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\ Meeting Agenda - Final-revised
City Council
Tuesday, February 20,2024 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 Deacon Michael Mantz, Diocese of Corpus Christi.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Brinley Hopkins, Senior at W.B. Ray High School.
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: (ITEM 1)
1. 24-0282 City Website Redesign Community Input Survey, Presented by Cecilia
Orozco, Assistant Director of Communications
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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
Communications Department at least 24 hours prior to the Meeting. Please
contact Communications at 826-3211 to coordinate. This is a public hearing for
all items on this agenda.
H. BOARD &COMMITTEE APPOINTMENTS: (NONE)
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. MOTION TO RECONSIDER: (ITEM 2)
If the motion to reconsider passes by the required two-thirds vote, then the
reconsidered item shall be voted at the same meeting.
2. 24-0308 Motion to reconsider the appointment of the chairman of Reinvestment
Zone No. 3 (Downtown) Board
Sponsors: City Secretary's Office
K. CONSENT AGENDA: (ITEMS 3- 13)
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.
3. 24-0306 Approval of the February 13, 2024 Regular Meeting Minutes.
Consent-Second Reading Ordinances
4. 24-0150 Ordinance annexing approximately 82.40 acres of land into the territorial
limits of the City of Corpus Christi located at the northwest corner of FM
43/Weber Road and London Pirate Road (formerly County Road 33) per
owner petition.
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Sponsors: Planning and Community Development Department
5. 24-0300 Public hearing and ordinance approving a Service and Assessment Plan
(SAP), approving a developer reimbursement agreement, and levying
the assessments for improvements within Improvement Area #1 of the
Whitecap Public Improvement District No. 1.
Sponsors: Economic Development
6. 24-0209 Ordinance amending the Capital Improvement Program to add the
Whitecap and Gypsy Bridges Scour Protection Project; appropriating
$1,500,000.00 from the unreserved fund balance in the TIRZ #2 Fund;
and amending the FY 2024 Operating and Capital Budgets.
Sponsors: City Manager's Office and Engineering Services
7. 24-0129 Ordinance authorizing the City Manager to execute a five-year lease
agreement with Driscoll Children's Hospital for hangar, office, storage,
and parking space at Corpus Christi International Airport, with four
one-year options to renew, in consideration of monthly lease payments
of$4,164.48 in the first year and annual rate increases.
Sponsors: Aviation Department
Consent- Contracts and Procurement
8. 24-0158 Motion authorizing the purchase of 100 additional body-worn cameras
and related equipment from Turn-Key Mobile, of Jefferson City,
Missouri, through the Texas Department of Information Resources, for
the Corpus Christi Police Department in an amount of$193,356.00, with
funding from the Police Grants Fund and the Law Enforcement Trust
Fund.
Sponsors: Police Department
9. 23-2024 Motion authorizing Amendment#3 to the service agreement with
NewGen Strategies and Solutions, LLC, for utility rate model
development and consulting services for Corpus Christi Water in an
additional amount of$204,040.00, and a potential total amount up to
$712,310.00, with FY 2024 funding of$126,505.00 from the Water Fund
and $77,535.00 from the Wastewater Fund.
Sponsors: Corpus Christi Water and Finance &Procurement
10. 23-1371 Motion authorizing the purchase of a modular building from Mobile
Modular Management Corporation, of Livermore, California, through the
Sourcewell Cooperative, for $330,063.05, to meet short-term office
requirements for Solid Waste Services, with FY 2024 funding from the
General Fund.
Sponsors: Solid Waste Operations and Finance &Procurement
11. 24-0194 Resolution authorizing the purchase of a mainline control stopping
system, used to isolate pressurized gas mains in cases of emergency,
from Groebner & Associates, Inc., of Rogers, Minnesota, in the amount
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City Council Meeting Agenda-Final-revised February 20,2024
of$250,498.10 for the Gas Operations Department, with FY 2024
funding from the Gas Operations Fund.
Sponsors: Gas Department and Finance &Procurement
Consent-First Reading Ordinances
12. 24-0256 Ordinance authorizing an agreement between the Corpus Christi B
Corporation and Elevate QOF LLC, for costs associated with FEMA AE
Flood Zone requirements and exterior upgrades for Homewood Suites
by Hilton at the corner of Chaparral Street and Lomax Street;
appropriating $2,000,000.00 for a non-reimbursable grant from the Type
B Economic Development Fund; and amending the budget.
Sponsors: Economic Development
13. 24-0195 Ordinance amending Sections 2-312, 2-326, 2-340, 2-342, and 2-349 of
the Code of Ordinances of the City of Corpus Christi, Texas to update
definitions and language for clarity, duties of the Ethics Commission,
disclosure of interests for contractors, and eliminate the use of short
form annual reports.
Sponsors: Legal Department
L. RECESS FOR LUNCH
The City Council will take a lunch break at approximately 1:30 p.m.
M. PUBLIC HEARINGS: (ITEMS 14-16)
The following items are public hearings and public hearings with first reading
ordinances. Each item will be considered individually.
14. 24-0154 Zoning Case No. 0124-01, Jonathan Verduzco (District 2). Ordinance
rezoning a property at or near 1563 South Nineteenth Street from the
"RS-6" Single-Family 6 District to the "RS-TF" Two-Family District;
Providing for a penalty not to exceed $2,000 and publication. (Planning
Commission and Staff recommend approval).
Sponsors: Development Services
15. 24-0155 Zoning Case No. 0124-02, John Tompkins (District 4). Ordinance
rezoning a property at or near 14762 Running Light Drive from the
"RS-6/10" Single-Family 6 District with the Island Overlay to the
"RM-AT/10" Multifamily Apartment Tourist District with the Island
Overlay; Providing for a penalty not to exceed $2,000 and publication.
(Planning Commission and Staff recommend approval).
Sponsors: Development Services
16. 24-0156 Zoning Case No. 0124-03, Cenikor Foundation (District 1). Ordinance
rezoning a property at or near 801 Cantwell Drive from the "CG-2"
General Commercial District to the "IL" Light Industrial District; Providing
for a penalty not to exceed $2,000 and publication. (Planning
Commission and Staff recommend approval).
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Sponsors: Development Services
N. BRIEFINGS: (ITEM 17)
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.
17. 24-0049 Corpus Christi Regional Economic Development Corporation (CCREDC)
Fourth Quarter Update
Sponsors: Economic Development
O. EXECUTIVE SESSION: (ITEM 18-19)
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.
18. 24-0283 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 the
provision of groundwater from the Evangeline Aquifer and/or surface
water, desalination, legal restrictions on & permits required for the
provision of water (including groundwater), regulations of groundwater
conservation district(s), TCEQ & EPA regulations related to water, state
restrictions on rates and charges for utilities, other statutory restrictions
on the issuance of debt and municipal contracting and potential
contracting of consultants to assist in matters related to
water/groundwater proposals
19. 24-0279 Executive session pursuant to Texas Government Code § 551.071
and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to
consult with attorneys concerning industries, infrastructure, utilities, and
property in the City's extraterritorial jurisdiction, services thereto,
industrial district agreements, and Chapters 42, 43 and 212 of the Texas
Local Government Code and Texas Government Code § 551.087 to
discuss and deliberate regarding potential financial or other incentive(s)
to business prospects(s) that the governmental body seeks to have
locate, stay, or expand in or near the territory of the City and with which
the City will be conducting economic development negotiations
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City Council Meeting Agenda-Final-revised February 20,2024
P. ADJOURNMENT
City of Corpus Christi Page 6 Printed on 2/19/2024
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City of TO: Rebecca Huerta, City Secretary
Corpus
Coasts FROM: Paulette Guajardo, Mayor
Offict Of TK_ DATE: February 15, 2024
MAYOR SUBJECT: Reconsideration of a Motion
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0'l\74�'"�"" I am writing to formally request a reconsideration of the motion
MNW 141=041110 pertaining to the board appointment for TIRZ #3, specifically the
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appointment of the Chairman that was voted on during our
recent council meeting on February 13, 2024. 1 would like to
respectfully urge you to add this reconsideration motion to the
agenda for our next council meeting on February 20, 2024.
Warm Regards,
Paulette Gua ardo, ayor
Mike Pusley, Council Membe�,At- Large
City of Corpus Christi 1201 Leopard Street
� Corpus Christi,TX 78401
cctexas.com
Meeting Minutes
City Council
Tuesday, February 13,2024 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 11:35 a.m.
B. Invocation to be given by Pastor Rob Bailey, Southside Community Church.
Pastor Rob Bailey, Southside Community Church, gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag will be
led by Celeste Garza, Senior at Moody High School.
Celeste Garza, Senior at Moody 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
Assistant City Secretary Stephanie Box provided a security briefing.
F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -3)
1. 24-0248 National Association for the Advancement of Colored People (NAACP)
Overview and City Staff Recipients of President's Award - Presented by Jeremy
Coleman, President of NAACP - Corpus Christi
This Item was withdrawn.
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2. 24-0255 March 5, 2024 Primary Election Overview
City Manager Peter Zanoni provided a brief overview of the Primary Election on March 5.
Early voting begins Tuesday, February 20 and ends Friday, March 1.
A Council Member and City Manager Zanoni discussed the following topic: a request
that city facilities be available for candidates to place signs.
3. 24-0219 FY 2024 First Quarter Budget Report
City Manager Peter Zanoni presented information on the FY 2024 First Quarter Budget
Report as follows: presentation overview; general fund revenues; general fund expenses;
FY 2024 budget initiatives (all funds); HOT tax revenue; water fund revenues and
expenses; wastewater revenues and expenses; Capital Improvement Program; first
quarter summary; and next steps.
Council Members, City Manager Zanoni and City Attorney Miles Risley discussed the
following topics: the City's goal is to reduce the water fund expenses in the second
quarter budget report; over 80 companies are under an Industrial District Agreement
(IDA); the City is still in the negotiation process and budgeted IDA's based on values so it
won't affect the revenues; the financial advisor will present to Council information on the
City's debt levels compared to other Texas cities; and a request for staff to provide
Council with monthly updates on capital projects.
G. PUBLIC COMMENT
Mayor Guajardo opened public comment.
Kimberly Ballenger, 8205 Radial Court, asked for consideration for the appointment to
the Ethics Commission.
The following citizens spoke in opposition to the North Beach floodplain permits: Ron
Graban, 202 Surfside Blvd., Carrie Meyer, 4401 Gulfbreeze Blvd., Barbara Welder, 202
Reef Ave., and Peter Meyer, 4401 Gulfbreeze Blvd.
John Weber, 609 Naples St., expressed concern about desalination in the Bay.
Rachel Caballero, 522 Hancock Ave., spoke in opposition to all desalination plants and
ammonia plants.
Mike Carlisle, 3749 Piedra Creek, invited all Council Members to attend the Texas
Historical Marker Dedication at the USS Lexington on Saturday, February 17 at 11:00
a.m.
Jumana Al abed, 6925 South Padre Island Dr., spoke about spending City tax dollars
wisely and not sending money to Israel.
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Lydia Ponce, CA, spoke about how desalination negatively impacts the ocean.
The following citizens submitted a written public comment which is attached to the
minutes: Richard & Marilyn Gloetzner, 2919 Waldron Rd.
H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 4)
4. 24-0225 Committee for Persons with Disabilities (5 vacancies)
Ethics Commission (1 vacancy)
Parks and Recreation Advisory Committee (1 vacancy)
Reinvestment Zone No. 3 (Downtown) Board (4 vacancies)
Senior Corps Advisory Committee (3 vacancies)
Mayor Guajardo referred to Item 4.
Committee for Persons with Disabilities:
Reappointed: Susan Depoliti Tower and Imelda M. Trevino
Appointed: Sonya M. Durrwachter, Michelle Jones, and Aliza Long
Ethics Commission:
Appointed: Kimberly K. Ballenger
Parks and Recreation Advisory Committee:
Appointed: Jose De La Paz
Reinvestment Zone No. 3 (Downtown) Board:
Reappointed: Council Members Sylvia Campos, Michael Hunter, and Mike Pusley
Reappointed: James Sedwick (DMD representative)
Appointed: Chairman Everett Roy
Senior Corps Advisory Committee:
Reappointed: Stephanie M. Brown (SCP Volunteer Station), Joann Cantu (RSVP
Volunteer), and Allison C. Vela (At Large)
I. EXPLANATION OF COUNCIL ACTION:
J. CONSENT AGENDA: (ITEMS 5 - 21)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Items 6, 7, 8, 12, 18 and 19 were pulled
for individual consideration.
Council Member Klein moved to approve the consent agenda with the exception of Items
6, 7, 8, 12, 18 and 19, seconded by Council Member Suckley. The motion carried by the
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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
5. 24-0265 Approval of the January 30, 2024 Regular Meeting Minutes.
The Minutes were approved on the consent agenda.
Consent-Second Reading Ordinances
6. 24-0109 Ordinance abandoning, vacating, and closing 0.4132 acres of improved and
unimproved public right-of-way identified as Mary Street, also known as Bluett
Avenue, between 19th street and 20th street in support of the Lamar Elementary
School site project to develop affordable housing for seniors.
Mayor Guajardo referred to Item 6.
A Council Member, City Manager Peter Zanoni, Director of Public Works Ernest De La
Garza, and Assistant Director of Public Works Renee Couture discussed the following
topics: the City did not receive any compensation for vacating this easement; and a
concern that this project did not follow the City's standard practice.
Council Member Hunter moved to approve the ordinance, seconded by Council Member
Campos. This Ordinance was passed on second reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Hernandez
Abstained: 0
Enactment No: 033292
7. 24-0122 Ordinance authorizing Real Property Exchange Agreement with the Port of
Corpus Christi Authority and the conveyance and exchange of 1208 Peabody
Avenue & 1622 Van Loan Avenue for 2011 Palm Drive & 2101 Van Loan
Avenue and provide additional payment thereof in the amount of$3,000, located
in Council District 1 with funding available from SWIFT Fund.
Mayor Guajardo referred to Item 7.
Council Member Campos pulled this Item to vote no.
John Weber, 609 Naples St., spoke in opposition to this Item.
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Council Member Suckley moved to approve the ordinance, seconded by Council
Member Hunter. This Ordinance was passed on second reading and approved with the
following vote:
Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy
Nay: 2- Council Member Klein and Council Member Campos
Abstained: 0
Enactment No: 033293
8. 24-0036 Zoning Case No. 1223-01, Thanksgiving Homes (District 2). Ordinance rezoning
a property at or near 3029 Sabinas Street from the "RS-6/SP" Single-Family 6
District with a Special Permit to the "RS-TH" Townhouse District; Providing for a
penalty not to exceed $2,000 and publication. (Planning Commission and Staff
recommend approval).
Mayor Guajardo referred to Item 8.
Council Member Suckley pulled this Item to abstain.
Council Member Hunter moved to approve the ordinance, seconded by Council Member
Pusley. This Ordinance was passed on second reading and approved with the following
vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Roy, Council Member Klein and
Council Member Campos
Abstained: 1 - Council Member Suckley
Enactment No: 033294
Consent- Contracts and Procurement
9. 24-0112 Motion authorizing execution of a two-year service agreement with Dana Safety
Supply, of Harlingen, Texas, through the Buyboard Cooperative, for installation of
parts and equipment for 36 additional police vehicles in an amount up to
$695,829.16, with FY 2024 funding of$128,002.49 from the Crime Control
Fund, $430,765.06 from the Fleet Equipment Replacement Fund, and
$137,061.61 from the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2024-013
10. 24-0192 Motion authorizing execution of a one-year supply agreement, with a one-year
option, with Brenntag Southwest, Inc. of Lancaster, Texas, in an amount not to
exceed $2,600,000.00, with a potential amount of$5,200,000.00 if the option is
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exercised, for the purchase of liquid chlorine delivered by rail car, with FY 2024
funding of$1,700,000.00 from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2024-014
11. 23-2035 Resolution authorizing execution of a new master agreement and Amendment
No. 1 with Environmental Systems Research Institute, Inc. (ESRI), of Redlands,
California, for software licensing and support of the City's geographic
information system (GIS) for a three-year, auto-renewable term in the amount of
$750,000.00, with FY 2024 funding of$250,000.00 from the Information
Technology Fund.
This Resolution was passed on the consent agenda.
Enactment No: 033295
12. 23-2041 Motion authorizing execution of Amendment#2 to the co-op agreement with
Great South Texas Corp, dba Computer Solutions, to upgrade a Cisco network
analytic software application for$52,358.40, with a revised total amount of
$1,876,637.34, with FY 2024 funding of$26,179.20 from the Information
Technology Fund.
Mayor Guajardo referred to Item 12.
Council Member Campos commended City Manager Zanoni for hiring a local company.
Council Member Campos 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: M2024-015
Consent- Capital Projects
13. 24-0004 Motion authorizing a professional services contract with Plummer Associates,
Inc., Corpus Christi, to provide design, bid, and construction phase services for
Waldron Lift Station Force Main Replacement in an amount not to exceed
$428,585.00, located in Council District 4, with FY 2024 funding available from
Wastewater Capital Fund.
This Motion was passed on the consent agenda.
Enactment No: M2024-016
14. 24-0202 Motion authorizing a professional services contract with Turner Ramirez
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Architects, Corpus Christi, Texas, in an amount not to exceed $269,742.00 for
the design of a new Allison WWTP Operation & Control Center located in
Council District 1 with FY 2024 funding available from Revenue Bonds.
This Motion was passed on the consent agenda.
Enactment No: M2024-017
15. 24-0203 Motion authorizing a professional services contract with Turner Ramirez
Architects, Corpus Christi, Texas, for the design of a new Whitecap Wastewater
Treatment Plant (WWTP) Operation & Control Center located in Council District
4, in an amount not to exceed $290,752.00, with FY 2024 funding available from
Revenue Bonds.
This Motion was passed on the consent agenda.
Enactment No: M2024-018
16. 24-0216 Motion awarding a construction contract to Mako Contracting LLC, Corpus
Christi, Texas, in an amount not to exceed $1,000,000.00 with the option to
renew for one additional year to be administratively authorized for a total amount
not to exceed $2,000,000.00 for the Concrete Street Improvements IDIQ
program at various locations, as planned in the Infrastructure Management Plan,
located city-wide, with FY 2024 funding of$815,490.00 available through Street
Fund, Storm Water, Wastewater, and Water Capital Funds.
This Motion was passed on the consent agenda.
Enactment No: M2024-019
17. 24-0101 Motion awarding a construction contract to NorthStar Elite Construction &
Consulting, LLC., Spring Branch, TX, for the Neyland Library Improvements
project in an amount of$560,504.00 located in Council District 2 with FY 2024
funding available from the Certificates of Obligation funds.
This Motion was passed on the consent agenda.
Enactment No: M2024-020
General Consent Items
18. 24-0241 Resolution in support of the proposed 9% Low-income Housing Tax Credits for
an up to 81-unit affordable housing project known as Palms at Morris at 2212
Morris Street to be developed by TG 110 Palms at Morris, LP.
Mayor Guajardo referred to Items 18 and 19.
Council Members, City Manager Peter Zanoni, Director of Planning and Community
Development Dan McGinn, and Assistant Director of Planning and Community
Development Jennifer Buxton discussed the following topics: how affordable housing
projects were promoted to developers and selected by the city; many cities provide grant
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awards to assist with construction costs, but Prospera agreed to take out a loan and
reimburse the City; a suggestion that the City charge a fair interest rate for affordable
housing projects; and a request for a break down of bid tabulations.
Council Member Hunter moved to approve the resolution, seconded by Council Member
Pusley. This Resolution was passed and approved with the following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Hernandez
Abstained: 0
Enactment No: 033296
19. 24-0242 Resolution in support of the proposed 9% Low-income Housing Tax Credits for
an up to 81-unit affordable housing project known as Palms at Williams at 7031
Williams Drive to be developed by TG 110 Palms at Williams, LP.
See Item 18.
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member
Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and
Council Member Campos
Nay: 1 - Council Member Hernandez
Abstained: 0
Enactment No: 033297
20. 23-1189 Resolution authorizing park improvement agreement for London Towne
Subdivision with Braselton Development Company, Ltd for public park
improvements in lieu of the park development fees.
This Resolution was passed on the consent agenda.
Enactment No: 033298
Consent-First Reading Ordinances
21. 24-0129 Ordinance authorizing the City Manager to execute a five-year lease agreement
with Driscoll Children's Hospital for hangar, office, storage, and parking space at
Corpus Christi International Airport, with four one-year options to renew, in
consideration of monthly lease payments of$4,164.48 in the first year and
annual rate increases.
This Ordinance was passed on first reading on the consent agenda.
K. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:40 p.m. Executive Session
City of Corpus Christi Page 8 Printed on 211612024
City Council Meeting Minutes February 13,2024
Items 27 and 28 were held during the lunch recess. Mayor Guajardo reconvened the
meeting at 3:31 p.m.
L. PUBLIC HEARINGS: (ITEMS 22 - 23)
22. 24-0150 Ordinance annexing approximately 82.40 acres of land into the territorial limits of
the City of Corpus Christi located at the northwest corner of FM 43/Weber Road
and London Pirate Road (formerly County Road 33) per owner petition.
Mayor Guajardo referred to Item 22.
Council Members, Director of Planning & Community Development Dan McGinn, and Dr.
Whitis discussed the following topics: the requested annexation includes the entire
London ISD campus, as well as the athletic fields; and currently there are 15 active
subdivisions in the London area.
Mayor Guajardo opened the public hearing.
Superintendent of London Independent School District (ISD) Dr. Judi Whitis gave a brief
overview about the growth in the London area.
Mayor Guajardo closed the public hearing.
Council Member Barrera moved to approve the ordinance, seconded by Council
Member Hernandez. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and
Council Member Campos
Nay: 1 - Council Member Klein
Abstained: 0
23. 24-0300 Public hearing and ordinance approving a Service and Assessment Plan (SAP),
approving a developer reimbursement agreement, and levying the assessments
for improvements within Improvement Area #1 of the Whitecap Public
Improvement District No. 1.
Mayor Guajardo referred to Item 23.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Hunter moved to approve the ordinance, seconded by Council Member
City of Corpus Christi Page 9 Printed on 211612024
City Council Meeting Minutes February 13,2024
Hernandez. This Ordinance was passed on first reading and approved with the following
vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 24 - 25)
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 properly restoring
street surfaces that have been cut for utilities or other tie-ins and providing for
penalty; providing for publication.
Mayor Guajardo referred to Item 24.
Director of Public Works Ernest De La Garza presented information on the following
topics: recap; history; ordinance goals; reduce street infrastructure damage; establish
driveway permit requirement; ensure conformance to City standards; update and specify
restoration requirements; street restoration requirements; driveway/sidewalk
requirements; and staff recommendations.
