Dance Hall Preservation Board of Directors On behalf of Bethany Wolf, Executive Director CC: Mrs. Patricia Cambric Matt Manning, Esq. Gregory Smith, Texas Historical Commission 3005 S Lamar Blvd, Ste D-109#315, Austin, TX 78704 . 512-400-4315 • texasdancehall.org Tradewinds Consulting Group 5321 Crestwick Drive Corpus Christi, TX 7843 Cell: 361-658-5353 elsample,att.net August 16, 2023 Ms. Priscilla F. Cambric 2814 Rogers Street Corpus Christi,TX 78405 Cell: 361-765-9476 Email: pLrycam@aol.com Re: 1214 '/2-20 North Staples Street CORPUS CHRISTI,TX 78401 Ms. Cambric: As requested, I have performed a visual inspection of the above captioned property on August 14, 2023. The commercial building was vacant and not occupied during our inspections. Directional references are made as viewed from North Staples Street facing the building. This commercial building is a two-story structure built on a slab-on-grade foundation approximately 75 years ago. The exterior covering is metal with a conventionally framed wooden stud wall system. The roof is no longer functional. As stated,this building is approximately 75 years old. However,the slab-on-grade foundation appeared to be in favorable condition. No major repairs appear to be required. The purpose of the inspection was to ascertain the general structural condition of the building and formulate a plan to move forward with renovation and repairs. There are several options available to accomplish this task. Based on my inspections and our resulting discussion, a plan at this time is to remove or demolish the second-floor, including walls and remaining roof system. The existing roof was supported by trusses with a conventional roof covering system resting on the exterior walls. This option continues, after the demolition of the second-floor, to construct wood stud walls around the length and width of the entire building and construct a new roof structure. This would result in a one-story building with a new roof structure. This plan would allow the building to be secured until farther construction and remodeling would be done. We appreciate the opportunity to be of service to you in preparing this report. Yours truly. ��aaaaaaaMia 1! �� t•R• 'iiiii i�a E!Sampl , 10/23/23,4:18 PM Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance Matt Manning <Matt@wcctxlaw.com> To:Buck Brice<josephb@cctexas.com>;Amanda Pena <amanda@wcctxlaw.com> Bcc:ptrycam@aol.com <ptrycam@aol.com> 0 23 0928 Correspondence to Building Standards Board.pdf; 1214 North Staples Report.pdf; Buck: My apologies. My internet service has been wonky here at the Houston Hobby airport. Please find attached our letter requesting a continuance and the inspection report. Please confirm receipt. Best, Matt Manning Attorney VVEBB, CASON & MANNING C T F MATT@WCCTXLAW.com E • 41L C v/e/aw Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney-client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review,dissemination,distribution,or copying of this message is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return to us by mail. From: Buck Brice <josephb@cctexas.com> https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQv089SzaQ7lvONCcSRm6AA05%26JxoAAA%3D Page 1 of 5 10/23/23,4:18 PM Sent: Thursday, September 28, 2023 12:37 PM To: Matt Manning <Matt 9 wcctxlaw.com> Subject: Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance Matt, As previously discussed, you are going to submit an actual letter requesting a continuance. I have not recieved such letter, and the BSB meeting is 1 hour away. Thank You for Your Time and Attention, Buck Brice, LLM, JD, MBA Deputy City Attorney City of Corpus Christi Phone: 361-826-2376 Fax: 361-826-3239 "Confidential Attorney/Client Privileged Information" NOTICE: This email message is for the sole use of the intended recipient(s)and may contain confidential and privileged attorney-client information or work product. Do not forward without written permission from the original sender. You are hereby notified that any unauthorized review, use, disclosure,copying, or distribution of this email message or any information contained herein is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email or telephone at(361) 826-2376 and destroy all copies of the message immediately. Thank you From: Matt Manning <Matt@ wcctxlaw.com> Sent: Thursday, September 28, 2023 8:39 AM To: Buck Brice <josephb@cctexas.com> Subject: Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] Buck: Thanks. In that event, I'd appreciate it if you'd do me the professional courtesy of passing this along to the Board, as I'll be in the air at that time. Last my client and I spoke, she was planning to erect a fence. Haven't seen it with my own eyes, but I believe she put it up. The engineering report requested by the Board is attached. https://outlook.office.com/mail/id/AAMkAGEzZTiOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 2 of 5 10/23/23, 4:18 PM We are still intending to get our application in next month for historical designation and to get with the dancehall preservation folks we've been in contact with for funding. Best, Matt Manning Attorney WEBB, CASON & MANNING 710 MESQUITE STREET Corpus Christi, TX 78401 512.4 31.9 810 C 361.887.1031 T 361.887.0903 F MATT@WCCTXLAW.COM SENT FROM MY (PHONE Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney- client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return to us by mail. On Sep 27, 2023, at 09:27, Buck Brice <josephb@cctexas.com> wrote: Matt, I am not aware of any particular means. Thank You for Your Time and Attention, <Outlook-1476474776.png> Buck Brice, LLM, JD, MBA Deputy City Attorney City of Corpus Christi Phone: 361-826-2376 https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89Sza Q7lvONCCSRm6AA05%2BJxoAAA%3D Page 3 of 5 10/23/23,4:18 PM Fax: 361-826-3239 "Confidential Attorney/Client Privileged Information" NOTICE: This email message is for the sole