A Council Member and Director De La Garza discussed the following topics: to ensure
that ADA requirements are met for new residential driveways; and brick pavers on
sidewalks must meet city standards.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Hernandez moved to amend the ordinance to accept staff's
recommendations, seconded by Council Member Suckley and passed unanimously.
Council Member Hernandez moved to approve the ordinance as amended, seconded by
Council Member Campos. This Ordinance was passed on second reading as amended
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: 033299
City of Corpus Christi Page 10 Printed on 211612024
City Council Meeting Minutes February 13,2024
25. 24-0209 Ordinance amending the Capital Improvement Program to add the Whitecap
and Gypsy Bridges Scour Protection Project; appropriating $1,500,000.00 from
the unreserved fund balance in the TIRZ #2 Fund; and amending the FY 2024
Operating and Capital Budgets.
Mayor Guajardo referred to Item 25.
Mayor Guajardo opened public comment.
There were no comments from the Council or the public.
Mayor Guajardo closed public comment.
Council Member Suckley moved to approve the ordinance, seconded by Council
Member Campos. This Ordinance was passed on first reading and approved with the
following vote:
Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member
Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy,
Council Member Klein and Council Member Campos
Abstained: 0
N. BRIEFINGS:(ITEM 26)
26. 24-0218 Proposed Bond 2024 Program Briefing
Mayor Guajardo referred to Item 26.
Assistant City Manager Neiman Young presented information on the following topics: city
bond background; guiding principles to be used in developing the program; rough
proportionality (previous bonds); general obligation debt capacity; and key dates for
Bond 2024.
Council Members, City Manager Zanoni, and Assistant City Manager Young discussed
the following topics: a request for more basketball courts and sidewalks.
O. EXECUTIVE SESSION: (ITEMS 27 -28)
Mayor Guajardo referred to Executive Session Items 27 and 28. The Council went into
Executive Session at 1:40 p.m. The Council returned from Executive Session at 3:31
p.m.
27. 24-0278 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 Corpus Christi Unified Development
Code Article 3 (Development Review Procedures) and potential waiver thereof,
Sections 8.5.1 through 8.5.2.1-1. (Trust Funds), master plans related to water and
City of Corpus Christi Page 11 Printed on 211612024
City Council Meeting Minutes February 13,2024
sewer infrastructure and other potential improvements to real property, impact
fees and Chapter 395 of the Texas Local Government Code, vested rights,
Texas and federal law related to exactions and takings, the potential repeal of
Ordinance 033246 approved on December 12, 2023 titled "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.", and the potential waiver of
UDC Sections 8.5.1.C. and 8.5.2.E. and other UDC and applicable Code
provisions, conditioned on alternate consideration requirements to be specified
in the waiver ordinance.
The following Ordinance was considered:
One-reading ordinance waiving Unified Development Code ("UDC") § 3.2, §8.5.1.0 and
UDC §8.5.2.E to allow LM & JM Investments, LLC to be eligible for an arterial
transmission and grid mains construction and reimbursement agreement after the start of
construction of Water Arterial Transmission & Grid Main related to London Ranch
Estates Subdivision so long as such construction is not completed prior to execution of
such agreement, to allow MPM Development, LP to be eligible for a Wastewater Trunk
System Construction and Reimbursement agreement after the start of construction of
Wastewater Trunk line related to Haven Road Subdivision so long as such construction is
not completed prior to execution of such agreement, to allow Saratoga 400 Partners,
LLC to be eligible for a Wastewater Trunk System Construction and Reimbursement
agreement after the start of construction of Wastewater Trunk line related to Saratoga
Ridge Subdivision so long as such construction is not completed prior to execution of
such agreement; and repealing Ordinance 033246 approved on December 12, 2023.
Council Member Hernandez moved to approve the ordinance, seconded by Council
Member Suckley. This Ordinance 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: 033300
28. 24-0166 Executive session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning industries, infrastructure, utilities, and property in the City's
extraterritorial jurisdiction, services thereto, industrial district agreements, and
Chapters 42, 43 and 212 of the Texas Local Government Code and Texas
Government Code § 551.087 to discuss and deliberate regarding potential
City of Corpus Christi Page 12 Printed on 211612024
City Council Meeting Minutes February 13,2024
financial or other incentive(s) to business prospects(s) that the governmental
body seeks to have locate, stay, or expand in or near the territory of the City and
with which the City will be conducting economic development negotiations
This E-Session Item was discussed in executive session.
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 4:02 p.m.
City of Corpus Christi Page 13 Printed on 211612024
From: Sarah Brunkenhoefer
To: Sarah Brunkenhoefer
Subject: FW: Written Public Comment 2/13
Date: Thursday,February 15,2024 9:23:11 AM
From:Jotform<noreplyna iotform.com>
Sent: Thursday, February 8, 2024 2:03 PM
To: CitySecretary<CitySecretar) lPcctexas.com>; Norma Duran <NormaD2Pcctexas.com>
Subject: Public Input: 02-09-2024 - Richard & Marilyn Gloetzner
[ [ 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 02-09-2024
Name Richard & Marilyn Gloetzner
Address Street Address: 2919 Waldron Rd
Street Address Line 2: Trlr 30
City: Corpus Christi
State/Province: TX
Postal/Zip Code: 78418
Topic Desalination
Agenda Item Number unknown
Describe Feedback: We would like to express our concern for our Bay
and our way of life that may be adversely affected
by proposed Desalination plants. The adverse
affects would be by higher water costs and
damage to our fishing and tourism industry.
In Carlsbad, California, their water rates tripled
after they built a Desal plant there. In regards to
the Bay, we think that a pipeline which would
empty out into the Gulf, rather than the Bay may
not be as damaging to the Aquatic life.
We have not heard of any study results and feel
there is a need for more information and
transparency for our citizens!
Provide an email to receive
gloetznersPjuno.com
a copy of your submission.
�yUS C�,`
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coapaaasE° AGENDA MEMORANDUM
xs52 Public Hearing, First Reading for the City Council Meeting of February 13, 2024
Second Reading for the City Council Meeting of February 20, 2024
DATE: January 12, 2024
TO: Peter Zanoni, City Manager
FROM: Daniel McGinn, AICP, Director of Planning and Community Development
Dan ielMc(a)cctexas.com
(361) 826-7011
London ISD Property Annexation:
FM 43/Weber Road at London Pirate Road
CAPTION:
Ordinance annexing approximately 82.40 acres of land into the territorial limits of the
City of Corpus Christi located at the northwest corner of FM 43/Weber Road and
London Pirate Road (formerly County Road 33) per owner petition.
SUMMARY:
The London Independent School District has petitioned the City to annex its property
used as a public education facility. This tract is currently contiguous with the city limit
line to the north and east, which allows the petition for annexation to proceed to Council
for consideration. Staff recommend approval of the annexation.
BACKGROUND AND FINDINGS:
City water service was made available to the London area several decades ago,
however, the potential for wastewater capacity did not become available until 2020 with
the beginning of urban residential development of land north and east of the school
property. The availability and capacity of wastewater service in the vicinity of the school
allow for sustainable and expanded use of the property to meet area demand.
The subject property is currently used as a grades Kindergarten through 12th-grade
public school facility. The owner plans an expansion of those existing facilities as the
growing student population growth requires. Currently, there are 1 ,740 K-12 students
enrolled in the District, and their latest forecast anticipates enrollment of 2,435 students
by 2027-28 and 3,300 students by 2032-33.
City Services to Subject Property
A Municipal Service Plan outlines how the City will provide services to this newly
annexed area and the City Manager is authorized by the City Charter to execute the
agreement. The subject property is located within the City of Corpus Christi's Certificate
of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will
continue to receive City water utility service and intends to tie on to the City wastewater
system. The proposed public school use does not reach a threshold at which additional
City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and
Recreation services are needed.
ALTERNATIVES:
No alternatives to annexation were considered.
FISCAL IMPACT:
Once annexed, the property will not generate ad valorem tax revenues due to the
exemption permitted for public schools by the State of Texas.
Funding Detail:
No funds are being encumbered with this action.
RECOMMENDATION:
Staff recommend approval of the annexation.
LIST OF SUPPORTING DOCUMENTS:
Ordinance with Exhibits (Service Plan, Property Description)
Petition for Annexation (London Independent School District)
Presentation
Ordinance annexing approximately 82.40 acres of land into the territorial
limits of the City of Corpus Christi located at the northwest corner of FM
43/Weber Road and London Pirate Road (formerly County Road 33) per
owner petition.
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, the London Independent School District petitioned the City requesting
annexation;
WHEREAS, an offer of a development agreement pursuant to Texas Local
Government Code §43.016 has been made;
WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2
authorizes the City Manager to execute a Municipal Service Plan Agreement with the
owners of land in the area for the provision of services in the area to be annexed, and the
City negotiated and entered into the attached Exhibit C Municipal Service Plan Agreement
with the owners of land in the area for the provision of services in the area to be
annexed;
WHEREAS, on February 13, 2024, a public hearing was held by the City Council,
during City Council meeting in the City of Corpus Christi, following the publication of notice
of the hearings in a newspaper of general circulation in the City of Corpus Christi, for the
consideration of annexation proceedings for the defined lands and territory, during which all
persons interested in the annexations were allowed to appear and be heard;
WHEREAS, City Council finds that the territory now proposed to be annexed lies
wholly within the extraterritorial jurisdiction of the City of Corpus Christi, is contiguous to the
City of Corpus Christi, and 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;
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;
WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1 .5, all new
territory annexed to the City has the initial zoning of "FR" Farm Rural District unless action is
taken to amend the Zoning Map upon annexation; and
WHEREAS, pursuant to Texas Local Government Code §42.021(e), an annexation
commenced after January 1 , 2023, does not expand the extraterritorial jurisdiction of a
municipality unless contemporaneously with the annexation the owner or owners of the area
that would be included in the municipality's extraterritorial jurisdiction as a result of the
annexation request that the area be included in the municipality's extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
1
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. An 82.40-acre tract of land, more or less, described by metes and bounds in
Exhibit A and sketch to accompany in Exhibit B, generally located at the northwest corner
of FM 43/Weber Road and London Pirate Road (formerly County Road 33) south of Oso
Creek, is annexed to, brought within the corporate limits, and made an integral part of the
City of Corpus Christi.
SECTION 3. The owners and inhabitants of the tracts or parcels of land annexed by this
ordinance are entitled to all the rights, privileges, and burdens of other citizens and property
owners of the City of Corpus Christi and are subject to and bound by the City Charter of
the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules, and
regulations of the City of Corpus Christi and to all intents and purposes as the present
owners and inhabitants of the City of Corpus Christi are subject.
SECTION 4. The official map and boundaries of the City and its extraterritorial jurisdiction,
previously adopted and amended, are amended to include the territories described in this
ordinance as part of the City of Corpus Christi, Texas.
SECTION 5. That the City Manager or his designee is directed and authorized to perform
or cause to be performed all acts necessary to correct the official map of the City and its
extraterritorial jurisdiction to add the territory annexed as required by law.
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of the ordinance shall be held invalid or unconstitutional by the 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 7. The City Secretary is hereby directed to file with the County Clerk of Nueces
County, Texas, a certified copy of this ordinance.
SECTION 8. This ordinance is effective upon passage on the second reading.
Introduced and voted on the day of , 2024.
PASSED and APPROVED on the day of , 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
2
Job No.42900.C3.02
URBAN AM�til November 1,2023
ENGINEERING "awwlr mvI Revised: November 6,2023
Exhibit A
82.40 Acre
Annexation Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for an 82.40 Acre, Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No.
135, Abstract 581, and the L&G.N.R.R. Survey No. 140, Abstract 612, as shown on the map of the Laureles Farm
Tract,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas,and comprising all
of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2,
London School Tracts,a map of which is recorded in Volume 67,Page 180, said Map Records,all of Lot 3, London
School Tracts, a map of which is recorded in Volume 67, Page 578, said Map Records; all of a 20.00 Acre Tract
described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District,
recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty
Deed from The South Texas Children's Home to London Independent School District, recorded in Document No.
2008018783, said Official Public Records; the remainder of a 27.50 Acre Tract described in a Warranty Deed from
The South Texas Children's Home to London Independent School District,recorded in Document No. 2003067159,
Official Public Records of Nueces County,Texas;the remainder of a 5.00 Acre Tract described in a Warranty Deed
from The South Texas Children's Home to London Independent School District, recorded in Document No.
2003067159, said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T.Petty
to the County School Trustees of Nueces County, State of Texas,recorded in Volume 112,Page 392,Deed Records
of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's
Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M.London,Dellana Morrine
London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District,
recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from
J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common
School District Np. 35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre
Tract being more fully described as follows:
Beginning, at 5/8 Inch Iron Rod Found, on the North Right-of-Way Line of Farm to Market Road 43,the
apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway;
Thence, South 89°10'38" West, with the said North Right-of-Way Line, 476.67 Feet, for a corner of this
Tract,from Whence,a TxDot Monument Found,bears South 00°46'26"East,0.75 Feet;
Thence, North 00°46'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast
corner of the said Lot 1,London School Tracts,for an inner ell comer of this Tract;
Thence,South 89°10'38"West,with the said North Right-of-Way Line,the South boundary line of the said
London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND
WELSH"Found,for the common South corner of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner
of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in
a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in
Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School
Tracts and this Tract, from Whence, a 5/8 Inch Iron Rod with plastic cap stamped "5435" Found, bears South
00°48'31"East, 16.36 Feet;
Thence, North 00°48'31" West, with the common boundary line of the said Lot 3 and the said 1.29 Acre
Tract,296.02 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"5435"Found,for a common comer of the said
1.29 Acre Tract with the said Lot 3 and this Tract;
Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract,the said Lot 3
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet;
2725 Swantner Dr., Corpus Christi,TX 78404 1 361.854.3101 1 TBPELS E-145 S-10032400 I urbaneng.com
Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line
of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of
Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records,
1608.22 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,on the South Right-of-
Way Line of Lady Claudia Street,being an inner ell corner of the said King's Landing Unit 1,for the Northwest corner
of the said 25.00 Acre Tract and this Tract;
Thence, North 89°08'57" East,with a South boundary line of the said King's Landing Unit 1 and the said
Lady Claudia Street, and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary
line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey
No. 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from
Sheilah London to Bill J.Brown,Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No.
2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the
Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land
described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract;
Thence, South 01°00'19"East,with the common boundary line of the said 118.126 Acre Tract and the said
25.00 Acre Tract,3.12 Feet,for an outer ell corner of this Tract;
Thence,North 88°54'56"East,with the common boundary line of the said 118.126 Acre Tract and the said
20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road
33),for the Southeast comer of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 2093'25"East,0.48 Feet;
Thence, South 20°13'25" West, with the common boundary of the said apparent West Right-of-Way Line
and the said 20.00 Acre Tract, 1146.74 Feet, to a 5/8 Inch Iron Rod Found, being the Southeast corner of the said
20.00 Acre Tract, the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company
Survey No. 135,Abstract 581,and the said L&G.N.R.R.Survey No. 140,Abstract 612,described in a Warranty Deed,
from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No.
2017040703,said Official Public Records,for a corner of this Tract;
Thence,South 89'10'13"West,608.83 Feet,to a 5/8 Inch Iron Rod Found,on the West boundary line of the
said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said
1.67 Acre Tract,for an inner ell corner of this Tract;
Thence, South 01'02'16" East, with the East boundary line of the said 27.50 Acre Tract and the said 5.00
Acre Tract,at 124.16 Feet,pass a 5/8 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land,
out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the said L&G.N.R.R. Survey No.
140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B.Perez to Aaron Gallegos and Ana
Laura Gallegos,recorded in Document No. 2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch
Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract,
the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,
Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and
Jorge Aguilar,recorded in Document No. 2022053426, said Official Public Records, for an inner ell corner of this
Tract;
Thence,North 89°14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary
line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet,to a 3/4 Inch
Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract
of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract;
Thence, South 20°13'25" West, with the East boundary line of the said 1.994 Acre Tract of Land and the
said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract;
2725 Swantner Dr., Corpus Christi,TX 78404 1 361.854.3101 1 TPELS E-145 TBPLS S-10032400 I urbaneng.com
Thence, South 24°58'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent
West Right-of-Way Line, 175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land,
more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone
4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description,including preamble, seal and signature, appears in its entirety, in its original form,
surveyor assumes no responsibility for its accuracy.Also referen n anying sketch of tract described herein.
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Exhibit C
MUNICIPAL SERVICE PLAN AGREEMENT
FOR A 82.40 ACRE TRACT OF LAND, SITUATED IN THE CUADRILLA IRRIGATION
COMPANY SURVEY NO, 135, ABSTRACT 581, AND THE I.& G.N.R.R. SURVEY NO.
140, ABSTRACT 612, AS SHOWN ON THE MAP OF THE LAURELES FARM TRACT,
A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, 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 London Independent School District
("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 82.40 acres of land situated in Nueces County, Texas,
as specifically described in Metes and Bounds attached as Exhibit A and sketch to
accompany in Exhibit B ("Subject Property"), which is attached hereto and incorporated
herein for all purposes;
WHEREAS, the City intends to institute annexation proceedings for the "Subject
Property;
WHEREAS, Texas Local Government Code §43.0672 requires a written
agreement for the provision of services in the area first be entered into between the City
and Landowner of the Subject Property prior to annexation;
WHEREAS, the City and the Landowner agree each will benefit from the City's
development restrictions and zoning requirements, as well as other municipal services
provided by the City which are good and valuable consideration for the Landowner to
request annexation and for the Parties to enter into this Agreement for the City to provide
the listed services upon annexation and in accordance with this Agreement;
WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and
determines that this Agreement will not provide any fewer services or a lower level of
services in the annexation area than were in existence in the annexation area at the time
immediately preceding the annexation process. The service agreement will provide the
annexed area with a level of service, infrastructure, and infrastructure maintenance that
is comparable to the level of service, infrastructure, and infrastructure maintenance
available in other parts of the municipality with topography, land use, and population
density similar to those reasonably contemplated or projected in the area.
WHEREAS, it is found that all statutory requirements have been satisfied and the
City is authorized by Texas Local Government Code Chapter 43, to annex the Subject
Property into the City;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties hereto agree as follows:
Section 1. Recitals
The Parties hereto acknowledge and agree that the foregoing recitals are hereby found
to be true and correct and are hereby adopted by the Parties and made a part hereof for
all purposes.
Section 2. Services to be Provided
The following service list represents the provision of services agreed to between the
landowner of the Property and the City establishing a program under which the City will
provide municipal services to the Subject Property as required by Texas Local
Government Code §43.0672, which will be provided at a level consistent with services
levels provided to other similarly situated areas within the City.
a. General Municipal Services
The following services shall be provided immediately from the effective date of the
annexation:
(1) Police Protection:
Services to be Provided: The Corpus Christi Police Department (CCPD) will
provide police protection.
(2) Fire Protection:
Services to be Provided: The Corpus Christi Fire Department will provide fire
protection and suppression through its existing fire stations.
(3) Emergency Medical Service:
Services to be Provided: The Corpus Christi Fire Department will provide
emergency medical services.
(4) Solid Waste Collection:
Services to be Provided: After the effective date of annexation, the City of Corpus
Christi will provide solid waste services to single family residential customers
directly or indirectly through a third-party contract.
Commercial garbage collection service for businesses and multi-family residences
is available on a subscription basis from private service providers. The City of
Corpus Christi will allow commercial refuse collectors to continue providing this
service to condominium complexes, multi-family apartments and commercial and
industrial establishments.
(5) Water Service:
Existing Services: Currently, the 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
2
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").
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
3
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 the 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 are currently provided when plats
are submitted for City review.
Services to be Provided: The City will impose and enforce zoning, subdivision
development, site development, and building code regulations with the Annexed
Area upon the effective date of the annexation. Enforcement will be in accordance
with City ordinances. Development plans and plats for projects within the Annexed
Area will be reviewed for compliance with City standards. The use of land in a legal
manner may continue in accordance with Texas Local Government Code §43.002.
(12) Other Municipal Services:
City recreational facilities, including parks and library, will be available for use by
landowners or residents of the Annexed Area on the same basis as those facilities
are available to current City landowners and residents. City residents receive
program preference for some City programs. Excluding gas and electric services,
other City services including Animal Control, Code Enforcement, Municipal Court,
and General Administration services will also be available to landowners and
residents in the Annexed Area on the same basis those facilities are available to
current City landowners and residents. All other services contemplated herein will
be available upon the effective date of annexation.
b. Capital Improvements.
No additional capital improvements are necessary at this time to service the Subject
Property in the same manner as similarly situated properties. Upon development of the
Subject Property or redevelopment, the Landowner will be responsible for the
development costs the same as a developer in a similarly situated area under the
4
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.
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
5
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
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. Likewise, if the unenforceability of any provision of this Agreement
defeats the primary purpose of this Agreement or destroys the basis of the bargain
among the parties, this Agreement will be voidable at the election of either party.
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.
6
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. Binding EffecVAuthority
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: By:
Peter Zanon , ity Manager Judi itis, Superintendent
City of Corpus Christi Landon ISD
�.g,
Date: � Date: j
APPROVED AS TO FORM:
-A,�'(A ('�4 :
By:
Cti
Buck Brice
Deputy City Attorney
for the City Attorney
7
Job No.42900.C3.02
URBAN ^���� November 1,2023
ENGINEERING yccivlr Revised: November 6,2023
Exhibit A
82.40 Acre
Annexation Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes, for an 82,40 Acre, Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No.
135, Abstract 581, and the L&G.N.R.R. Survey No. 140,Abstract 612, as shown on the map of the Laureles Farm
Tract,a map of which is recorded in Volume 3,Page 15, Map Records of Nueces County,Texas,and comprising all
of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2,
London School Tracts,a map of which is recorded in Volume 67, Page 180,said Map Records,all of Lot 3, London
School Tracts, a map of which is recorded in Volume 67, Page 578, said Map Records; all of a 20.00 Acre Tract
described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District,
recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty
Deed from The South Texas Children's Home to London Independent School District, recorded in Document No.
2008018783,said Official Public Records; the remainder of a 27.50 Acre Tract described in a Warranty Deed from
The South Texas Children's Home to London Independent School District,recorded in Document No. 2003067159,
Official Public Records of Nueces County,Texas;the remainder of a 5.00 Acre Tract described in a Warranty Deed
from The South Texas Children's Home to London Independent School District, recorded in Document No.
2003067159,said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T. Petty
to the County School Trustees of Nueces County, State of Texas,recorded in Volume 112, Page 392,Deed Records
of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's
Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M. London,Dellana Morrine
London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District,
recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from
J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common
School District Np.35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre
Tract being more fully described as follows:
Beginning, at 5/8 Inch Iron Rod Found, on the North Right-of-Way Line of Farm to Market Road 43, the
apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway;
Thence, South 89°10'38" West, with the said North Right-of-Way Line, 476.67 Feet, for a corner of this
Tract,from Whence,a TxDot Monument Found,bears South 00046'26"East,0.75 Feet;
Thence, North 00°46'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast
corner of the said Lot 1,London School Tracts,for an inner ell corner of this Tract;
Thence,South 89'10'38"West,with the said North Right-of-Way Line,the South boundary line of the said
London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND
WELSH"Found, for the common South corner of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner
of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in
a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in
Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School
Tracts and this Tract, from Whence, a 518 Inch Iron Rod with plastic cap stamped "5435" Found, bears South
00°48'31"East, 16.36 Feet;
Thence,North 00°48'31" West, with the common boundary line of the said Lot 3 and the said 1.29 Acre
Tract,296.02 Feet, to a 518 Inch Iron Rod with plastic cap stamped"5435"Found,for a common comer of the said
1.29 Acre Tract with the said Lot 3 and this Tract;
Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract, the said Lot 3
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet;
2725 Swantner Dr.,Corpus Christi,TX 78404 1 361.854.3101 1 TBPELS E-145 S-10032400 I urbaneng.com
Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line
of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of
Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records,
1608.22 Feet,to a 518 Inch Iron Rod with plastic cap stamped"BASS AND WELSH"Found,on the South Right-of-
Way Line of Lady Claudia Street,being an inner ell comer of the said King's Landing Unit 1,for the Northwest corner
of the said 25.00 Acre Tract and this Tract;
Thence,North 89108'57"East,with a South boundary line of the said King's Landing Unit 1 and the said
Lady Claudia Street, and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary
line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey
No, 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from
Sheilah London to Bill J.Brown, Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No.
2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the
Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land
described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract;
Thence,South 01 00019"East,with the common boundary line of the said 118.126 Acre Tract and the said
25.00 Acre Tract,3.12 Feet,for an outer ell comer of this Tract;
Thence,North 88054'56"East,with the common boundary line of the said 118.126 Acre Tract and the said
20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road
33),for the Southeast corner of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 2013'25"East,0.48 Feet;
Thence, South 20113'25" West,with the common boundary of the said apparent West Right-of-Way Line
and the said 20.00 Acre Tract, 1146.74 Feet, to a 518 Inch Iron Rod Found,being the Southeast comer of the said
20,00 Acre Tract,the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company
Survey No. 135,Abstract 581,and the said I.&G.N.R.R.Survey No. 140,Abstract 612,described in a Warranty Deed,
from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No.
2017040703,said Official Public Records,for a corner of this Tract;
Thence,South 89°10'13"West,608.83 Feet,to a 518 Inch Iron Rod Found,on the West boundary line of the
said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said
1.67 Acre Tract,for an inner ell corner of this Tract;
Thence, South 01'02'16"East, with the East boundary line of the said 27.50 Acre Tract and the said 5.00
Acre Tract,at 124.16 Feet,pass a 518 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land,
out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581,and the said I.&G.N.R.R. Survey No.
140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B. Perez to Aaron Gallegos and Ana
Laura Gallegos, recorded in Document No. 2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch
Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract,
the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,
Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and
Jorge Aguilar,recorded in Document No. 2022053426, said Official Public Records, for an inner ell comer of this
Tract;
Thence,North 89'14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary
line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet, to a 3/4 Inch
Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract
of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract;
Thence, South 20°13'25" West, with the East boundary line of the said 1.994 Acre Tract of Land and the
said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract;
2725 Swantner Dr.,Corpus Christi,TX 78404 1 361.854.3101 1 TPELS E-145 TBPLS S-10032400 I urbaneng.com
Thence,South 2458'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent
West Right-of-Way Line, 175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land,
more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone
4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,
surveyor assumes no responsibility for its accuracy.Also referent n anying sketch of tract described herein.
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2725 Swantner Dr.,Corpus Christi,TX 78404 361.854.3101 TPELS E-145 TBPLS S-10032400 I urbaneng.com
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Petition Requesting Annexation by Are Landowners
TO THE MAYOR OF THE GOVERNING BODY OF CORPUS CHRISTI,TEXAS
The undersigned owners of the hereinafter described tract of land,which is currently being used as school
grounds and without residents,or on which fewer than three qualified voters reside,hereby petition your honorable
Body to extend the present city limits so as to include as part of the City of Corpus Christi,Texas the following
described territory,to wit:
Fieldnotes, for an 82.40 Acre,Annexation Tract, situated in the Cuadrilla Irrigation Company Survey No.
135,Abstract 581, and the I.&G.N.R.R. Survey No. 140,Abstract 612, as shown on the map of the Laureles Farm
Tract,a map of which is recorded in Volume 3,Page 15,Map Records of Nueces County,Texas,and comprising all
of Lot 1,London School Tracts,a map of which is recorded in Volume 67,Page 179,said Map Records,all of Lot 2,
London School Tracts,a map of which is recorded in Volume 67,Page 180,said Map Records,all of Lot 3, London
School Tracts, a map of which is recorded in Volume 67,Page 578, said Map Records; all of a 20.00 Acre Tract
described in a Special Warranty Gift Deed from Sheilah Ruth London to London Independent School District,
recorded in Document No.2005027456,said Official Public Records;all of a 25.00 Acre Tract described in a Warranty
Deed from The South Texas Children's Home to London Independent School District, recorded in Document No.
2008018783,said Official Public Records;the remainder of a 27.50 Acre Tract described in a Warranty Deed from
The South Texas Children's Home to London Independent School District,recorded in Document No.2003067159,
Official Public Records of Nueces County,Texas; the remainder of a 5.00 Acre Tract described in a Warranty Deed
from The South Texas Children's Home to London Independent School District, recorded in Document No.
2003067159,said Official Public Records;the remainder of a 4.00 Acre Tract described in a Deed from W.T. Petty
to the County School Trustees of Nueces County,State of Texas,recorded in Volume 112,Page 392,Deed Records
of Nueces County,Texas;the remainder of a 1.994 Acre Tract of Land described in a Warranty Deed with Vendor's
Lien from Betty Jean London,Billy Ray London,Jr.,Thomas Leslie London,Laureen M.London,Deilana Morrine
London Cook,Larry B.Cook,Nora London Covington and Joseph Covington to London Independent School District,
recorded in Volume 2170,Page 841,said Deed Records;and the remainder of a 1.00 Acre described in a Deed from
J.A. Hill and W.T. Petty to W.F. Timon, County Judge of Nueces County, Texas, for use and benefit of Common
School District Np.35,in Nueces County,recorded in Volume 71,Page 550,said Deed Records;the said 82.40 Acre
Tract being more fully described as follows:
Beginning,at 5/8 Inch Iron Rod Found,on the North Right-of-Way Line of Farm to Market Road 43,the
apparent West Right-of-Way of London Pirate Road(County Road 33),a public roadway;
Thence, South 89°10'38"West,with the said North Right-of-Way Line, 476.67 Feet, for a corner of this
Tract,from Whence,a TxDot Monument Found,bears South 00046'26"East,0.75 Feet;
Thence, North 00046'26" East, at 6.21 Feet, pass a Drill Hole Found, in all 16.36 Feet, to the Southeast
corner of the said Lot 1,London School Tracts,for an inner ell corner of this Tract;
Thence,South 89°10'38"West,with the said North Right-of-Way Line,the South boundary line of the said
London School Tracts,Lots 1,2 and 3,at 721.49 Feet,pass a 5/8 Inch Iron Rod with plastic cap stamped"BASS AND
WELSH"Found,for the common South comer of the said Lots 2 and 3,in all 1222.88 Feet,to the Southeast corner
of a 1.29 Acre Tract of Land out of the said Cuadrilla Irrigation Company Survey No. 135,Abstract 581,described in
a Warranty Deed with Vendor's Lien, from The South Texas Children's Home to Almarosa Castillo, recorded in
Document No.2002017337,said Official Public Records,being the Southwest corner of the said Lot 3,London School
Tracts and this Tract, from Whence, a 5/8 Inch Iron Rod with plastic cap stamped "5435" Found, bears South
00°48'31"East, 16.36 Feet;
Thence,North 00°48'31"West,with the common boundary line of the said Lot 3 and the said 1.29 Acre
Tract,296.02 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped"5435"Found,for a common corner of the said
1.29 Acre Tract with the said Lot 3 and this Tract;
Thence,North 89°02'39"East, 111.09 Feet,to a common corner of the said 1.29 Acre Tract,the said Lot 3
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 89°02'39"East,0.22 Feet;
Thence,North 00°52'30"West,with a Northwest boundary line of the said Lot 3,a Southeast boundary line
of the said 1.29 Acre Tract,a Northwest boundary line of the said 25.00 Acre Tract and a Southeast boundary line of
Lot 1,Block 1,King's Landing Unit 1,a map of which is recorded in Volume 69,Pages 785-789,said Map Records,
1608.22 Feet,to a 5/8 Inch Iron Rod with plastic cap stamped`BASS AND WELSH"Found,on the South Right-of-
Way Line of Lady Claudia Street,being an inner ell corner of the said King's Landing Unit 1,for the Northwest corner
of the said 25.00 Acre Tract and this Tract;
Thence,North 89°08'57"East,with a South boundary line of the said King's Landing Unit 1 and the said
Lady Claudia Street,and the North boundary line of the said 25.00 Acre Tract, 1321.52 Feet,to the West boundary
line of a 118.126 Acre Tract of Land,out of the Cuadrilla Irrigation Company Survey No. 135,Abstract 581,Survey
No. 139,Abstract 577 and I&G.N.R.R.Survey No. 140,Abstract 612,described in a Correction Warranty Deed,from
Sheilah London to Bill J.Brown,Reagan Travis Brown and Alyssa Ann Brown McCoy,recorded in Document No.
2015011169, said Official Public Records, being the a Southeast corner of the said King's Landing Unit 1, the
Southeast corner of the said Lady Claudia Street, and the Northeast corner of the said 25.00 Acre Tract of Land
described in Document No.2008018783,said Official Public Records,for an outer ell corner of this Tract;
Thence,South 01'00'19"East,with the common boundary line of the said 118.126 Acre Tract and the said
25.00 Acre Tract,3.12 Feet,for an outer ell corner of this Tract;
Thence,North 88°54'56"East,with the common boundary line of the said 118.126 Acre Tract and the said
20.00 Acre Tract, 1023.87 Feet,to the said apparent West Right-of-Way Line of London Pirate Road(County Road
33),for the Southeast corner of the said 118.126 Acre Tract,and for the Northeast corner of the said 20.00 Acre Tract
and this Tract,from Whence,a 5/8 Inch Iron Rod Found,bears North 20°13'25"East,0.48 Feet;
Thence, South 20°13'25"West,with the common boundary of the said apparent West Right-of-Way Line
and the said 20.00 Acre Tract, 1146.74 Feet, to a 5/8 Inch Iron Rod Found,being the Southeast corner of the said
20.00 Acre Tract, the Northeast corner of a 1.67 Acre Tract of Land, out of the said Cuadrilla Irrigation Company
Survey No. 135,Abstract 581,and the said I.&G.N.R.R.Survey No.140,Abstract 612,described in a Warranty Deed,
from Robert Perez and wife, Sylvia B. Perez to Aaron and Ana Laura Gallegos, recorded in Document No.
2017040703,said Official Public Records,for a corner of this Tract;
Thence,South 89'10'13"West,608.83 Feet,to a 5/8 Inch Iron Rod Found,on the West boundary line of the
said 27.50 Acre Tract,being the Southwest corner of the said 20.00 Acre Tract,being the Northwest corner of the said
1.67 Acre Tract,for an inner ell corner of this Tract;
Thence, South 01°02'16"East,with the East boundary line of the said 27.50 Acre Tract and the said 5.00
Acre Tract,at 124.16 Feet,pass a 5/8 Inch Iron Rod Found,being the Northwest corner of a 1.66 Acre Tract of Land,
out of the said Cuadrilla Irrigation Company Survey No. 135, Abstract 581, and the said I.&G.N.R.R. Survey No.
140,Abstract 612,described in a Warranty Deed,from Robert Perez and Sylvia B.Perez to Aaron Gallegos and Ana
Laura Gallegos,recorded in Document No.2013049419,said Official Public Records,in all 408.40 Feet,to a 1 Inch
Iron Pipe Found,on the North boundary line of the said 4.00 Acre Tract,being a corner of the said 5.00 Acre Tract,
the Southwest corner of a 1.66 Acre Tract of Land, out of the said Cuadrilla Irrigation Company Survey No. 135,
Abstract 581,described in a Special Warranty Deed,from Sylvia Rodriguez Aguilar to Sylvia Rodriguez Aguilar and
Jorge Aguilar,recorded in Document No.2022053426, said Official Public Records, for an 'inner ell corner of this
Tract;
Thence,North 89'14'03"East,with the North boundary line of the said 4.00 Acre Tract,the North boundary
line of the said 1.994 Acre Tract,and the South boundary line of the said 1.66 Acre Tract,449.95 Feet,to a 3/4 Inch
Iron Pipe Found,on the said apparent West Right-of-Way Line,for the Southeast corner of the said 1.66 Acre Tract
of Land,the Northeast corner of the said 1.994 Acre Tract,and for a corner of this Tract;
Thence, South 20°13'25"West,with the East boundary line of the said 1.994 Acre Tract of Land and the
said apparent West Right-of-Way Line,306.23 Feet,for a corner of this Tract;
Thence,South 24°58'28"West,over and across the said 1.00 Acre Tract,continuing with the said apparent
West Right-of-Way Line,175.59 Feet,to the Point of Beginning,containing 82.40 Acres(3,589,429 Sq.Ft.)of Land,
more or less.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone
4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00.
I certify that the above,described tract of land is contiguous and adjacent to the City of Corpus Christi,Texas,and
that this petition is signed and duly acknowledged the each and every person having an interest in said land.
Signed: 1 -1
Date: k* off _
THE STATE OF TEXAS
COUNTY OF NUECES '.t +
BEFORE ME,the unders'gned authority,on this day personally appearedUC�I Wl't1,5
as r J r1 en el� of London Independent School District,known to me to be the person whose
name is su scribed to the foregoing instrument and she acknowledged to me that she executed the same for the
purposes and consideration therein expressed. ll�
Given under my hand and seal of office,this W day of h ece+t" 6e f ,2023
wrr�,
DIANE M SANDERS
���•
ate; s `Notary public,State of Texas Notary Public in and for
Svx . Z Comm.Exlrires Q4-11-2024
`•`� Notary ID 4248863Is7
UAL c'S ,County,Texas.
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London Independent School District Property
Annexation
Public Hearing and Ordinance
City Council Presentation
! Y
Februar 13, 2024
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Annexation Petition:
ell 82.40-acre tract
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Background
LiY
• The District currently receives City water service.
• District Bond funds for a stadium complex, sports field creation, and school
additions were approved by London District voters in Fall 2022.
• The District determined that tying current and proposed facilities into the City
wastewater system would be the best path toward meeting the current and
future expansion needs.
• The City requires platting and annexation before an existing facility connects to
additional city utility lines.
V71,- Fiscal Impact Analysis
• The District property is exempt from ad valorem taxes due to
receiving a public school district exemption.
• Therefore, the annexation of the property will have a net
negative fiscal impact on the City general fund departments.
Post-Annexation Changes
Revenue Expense
CCW +$1,362 Wastewater collected at the Currently on septic,additional$1,620 wastewater fee less$258 reduction in-
site City water rate;anticipated additional water use campus improvements
Stormwater +$3,000 None Fee based on land use type for 82-acre site;City currently maintains London
Pirate Road and drainage channel.
Solid Waste None None Districts all contractfor private service
Police None Marginal ISD's have private security
Fire None Case by Case Will be added to Fire Service District of in-City homes to the north. Costvary
by type of call(staff needed,equipment sent,duration of event,etc..).
Animal Control None Marginal As a comparison,West Oso ISD had 10 calls in 2023,similar size campus and
student population.
Transportation None Traffic may provide guidance on No additional roadways annexed
issues that arise
Library None None District has a Library
Parks and Recreation None None District has facilities,services for students
Code Enforcement None Marginal Based on other ISD response data we should expect 4 visits annually.
Annual Totals $52,344 Varies
*No new revenue added to other General Fund Departments 6
5 Staff Recommendation
Approval of the ordinance to annex
82.40 acres as petitioned by the London
Independent School District
Questions?
so
�o
o� A
PH
v AGENDA MEMORANDUM
WoRPORPg4 First Reading City Council Meeting February 13, 2024
1852 Second Reading City Council Meeting February 20, 2024
DATE: February 2, 2024
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager
HeatherH3 Ldcctexasxom
361-826-3506
Ordinance approving a Service and Assessment Plan (SAP), approving a developer
reimbursement agreement, and levying assessments for improvements within
Improvement Area #1 of the Whitecap Public Improvement District No. 1 .
CAPTION:
Public hearing and ordinance approving a Service and Assessment Plan (SAP),
approving a developer reimbursement agreement, and levying the assessments for
improvements within Improvement Area #1 of the Whitecap Public Improvement District
No. 1 .
SUMMARY:
This item will approve the Final Service and Assessment Plan (SAP) for the Whitecap
Public Improvement District No. 1 (PID) which includes making a finding of special
benefit for property within Improvement Area #1 and levying assessments for
Improvement Area #1 of the Whitecap Public Improvement District #1 .
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
revenues generated 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 Fulbright US LLP-City's bond counsel
• Specialized Public Finance, Inc-City's financial advisor
• FMSbonds, Inc-Bond underwriter
• P3 Works-City's PID consultant and administrator
• Ashlar Development-Developer
• Shupe Ventrua, PLLC-Developer's counsel
• Diamond Beach Holdings, LLC-Property owner
The Service and Assessment Plan (SAP) defines the authorized improvements within
the PID that can receive funding from the assessment revenues generated within the
PID and provides the total dollar amount of the reimbursement. The Preliminary
Service and Assessment Plan (PSAP) which includes the proposed assessment roll for
the PID Improvement Area #1 within the PID was approved by resolution on January
23, 2024. The City called a public hearing concerning the assessments for the
Whitecap PID and notified all property owners by mail. At the completion of today's
public hearing, City Council will consider approval of an ordinance imposing the
assessment, approving a developer reimbursement agreement, and approving the final
SAP.
Improvement Area #1 includes approximately 55.9 acres out of the total 242.0 acres
development area and will have 199 lots developed with single-family houses. The
authorized improvements include improvements to the Preserve park area, streets,
drainage, water, wastewater, soft costs related to design, construction and installing
these projects, bond issuance costs, and other costs including administrative costs.
Total costs estimated to be incurred for the allowed infrastructure in Improvement Area
#1 is $45,112,621 . Of that $23,856,000 will be reimbursed through a future issuance of
PID bonds, $2,417,714 will be reimbursed in a future improvement area, and the
remainder of $18,838,907 will be funded by the developer.
This item will approve the Service and Assessment Plan (SAP) for the Whitecap Public
Improvement District (PID) No. 1 which includes the costs of certain authorized
improvements to be financed within Improvement Area #1 , approves the developer
reimbursement agreement, and levies assessments on the property located within the
improvement area #1 of the Whitecap PID.
ALTERNATIVES:
The City Council could not approve the Service and Assessment Plan, the
reimbursement agreement, or the levying of the assessments.
FISCAL IMPACT:
There is no immediate fiscal impact from this action. Bonds may be issued at a later
date to reimburse for the improvement costs.
RECOMMENDATION:
Staff recommends that City Council approve the Service and Assessment Plan, the
reimbursement agreement, and the levying of the assessments.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Service and Assessment Plan
Reimbursement Agreement
Presentation
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS ACCEPTING AND APPROVING A SERVICE AND ASSESSMENT PLAN
AND ASSESSMENT ROLL FOR THE WHITECAP PUBLIC IMPROVEMENT
DISTRICT IMPROVEMENT AREA #1; MAKING A FINDING OF SPECIAL BENEFIT
TO THE PROPERTY IN THE DISTRICT; LEVYING ASSESSMENTS AGAINST
PROPERTY WITHIN THE DISTRICT AND ESTABLISHING A LIEN ON SUCH
PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE
PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372,
TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING PENALTIES
AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR
SEVERABILITY; APPROVING AND AUTHORIZING THE EXECUTION OF A
REIMBURSEMENT AGREEMENT RELATING TO IMPROVEMENT AREA #1 OF
THE WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1; RESOLVING ALL
MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, on April 7, 2022 a petition was submitted and filed with the City Secretary
(the "City Secretary") of the City of Corpus Christi, Texas (the "City") pursuant to the Public
Improvement District Assessment Act, Chapter 372, Texas Local Government Code, as amended
(the "PID Act"), requesting the creation of a public improvement district within the City; and
WHEREAS, the petition satisfied the requirements of the PID Act because it contained the
signatures of: (1) the owners of taxable property representing more than fifty percent of the
appraised value of taxable real property liable for assessment within the District, as determined
by the then current ad valorem tax rolls of Nueces County Appraisal District, and (2) the record
owners of real property liable for assessment who (A) constitute more than fifty percent of all
record owners of property that is liable for assessment under the proposal, or (B) own taxable
real property that constitutes more than fifty percent of the area of all taxable property within the
District that is liable for assessment; and
WHEREAS, on May 17, 2022, after due notice, the City Council of the City (the "City
Council') held a public hearing in the manner required by law on the advisability of the public
improvements and services described in the petition as required by Section 372.009 of the PID
Act, and on May 17, 2022 made the findings required by Section 372.009(b) of the PID Act and,
by Resolution No. 032761 (the "Authorization Resolution") adopted by a majority of the members
of the City Council, authorized and created the Whitecap Public Improvement District No. 1 (the
"District") in accordance with its finding as to the advisability of the authorized improvements
relating to the District (the "Authorized Improvements"); and
WHEREAS, the City filed the Authorization Resolution with the Nueces County Clerk in
Nueces County real property records, as required by law; and
1
137914984.5
WHEREAS, no written protests regarding the creation of the District from any owners of
record of property within the District were filed with the City Secretary, within 20 days after the
adoption of the Authorization Resolution; and
WHEREAS, on January 23, 2024, the Council adopted a resolution accepting the
preliminary service and assessment plan, including a proposed assessment roll the District (the
"Proposed Assessment Roll"), calling for a public hearing to consider an ordinance levying
assessments against benefitted property within the District (the "Assessments"), authorizing and
directing the City Secretary of the City to file the Proposed Assessment Roll and make such
assessment roll available for public inspection, authorizing and directing the City Secretary of the
City to publish notice of a public hearing to consider the levying of the Assessments against the
property within the District (the "Levy and Assessment Hearing"), authorizing and directing the
mailing of notice of the Levy and Assessment Hearing to owners of property liable for assessment,
and directing related action; and
WHEREAS, the City Secretary filed the Proposed Assessment Roll and made the same
available for public inspection; and
WHEREAS, the City Secretary, pursuant to Section 372.016(b) of the PID Act, published
notice of the Levy and Assessment Hearing on January 28, 2024 in the Corpus Christi Caller-
Times, a newspaper of general circulation in the City; and
WHEREAS, the City Secretary, pursuant to Section 372.016(c) of the PI D Act, mailed the
notice of the Levy and Assessment Hearing to the last known address of the owners of the
property liable for the Assessments; and
WHEREAS, on February 13, 2024 the City Council convened the Levy and Assessment
Hearing and all persons who appeared, or requested to appear, in person or by their attorney,
were given the opportunity to contend for or contest the Assessment Roll (as defined below), and
the proposed assessments, and to offer testimony pertinent to any issue presented on the amount
of the assessments, the allocation of the Actual Costs of the Authorized Improvements (as defined
in the Service and Assessment Plan) to be undertaken for the benefit of the property located
within the District, the purposes of the Assessments, the special benefits of the Assessments,
and the penalties and interest on annual installments and on delinquent annual installments of
the Assessments; and
WHEREAS, the City Council finds and determines that the Whitecap Public Improvement
District Improvement Area #1 Service and Assessment Plan, substantially in the form attached
hereto as Exhibit A (the "Service and Assessment Plan"), and which is incorporated herein for
all purposes, should be approved and that the Assessments for the Assessed Property (as
defined in the Service and Assessment Plan) should be levied as provided in this Ordinance and
the Service and Assessment Plan and the assessment roll attached thereto as Exhibit F (the
"Assessment Roll"); and
2
137914984.5
WHEREAS, the City Council further finds that there were no objections or evidence
submitted to the City Secretary in opposition to the Service and Assessment Plan, the allocation
of the Actual Costs of the Authorized Improvements as described in the Service and Assessment
Plan, the Assessment Roll, and the levy of the Assessments, all as described in the Service and
Assessment Plan; and
WHEREAS, the owner(the "Landowner"), of one hundred percent(100%) of the privately-
owned and taxable property located within the District to be assessed pursuant to this Ordinance,
has acknowledged, consented and confirmed the right, power, and legislative authority of the City
Council of the City to: (i) create the District; (ii) adopt this Assessment Ordinance, including the
Service and Assessment Plan, (iii) make determinations and findings as to special benefits
conferred by the Authorized Improvements, and (iv) levy of Assessments against benefitted
property within the District owned by the Landowner; and
WHEREAS, the City desires to approve the "PID Reimbursement Agreement - Whitecap
Public Improvement District' by and between the City and Ashlar Interests, LLC, a Texas limited
liability company, relating to Improvement Area#1 of the District(the"Reimbursement Agreement');
and
WHEREAS, the Reimbursement Agreement is a "reimbursement agreement' authorized by
Section 372.023(d)(1) of the Act; and
WHEREAS, the City Council closed the Levy and Assessment Hearing, and, after
considering all written and documentary evidence presented at the hearing, including all written
comments and statements filed with the City, determined to proceed with the adoption of this
Ordinance in conformity with the requirements of the PI D Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. Terms.