use of the intended recipient(s)and may contain confidential and privileged attorney-client information or work product. Do not forward without written permission from the original sender. You are hereby notified that any unauthorized review, use,disclosure,copying,or distribution of this email message or any information contained herein is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email or telephone at(361) 826-2376 and destroy all copies of the message immediately. Thank you From: Matt Manning <Matt@wcctxlaw.com> Sent: Tuesday, September 26, 2023 9:57 AM To: Buck Brice <josephb@cctexas.com> Subject: [EXTERNAL]Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Buck: Good morning. I hope you're well. I'm bothering you because my client. Mrs. Priscilla Cambric Tryon, is slated to appear this Thursday in relation to her property at 1214 1/2-20 Staples St. N. at 1 :30pm. As you surely recall, I've appeared there with her before. I have a previously scheduled trip where I'll be flying out that morning. I was going to write a letter to the BSB apprising them of why we were not in attendance but wanted to seek guidance before I did that. Is there a particular way those boards like to receive continuances? Any help you can provide would be greatly appreciated. Best. Matt Manning Attorney WEBB, CASON & MANNING C T F matt@wcctxlaw.com E <image001.png> <image002.png> https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 4 of 5 10/23/23,4:18 PM Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney-client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review,dissemination,distribution,or copying of this message is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return to us by mail. https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 5 of 5 i : : CASON Charles C.Webb, Jr. Benny M. Cason Parker S.Webb Patrick L. Beam Matthew (Matt) S. Manning Stephen J. Chapman Craig Rogers September 28, 2023 Building Standards Board City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Re: Case No.: V184239-07122 Property Address: 1214 %-20 Staples St.N. Dear Building Standards Board: I hope this letter finds you well.I am unable to appear before you today as I had previous travel plans. Accordingly, we are respectfully asking that you grant us a continuance on our appearance before you this afternoon. Also,please find attached/enclosed the Inspection Report produced by the Tradewinds Consulting Group, who inspected the property on 16 August 2023. In conformity with the Board's prior instructions, my client has erected a fence around the property and got the property inspected. It is our intention to further our communication with the dancehall preservation entities and the Texas Historical Commission to apply for the Untold Markers program and any others for which the property is eligible. We ask the Board's grace in accepting this letter and the attached report in lieu of in-person attendance this afternoon and appreciate your consideration thereof in advance. Best Regards, V(� (I Matt Manning MSM/alp Enclosures A PROFESSIONAL CORPORATION 710 MESQUITE St. •Corpus Christi,TX 78401 361-887-1031 • FAX 361-887-0903 Toll Free 866-932-2529 • www.wcctxlaw.com Igo Code Compliance Division Notice of Building Standards Board Order Case No. V184239-07122n 9/28/2023 CERTIFIED LETTER# 70201810 0000 1229 0641 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI,TX. 78405 In regard to the building(s) or structure(s): located at 12141/2-20 STAPLES ST.N. CORPUS CHRISTI,TX.78401 located on the property described as COLONIA MEXICANA LTS 3,4,5 & 6 BLK SE/2 E described as COMMERCIAL STRUCTURE The Building Standards Board (hereinafter, "Board") met at 1:30pm on September 28, 2023, in the 6th Floor Executive Conference Room, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24 - Appeals. If the ordered action is not taken,the City may vacate,secure,remove,or demolish the building or relocate the occupants of the building.A lien will be placed on the property to cover the costs incurred by the City to vacate, secure, remove, and demolish the structure. The lien will be removed if the property owner or another person reimburses the City for the expenses. Furthermore, criminal prosecution in Municipal Court will be pursued if the ordered action is not taken.You can be assessed a fine of up to $500.00 each day a violation continues. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. If you have any questions regarding this matter, Roland Maldonado, Code Compliance Supervisor,can be reached at (361) 826-3046. Sincerely, Roland Maldonado Code Compliance Supervisor Development Services Attachment: Building Standards Board Order FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V184239-07122 In regard to the building(s)or structure(s): located at 12141/2-20 STAPLES ST.N. CORPUS CHRISTI,TX.78401 located on the property described as COLONIA MEXICANA LTS 3,4, 5 & 6 BLK SE/2 E described as COMMERCIAL STRUCTURE this Final Order is issued pursuant to the authority granted to the Building Standards Board("Board") of the City of Corpus Christi, ("City"),Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On September 28" ,2023 the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s)or structure(s)referenced above: FINDINGS: that a notice of violation and request to correct was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties and published in the Corpus Christi Caller Times; that 30 days have elapsed since the notice of violation was received and/or published and those violations were not cured; that a complaint was filed with the Chair of the Board and the public hearing was held not fewer than 10 days and not more than 45 days after the complaint was filed; that proper notice was sent to the owner(s), lienholder(s), mortgagee(s), and all known interested parties, and published in the Corpus Christi Caller Times; that a public hearing was