Terms not otherwise defined herein, including the preambles to this Ordinance, have the
meanings ascribed thereto as set forth in the Service and Assessment Plan.
Section 2. Findings.
The findings and determinations set forth in the preambles hereof are hereby incorporated
by reference and made a part of this Ordinance for all purposes as if the same were restated in
full in this Section. The City Council hereby finds, determines, and ordains, as follows:
(a) The apportionment of the Actual Costs of the Authorized Improvements (as
reflected in the Service and Assessment Plan and Exhibit B attached thereto) and the
Annual Collection Costs (as reflected in the Service and Assessment Plan) is fair and
reasonable, reflects an accurate presentation of the special benefit each assessed parcel
3
137914984.5
of the Assessed Property will receive from the construction of the Authorized
Improvements identified in the Service and Assessment Plan, and is hereby approved;
(b) The Service and Assessment Plan (i) covers a period of at least five years,
(ii) defines the annual indebtedness and projected costs for the Authorized Improvements,
(iii) includes a copy of the notice form required by Section 5.014 of the Texas Property
Code, as amended, and (iv) and will be reviewed and updated annually;
(c) The Service and Assessment Plan apportions the Actual Costs of the
Authorized Improvements to be assessed against the Assessed Property in the District
and such apportionment is made on the basis of special benefits accruing to the Assessed
Property because of the Authorized Improvements;
(d) All of the Assessed Property in the District which is being assessed in the
amounts shown in the Assessment Roll will be benefited by the Authorized Improvements
as described in the Service and Assessment Plan, and each Assessed Property will
receive special benefits during the term of the Assessments equal to or greater than the
total amount assessed;
(e) The method of apportionment of the Actual Costs of the Authorized
Improvements and Annual Collection Costs set forth in the Service and Assessment Plan
results in imposing equal shares of the costs of the Authorized Improvements and Annual
Collection Costs on property similarly benefited, and results in a reasonable classification
and formula for the apportionment of the Actual Costs of the Authorized Improvements;
(f) The Service and Assessment Plan should be approved as the service plan
and assessment plan for the District as described in Sections 372.013 and 372.014 of the
PI D Act;
(g) The Assessment Roll should be approved as the assessment roll for the
Assessed Property within the District;
(h) The provisions of the Service and Assessment Plan relating to due and
delinquency dates for the Assessments, interest on Annual Installments, interest and
penalties on delinquent Assessments and delinquent Annual Installments, and procedures
in connection with the imposition and collection of Assessments should be approved and
will expedite collection of the Assessments in a timely manner in order to provide the
services and improvements needed and required for the District; and
(i) A written notice of the date, hour, place and subject of this meeting of the
City Council was posted at a place convenient to the public for the time required by law
preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended, and this meeting has been open to the public as required
by law at all times during which this Ordinance and the subject matter hereof has been
discussed, considered, and formally acted upon.
4
137914984.5
Section 3. Service and Assessment Plan.
The Service and Assessment Plan is hereby accepted and approved pursuant to Sections
372.013 and 372.014 of the PI D Act as the service plan and the assessment plan for the District.
Section 4. Assessment Roll.
The Assessment Roll is hereby accepted and approved pursuant to Section 372.016 of
the PI D Act as the Assessment Roll of the District.
Section 5. Levy and Payment of Assessments for Costs of the Authorized
Improvements.
(a) The City Council hereby levies an assessment on the Assessed Property
(excluding Non-Benefited Property) located within the District, as shown and described in
the Service and Assessment Plan and the Assessment Roll, in the respective amounts
shown in the Assessment Roll, as a special assessment on the properties set forth in the
Assessment Roll. The Assessments hereby levied shall be sufficient to pay the debt
service on any bonds or other evidences of indebtedness that may be hereafter issued for
the District and costs related thereto in accordance with the terms of the Service and
Assessment Plan or that are otherwise authorized by the PI D Act.
(b) The levy of the Assessments shall be effective on the date of execution of
this Ordinance levying Assessments and strictly in accordance with the terms of the
Service and Assessment Plan and the PID Act.
(c) The collection of the Assessments shall be as described in the Service and
Assessment Plan and the PID Act.
(d) Each Assessment may be paid in a lump sum at any time or may be paid
in Annual Installments pursuant to the terms of the Service and Assessment Plan.
(e) Each Assessment shall bear interest at the rate or rates specified in the
Service and Assessment Plan, as the same shall be reviewed and updated annually.
(f) Each Annual Installment shall be collected each year in the manner set
forth in the Service and Assessment Plan.
(g) The Annual Collection Costs for the Assessed Property shall be calculated
and collected pursuant to the terms of the Service and Assessment Plan.
Section 6. Method of Assessment.
The method of apportioning the Actual Costs of the Authorized Improvements and Annual
Collection Costs are set forth in the Service and Assessment Plan.
Section 7. Penalties and Interest on Delinquent Assessments.
5
137914984.5
Delinquent Assessments shall be subject to the penalties, interest, procedures, and
foreclosure sales set forth in the Service and Assessment Plan and as allowed by law.
Section 8. Prepayments of the Assessments.
As provided in Section VI of the Service and Assessment Plan, the owner of any of the
Assessed Property may prepay the Assessments levied by this Ordinance.
Section 9. Lien Priority.
The City Council and the Landowner intend for the obligations, covenants and burdens on
the landowners of Assessed Property, including without limitation such Landowner's obligations
related to payment of the Assessments and the Annual Installments thereof, to constitute
covenants that shall run with the land. The Assessments and the Annual Installments thereof
which are levied hereby shall be binding upon the Landowner, as the owner of Assessed Property,
and its respective transferees, legal representatives, heirs, devisees, successors and assigns in
the same manner and for the same period as such parties would be personally liable for the
payment of ad valorem taxes under applicable law. The Assessments shall have lien priority as
specified in the Service and Assessment Plan and the PID Act.
Section 10. Appointment of Administrator and Collector of Assessments.
(a) Appointment of Administrator.
The prior appointment of P3Works, LLC, is hereby confirmed and P3Works, LLC, is
hereby designated as the initial Administrator of the Service and Assessment Plan and of
Assessments levied by this Ordinance (the "Administrator"). The Administrator shall perform the
duties of the Administrator described in the Service and Assessment Plan, in this Ordinance, and
in any contract between the City and the Administrator. The Administrator's fees, charges and
expenses for providing such service shall constitute Annual Collection Costs.
(b) Appointment of Temporary Collector.
The Administrator or its designee is hereby appointed and designated as the temporary
collector of the Assessments (the "Collector'). The Collector shall serve in such capacity until
such time as the City shall arrange for the Collector's duties to be performed by the Nueces
County Tax Assessor and Collector, or another qualified collection agent selected by the City.
Section 11. Applicability of Tax Code.
To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act
or the other laws governing public improvement districts, the provisions of the Texas Tax Code
shall be applicable to the imposition and collection of Assessments by the City.
Section 12. Filing in Real Property Records.
The Reimbursement Agreement attached hereto as Exhibit B, is approved and the Mayor
or City Manager is authorized to execute such Reimbursement Agreement on behalf of the City.
6
137914984.5
Section 13. Filing in Real Property Records.
The City Secretary is directed to cause a copy of this Ordinance, including the Service
and Assessment Plan and the Assessment Roll, to be recorded in the real property records of
Nueces County before February 26, 2024. The City Secretary is further authorized to similarly file
or cause to be filed each Annual Service Plan Update approved by the City Council no later than
the seventh day after the date the City Council approves such Annual Service Plan Update.
Section 14. Severability.
If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the
application of the same to any person or set of circumstances is for any reason held to be
unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the
application to other persons or sets of circumstances shall not be affected thereby, it being the
intent of the City Council that no portion hereof, or provision or regulation contained herein shall
become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity or any other
portion hereof, and all provisions of this ordinance are declared to be severable for that purpose.
Section 15. Effective Date.
This Ordinance shall take effect, and the levy of the Assessments, and the provisions and
terms of the Service and Assessment Plan shall be and become effective upon passage and
execution hereof.
7
137914984.5
PASSED AND ADOPTED on the day of 12024.
CITY OF CORPUS CHRISTI, TEXAS
Mayor
ATTEST:
City Secretary
APPROVED THIS day of , 2024:
Miles Risley, City Attorney
(CITY SEAL)
[Signature page S-1 to Assessment Ordinance]
THE STATE OF TEXAS §
COUNTY OF N UECES §
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify
that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City
Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the
day of , 2024, authorizing an assessment ordinance and reimbursement agreement,
which ordinance is duly of record in the minutes of said City Council, and said meeting was open
to the public, and public notice of the time, place and purpose of said meeting was given, all as
required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the day of
, 2024.
City Secretary
(CITY SEAL)
[Signature page S-2 to Assessment Ordinance]
The foregoing ordinance was read for the first time and passed to its second reading on this the
day of 2024, by the following vote:
Paulette Guaj ardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2024, by the following vote:
Paulette Guaj ardo Jim Klein
Roland Barrera Mike Pusley
Sylvia Campos Everett Roy
Gil Hernandez Dan Suckley
Michael Hunter
PASSED AND APPROVED, this the day of , 2024.
ATTEST:
Rebecca Huerta Paulette Guajardo
City Secretary Mayor
[Signature page S-3 to Assessment Ordinance]
EXHIBIT A
Service and Assessment Plan
EXHIBIT B
Reimbursement Agreement
Last revised 2.2.24
PID Reimbursement Agreement
Whitecap Public Improvement District No. 1
This PID Reimbursement Agreement (this "Agreement") is entered into by Ashlar
Interests, LLC (the "Developer") and the City of Corpus Christi Texas (the "City"), to be effective
, 20, (the "Effective Date"). The Developer and the City are individually referred to
as a "Party" and collectively as the "Parties."
SECTION 1. RECITALS
1.1 WHEREAS, capitalized terms used in this Agreement shall have the meanings given to
them 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 purposes; 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 City Council passed and approved the PID Creation
Resolution authorizing the creation of the PID pursuant to the Act, covering approximately
242.011 contiguous acres within the City's corporate limits, which land is described in the PID
Creation Resolution;
1.6 WHEREAS, on February 20, 2024, the City Council passed and approved an Assessment
Ordinance related to Improvement Area#1 of the PID;
1.7 WHEREAS, the City Council expects to pass and approve additional Assessment
Ordinances related to other phases of development 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
1156.011\801090.6
Last revised 2.2.24
1.9 WHEREAS, the SAP identifies Authorized Improvements 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 Improvements;
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
reimbursement agreement shall be required for Improvement Areas to be developed in the future
following the initial phase of development constituting "Improvement Area#1";
1.13 WHEREAS, the SAP determines and apportions the Actual Costs of the Authorized
Improvements to the Assessed Property, which Actual Costs represent the special benefit that the
Authorized Improvements confer upon the Assessed Property as required by the Act;
1.14 WHEREAS, in each Assessment Ordinance the City levied or expects to levy a portion of
the Actual Costs of the Authorized Improvements as Assessments against the Assessed Property
in the amounts set forth on the Assessment Roll(s);
1.15 WHEREAS, Assessments, 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, shall be billed and
collected by the City or its designee;
1.17 WHEREAS,the Parties agree the City's obligations to reimburse the Developer for Actual
Costs of Authorized Improvements constructed for the benefit of any Improvement Area are: (1)
contingent upon the City levying Assessments against property within such Improvement Area
benefitting from the Authorized Improvements, (2) payable 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 Assessments;
1.18 WHEREAS, Assessment Revenue from the collection of Assessments, including the
Annual 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 Bonds are issued or none of such PID Bonds remain outstanding;
Page 2
1156.011\801090.6
Last revised 2.2.24
1.19 WHEREAS, Bond Proceeds shall be deposited as provided in the applicable Indenture;
1.20 WHEREAS, a PID Project Fund related to each series of PID Bonds 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 372.023(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 Party 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 documents 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:
SECTION 2. DEFINITIONS
2.1 "Act" is defined as Chapter 372, Texas Local Government Code, as amended.
2.2 "Actual Costs" are defined in the SAP.
2.3 "Administrator" is defined in the SAP.
2.4 "Agreement" is defined in the introductory paragraph.
2.5 "Annual Collection Costs" are defined in the SAP.
2.6 "Annual Installment" is defined in the SAP.
2.7 "Applicable Laws" means the Act and all other laws or statutes, rules, or regulations of the
State of Texas or the United States, as the same may be amended, by which the City and its powers,
securities, operations, and procedures are, or may be, governed or from which its powers may be
derived.
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2.8 "Assessed Property" is defined in 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 revenues actually received by or on behalf of the City from
any one or more of the following: (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 Prepayment, and (3)foreclosure proceeds.
2.12 "Assessment Roll" is defined 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 of] PID
Bonds that are deposited and made available to pay Actual Costs in accordance with the applicable
Indenture.
2.15 "Certificate for Payment" means a certificate (substantially in 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 Representative (and/or, if
applicable, to the trustee named in any applicable Indenture), specifying the work performed and the
amount charged (including materials and labor costs) for Actual Costs, and requesting payment of
such amount from the appropriate fund or funds. Each certificate shall include supporting
documentation in the standard form for City construction projects and evidence that each Authorized
Improvement(or its completed segment) covered by the certificate has been inspected by the City.
2.16 "Change Order" is defined in Section 3.12.
2.17 "City" is defined in the introductory paragraph.
2.18 "City Council" means the governing body of the City.
2.19 "City Representative" means any person authorized by the City Council to undertake the
actions referenced herein.
2.20 "Closing Disbursement Request" means a request in the form of Exhibit B or as otherwise
approved by the Parties.
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2.21 "Commitment" is defined in Section 3.10.
2.22 "Cost Underrun" is defined in Section 3.11.
2.23 "County" is defined in the SAP.
2.24 'Default" is defined in Section 4.8.1.
2.25 'Delinquent Collection Costs" are defined in the SAP.
2.26 'Developer" is defined in the introductory paragraph.
2.27 'Developer Advances" mean advances made by the Developer to pay Actual Costs.
2.28 'Developer Improvement 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 Fund)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 'Development Agreement" is defined in the SAP.
2.30 "Effective 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#1" is defined in the SAP.
2.34 "Indenture" means the applicable trust indenture pursuant to which PID Bonds are issued.
2.35 "Maturity Date" is the date one year after the last Annual Installment is collected.
2.36 "Party" and "Parties" are defined in the introductory paragraph.
2.37 "PID" is defined as the Whitecap Public Improvement District No. 1, created by the PID
Creation Resolution.
2.38 "PID Bonds" are defined in the SAP.
2.39 "PID 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 Nueces County, Texas,
as Instrument No. 2022024701 on May 20, 2022.
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2.40 "PID Pledged Revenue Fund" means, collectively, the fund established by the City under each
applicable Indenture (and segregated from all other funds 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 fund, 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 amounts and as described in the applicable
Indenture.
2.42 "PID Reimbursement Fund" means the fund, including all accounts created within such fund
to designate Assessment Revenues collected from each Improvement Area, to be established by the
City under this Agreement (and segregated from all other funds of the City) held by the City or the
City's designee into which the City deposits Assessment Revenue if not deposited into the PID Pledged
Revenue Fund.
2.43 "Prepayment" is defined in the SAP.
2.44 "Reimbursement Agreement Balance" is defined in Section 3.3.
2.45 "SAP" is defined as the Whitecap Public Improvement District Service and Assessment Plan
approved February 20, 2024, as part of the Assessment Ordinance adopted by the City Council on
February 20, 2024 and recorded in the official public records of Nueces County, Texas as Instrument
No. on , 20 , as the same may be updated or amended by City
Council action in accordance with the Act.
2.46 "Transfer" and "Transferee" are defined in Section 4.11.
SECTION 3. FUNDING AUTHORIZED IMPROVEMENTS
3.1 Fund Deposits. Until PID 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 amounts received from the foreclosure of
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
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deposited into a segregated account relating to the Improvement Area from which such Assessment
Revenue was collected and such funds shall only be used to pay Actual Costs of the Authorized
Improvements benefitting that Improvement Area or all or any portion of the Reimbursement
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 bill, 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, entity, or governmental
agency permitted by law)in the same manner and at the same time as City ad valorem taxes are billed
and collected. Funds in the PID Project 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 made first from Bond Proceeds held in the applicable accounts within such PID Project
Fund until such accounts are fully depleted and then 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 Fund; or
(2)net Bond Proceeds or other amounts deposited in an account of the PID Project Fund 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
by the Applicable Laws, and, to the extent permitted by Applicable Laws, to cause no reduction,
abatement or exemption in the Assessments for so long as any PID Bonds are outstanding or a
Reimbursement Agreement Balance remains outstanding. The City shall determine or cause to be
determined, no later than February 15 of each year whether any Annual Installment 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 prosecuting an action to foreclose the
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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 funds, revenues, taxes, income, or property other
than moneys collected from the Assessments for the payment of Actual Costs of Authorized
Improvements under this Agreement. Once PID Bonds are issued, the applicable Indenture shall
control in the event of any conflict with this Agreement.
3.2 Payment of Actual Costs. Subject to Section 3.6 below, if PID Bonds are not issued (or prior
to such issuance)to pay Actual Costs of Authorized Improvements, the Developer may elect to make
Developer Advances to pay Actual Costs. If PID Bonds are issued, the Bond Proceeds shall be used
in the manner provided in the applicable Indenture; and, except as may be required under the
Development Agreement and/or an applicable Indenture, the Developer shall have no obligation to
make Developer Advances for the related Authorized Improvements, unless the Bond Proceeds,
together with any other funds in the PID Project Fund or PID Reimbursement Fund, are insufficient
to pay the Actual Costs 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 amount of
payments of Actual Costs of the Authorized Improvements (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 costs 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 Costs
in writing. The Developer shall also make Developer Advances to pay for cost overruns(after applying
cost savings). The lack of Bond Proceeds or other funds in the PID Project Fund shall not diminish
the obligation of the Developer to pay Actual Costs of the Authorized Improvements.
3.3 Payment of Reimbursement Agreement Balance. Subject to the terms, conditions, and
requirements of this Agreement,including Section 3.6 hereof, The City agrees to pay to the Developer,
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 Certificate for Payment for Actual Costs of Authorized
Improvements paid by or at the direction of the Developer, and (b)the reimbursement amount shown
in Schedule I of the SAP plus: (1) simple interest on the unpaid principal balance at a rate equal to or
less than five percent (5%) 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
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of the City and reported in the month before the date the obligation is incurred (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 five
beginning on the date each Certificate for Payment is delivered to the City Representative; and (2)
simple interest on the unpaid principal balance at a rate equal to or less than two percent (2%) above
the highest average index rate for tax-exempt bonds reported 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 accrued but unpaid interest, owed the Developer for all Certificates for Payment
is referred to as the "Reimbursement Agreement Balance"); provided, 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 on such series of PID Bonds issued to
finance the costs of the Authorized Improvements for which the Certificate for Payment was filed, or
(2)the interest rate approved by the City Council of the City in the Assessment Ordinance levying the
Assessments from which the Bonds shall be paid. The interest rates set forth in Schedule I of the SAP
shall be approved by the City Council in each Assessment Ordinance as authorized by the Act. The
principal amount 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 Reimbursement Agreement
Balance. As the City passes and approves additional Assessment Ordinances and/or issues PID Bonds,
the City shall approve an updated Schedule I as part of the updated or amended SAP for the sole
purpose of showing the principal amount of the portion of the Reimbursement Agreement to be paid
under such newly-adopted Assessment Ordinance and any adjustments to the interest rate for such
portion 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 any further action from the Parties.
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The Reimbursement Agreement Balance is payable solely from: (1) the PID Reimbursement Fund if
no PID Bonds are issued for the purposes of paying the Authorized Improvements related to such
Reimbursement Agreement Balance, or(2)from PID Bond 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 long 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 Costs) and deposited in the PID Reimbursement
Fund. Such payments shall be in an amount not to exceed the Assessment Revenue (excluding the
portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs)
related to such Improvement Area on deposit in the PID Reimbursement Fund; and, such payments
shall be made at least annually and no later than 60 days 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 PID Bonds, the City shall remit payment to the Developer of an amount of the
Reimbursement Agreement Balance then due and payable not to exceed the Assessment Revenue
related to such Prepayment from the Assessment Revenue deposited into the PID Reimbursement
Fund within 60 days after the Prepayment is made. Each payment from the PID Reimbursement Fund
shall be accompanied by an accounting that certifies the Reimbursement 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 constructing and installing, or the City acquiring (if applicable), the Authorized
Improvements (or portion thereof) shown on each Certificate for Payment as required under the
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 Payment if the City has
not previously levied an Assessment against Assessed Property within an Improvement Area related
to and benefitting from the Authorized Improvements for which such Certificate for Payment has been
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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,
then the City's determination of the disputed amount(as approved by the City Council) shall control.
Notwithstanding anything to the contrary in this Agreement, the City shall be under no obligation to
reimburse the Developer for Actual Costs of any Authorized Improvement that is not accepted by the
City.
The City's 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
within such Improvement Area benefitting from the Authorized Improvements, (2) payable 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 Assessments.
3.4 PID Bonds. The City, in its sole, legislative discretion, may issue PID Bonds, in one or more
series,when and if the City Council determines it is financially feasible for the purposes of: (1)paying
all or a portion of the Reimbursement Agreement Balance; or (2) paying directly Actual Costs of
Authorized Improvements. PID Bonds issued for such purpose will 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 PID 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 flow of funds provisions of such Indenture. The failure of the City to issue PID Bonds
shall not constitute a "Failure" by the City or otherwise result in a "Default" by the City. Upon the
issuance of the PID Bonds, the Developer has a duty to construct those Authorized Improvements as
described in the SAP and the Development Agreement. The Developer shall not be relieved of its duty
to construct or cause to be constructed 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 issued by the
City whether in one or more series, and no additional reimbursement agreement shall be required for
future series of PID Bonds.
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3.5 Disbursements and Transfers at and after Bond Closing. The City and the Developer agree that
from the proceeds of the PID Bonds, 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 Bonds approved amounts from 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. In 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 fund under an
Indenture, the Developer shall execute a Certificate for Payment, no more frequently than monthly, to
be delivered to the City for payment in accordance with the provisions of the applicable Indenture and
this Agreement. Upon receipt of a Certificate for Payment (along with all accompanying
documentation 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 which 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 confirm 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 documentation as is reasonably
necessary for the City 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 Certification for Payment. Within fifteen(15)business days following receipt of any
Certificate for Payment, the City shall either: (1) approve the Certificate for Payment and forward it
to the trustee 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 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.
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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 source other than the PID Reimbursement Fund
or the PID Project Fund. The Parties further agree that the City's obligation under this Agreement to
reimburse the Developer for Actual Costs of Authorized Improvements within any Improvement Area
shall only be paid from: (1) net proceeds of PID Bonds, if issued, on deposit in the PID Project Fund
related to such PID Bonds, and/or (2) Assessments, including Annual 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 City
levying Assessments against property within such Improvement Area benefitting from the Authorized
Improvements, (2) payable 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 Assessments.
Concurrent with the levy of Assessments against any Improvement Area, 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 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 time,this Agreement does not create any obligations of the City with respect to any Improvement
Area for which Assessments have not been levied. Unless 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 Reimbursement 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 shall 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.
3.7 Obligation to Pay. Subject to the provisions of Section 3.3 and 3.6, if the Developer is in
substantial compliance with its obligations under the Development Agreement, then following the
inspection and approval of any portion of Authorized Improvements for which Developer seeks
reimbursement of the Actual Costs by submission of a Certificate for Payment or City approval of a
Closing Disbursement Request, the obligations of the City under this Agreement to pay from
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Assessment Revenue or the net proceeds of PID Bonds, as applicable, disbursements (whether to the
Developer or to any person designated by the Developer) 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 Authority. 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, and 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 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 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 activities 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.
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
in the amount required by the City's subdivision regulations for applicable Authorized Improvements,
which maintenance bond shall be for a term of two years from the date of final acceptance of the
applicable Authorized Improvements. Any surety company through which a bond is written shall be a
surety company duly authorized to do business in the State of Texas, provided that legal counsel for
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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 and/or
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 post 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 of Authorized Improvements. If requested in writing by the City,
Developer shall furnish to the City a commitment for title insurance(a"Commitment")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 City, 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 Improvements 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 any applicable
Improvement Area, upon the final completion of an Authorized Improvement within such
Improvement Area and payment of all outstanding invoices for such Authorized Improvement, if the
Actual Cost of such Authorized Improvement is less than the budgeted cost as shown in Exhibit
to the SAP (a"Cost Underrun"), any remaining budgeted cost will be available to pay Cost Overruns
on any other Authorized Improvement within such Improvement Area. A City Representative shall
promptly confirm to the Administrator (as defined in the SAP) that such remaining amounts are
available to pay such Cost Overruns, and the Developer,the Administrator and the City Representative
will agree how to use such moneys to secure the payment and performance of the work for other
Authorized Improvements. Any Cost Underrun for any Authorized Improvement is available to pay
Cost Overruns on any other Authorized Improvement and may be added to the amount approved for
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payment in any Certificate for Payment, as agreed to by the Developer, the Administrator and the City
Representative.
3.12 Contracts and Change Orders. The Developer shall be responsible for entering 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 amounts are available pursuant to Section 3.12
hereof. If any Change Order is for work that requires changes to be made by an engineer to the
construction and design documents and plans previously approved under 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 PROVISIONS
4.1 Term. The term 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
Balance is paid in full.
4.2 No Competitive Bidding. Construction of the Authorized Improvements shall not require
competitive bidding pursuant 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 executing a construction
contract with the contractor, which approval shall not be unreasonably 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.
4.4 Audit. The City Representative shall have the right, during normal business hours and upon
five (5)business days' prior written notice to the Developer, to review all books and records of the
Developer pertaining to costs 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 Developer shall maintain proper books of record and account for the
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construction of the Authorized Improvements and all costs related thereto. Such accounting 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
opportunity to inspect 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 (10)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 long as PID Bonds remain outstanding
or Reimbursement Agreement Balance remains unpaid.
4.5 Developer's Right to Protest Ad Valorem Taxes. Nothing in this Agreement shall be
construed to limit or restrict Developer's right to protest ad valorem taxes. The Developer's
decision to protest ad valorem taxes on Assessed Property does not constitute a Default under this
Agreement.
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 PID, and the City shall provide the Developer with a copy of the agreement between the
City and the Administrator. If the City contracts with a third-party 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
Developer has been duly authorized to do so; (4)this Agreement is binding upon the Developer
in accordance with its terms; and (5) the execution of this Agreement and the performance by
the Developer of its obligations under this Agreement do not constitute a breach or event of
default by the Developer under any other agreement, instrument, or order to which the
Developer is a party or by which the Developer is bound.
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4.7.2 The City represents and warrants to the Developer that: (1) the City has the
authority to enter into and perform its obligations under this Agreement; (2) the person
executing this Agreement on behalf of the City has been duly authorized to do so; (3) this
Agreement is binding upon the City 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, instrument, 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 "Failure") 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 Failure
is monetary, the non-performing Party shall have ten (10) days within which to cure. If the
Failure is non-monetary, the non-performing Party shall have thirty (30) days within which to
cure.
4.8.2 If the Developer is in Default, 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 or to withhold payments to the Developer from the PID Reimbursement Fund or
the PID Project Fund in accordance with this Agreement and the Indenture.
4.8.3 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.
4.8.4 The City shall give 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 same cure periods that are
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 not obligate the Transferee to be bound by
this Agreement unless the Transferee agrees in writing to be bound.
4.9 Remedies Outside the Agreement. 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
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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 in 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, the City
Manager 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 giving of notice or passage of time, 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 obligations
under this Agreement.
4.11 Transfers. The Developer has the right to convey, transfer, assign, mortgage, pledge, or
otherwise encumber, in whole 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)
including, but not limited to, any right, title, or interest of the Developer in and to payments of the
Reimbursement 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 if such conveyance, transfer, assignment, mortgage, pledge or other
encumbrance would result in: (1)the issuance of municipal securities, and/or(2)the City being viewed
as an "obligated person" within the meaning of Rule 15c2-12 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 Transfer is
given to the City. The City may rely on notice of a Transfer received from the Developer without
obligation to investigate or confirm the validity of the Transfer. The Developer waives all rights or
claims against the City for any funds paid to a third party as a result of a Transfer for which the City
received notice.
4.12 Applicable Law; Venue. This Agreement is being executed and delivered and is intended to be
performed in the State of Texas. Except to the extent that the laws of the United States may apply, the
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substantive laws of the State of Texas shall govern the interpretation and enforcement of this
Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of
competent jurisdiction in Nueces County, Texas.
4.13 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given
at the addresses shown below: (1)when delivered by a nationally recognized delivery service such as
FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of
whether such person is the named addressee; or (2) 72 hours after deposited with the United States
Postal Service, Certified Mail, Return Receipt Requested.
To the City: Attn: City Manager's Office
City of Corpus Christi
P.O. Gox 9277
Corpus Christi, Texas 78469-9277
E-mail: E1syB@cctexas.com
With a copy to: Attn: City Attorney's Office
City of Corpus Christi
P.O. Gox 9277
Corpus Christi, Texas 78469-9277
E-mail: MilesR@cctexas.com
To the Developer: Attn: Steve Yetts
Ashlar Interests, LLC
400 Las Colinas Blvd. E., Suite 1075
Irving, Texas 75039
E-mail: syetts@ashlardev.com
With a copy to: Attn: Misty Ventura
Shupe Ventura, PLLC
9406 Biscayne Blvd.
Dallas, Texas 75218
E-mail:misty.ventura@svlandlaw.com
TEL: (214) 328-1101
FAX: (800) 519-3768
Any Party may change its address by delivering notice of the change in accordance with this section.
4.14 Conflicts; Amendment. In the event of any conflict between this Agreement and any other
instrument, document, or agreement by which either Party is bound, the provisions and intent of the
applicable Indenture controls. This Agreement may only be amended by written agreement of the
Parties.
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4.15 Severability. If any provision of this Agreement is held invalid by any court, such holding shall
not affect the validity of the remaining provisions.
4.16 Non-Waiver. 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.
4.17 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to
confer upon any person or entity other 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
together, shall be deemed one original.
4.19 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.
4.20 No Boycott of Israel. 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. As used in the foregoing verification, 'boycott Israel,' has the
meaning in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas
Government Code, and 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.
4.21 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
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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, as amended. The foregoing
representation 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.
4.22 No Discrimination Against Fossil Fuel Companies. 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. As used
in the foregoing verification, "boycott energy companies" has the meaning 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), and means, 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. 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. As used in the foregoing verification and the
following definitions:
(a) 'discriminate against a firearm entity or firearm trade association,' has the
meaning in Section 2274.001(3), Texas Government Code (as enacted by such Senate Bill),
and means: (A) 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
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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,' has the meaning in Section 2274.001(6), Texas Government
Code (as enacted by such Senate Bill), and 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,' has the meaning in Section 2274.001(7), Texas
Government Code (as enacted by such Senate Bill), and 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
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(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."
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 Texas Attorney General Standing Letter. The Developer represents that it has, as of the
Effective Date, on file with the Texas Attorney General a standing letter addressing the representations
and verifications hereinbefore described in the form attached as Exhibit B to the Updated
Recommendations for Compliance with the Texas BPA Verification and Representation Requirements
(December 1, 2023) of the Municipal Advisory Council of Texas or any other form accepted by the
Texas Attorney General (a "Standing Letter"). In addition, if the Developer or the parent company, a
wholly- or majority-owned subsidiary or another affiliate of the Developer receives or has received a
letter from the Texas Comptroller of Public Accounts or the Texas Attorney General seeking written
verification that the Developer is a member of the Net Zero Banking Alliance, Net Zero Insurance
Alliance, Net Zero Asset Owner Alliance, or Net Zero Asset Managers or of the representations and
certifications contained in the Developer's Standing Letter (a "Request Letter"), the Developer shall
promptly notify the City (if it has not already done so)and provide to the City, two business days prior
to the Effective Date and additionally upon request by the City, written verification to the effect that
its Standing Letter described in the preceding sentence remains in effect and may be relied upon by
the City and the Texas Attorney General (the"Bringdown Verification"). The Bringdown Verification
shall also confirm that the Developer(or the parent company, a wholly- or majority-owned subsidiary
or other affiliate of the Developer that received the Request Letter) intends to timely respond or has
timely responded to the Request Letter. The Bringdown Verification may be in the form of an e-mail.
4.26 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 system 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
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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.
4.27 Changes in Law. The Parties acknowledge and expressly agree that, during the Term, either
Party may take advantage of changes in the law notwithstanding anything to the contrary in this
Agreement.
4.28 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 tenth 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.
[Execution pages follow.]
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CITY:
CITY OF CORPUS CHRISTI, TEXAS
By:
Paulette Guaj ardo, Mayor
ATTEST:
By:
Rebecca Huerta, City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
[Assistant] City Attorney [for City Attorney]
CITY SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT
1156.011\801090.6
Last revised 2.2.24
DEVELOPER:
ASHLAR INTERESTS, LLC
a Texas limited liability company
By:
Title:
DEVELOPER SIGNATURE PAGE TO REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1
1156.011\801090.6
Last revised 2.2.24
EXHIBIT A
CERTIFICATE FOR PAYMENT FORM
The undersigned is an agent for Ashlar Interests, LLC (the 'Developer") and requests payment
from the applicable account of the [PID Reimbursement Fund] [PID Project Fund] from the City
of Corpus Christi, Texas(the "City")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 within the Whitecap Public Improvement
District No. 1. Unless otherwise defined, any capitalized terms used herein shall have the meanings
ascribed to them in the PID 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 Form on behalf of the Developer and is knowledgeable as to the matters
set forth herein.
2. The payment requested for the below referenced Authorized Improvements 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 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 Service and Assessment Plan.
4. The Developer is in compliance with the terms and provisions of the Reimbursement
Agreement, the 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. All 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).
EXHIBIT A-PAGE 1
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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.
9. No more than ninety-five percent(95%)of the budgeted or contracted hard costs for major
improvements or any phase of Authorized Improvements identified may be paid until the work
with respect to such Authorized Improvements (or segment) has been completed and the City has
accepted such Authorized Improvements (or segment). One hundred percent(100%) of soft costs
(e.g., engineering costs, inspection fees and the like) may be paid prior to City acceptance of such
Authorized Improvements (or segment).
Payments requested are as follows:
a. X amount to Person or Account Y for Z goods or services.
b. Etc.
[If the Authorized Improvements are to be paid in part from one series of PID Bonds and in part
from another, insert the following:
As required by Section of the Indenture, the costs for the Authorized Improvements that
constitutes the pro-rata share of such Authorized Improvements allocable to the designated Bonds
shall be paid as follows:
Authorized Amount to be paid Amount to be paid Total Cost
from from of Authorized
Improvements: Fund Fund Improvements
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 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.
EXHIBIT A-PAGE 2
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I hereby declare that the above representations and warranties are true and correct.
ASHLAR INTERESTS, LLC
a Texas limited liability company
By:
Title:
EXHIBIT A-PAGE 3
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APPROVAL OF REQUEST BY CITY
The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate for
Payment, acknowledges 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 reviewing the Certificate for Payment, the City approves the Certificate for
Payment and shall [include said payments in the City Certificate submitted to the Trustee directing
payments to be made from the appropriate account of the PID Project Fund] [direct payment from
the PID Reimbursement Fund] to the Developer or to any person designated by the Developer.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
EXHIBIT A-PAGE 4
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Exhibit B
FORM OF CLOSING DISBURSEMENT REQUEST
The undersigned is an agent for (the 'Developer") and requests payment to the
Developer (or to the person designated by the Developer) from the Cost of Issuance Account of
the Project Fund from (the "Trustee") in the amount of ($ )
to be transferred from the Cost of Issuance Account of the PID Project Fund upon the delivery of
the PID Bonds for costs incurred in the establishment, administration, and operation of the
Whitecap Public Improvement District No. 1 (the 'District"), as follows. Unless otherwise defined,
any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of
Trust by and between the City and the Trustee dated as of 20 (the "Indenture")
relating to the [INSERT NAME OF BONDS] (the "PID Bonds").
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
Closing Disbursement Request on behalf of the Developer and is knowledgeable 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 for 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. The Developer is in compliance with the terms and provisions of the Reimbursement
Agreement, the Indenture, the Service and Assessment Plan, and the Development Agreement.
5. All conditions set forth in the Indenture and the Reimbursement Agreement for the
payment hereby requested have been satisfied.
6. 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.
Payments requested hereunder shall be made as directed below:
[Information regarding Payee, amount, and deposit instructions attached]
I hereby declare that the above representations and warranties are true and correct.
EXHIBIT B-PAGE 1
1156.011\801090.6
Last revised 2.2.24
ASHLAR INTERESTS, LLC
a Texas limited liability company
By:
Title:
EXHIBIT B-PAGE 2
1156.011\801090.6
Last revised 2.2.24
APPROVAL OF REQUEST BY CITY
The City is in receipt of the attached Closing Disbursement Request, acknowledges the Closing
Disbursement Request, and finds the Closing Disbursement Request to be in order. After reviewing
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 payments to be
made from Costs of Issuance Account upon delivery of the PID Bonds.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
EXHIBIT B-PAGE 3
1156.011\801090.6
WhitecapImprovementPublic
District No . 1
FINAL SERVICE AND ASSESSMENT PLAN
2/20/2024
pwie "
NORTHAUSI IN,TX I
TABLE OF CONTENTS
Tableof Contents........................................................................................................................1
Introduction................................................................................................................................3
SectionI: Definitions ...................................................................................................................4
Section11: The District ...............................................................................................................11
Section III: Authorized Improvements .......................................................................................11
SectionIV: Service Plan .............................................................................................................13
Section V: Assessment Plan.......................................................................................................14
Section VI: Terms of the Assessments .......................................................................................17
Section VII: Assessment Roll......................................................................................................23
Section VIII: Additional Provisions .............................................................................................23
Scheduleand Exhibits................................................................................................................26
ScheduleI .................................................................................................................................27
Appendices ...............................................................................................................................28
Exhibit A-1— Map of the District................................................................................................29
Exhibit A-2— Plats of Improvement Area #1 ..............................................................................30
Exhibit A-3— Map of the Preserve .............................................................................................40
Exhibit A-4— Map of Remainder Area........................................................................................41
Exhibit A-5— Lot Type Classification Map ..................................................................................42
ExhibitB— Project Costs............................................................................................................43
ExhibitC—Service Plan .............................................................................................................44
Exhibit D—Sources and Uses of Funds ......................................................................................45
Exhibit E— Maximum Assessment and Tax Rate Equivalent.......................................................46
Exhibit F-1— Improvement Area #1 Assessment Roll.................................................................47
Exhibit F-2— Improvement Area #1 Annual Installments ...........................................................53
Exhibit G-1— Maps of Initial Common to All Improvements ......................................................54
Exhibit G-2— Maps of Improvement Area #1 Improvements.....................................................55
Exhibit H — Form of Notice of Assessment Termination .............................................................59
Exhibit I —Annual Installment Schedule for the Improvement Area #1 Reimbursement
Obligation .................................................................................................................................62
Exhibit J-1— District Legal Description .......................................................................................63
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 1
FINAL SERVICE AND ASSESSMENT PLAN
Exhibit J-2—Improvement Area #1 Legal Description.................................................................77
Exhibit J-3—The Preserve Legal Description..............................................................................80
Appendix A— Engineer's Report ................................................................................................82
Appendix B— Buyer Disclosures.................................................................................................83
Whitecap Public Improvement District No. 1 - Improvement Area #1 Initial Parcel Buyer
Disclosure .................................................................................................................................84
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 1 Buyer Disclosure
.................................................................................................................................................90
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 2 Buyer Disclosure
.................................................................................................................................................96
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 3 Buyer Disclosure
...............................................................................................................................................102
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 4 Buyer Disclosure
...............................................................................................................................................108
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 5 Buyer Disclosure
...............................................................................................................................................114
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 6 Buyer Disclosure
...............................................................................................................................................120
Whitecap Public Improvement District No. 1 - Improvement Area #1 Lot Type 7 Buyer Disclosure
...............................................................................................................................................126
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 2
FINAL SERVICE AND ASSESSMENT PLAN
INTRODUCTION
Capitalized terms used in this Service and Assessment Plan shall have the meanings given to them
in Section I unless otherwise defined in this Service and Assessment Plan or unless the context in
which a term is used clearly requires a different meaning. Unless otherwise defined, a reference
to a "Section," an "Exhibit," or an "Appendix" shall be a reference to a Section of this Service and
Assessment Plan or an Exhibit or Appendix attached to and made a part of this Service and
Assessment Plan for all purposes.
The City Council passed and approved Resolution No. 032761 authorizing the establishment of
the District on May 17, 2022 in accordance with the PID Act, and recorded such Resolution in the
real property records of Nueces County, Texas, as Instrument No. 2022024701 on May 20 2022,
and such authorization was effective upon approval of the Resolution in accordance with the PID
Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that
confer a special benefit on approximately 242.011 acres located within the corporate limits of
the City, as described by the legal description on Exhibit J-1 and depicted on Exhibit A-1.
The PID Act requires a service plan must (i) cover a period of at least five years; (ii) define the
annual indebtedness and projected cost of the Authorized Improvements; and (iii) include a copy
of the notice form required by Section 5.014 of the Texas Property Code, as amended. The
Service Plan is contained in Section IV and the notice form is attached as Appendix B.
The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual
Costs of the Authorized Improvements against the Assessed Property within the District based
on the special benefits conferred on such property by the Authorized Improvements. The
Assessment Plan is contained in Section V.
The PID Act requires an Assessment Roll that states the Assessment against each Parcel
determined by the method chosen by the City Council. The Assessment against each Parcel of
Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized
Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on
the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is
included as Exhibit F-1.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 3
FINAL SERVICE AND ASSESSMENT PLAN
SECTION I: DEFINITIONS
"Actual Costs" mean, with respect to Authorized Improvements,the actual costs paid or incurred
by or on behalf of the Developer, (either directly or through affiliates), including: (1)the costs for
the design, planning, financing, administration/management, acquisition, installation,
construction and/or implementation of such Authorized Improvements; (2) the fees paid for
obtaining permits, licenses, or other governmental approvals for such Authorized Improvements;
(3)the costs for external professional services, such as engineering, geotechnical, surveying, land
planning, architectural landscapers, appraisals, legal, accounting, and similar professional
services; (4)the costs for all labor, bonds, and materials, including equipment and fixtures, owing
to contractors, builders, and materialmen engaged in connection with the acquisition,
construction, or implementation of the Authorized Improvements; (5) all related permitting and
public approval expenses, and architectural, engineering, consulting, and other governmental
fees and charges; and (6) costs to implement, administer, and manage the above-described
activities including, but not limited to, a construction management fee equal to four percent (4%)
of construction costs if managed by or on behalf of the Developer.