held during a meeting of the Corpus Christi Building and Standards Board during which all interested persons were allowed to appear and be heard; that, after considering all testimony, documentation, and information at the public hearing, the building(s) or structure(s)identified above is(are)in violation of the standards set out in the Corpus Christi Code of Ordinances and is(are) dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; that the building(s)or structure(s) cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard where the Board orders demolition; that City will vacate, secure,remove,or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. ORDER: UNLESS SPECIFICALLY SELECTED BY CHECKBOX BELOW, IT IS HEREBY ORDERED: that the substandard building(s) and/or structure(s) referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days; and that, if there are items of personal property in the substandard building(s) and/or structure(s)to be demolished, the owner shall remove them within 30 days. 1 Or in the alternative to Demolition within 30 days,the Board ORDERS as indicated by the checked box(s)below: DEMOLITION WITHIN 31 TO 90 DAYS The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO DEMOLISH The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the demolition of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The Board further finds the above referenced property,including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building(s) or structure(s) not later than the 30th day from the date of this Order.In lieu of a bond,the owner, lienholder, or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR REPAIR WITHIN 30 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). 2 OR REPAIR WITHIN 31 TO 90 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within (31 to 90) days. Repairs must comply with City Ordinance Section 13- 22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO REPAIR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair of the building(s)or structure(s)and the owner(s), lienholder(s)and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore,the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F-1The Board further finds the above referenced property,including structures or improvements on the property, exceeds$100,000 in total value;therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this Order. In lieu of a bond,the owner, lienholder,or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR 30 DAYS TO SECURE The substandard building(s)or structure(s)referenced above shall be secured by the owner(s), lienholder(s), and/or mortgagee(s)from unauthorized entry within 30 days. 3 • F F, AND VACATE STRUCTURE(S) The Board finds the substandard building(s) or structure(s) is(are) so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days or days. The building(s) or structure(s) shall be placarded to prevent occupancy until the building(s)or structure(s)is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board. Catherine Giffin FO AGAINST/ABSTAIN Merced Pena GAINST/ABSTAIN Monica Pareso FORAT/ABSTAIN Carlos Martinez FO GAINST/ABSTAIN John B. Solberg FOR/ GAINST ABSTAIN Ordered this_28TH_day of_SEPTEMBER 52023. co�r��� L��av� Z��. v Signed under the authority of the B Signe under the auth of the Board: Chair Vice-Chair °I=12�tn Filed with the City Secretary: Date Filed `Zq.2 Rebecca Huerta City Secretary 4 NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 a � DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 Certified Letter# 7020 1810 0000 1364 0896 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI, TX. 78405 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. ntu, Assistant Director Development Services - Code Enforcement Division tr _ NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER 16� 1 BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI, TX. 78405 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BILK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the durationof the City Council Meeting as the "appeal" maybe heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. iCt!u, Assistant Director Development Services - Code Enforcement Division • NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 Certified Letter# 7020 1810 0000 1364 0902 MATT MANNING WEBB, CASON, & MANNING PC. 710 MESQUITE ST. CORPUS CHRISTI, TX. 78401 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 1/2-2 0 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available forthe durationof the City Council Meeting as the "appeal" may be heard at any time during the regularly larly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, 1 Tracey K. C tu, Assistant Director Development Services - Code Enforcement Division ril• • NOTICE OF APPEAL • OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING -- THAT BEGINS AT 11:30 AM 11/27/2023 MATT MANNING WEBB, CASON, & MANNING PC, 710 MESQUITE ST. CORPUS CHRISTI, TX. 78401 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s)- located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the durationof the Ci!y Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. C tu, Assistant Director Development Services - Code Enforcement Division 1 Er ro C3 D. —0 �l ertifiedMail reP Fin a '� Cxtra Seh'ices Faas la-cu-=--01.�' --r Y A �niR e;P hz•Ceca: v ❑Rakurn A r I'ectrmn.c! -- '�'1�--.—��\r✓ ere r N.triered Delr`ee: - t alrcr GAdulr:-,i —�{ E3 ostag �y m fti T°talc CAMBRIC PRISCILLA $ O 2814 ROGER STREET sent- ru snag CORPUS CHRISTI. TX 78445 P ru __— Cn ruF eau raeN O�naro} � ii.x:ra Scaucce S.I � i S�- .�- Po:,trr�ark :.nn Roce�P:!,..�... • 5.------�.— Hera peoalpt I L1Ger:iHed Mail Rc-;:rcu.;L':iuor7 _r _" do — ^',n.ul1 si9iature P nJ c;Jn G�iVvary 5�—..-- _ Past2�e ,Sotal l�c�� 7MATO MANNING ANNir4G PC C3 Sent To WE66,CASQN,Rru h4..• Cs 710 MESQUITE ST. TX.78401 r- CORPUS Ci-1RlSTl, �L�rly Sldl '� I' II 1'r I I i 1, u i i ii 1 Ilil �I