"Additional Interest" means the amount collected by the application of the Additional Interest
Rate.
"Additional Interest Rate" means the 0.50% additional interest rate that may be charged on
Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act. The Additional
Interest Rate is not charged on Assessments securing any reimbursement obligation for which no
PID Bonds are issued.
"Administrator" means the City or independent firm designated by the City who shall have the
responsibilities provided in this Service and Assessment Plan, any Indenture, or any other
agreement or document approved by the City related to the duties and responsibilities of the
administration of the District. The initial Administrator is P3Works, LLC.
"Annual Collection Costs" mean the actual or budgeted costs and expenses related to the
operation of the District, including, but not limited to, costs and expenses for: (1) the
Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and
other consultants engaged by the City; (4) calculating, collecting, and maintaining records with
respect to Assessments and Annual Installments, including the costs of foreclosure; (5) preparing
and maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (6)
paying and redeeming PID Bonds; (7) investing or depositing Assessments and Annual
Installments; (8) complying with this Service and Assessment Plan, the PID Act, and any
Indenture,with respect to the PID Bonds, including the City's continuing disclosure requirements;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 4
FINAL SERVICE AND ASSESSMENT PLAN
and (9) the paying agent/registrar and Trustee in connection with PID Bonds, including their
respective legal counsel. Annual Collection Costs collected but not expended in any year shall be
carried forward and applied to reduce Annual Collection Costs for subsequent years.
"Annual Installment" means the annual installment payment of an Assessment as calculated by
the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3)
Annual Collection Costs; and (4) Additional Interest related to the PID Bonds, if applicable.
"Annual Service Plan Update" means an update to this Service and Assessment Plan prepared
no less frequently than annually by the Administrator and approved by the City Council.
"Assessed Property" means any Parcel within the District against which an Assessment is levied.
"Assessment" means an assessment levied against Assessed Property and imposed pursuant to
an Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, subject to
reallocation upon the subdivision of such Assessed Property or reduction according to the
provisions herein and in the PID Act.
"Assessment Ordinance" means one or more ordinances adopted by the City Council in
accordance with the PID Act that levies an Assessment on the Assessed Property, as shown on
any Assessment Roll.
"Assessment Plan" means the methodology employed to assess the Actual Costs of the
Authorized Improvements against the Assessed Property based on the special benefits conferred
on such property by the Authorized Improvements, more specifically set forth and described in
Section V.
"Assessment Roll" means any assessment roll for the Assessed Property, including the
Improvement Area #1 Assessment Roll, as updated, modified or amended from time to time in
accordance with the procedures set forth herein and in the PID Act, including updates prepared
in connection with the issuance of PID Bonds or in any Annual Service Plan Updates.
"Authorized Improvements" means the improvements authorized by Section 372.003 of the PID
Act, including the Common to All Improvements, the Improvement Area #1 Improvements, Bond
Issuance Costs, and deposit to administrative fund, and described in Sections III.A, Section 111.6,
Section III.C, and Section III.D as further depicted on Exhibits G-1 and G-2.
"Bond Issuance Costs" means the costs associated with issuing PID Bonds, including, but not
limited to, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs,
publication costs, capitalized interest, reserve fund requirements, underwriter's discount, fees
charged by the Texas Attorney General, and any other cost or expense incurred by the City
directly associated with the issuance of any series of PID Bonds.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 5
FINAL SERVICE AND ASSESSMENT PLAN
"City" means the City of Corpus Christi, Texas.
"City Council" means the governing body of the City.
"Common to All Improvements" means those certain Authorized Improvements that confer a
special benefit to all of the property within the District, excluding Non-Benefited Property. The
Common to All Improvements includes the Initial Common to All Improvements as well as future
improvements that are to be determined and identified in future updates to this Service and
Assessment Plan.
"County" means Nueces County, Texas.
"Delinquent Collection Costs" mean costs directly or indirectly related to the foreclosure on
Assessed Property and the costs of collection of delinquent Assessments, delinquent Annual
Installments, or any other delinquent amounts due under this Service and Assessment Plan,
including penalties and reasonable attorney's fees actually paid, but excluding amounts
representing interest and penalty interest.
"Developer" means Ashlar Interests, LLC and any successors or assigns thereof, engaged by the
Owner to develop the property in the District for the ultimate purpose of transferring title to end
users.
"Development Agreement" means the Development Agreement— Whitecap North Padre Island
by and between the Developer and the City related to the development of property within the
PID, as the same may be amended from time to time.
"District" means the Whitecap Public Improvement District No. 1 containing approximately
242.011 acres located within the corporate limits of the City, and more specifically described in
Exhibit J-1 and depicted on Exhibit A-1.
"District Formation Costs" means the costs associated with forming the District, including, but
not limited to, attorney fees, and any other cost or expense incurred by the Owner, Developer,
or the City that are directly associated with the establishment of the District.
"Engineer's Report" means the report provided by a licensed professional engineer that
describes the Authorized Improvements, including their costs, location, and benefit, and is
attached hereto as Appendix A.
"Estimated Buildout Value" means the estimated value of an Assessed Property with fully
constructed buildings, as provided by the Developer and confirmed by the City Council, by
considering such factors as density, lot size, proximity to amenities, view premiums, location,
market conditions, historical sales, builder contracts, discussions with homebuilders, reports
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 6
FINAL SERVICE AND ASSESSMENT PLAN
from third party consultants, or any other factors that, in the judgment of the City, may impact
value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E.
"Improvement Area #1" means approximately 55.9022 acres located within the District, more
specifically described in Exhibit J-2 and depicted on Exhibit A-2.
"Improvement Area #1 Annual Installment" means the Annual Installment of the Improvement
Area #1 Assessment as calculated by the Administrator and approved by the City Council, that
includes: (1) principal; (2) interest; (3) Annual Collection Costs related to Improvement Area #1;
and (4) Additional Interest related to any series of PID Bonds secured by all or a portion of the
Improvement Area #1 Assessment, if applicable.
"Improvement Area #1 Assessed Property" means any Parcel within Improvement Area #1
against which an Improvement Area #1 Assessment is levied.
"Improvement Area#1 Assessment" means an Assessment levied against Improvement Area #1
Assessed Property, related to the Improvement Area #1 Authorized Improvements, and imposed
pursuant to an Assessment Ordinance and the provisions herein, as shown on the Improvement
Area #1 Assessment Roll, subject to reallocation or reduction in accordance with the provisions
set forth in Section VI herein and in the PID Act.
"Improvement Area #1 Assessment Roll" means the Assessment Roll for the Improvement Area
#1 Assessed Property, as updated, modified, or amended from time to time in accordance with
the procedures set forth herein and in the PID Act, including any updates prepared in connection
with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1
Assessment Roll is included in this Service and Assessment Plan as Exhibit F-1.
"Improvement Area #1 Authorized Improvements" means collectively, (1) the Improvement
Area #1 Improvements; (2) Improvement Area #1's share of the Initial Common to All
Improvements; (3) the first year's Annual Collection Costs related Improvement Area #1; and (4)
Bond Issuance Costs incurred in connection with the issuance of any series of PID Bonds secured
by all or a portion of the Improvement Area #1 Assessment, if applicable.
"Improvement Area#1 Improvements" means the Authorized Improvements which only benefit
the Improvement Area #1 Assessed Property, as further described in Section III.A and depicted
on Exhibit G-2.
"Improvement Area #1 Initial Parcel" means all of the Improvement Area #1 Assessed Property
against which the entire Improvement Area #1 Assessment is levied, as shown on the
Improvement Area #1 Assessment Roll.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN
"Improvement Area #1 Reimbursement Obligation" means the amount shown on Schedule
secured by Improvement Area #1 Assessments to be paid to the Developer under the
Reimbursement Agreement. The Annual Installments for the Improvement Area #1
Reimbursement Obligation are shown on Exhibit I. If the City issues one or more series of PID
Bonds secured by Improvement Area #1 Assessments, then the net proceeds of such PID Bonds
shall be used to refinance all or a portion of the outstanding Improvement Area #1
Reimbursement Obligation.
"Indenture" means an indenture of trust entered into between the City and the Trustee in
connection with the issuance of each series of PID Bonds, as amended from time to time, setting
forth the terms and conditions related to a series of PID Bonds.
"Initial Common to All Improvements" means the Common to All Improvements installed with
Improvement Area #1, as further described in Section III.B. and depicted on Exhibit G-1.
"Lot" means (1)for any portion of the District for which a final subdivision plat has been recorded
in the plat or official public records of the County, a tract of land described by "lot" in such
subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been
recorded in the plat or official public records of the County, a tract of land anticipated to be
described as a "lot" in a final recorded subdivision plat as shown on a concept plan or a
preliminary plat. A "Lot" shall not include real property owned by a government entity, even if
such property is designated as a separate described tract or lot on a recorded subdivision plat.
"Lot Type" means a classification of final building Lots with similar characteristics (e.g. lot size,
home product, Estimated Buildout Value, etc.), as determined by the Administrator and
confirmed by the City Council. In the case of single-family residential Lots, the Lot Type shall be
further defined by classifying the residential Lots by the Estimated Buildout Value of the Lot as
provided by the Developer, and confirmed by the City Council, as shown on Exhibit H.
"Lot Type 1" means a Lot within Improvement Area #1 marketed to homebuilders as a Villa Lot.
The buyer disclosure for Lot Type 1 is attached as Appendix B-2.
"Lot Type 2" means a Lot within Improvement Area#1 marketed to homebuilders as a Villa + Lot.
The buyer disclosure for Lot Type 2 is attached as Appendix B-3.
"Lot Type 3" means a Lot within Improvement Area #1 marketed to homebuilders as a Standard
Lot. The buyer disclosure for Lot Type 3 is attached as Appendix B-4.
"Lot Type 4" means a Lot within Improvement Area #1 marketed to homebuilders as a Standard
+ Lot. The buyer disclosure for Lot Type 4 is attached as Appendix B-5.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 8
FINAL SERVICE AND ASSESSMENT PLAN
"Lot Type 5" means a Lot within Improvement Area #1 marketed to homebuilders as a Medium
Lot. The buyer disclosure for Lot Type 5 is attached as Appendix B-6.
"Lot Type 6" means a Lot within Improvement Area #1 marketed to homebuilders as a Medium
+ Lot. The buyer disclosure for Lot Type 6 is attached as Appendix B-7.
"Lot Type 7" means a Lot within Improvement Area #1 marketed to homebuilders as a Large +
Lot. The buyer disclosure for Lot Type 7 is attached as Appendix B-8.
"Maximum Assessment" means, for each Lot, an Assessment equal to the lesser of (1) the
amount calculated pursuant to Section VLA, or (2) for each Lot Type, the amount shown on
Exhibit E.
"Non-Benefited Property" means Parcels within the boundaries of the District that accrue no
special benefit from the Authorized Improvements as determined by the City Council, and are
not assessed.
"Notice of Assessment Termination" means a document that shall be recorded in the official
public records of the County evidencing the termination of an Assessment, a form of which is
attached as Exhibit H.
"Owner" or "Owners" means Diamond Beach Holdings, LLC and any successors or assigns
thereof.
"Parcel"or"Parcels" means a specific property within the District identified by either a tax parcel
identification number assigned by the Nueces Central Appraisal District for real property tax
purposes, by legal description, or by lot and block number in a final subdivision plat recorded in
the official public records of the County, or by any other means determined by the City.
"PID Act" means Chapter 372, Texas Local Government Code, as amended.
"PID Bonds" means any bonds issued by the City in one or more series and secured in whole or
in part by Assessments.
"Prepayment" means the payment of all or a portion of an Assessment before the due date of
the final Annual Installment thereof. Amounts received at the time of a Prepayment which
represent a payment of principal, interest, or penalties on a delinquent installment of an
Assessment are not to be considered a Prepayment, but rather are to be treated as the payment
of the regularly scheduled Annual Installment.
"Prepayment Costs" means interest, including Additional Interest and Annual Collection Costs,
to the date of Prepayment.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 9
FINAL SERVICE AND ASSESSMENT PLAN
"Preserve" means approximately 4.64 acres located within the District more specifically
described in Exhibit J-3 and depicted on Exhibit A-3. The Preserve is the location of all Common
to All Improvements, and is considered Non-Benefited Property.
"Private Improvements" means improvements required to be constructed by the Developer that
are not Authorized Improvements but are required to reach final Lot completion.
"Reimbursement Agreement" means that certain "PID Reimbursement Agreement Whitecap
Public Improvement District," effective entered into by and between the City and
Developer in which: (1)the Developer on behalf of the Owner agrees to construct the Authorized
Improvements, including the Common to All Improvements and Improvement Area #1
Improvements, and to fund certain Actual Costs of Authorized Improvements; (2)the City agrees
to reimburse the Developer for Actual Costs of the Authorized Improvements solely from the
revenue collected by the City from Assessments, including Annual Installments thereof, and/or
from the net proceeds of PID Bonds, if issued; and (3) provides for the terms of payment of
principal plus interest on each Reimbursement Obligation shown on Schedule I.
"Reimbursement Obligation" means a reimbursement obligation, including but not limited to
the Improvement Area #1 Reimbursement Obligation, related to Actual Costs of Authorized
Improvements to be paid to the Developer under the terms of the Reimbursement Agreement.
Each Reimbursement Obligation shall be set forth on Schedule I attached to this Service and
Assessment Plan, and will be updated at the adoption of each Assessment Ordinance. Schedule
will be updated as part of the update to this Service and Assessment Plan (1) each time the City
levies an Assessment, (2)when PID Bonds are issued, or(3)with each Annual Service Plan Update
to reflect annual principal paid with Annual Installments collected.
"Remainder Area" means approximately 181.4688 acres located within the District and entirely
outside of Improvement Area #1 and the Preserve, and depicted on Exhibit A-4, to be developed
as one or more future improvement areas.
"Service and Assessment Plan" means this Whitecap Public Improvement District No. 1 Service
and Assessment Plan as updated, amended, or supplemented from time to time.
"Service Plan" means the plan described in Section IV which covers a period of at least five years
and defines the annual indebtedness and projected costs of the Authorized Improvements.
"Trustee" means the trustee or successor trustee under an Indenture.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN
SECTION II: THE DISTRICT
The District includes approximately 242.011 contiguous acres located within the corporate limits
of the City, the boundaries of which are more particularly described on Exhibit J-1 and depicted
on Exhibit A-1. Development of the District is anticipated to include approximately 620 Lots
developed with single-family homes, and 50.3 acres of commercial space.
Improvement Area #1 includes approximately 55.9022 acres located within the corporate limits
of the City, the boundaries of which are more particularly described on Exhibit J-2 and depicted
on Exhibit A-2. Improvement Area #1 is preliminarily platted and includes 199 Lots developed
with single-family homes (19 single-family homes that are on Lots classified as Lot Type 1, 47
single-family homes that are on Lots classified as Lot Type 2, 9 single-family homes that are on
Lots classified as Lot Type 3, 93 single-family homes that are on Lots classified as Lot Type 4, 15
single-family homes that are on Lots classified as Lot Type 5, 9 single-family homes that are on
Lots classified as Lot Type 6, and 7 single-family homes that are on Lots classified as Lot Type 7.)
Final platting will be completed when infrastructure is dedicated to the City.
The Remainder Area includes approximately 181.4688 contiguous acres located within the
corporate limits of the City, the boundaries of which are depicted on Exhibit A-4. Development
of the Remainder Area is anticipated to include approximately 421 Lots developed with single-
family homes and 50.3 acres of commercial space.
SECTION III: AUTHORIZED IMPROVEMENTS
Based on information provided by the Developer and its engineer and reviewed by the City staff
and by third-party consultants retained by the City, the City has determined that the Authorized
Improvements confer a special benefit on the Assessed Property. Authorized Improvements will
be designed and constructed in accordance with the City's standards and specifications and will
be owned and operated by the City or maintained by the owner's association. The budget for the
Authorized Improvements is shown on Exhibit B. As the Remainder Area is subdivided into future
improvement areas, the costs of the Authorized Improvements, including additional Common to
All Improvements that specially benefit such future improvement areas, will be determined and
identified in updates to this Service and Assessment Plan when Assessments relating to
Authorized Improvements benefitting such future improvement areas are levied.
A. Initial Common to All Improvements
■ Preserve
Preserve Improvements— Improvements within or relating to the approximate 4.64 acre
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 11
FINAL SERVICE AND ASSESSMENT PLAN
public park and open space to be known as the "Preserve" including installation of
entryway monuments, signage, lighting, hardscape, screening walls, trails, sidewalks,
pathways, playgrounds, furnishings, and irrigation systems. The Preserve Improvements
will benefit all property within the District and will be owned by the City and maintained
by one or more owner's associations as set forth in the Development Agreement.
■ Soft Costs
Costs related to designing, constructing, and installing the Initial Common to All
Improvements including land planning and design, City fees, engineering, soil testing,
survey, construction management, contingency, legal fees, and consultant fees.
B. Improvement Area #1 Improvements
■ Streets
Improvements including subgrade stabilization, concrete and reinforcing steel for
roadways, testing, handicapped ramps, and streetlights. All related earthwork,
excavation, erosion control, retaining walls, intersections, signage, lighting and re-
vegetation of all disturbed areas within the right-of-way are included. The street
improvements will provide benefit to each Lot within Improvement Area #1.
■ Drainage
Improvements including earthen channels, swales, curb and drop inlets, RCP piping and
boxes, headwalls, concrete flumes, rock rip rap, concrete outfalls, and testing as well as
all related earthwork, excavation, erosion control and all necessary appurtenances
required to provide storm drainage for all Lots within Improvement Area #1.
■ Water
Improvements including trench excavation and embedment, trench safety, PVC piping,
manholes, service connections, testing, related earthwork, excavation, erosion control
and all necessary appurtenances required to provide water service to all Lots within
Improvement Area #1.
■ Wastewater
Improvements including trench excavation and embedment, trench safety, PVC piping,
ductile iron encasement, boring, manholes, service connections, testing, related
earthwork, excavation, erosion control and all necessary appurtenances required to
provide wastewater service to all Lots within Improvement Area #1.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 12
FINAL SERVICE AND ASSESSMENT PLAN
■ Soft Costs
Costs related to designing, constructing, and installing the Improvement Area #1
Improvements including land planning and design, City fees, engineering, soil testing,
survey, construction management, contingency, legal fees, District Formation Costs, and
consultant fees.
C. Bond Issuance Costs
■ Debt Service Reserve Fund
Equals the amount to be deposited in a debt service reserve fund under an applicable
Indenture in connection with the issuance of PID Bonds.
■ Capitalized Interest
Equals the amount required to be deposited for the purpose of paying capitalized interest
on a series of PID Bonds under an applicable Indenture in connection with the issuance of
such PID Bonds.
■ Underwriter's Discount
Equals a percentage of the par amount of a particular series of PID Bonds related to the
costs of underwriting such PID Bonds.
■ Costs of Issuance
Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer
fees, attorney's fees, financial advisory fees, consultant fees, appraisal fees, printing
costs, publication costs, City's costs, fees charged by the Texas Attorney General, and any
other cost or expense directly associated with the issuance of PID Bonds.
D. Other Costs
■ Deposit to Administrative Fund
Equals the amount necessary to fund the first year's Annual Collection Costs for a
particular series of PID Bonds.
SECTION IV: SERVICE PLAN
The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is
required to define the annual projected costs and indebtedness for the Authorized
Improvements undertaken within the District during the five-year period. The Service Plan is also
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 13
FINAL SERVICE AND ASSESSMENT PLAN
required to include a copy of the buyer disclosure notice form required by Section 5.014 of the
Texas Property Code, as amended. The Service Plan must be reviewed and updated in each
Annual Service Plan Update. Exhibit C summarizes the initial Service Plan for Improvement Area
#1. Per the PID Act and Section 5.014 of the Texas Property Code, as amended, this Service and
Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer
disclosure for the District. The buyer disclosures are attached hereto as Appendix B.
Exhibit D summarizes the sources and uses of funds required to construct the Authorized
Improvements and Private Improvements. The sources and uses of funds shown on Exhibit D
shall be updated in an Annual Service Plan Update to show the amount required to fund the
required reserves and to reflect any budget revisions at the time the PID Bonds are issued.
SECTION V: ASSESSMENT PLAN
The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the
Assessed Property based on the special benefit received from the Authorized Improvements.The
PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot;
(2) according to the value of property as determined by the City Council, with or without regard
to improvements constructed on the property; or (3) in any other manner approved by the City
Council that results in imposing equal shares of such costs on property similarly benefited. The
PID Act further provides that the City Council may establish by ordinance or order reasonable
classifications and formulas for the apportionment of the cost between the City and the area to
be assessed and the methods of assessing the special benefits for various classes of
improvements.
This section of this Service and Assessment Plan describes the special benefit received by each
Parcel within the District as a result of the Authorized Improvements and provides the basis and
justification for the determination that this special benefit equals or exceeds the amount of the
Assessments to be levied on the Assessed Property for such Authorized Improvements.
The determination by the City Council of the assessment methodologies set forth below is the
result of the discretionary exercise by the City Council of its legislative authority and
governmental powers and is conclusive and binding on the Owner, developers, and all future
owners and developers of the Assessed Property.
A. Assessment Methodology
Acting in its legislative capacity and based on information provided by the Developer and its
engineer and reviewed by the City staff and by third-party consultants retained by the City, the
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 14
FINAL SERVICE AND ASSESSMENT PLAN
City Council has determined that the costs related to the Authorized Improvements shall be
allocated as follows:
■ The costs of the Improvement Area #1 Authorized Improvements shall be allocated to
each Parcel within Improvement Area #1 based on the ratio of the Estimated Buildout
Value of each Parcel designated as Improvement Area #1 Assessed Property to the
Estimated Buildout Value of all Improvement Area #1 Assessed Property. Currently, the
Improvement Area #1 Initial Parcel is the only Parcel within Improvement Area #1, and as
such, the Improvement Area #1 Initial Parcel is allocated 100% of the Improvement Area
#1 Authorized Improvements.
■ The costs of the Initial Common to All Improvements shall be allocated to Improvement
Area #1 and the Remainder Area based upon the acreage of each Parcel or Assessed
Property within Improvement Area #1 and the Remainder Area, as applicable,to the total
acreage of Improvement Area #1 and the Remainder Area. The Remainder Area is
allocated 76.45% of the Initial Common to All Improvements costs, and Improvement
Area #1 is allocated 23.55% of the Initial Common to All Improvements costs. The
Remainder Area and Improvement Area #1's shares of the Initial Common to All
Improvement costs are illustrated in Exhibit B.
B. Assessments
The Improvement Area #1 Assessment will be levied on the Improvement Area #1 Initial Parcel
in the amount shown on the Improvement Area #1 Assessment Roll, attached hereto as Exhibit
F-1. The projected Improvement Area #1 Annual Installments are shown on Exhibit F-2. Upon
division or subdivision of the Improvement Area #1 Initial Parcel, the Improvement Area #1
Assessment will be reallocated pursuant to Section VI.
The Maximum Assessment for each Lot Type is shown on Exhibit E. In no case will the Assessment
for Lots classified as Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5, Lot Type 6 or Lot
Type 7, respectively, exceed the corresponding Maximum Assessment for each Lot classification.
C. Findings of Special Benefit
Acting in its legislative capacity and based on information provided by the Developer and its
engineer and reviewed by the City staff and by third-party consultants retained by the City, the
City Council has found and determined the following:
■ Improvement Area#1
■ The costs of the Improvement Area #1 Authorized Improvements equal
$31,943,908 as shown on Exhibit B;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 15
FINAL SERVICE AND ASSESSMENT PLAN
■ The Improvement Area #1 Assessed Property receives special benefit from the
Improvement Area #1 Authorized Improvements equal to or greater than the
Actual Cost of the Improvement Area #1 Authorized Improvements;
■ The Improvement Area#1 Initial Parcel will be allocated 100%of the Improvement
Area #1 Assessment levied for the Improvement Area #1 Authorized
Improvements, which equals $23,856,000 as shown on the Improvement Area #1
Assessment Roll attached hereto as Exhibit F-1;
■ The special benefit ($31,943,908) received by the Improvement Area #1 Initial
Parcel from the Improvement Area #1 Authorized Improvements is equal to or
greater than the amount of the Improvement Area #1 Assessment ($23,856,000)
levied on the Improvement Area #1 Initial Parcel for the Improvement Area #1
Authorized Improvements; and
■ At the time the City Council approved the Service and Assessment Plan,the Owner
owned 100% of the Improvement Area #1 Initial Parcel. In a landowner consent
certificate executed by the Owner and filed with the County Clerk of the County,
the Owner acknowledged that the Improvement Area #1 Authorized
Improvements confer a special benefit on the Improvement Area #1 Initial Parcel
and consented to the imposition of the Improvement Area #1 Assessment to pay
for the Actual Costs associated therewith. The Owner ratified, confirmed,
accepted, agreed to, and approved: (1)the determinations and findings by the City
Council as to the special benefits described herein and the applicable Assessment
Ordinance; (2) the Service and Assessment Plan and the applicable Assessment
Ordinance; and (3) the levying of the Improvement Area #1 Assessment on the
Improvement Area #1 Initial Parcel.
D. Annual Collection Costs
The Annual Collection Costs shall be paid for annually by the owner of each Assessed Property
pro rata based on the ratio of the amount of outstanding Assessment remaining on the Assessed
Property to the total outstanding Assessment. The Annual Collection Costs shall be collected as
part of and in the same manner as Annual Installments in the amounts shown on the Assessment
Roll, which may be revised based on Actual Costs incurred in Annual Service Plan Updates.
E. Interest
The interest on the Improvement Area #1 Assessment securing the Improvement Area #1
Reimbursement Obligation shall be collected at the rates in the Assessment Ordinance and as
depicted on Schedule I attached hereto as part of the Improvement Area #1 Annual Installment,
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 16
FINAL SERVICE AND ASSESSMENT PLAN
and will not include Additional Interest unless and until PID Bonds secured by the Improvement
Area #1 Assessments are issued. If and when such PID Bonds are issued, the rate calculated will
match the rate on the PID Bonds, plus Additional Interest, but in no instance will the Assessment
on any Assessed Property be increased.
SECTION VI: TERMS OF THE ASSESSMENTS
Any reallocation of Assessments as described in this Section VI shall be considered an
administrative action of the City and will not be subject to the notice or public hearing
requirements under the PID Act.
A. Reallocation of Assessments
1. Upon Division Prior to Recording of Subdivision Plat
Upon the division of any Assessed Property (without the recording of a subdivision plat),
the Administrator shall reallocate the Assessment for the Assessed Property prior to the
division among the newly divided Assessed Properties according to the following formula:
A = Bx (C= D)
Where the terms have the following meanings:
A = the Assessment for the newly divided Assessed Property
B = the Assessment for the Assessed Property prior to division
C = the Estimated Buildout Value of the newly divided Assessed Property
D = the sum of the Estimated Buildout Value for all of the newly divided Assessed
Properties
The calculation of the Assessment of an Assessed Property shall be performed by the
Administrator and shall be based on the Estimated Buildout Value of that Assessed
Property, as provided by the Developer, relying on information from homebuilders,
market studies, appraisals, official public records of the County, and any other relevant
information regarding the Assessed Property. The Estimated Buildout Values for Lot Type
1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5, Lot Type 6, and Lot Type 7 are shown on
Exhibit E and will not change in future Annual Service Plan Updates but Exhibit E may be
updated in future Annual Service Plan Updates to account for additional Lot Types. The
calculation as confirmed by the City Council shall be conclusive and binding.
The sum of the Assessments for all newly divided Assessed Properties shall equal the
Assessment for the Assessed Property prior to subdivision. The calculation shall be made
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 17
FINAL SERVICE AND ASSESSMENT PLAN
separately for each newly divided Assessed Property. The reallocation of an Assessment
for an Assessed Property that is a homestead under Texas law may not exceed the
Assessment prior to the reallocation. Any reallocation pursuant to this section shall be
reflected in the Annual Service Plan Update immediately following such reallocation.
2. Upon Subdivision by a Recorded Subdivision Plat
Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the
Administrator shall reallocate the Assessment for the Assessed Property prior to the
subdivision among the new subdivided Lots based on Estimated Buildout Value according
to the following formula:
A = [B x (C_ D)]/E
Where the terms have the following meanings:
A = the Assessment for the newly subdivided Lot
B = the Assessment for the Parcel prior to subdivision
C = the sum of the Estimated Buildout Value of all newly subdivided Lots with the
same Lot Type
D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots
excluding Non-Benefited Property
E= the number of newly subdivided Lots with the same Lot Type
Prior to the recording of a subdivision plat, the Developer shall provide the City an
Estimated Buildout Value as of the date of the recorded subdivision plat for each Lot
created by the recorded subdivision plat. The calculation of the Assessment for a Lot shall
be performed by the Administrator and confirmed by the City Council based on Estimated
Buildout Value information provided by the Developer, homebuilders, third party
consultants, and/or the Official Public Records of the County regarding the Lot. The
Estimated Buildout Values for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, Lot Type 5,
Lot Type 6 and Lot Type 7 are shown on Exhibit E and will not change in future Annual
Service Plan Updates. The calculation as confirmed by the City Council shall be conclusive
and binding.
The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment
for the portion of the Assessed Property subdivided prior to subdivision. The calculation
shall be made separately for each newly subdivided Assessed Property. The reallocation
of an Assessment for an Assessed Property that is a homestead under Texas law may not
exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 18
FINAL SERVICE AND ASSESSMENT PLAN
shall be reflected in the Annual Service Plan Update immediately following such
reallocation.
3. Upon Consolidation
If two or more Lots or Parcels are consolidated into a single Lot or Parcel, the
Administrator shall allocate the Assessments against the Lots or Parcels before the
consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the
City Council in the next Annual Service Plan Update immediately following such
consolidation. The Assessment for any resulting Lot may not exceed the Maximum
Assessment for the applicable Lot Type and compliance may require a mandatory
Prepayment of Assessments pursuant to Section VI.C.
B. Mandatory Prepayment of Assessments
If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment
of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to
become Non-Benefited Property, the owner of such Lot, Parcel or portion thereof shall pay to
the City, or cause to be paid to the City, the full amount of the Assessment, plus all Prepayment
Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance
or act, and no such conveyance shall be effective until the City receives such payment. Following
payment of the foregoing costs in full, the City shall provide the owner with a recordable "Notice
of Assessment Termination," a form of which is attached hereto as Exhibit H.
C. True-Up of Assessments if Maximum Assessment Exceeded at Plat
Prior to the City approving a final subdivision plat, the Administrator will certify that such plat
will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If
the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed
the Maximum Assessment for that Lot Type, then (1)the Assessment applicable to each Lot Type
shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat
shall pay to the City, or cause to be paid to the City, the amount the Assessment was reduced,
plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the
final plat. The City's approval of a plat without payment of such amounts does not eliminate the
obligation of the person or entity filing the plat to pay such amounts. At no time shall the
aggregate Assessments for any Lot exceed the Maximum Assessment.
D. Reduction of Assessments
If as a result of cost savings or the failure to construct all or a portion of an Authorized
Improvement the Actual Costs of any Authorized Improvements are less than the Assessments,
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 19
FINAL SERVICE AND ASSESSMENT PLAN
then (i) in the event PID Bonds have not been issued for the purpose of financing Authorized
Improvements affected by such reduction in Actual Costs, the City Council shall reduce each
Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all
Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that
PID Bonds have been issued for the purpose of financing Authorized Improvements affected by
such reduction in Actual Costs, the Trustee shall apply amounts on deposit in the applicable
account of the project fund created under the Indenture relating to such series of PID Bonds that
are not expected to be used for the purposes of the project fund as directed by the City pursuant
to the terms of such Indenture. Such excess PID Bond proceeds may be used for any purpose
authorized by such Indenture. The Assessments shall never be reduced to an amount less than
the amount required to pay all outstanding debt service requirements on all outstanding PID
Bonds.
The Administrator shall update (and submit to the City Council for review and approval as part of
the next Annual Service Plan Update)the Assessment Roll and corresponding Annual Installments
to reflect the reduced Assessments.
E. Prepayment of Assessments
The owner of any Assessed Property may, at any time, pay all or any part of an Assessment in
accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established
under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service
Plan Update has been approved by the City Council prior to the Prepayment, the Annual
Installment shall be due and payable and shall be credited against the Prepayment.
If an Assessment on an Assessed Property is prepaid in full, with Prepayment Costs, (1) the
Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and
the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised
Assessment Roll and submit such revised Assessment Roll to the City Council for review and
approval as part of the next Annual Service Plan Update; (3)the obligation to pay the Assessment
and corresponding Annual Installments shall terminate with respect to said Assessed Property;
and (4) the City shall provide the owner with a recordable "Notice of Assessment Termination."
If an Assessment on an Assessed Property is prepaid in part with Prepayment Costs: (1) the
Administrator shall cause the Assessment to be reduced on said Assessed Property and the
Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment
Roll and submit such revised Assessment Roll to the City Council for review and approval as part
of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be
reduced to the extent of the Prepayment made.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 20
FINAL SERVICE AND ASSESSMENT PLAN
For purposes or Prepayments, the Improvement Area #1 Reimbursement Obligation is and will
remain subordinated to any PID Bonds secured by the Improvement Area #1 Assessments issued
to refinance all or a portion of the Improvement Area #1 Reimbursement Obligation.
F. Payment of Assessment in Annual Installments
Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2
shows the estimated Improvement Area #1 Annual Installments. Annual Installments are subject
to adjustment in each Annual Service Plan Update.
Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is
assigned multiple tax parcel identification numbers for billing and collection purposes,the Annual
Installment shall be allocated pro rata based on the acreage of the Parcel not including any Non-
Benefited Property, as shown by the Nueces Central Appraisal District for each tax parcel
identification number.
The Administrator shall prepare and submit to the City Council for its review and approval an
Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each
Annual Service Plan Update shall include updated Assessment Rolls and updated calculations of
Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the
owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment
remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be
reduced by any credits applied under an applicable Indenture, such as capitalized interest,
interest earnings on account balances, and any other funds available to the Trustee for such
purposes. Annual Installments shall be collected by the City in the same manner and at the same
time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and
foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad
valorem taxes due and owing to the City. To the extent permitted by the PID Act or other
applicable law, the City Council may provide for other means of collecting Annual Installments,
but in no case shall the City take any action, or fail to take any action, that would cause it to be
in default under any Indenture. Assessments shall have the lien priority specified in the PID Act.
Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien
for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed
Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of
the remaining unpaid Annual Installments as they become due and payable.
The City reserves the right to refund PID Bonds in accordance with applicable law, including the
PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 21
FINAL SERVICE AND ASSESSMENT PLAN
so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding
bonds shall constitute "PID Bonds."
Each Annual Installment of an Assessment, including interest on the unpaid principal of the
Assessment, shall be updated annually. Each Annual Installment shall be due when billed and
shall be delinquent if not paid prior to February 1 of the following year. The initial Annual
Installments of the Improvement Area #1 Assessments shall be due when billed and shall be
delinquent if not paid prior to February 1, 2025.
Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment shall
not relieve said owner of the responsibility for payment of the Assessment. Assessments, or
Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs.
G. Prepayment as a Result of an Eminent Domain Proceeding or Taking
Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner
as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed
Property is made to an entity with the authority to condemn all or a portion of the Assessed
Property in lieu of or as a part of an eminent domain proceeding (a "Taking"), the portion of the
Assessed Property that was taken or transferred (the "Taken Property") shall be reclassified as
Non-Benefited Property.
For the Assessed Property that is subject to the Taking as described in the preceding paragraph,
the Assessment that was levied against the Assessed Property (when it was included in the Taken
Property) prior to the Taking shall remain in force against the remaining Assessed Property (the
Assessed Property less the Taken Property) (the "Remaining Property"), following the
reclassification of the Taken Property as Non-Benefited Property, subject to an adjustment of the
Assessment applicable to the Remaining Property after any required Prepayment as set forth
below. The owner of the Remaining Property will remain liable to pay, pursuant to the terms of
this Service and Assessment Plan, as updated, and the PID Act, the Assessment that remains due
on the Remaining Property, subject to an adjustment in the Assessment applicable to the
Remaining Property after any required Prepayment as set forth below. Notwithstanding the
foregoing, if the Assessment that remains due on the Remaining Property exceeds the applicable
Maximum Assessment, the owner of the Remaining Property will be required to make a
Prepayment in an amount necessary to ensure that the Assessment against the Remaining
Property does not exceed such Maximum Assessment, in which case the Assessment applicable
to the Remaining Property will be reduced by the amount of the partial Prepayment. If the City
receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in
lieu of condemnation), such amount shall be credited against the amount of Prepayment, with
any remainder credited against the Assessment on the Remaining Property.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN
In all instances the Assessment remaining on the Remaining Property shall not exceed the
applicable Maximum Assessment.
By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100
Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be
reclassified as Non-Benefited Property and the remaining 90 acres constituting the Remaining
Property shall be subject to the $100 Assessment (provided that this $100 Assessment does not
exceed the Maximum Assessment on the Remaining Property). If the Administrator determines
that the $100 Assessment reallocated to the Remaining Property would exceed the Maximum
Assessment, as applicable, on the Remaining Property by $10, then the owner shall be required
to pay $10 as a Prepayment of the Assessment against the Remaining Property and the
Assessment on the Remaining Property shall be adjusted to $90.
Notwithstanding the previous paragraphs in this subsection, if the owner of the Remaining
Property notifies the City and the Administrator that the Taking prevents the Remaining Property
from being developed for any use which could support the Estimated Buildout Value
requirement, the owner shall, upon receipt of the compensation for the Taken Property, be
required to prepay the amount of the Assessment required to buy down the outstanding
Assessment to the applicable Maximum Assessment on the Remaining Property to support the
Estimated Buildout Value requirement. The owner will remain liable to pay the Assessment on
both the Taken Property and the Remaining Property until such time that such Assessment has
been prepaid in full.
Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be
reduced to an amount less than the amount required to pay all outstanding debt service
requirements on all outstanding PID Bonds.
SECTION VII: ASSESSMENT ROLL
The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall
prepare and submit to the City Council for review and approval proposed revisions to the
Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each
Parcel as part of each Annual Service Plan Update.
SECTION VIII: ADDITIONAL PROVISIONS
A. Calculation Errors
If the owner of a Parcel claims that an error has been made in any calculation required by this
Service and Assessment Plan, including, but not limited to, any calculation made as part of any
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 23
FINAL SERVICE AND ASSESSMENT PLAN
Annual Service Plan Update, the owner's sole and exclusive remedy shall be to submit a written
notice of error to the Administrator by December 1s' of each year following City Council's
approval of the calculation. Otherwise, the owner shall be deemed to have unconditionally
approved and accepted the calculation. The Administrator shall provide a written response to
the City Council and the owner not later than 30 days after receipt of such written notice of error
by the Administrator. The City Council shall consider the owner's notice of error and the
Administrator's response at a public meeting, and, not later than 30 days after closing such
meeting,the City Council shall make a final determination as to whether an error has been made.
If the City Council determines that an error has been made, the City Council shall take such
corrective action as is authorized by the PID Act, this Service and Assessment Plan,the applicable
Assessment Ordinance,the applicable Indenture, or as otherwise authorized by the discretionary
power of the City Council. The determination by the City Council as to whether an error has been
made, and any corrective action taken by the City Council, shall be final and binding on the owner
and the Administrator.
B. Amendments
Amendments to this Service and Assessment Plan must be made by the City Council in
accordance with the PID Act. To the extent permitted by the PID Act,this Service and Assessment
Plan may be amended without notice to owners of the Assessed Property: (1)to correct mistakes
and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect
Assessments, Annual Installments, and other charges imposed by this Service and Assessment
Plan.
C. Administration and Interpretation
The Administrator shall: (1) perform the obligations of the Administrator as set forth in this
Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction
of the City Council; and (3) interpret the provisions of this Service and Assessment Plan.
Interpretations of this Service and Assessment Plan by the Administrator shall be in writing and
shall be appealable to the City Council by owners of Assessed Property adversely affected by the
interpretation. Appeals shall be decided by the City Council after holding a public meeting at
which all interested parties have an opportunity to be heard. Decisions by the City Council shall
be final and binding on the owners of Assessed Property and developers and their successors and
assigns.
D. Form of Buyer Disclosure/Filing Requirements
Per Section 5.014 of the Texas Property Code, as amended,this Service and Assessment Plan, and
any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 24
FINAL SERVICE AND ASSESSMENT PLAN
District. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval
by the City Council, the City shall file and record in the real property records of the County the
executed ordinance of this Service and Assessment Plan, or any future Annual Service Plan
Updates. The executed ordinance, including any attachments, approving this Service an
Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their
entirety.
E. Severability
If any provision of this Service and Assessment Plan is determined by a governmental agency or
court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum
extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the
remaining provisions.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 25
FINAL SERVICE AND ASSESSMENT PLAN
SCHEDULE AND EXHIBITS
The following Schedule and Exhibits are attached to and made a part of this Service and
Assessment Plan for all purposes:
Schedule I Reimbursement Obligations
Exhibit A-1 Map of the District
Exhibit A-2 Plats of Improvement Area #1
Exhibit A-3 Map of the Preserve
Exhibit A-4 Map of Remainder Area
Exhibit A-5 Lot Type Classification Map
Exhibit B Project Costs
Exhibit C Service Plan
Exhibit D Sources and Uses of Funds
Exhibit E Maximum Assessment and Tax Rate Equivalent
Exhibit F-1 Improvement Area #1 Assessment Roll
Exhibit F-2 Improvement Area #1 Annual Installments
Exhibit G-1 Maps of Initial Common to All Improvements
Exhibit G-2 Maps of Improvement Area #1 Improvements
Exhibit H Form of Notice of Assessment Termination
Exhibit I Annual Installments for Improvement Area #1 Reimbursement Obligation
Exhibit J-1 District Boundary Description
Exhibit J-2 Improvement Area #1 Boundary Description
Exhibit J-3 Remainder Area Boundary Description
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 26
FINAL SERVICE AND ASSESSMENT PLAN
SCHEDULE I
The following Schedule is attached to and made apart of this Service and Assessment Plan for all purposes:
1. Improvement Area#1 Reimbursement Obligation
Original Principal Amount: $
• Interest Rate: Interest on any unpaid portion of the Improvement Area #1
Reimbursement Obligation shall be %provided; however,the Interest Rate at all times shall
remain lower than or equal to the lesser of: (1) the interest rates on the City of Corpus Christi,
Texas, Special Assessment Revenue Bonds, Series 2024 (Whitecap Public Improvement District
No. 1 Improvement Area #1 Project), or (2) _% based on the Bond Index Rate of_% as the
highest average index rate reported for the[NAME OF INDEX], a weekly bond index approved by
the City Council of the City, in the month before the date the City approved the Assessment
Ordinance levying the Improvement Area #1 Assessments which is the same date the obligation
to pay the Improvement Area#1 Reimbursement Obligation was incurred.
:pproved
Date of Improvement Area#1 Assessment Ordinance Approval: Ordinance No.
on [ , 20_] and recorded in the real property records of Nueces County,Texas on
[ ], 20_, as Document No. [ ].
• Payment Source: Solely from: (1) revenue derived from Improvement Area #1
Assessments collected by the City and deposited in accordance with the Reimbursement
Agreement if no PID Bonds secured by Improvement Area#1 Assessments are levied, (2) net bond
proceeds of PID Bonds secured by the Improvement Area #1 Assessments levied against the
Improvement Area #1 Assessed Property shown on the Improvement Area #1 Assessment Roll
attached as Exhibit F-1 to this Service and Assessment Plan, or(3) a combination of(1) and (2).
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 27
FINAL SERVICE AND ASSESSMENT PLAN
APPENDICES
The following Appendices are attached to and made a part of this Service and Assessment Plan
for all purposes:
Appendix A Engineer's Report
Appendix B Buyer Disclosures
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 28
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT A-1 - MAP OF THE DISTRICT
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WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 29
FINAL SERVICE AND ASSESSMENT PLAN
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FINAL SERVICE AND ASSESSMENT PLAN 35
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FINAL SERVICE AND ASSESSMENT PLAN 37
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FINAL SERVICE AND ASSESSMENT PLAN 38
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FINAL SERVICE AND ASSESSMENT PLAN 39
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WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 40
FINAL SERVICE AND ASSESSMENT PLAN
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WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 41
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT A-5—LOT TYPE CLASSIFICATION MAP
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WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN 42
EXHIBIT B - PROJECT COSTS
Iimprovement Area#1 Immobodw AreaInitial Common to All Improvements i`i
Preserve $ 2,310,000 $ 23.55% $ 544,018 76.45% $ 1,765,982
Soft Costs[d] 852,500 23.55% 200,769 76.45% 651,731
T3,162,500 $ $ 744,786 $ 2,417,714
Improvement Area#1 Improvements
Street $17,087,424 $ 100.00% $ 17,087,424 0.00% $ -
Drainage 1,655,010 100.00% 1,655,010 0.00%
Water 1,742,790 100.00% 1,742,790 0.00%
Wastewater 3,196,725 100.00% 3,196,725 0.00%
Soft Costs[-] 3,436,250 100.00% 3,436,250 0.00%
$27,118,199 $ $ 27,118,199 $
Improvement Area#1 Private Improvements
Community Amenities and Parks $ 8,460,000 $ 8,460,000 0.00% $ - 0.00% $
Private Landscape Development Costs 2,291,000 2,291,000 0.00% 0.00%
$ 10,751,000 $10,751,000 $ $
Bond Issuance Costs If7
Debt Service Reserve $ 1,774,602 $ 1,774,602 $
Capitalized Interest - -
Underwriter's Discount 715,680 715,680
Costs of Issuance 1,550,640 1,550,640
$ 4,040,922 $ 4,040,922 $
Other Costs
Deposit to Administrative Fund $ 40,000 $ 40,000 $
$ 40,000 $ 40,000 $ -
Total $45,112,621 $10,751,000 $ 31,943,908 $ 2,417,714
Footnotes:
[a]Total Costs per Preliminary Opinion of Probable Construction Costs Whitecap-North Padre Island,PID Direct Public Improvements dated
11/17/2023.
[b]Not reimbursable through Assessments.
[c]Initial Common to All Improvements are allocated to Improvement Area#1 and the Remainder Area pro rata based on acreage.Improvement
Area#1 is 55.9022 acres and the Remainder Area 181.4688 acres.Therefore,Improvement Area#1 is allocated 23.55%(=55.9022/(55.9022+
181.4688))of the Initial Common to all Improvements,and the Remainder Area is allocated the remaining 76.45%(=181.4688/(55.9022+
181.4688))of the Initial Common to All Improvements.
[d]Initial Common to All Improvement Soft Costs include contingency,and consultant fees.
[e]Improvement Area#1 Soft Costs includes$150,000 in District Formation Costs.
[f]Bond Issuance Costs and Other Costs associated with Improvement Area#1 are estimates only,to be determined at time of issuance of PID
Bonds to reimburse all or a portion of the Improvement Area#1 Reimbursement Obligation.
WHITECAP PUBLIC IMPROVEMENT DISTRCT NO.1 43
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT C—SERVICE PLAN
Improvement Area#1
Annual Installment Due 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029
Improvement Area#1 Reimbursement Obligation
Principal $ 290,000.00 $ 308,000.00 $ 327,000.00 $ 348,000.00 $ 369,000.00
Interest $ 1,483,843.20 $ 1,465,805.20 $ 1,446,647.60 $ 1,426,308.20 $ 1,404,662.60
(1) $ 1,773,843.20 $ 1,773,805.20 $ 1,773,647.60 $ 1,774,308.20 $ 1,773,662.60
Additional Interest[a] (2) $ - $ - $ - $ $
Annual Collection Costs (3) $ 40,000.00 $ 40,800.00 $ 41,616.00 $ 42,448.32 $ 43,297.29
Total Annual Installment (4)=(1)+(2)+(3) $ 1,813,843.20 $ 1,814,605.20 $ 1,815,263.60 $ 1,816,756.52 $ 1,816,959.89
Footnotes:
[a]Additional Interest will not be charged on the Improvement Area#1 Reimbursement Obligation.In the event PID Bonds secured by the
Improvement Area#1 Assessment are issued,the Service Plan and Improvement Area#1 Assessment Roll shall be updated to reflect the Additional
Interest collected for such PID Bonds.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN 44
EXHIBIT D-SOURCES AND USES OF FUNDS
Improvement Area#1 Reimbursement Obligation $ - $ 23,856,000 $ - $ 23,856,000
Developer Contributionlal - 7,343,121 - 9,760,835
Developer Contribution-Initial Common to All Improvements-IA#11`I - 744,786 - 744,786
Developer Contribution-Initial Common to All Improvements-Remainder Areal" - - 2,417,714 2,417,714
Developer Contribution-Private Improvementslal 10,751,000 - - 10,751,000
Total Sources $ 10,751,000 $ 31,943,908 $ 2,417,714 $ 45,112,621
Uses of Funds
Initial Common to All Improvements $ - $ 744,786 $ 2,417,714 $ 3,162,500
Improvement Area#1 Improvements - 27,118,199 - 27,118,199
Private Improvements 10,751,000 - - 10,751,000
$ 10,751,000 $ 27,862,985 $ 2,417,714 $ 41,031,699
Bond Issuance Costs'b'
Debt Service Reserve $ - $ 1,774,602 $ - $ 1,774,602
Capitalized Interest - - - -
Underwriter's Discount - 715,680 - 715,680
Costs of Issuance - 1,550,640 - 1,550,640
$ - $ 4,040,922 $ - $ 4,040,922
Other Costs Ibl
Deposit to Administrative Fund $ - $ 40,000 $ - $ 40,000
$ - $ 40,000 $ - $ 40,000
Total Uses $ 10,751,000 $ 31,943,908 $ 2,417,714 $ 45,112,621
Footnotes:
[a]Not reimbursable through Assessments.
[b]Bond Issuance Costs and Other Costs associated with Improvement Area#1 are estimates only,to be determined at time of issuance of PID Bonds to reimburse all or a portion of the Improvement Area#1
Reimbursement Obligation.
[c]Initial Common to All Improvements allocable to Improvement Area#1 are financed by the Owner Contribution-Initial Common to All Improvements-IA#1,and are not to be reimbursed from Assessments.
[d]Initial Common to All Improvements allocable to the Remainder Area are eligible to be reimbursed from future Assessments.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN 45
EXHIBIT E-MAXIMUM ASSESSMENT AND TAX RATE EQUIVALENT
Estimated Total Estimated Assessme Average Annual Installment
Lot Type Units[a] Buildout Value PID TRE VTL
per Unit[a] Buildout Value Total Per Unit Total Per Unit
Improvement Area#1
Lot Type 1 19 $ 850,000 $ 16,150,000 $ 1,491,693 $ 78,510 $ 114,312 $ 6,016 $ 0.7078 2.8086
Lot Type 2 47 1,020,000 47,940,000 4,427,972 94,212 339,325 7,220 0.7078 2.8086
Lot Type 3 9 1,150,000 10,350,000 955,976 106,220 73,259 8,140 0.7078 2.4995
Lot Type 4 93 1,380,000 128,340,000 11,854,108 127,464 908,407 9,768 0.7078 2.4995
Lot Type 5 15 1,500,000 22,500,000 2,078,210 138,547 159,258 10,617 0.7078 2.2411
Lot Type 6 9 1,800,000 16,200,000 1,496,311 166,257 114,666 12,741 0.7078 2.2411
Lot Type 7 7 2,400,000 16,800,000 1,551,730 221,676 118,913 16,988 0.7078 1.9244
Subtotal 199 $ 258,280,000 $ 23,856,000 $ 1,828,139 2.5001
Footnotes:
[a]Per information provided by Developer on 9/15/2023.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN 46
I EXHIBIT F-1 - IMPROVEMENT AREA #1 ASSESSMENT ROLL
Property I.
I-I Lot Type Acreage Allocation Outstanding Annual installment due
Assessment 1/31/202S"]
571270 Improvement Area#1 Initial Parcel 30.6800 30.47% $ 7,269,565.94 $ 552,726.89
571269 Improvement Area#1 Initial Parcel 70.0003 69.53% $ 16,586,434.06 $ 1,261,116.31
Totall`i 100.6803 100.00% $ 23,856,000.00 $ 1,813,843.20
Footnotes:
[a]The Assessment and Annual Installment have initially been allocated between all Property IDs within the Improvement Area#1 Initial Parcel pro
rata based on acreage as reported by Nueces Central Appraisal District.Future allocation of the Assessment will be done in accordance with Section VI
of this Service and Assessment Plan.
[b]Annual Installment covers the period September 30,2024 to October 1,2025,and is due January 31,2025.
[c]For a version of the Improvement Area#1 Assessment Roll broken out on a per Lot basis by legal description per plats submitted by the Owner,see
below.Note,Property ID numbers will be added when assigned by Nueces County.
DescriptionLegal
Property
60am Assessment 11/31/2025
TBD 1A 1 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 6 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 7 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 8 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 9 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 10 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 11 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 12 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 13 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 14 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 15 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 16 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 17 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 18 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 19 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 20 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 21 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 22 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1A 1 23 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1A 1 24 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1A 1 25 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 113 6 2 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 113 6 3 Lot Type 2 $ 94,212.17 $ 7,163.23
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 47
FINAL SERVICE AND ASSESSMENT PLAN
F--
Property Outstanding Total Annual Installment
Unit Block Lot Lot Type
1 Assessment 11/31/2025
TBD 1B 6 4 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 5 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 6 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 7 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 8 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 9 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 10 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 11 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 12 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 13 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 14 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 15 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 16 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 17 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 18 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 19 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 20 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 22 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 23 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 24 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 25 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 26 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 27 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 28 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 29 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 30 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 31 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 6 32 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 2 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 3 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 4 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 5 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 6 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 7 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 8 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 9 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 10 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 11 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 12 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 13 Lot Type 2 $ 94,212.17 $ 7,163.23
i
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 48
FINAL SERVICE AND ASSESSMENT PLAN
F--
Property Outstanding Total Annual Installment
Unit Block Lot Lot Type
1 Assessment 11/31/2025
TBD 1B 7 14 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 7 15 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1E 7 16 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1E 7 17 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 8 2 Lot Type 2 $ 94,212.17 $ 7,163.23
TBD 1B 8 3 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 4 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 5 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 7 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 8 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 9 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 10 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 13 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 14 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 15 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 16 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 18 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 19 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 20 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 8 21 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 9 3 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 9 4 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 9 5 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1B 9 6 Lot Type 1 $ 78,510.14 $ 5,969.36
TBD 1E 2 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 6 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 7 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 8 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 9 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 10 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 11 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 13 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 14 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 15 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 16 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 17 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 18 Lot Type 4 $ 127,463.53 $ 9,691.43
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 49
FINAL SERVICE AND ASSESSMENT PLAN
F--
Property Unit Block Lot Lot Type Outstanding Total Annual Installment
1 Assessment 11/31/2025
TBD 1E 2 19 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 2 20 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 6 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1E 3 7 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1E 3 8 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 9 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 11 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 12 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 13 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 14 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 15 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 16 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 17 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 18 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 19 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 3 20 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 10 1 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 10 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 10 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 1 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 6 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 7 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 8 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 9 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 10 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 11 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1E 11 12 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1E 11 13 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1E 11 14 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1E 11 15 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1E 11 16 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 17 Lot Type 4 $ 127,463.53 $ 9,691.43
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 50
FINAL SERVICE AND ASSESSMENT PLAN
F--
Property Unit Block Lot Lot Type Outstanding Total Annual Installment
1 Assessment 11/31/2025
TBD 1E 11 18 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 19 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 20 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 21 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 22 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 11 23 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 12 1 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 12 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 14 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 14 3 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 14 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 14 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 14 6 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 14 7 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1E 15 1 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 2 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 4 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 5 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 6 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 7 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 8 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 9 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 10 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 11 Lot Type 4 $ 127,463.53 $ 9,691.43
TBD 1D 15 12 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1D 15 13 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1D 15 14 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1D 15 15 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1D 15 16 Lot Type 6 $ 166,256.78 $ 12,641.00
TBD 1D 15 17 Lot Type 7 $ 221,675.70 $ 16,854.67
TBD 1D 15 18 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 19 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 20 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 21 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 22 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 23 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 24 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1D 15 25 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 2 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 3 Lot Type 5 $ 138,547.31 $ 10,534.17
i
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 51
FINAL SERVICE AND ASSESSMENT PLAN
Legal Description
Property Unit Block Lot Outstanding Total Annual Installment
• Lotw •
TBD 1C 16 4 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 5 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 6 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 7 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 8 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 9 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 10 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 11 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 12 Lot Type 5 $ 138,547.31 $ 10,534.17
TBD 1C 16 13 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 14 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 15 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 16 Lot Type 3 $ 106,219.61 $ 8,076.20
TBD 1C 16 17 Lot Type 3 $ 106,219.61 $ 81076.20
Total $ 23,856,000.00 $ 1,813,842.68
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 52
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT F-2 - IMPROVEMENT AREA #1 ANNUAL INSTALLMENTS
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 290,000 $ 1,483,843 $ 40,000 $ 1,813,843
2026 $ 308,000 $ 1,465,805 $ 40,800 $ 1,814,605
2027 $ 327,000 $ 1,446,648 $ 41,616 $ 1,815,264
2028 $ 348,000 $ 1,426,308 $ 42,448 $ 1,816,757
2029 $ 369,000 $ 1,404,663 $ 43,297 $ 1,816,960
2030 $ 392,000 $ 1,381,711 $ 44,163 $ 1,817,874
2031 $ 417,000 $ 1,357,328 $ 45,046 $ 1,819,375
2032 $ 443,000 $ 1,331,391 $ 45,947 $ 1,820,338
2033 $ 470,000 $ 1,303,836 $ 46,866 $ 1,820,703
2034 $ 500,000 $ 1,274,602 $ 47,804 $ 1,822,406
2035 $ 531,000 $ 1,243,502 $ 48,760 $ 1,823,262
2036 $ 564,000 $ 1,210,474 $ 49,735 $ 1,824,209
2037 $ 599,000 $ 1,175,393 $ 50,730 $ 1,825,123
2038 $ 636,000 $ 1,138,136 $ 51,744 $ 1,825,880
2039 $ 676,000 $ 1,098,576 $ 52,779 $ 1,827,356
2040 $ 718,000 $ 1,056,529 $ 53,835 $ 1,828,364
2041 $ 762,000 $ 1,011,870 $ 54,911 $ 1,828,781
2042 $ 810,000 $ 964,473 $ 56,010 $ 1,830,483
2043 $ 860,000 $ 914,091 $ 57,130 $ 1,831,221
2044 $ 914,000 $ 860,599 $ 58,272 $ 1,832,872
2045 $ 970,000 $ 803,748 $ 59,438 $ 1,833,186
2046 $ 1,031,000 $ 743,414 $ 60,627 $ 1,835,041
2047 $ 1,095,000 $ 679,286 $ 61,839 $ 1,836,125
2048 $ 1,163,000 $ 611,177 $ 63,076 $ 1,837,253
2049 $ 1,235,000 $ 538,839 $ 64,337 $ 1,838,176
2050 $ 1,312,000 $ 462,022 $ 65,624 $ 1,839,646
2051 $ 1,394,000 $ 380,415 $ 66,937 $ 1,841,352
2052 $ 1,480,000 $ 293,708 $ 68,275 $ 1,841,984
2053 $ 1,572,000 $ 201,652 $ 69,641 $ 1,843,293
2054 $ 1,670,000 $ 103,874 $ 71,034 $ 1,844,908
Total $ 23,856,000 $ 29,367,917 $ 1,622,723 $ 54,846,640
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 53
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT G-1 - MAPS OF INITIAL COMMON TO ALL IMPROVEMENTS
-HI -LE
ZAIr
LJA ENGINEERIN
ENGINIERINC FlRN F'.'.'..
II I
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_ RN H
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- { _e. _ _ NORTHPADRE C IAP ISLAND
INITIAL IMPROVEMENTS
-
COMMON TO ALL AREAS . .
F I I EXHIBIT H '
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 54
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT G-2 - MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS
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- -.�.hJEERIhIG FIRM F-1366
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PID DIRECT PUBLIC IMPROVEMENTS
EXHIBIT D
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 55
FINAL SERVICE AND ASSESSMENT PLAN
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PID DIRECT PUIBLIC IMPRCIYEMENI
EXHIBIT E
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 56
FINAL SERVICE AND ASSESSMENT PLAN
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EXHIBIT F
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 57
FINAL SERVICE AND ASSESSMENT PLAN
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WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1
FINAL SERVICE AND ASSESSMENT PLAN 58
EXHIBIT H — FORM OF NOTICE OF ASSESSMENT TERMINATION
P3Works, LLC
TKS 9284 Huntington Square, Suite 100
North Richland Hills, TX 76182
[Date]
Nueces County Clerk's Office
Honorable [County Clerk]
901 Leopard St 9201
Corpus Christi, TX 78401
Re: City of Corpus Christi Lien Release documents for filing
Dear Ms./Mr. [County Clerk]
Enclosed is a lien release that the City of Corpus Christi is requesting to be filed in your office.
Lien release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of
the filed documents to my attention:
City of Corpus Christi
Attn: City Secretary
1201 Leopard St
Corpus Christi, TX 78401
Please contact me if you have any questions or need additional information.
Sincerely,
[Signature]
P3Works, LLC
(817) 393-0353
Admin@P3-Works.com
www.P3-Works.com
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 59
FINAL SERVICE AND ASSESSMENT PLAN
AFTER RECORDING RETURN TO:
[City Secretary Name]
1201 Leopard St
Corpus Christi, TX 78401
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN
STATE OF TEXAS §
§ KNOWN ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES §
THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full
Release") is executed and delivered as of the Effective Date by the City of Corpus Christi, Texas, a
Texas home rule municipality (the"City").
RECITALS
WHEREAS, the governing body (hereinafter referred to as the "City Council") of the City is
authorized by Chapter 372, Texas Local Government Code, as amended(hereinafter referred to as the
"Act"),to create public improvement districts within the corporate limits of the City; and
WHEREAS, on May 17, 2022,the City Council of the City approved Resolution No. 032761
creating the Whitecap Public Improvement District No. 1 (the"District"); and
WHEREAS, the District consists of approximately 242.011 contiguous acres within the
corporate limits of the City; and
WHEREAS, on , the City Council, approved Ordinance No. ,
(hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and
assessment roll for the real property located with the District,the Assessment Ordinance being recorded
on , as Instrument No. in the official public records of Nueces County,
Texas; and
WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount]
(hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of the
Lien Amount(the "Lien") against the following property located within the District, to wit:
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 60
FINAL SERVICE AND ASSESSMENT PLAN
[legal description], an addition to the City of[City], [County], Texas, according to the
map or plat thereof recorded as Instrument No. in the Map Records of
Nueces County, Texas (the "Property");
and
WHEREAS,the Lien Amount has been paid in full.
RELEASE
NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City
hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to
the extent that is affects and encumbers the Property.
EXECUTED to be EFFECTIVE this the day of , 20 .
CITY OF CORPUS CHRISTI,TEXAS,
A Texas home rule municipality,
By:
[Manager Name], City Manager
ATTEST:
[Secretary Name], City Secretary
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on the day of ,20 ,by the City
Manager for the City of Corpus Christi, Texas, a Texas home rule municipality, on behalf of said
municipality.
Notary Public, State of Texas
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 61
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT I -ANNUAL INSTALLMENT SCHEDULE FOR THE IMPROVEMENT AREA#1
REIMBURSEMENT OBLIGATION
Installment Due Principal Interest[a] Total Installment
1/31
2025 $ 290,000 $ 1,483,843 $ 1,773,843
2026 $ 308,000 $ 1,465,805 $ 1,773,805
2027 $ 327,000 $ 1,446,648 $ 1,773,648
2028 $ 348,000 $ 1,426,308 $ 1,774,308
2029 $ 369,000 $ 1,404,663 $ 1,773,663
2030 $ 392,000 $ 1,381,711 $ 1,773,711
2031 $ 417,000 $ 1,357,328 $ 1,774,328
2032 $ 443,000 $ 1,331,391 $ 1,774,391
2033 $ 470,000 $ 1,303,836 $ 1,773,836
2034 $ 500,000 $ 1,274,602 $ 1,774,602
2035 $ 531,000 $ 1,243,502 $ 1,774,502
2036 $ 564,000 $ 1,210,474 $ 1,774,474
2037 $ 599,000 $ 1,175,393 $ 1,774,393
2038 $ 636,000 $ 1,138,136 $ 1,774,136
2039 $ 676,000 $ 1,098,576 $ 1,774,576
2040 $ 718,000 $ 1,056,529 $ 1,774,529
2041 $ 762,000 $ 1,011,870 $ 1,773,870
2042 $ 810,000 $ 964,473 $ 1,774,473
2043 $ 860,000 $ 914,091 $ 1,774,091
2044 $ 914,000 $ 860,599 $ 1,774,599
2045 $ 970,000 $ 803,748 $ 1,773,748
2046 $ 1,031,000 $ 743,414 $ 1,774,414
2047 $ 1,095,000 $ 679,286 $ 1,774,286
2048 $ 1,163,000 $ 611,177 $ 1,774,177
2049 $ 1,235,000 $ 538,839 $ 1,773,839
2050 $ 1,312,000 $ 462,022 $ 1,774,022
2051 $ 1,394,000 $ 380,415 $ 1,774,415
2052 $ 1,480,000 $ 293,708 $ 1,773,708
2053 $ 1,572,000 $ 201,652 $ 1,773,652
2054 $ 1,670,000 $ 103,874 $ 1,773,874
Total $ 23,856,000 $ 29,367,917 $ 53,223,917
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,
or other available offsets could increase or decrease the amounts shown.
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 62
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT J-1 - DISTRICT LEGAL DESCRIPTION I
LNV
Solutions Today with a
engineers i architects I contractors Vision for Tamarraw
30.68 ACRE TRACT
Field Notes Description
S 11014 I NC"I I I EE BOUNDARY OF A 30.68-ACRE TRACT OF LAND I[I.H I'.N DESCRIBED AS"TRACT 4",
COMI'R1SE D OF A PORTION OF LOT 27C OF THE PADRE ISLAND-CORPUS CHRISTI ISLAND FAIRWAY
ESTATES,HEREAFTER REFERRED TO AS P.I.C.CS.F.E,A NiAF OF VIECH IS RECORDED IN VOLUME
.7. P:'7GE 774. MALP RECORDS, NUECES COUNTY, TEXAS, A PORTION OF BLOCK 2r, OF I:HF
BLOCKS 24.33, A MAP OF WHICH IS RECORDED 1N 411; I':>.GE 154, MAP
P:I'(-ORI)5, Ilk,F:C1-:S COUNTY,TEXAS A PORTION OF TfIF,11.1.( .1 .:11)(.KS 43-44,A MAP OF
I 15 RFfC1OR1)11)TN I,(A_UME 42,PAG I'. I:), [tI-:('O1t175, P:.JOLN I V.'I-I:XAS,AND
1, I,110Nti O E3LC1CK.ti,:?4.15'ANO 36 OF THE k'.LC.C.I.f.If,i l O[:KS z.i,",.i\1)1n..A MAP OF WHICH
IS I'.I CORDI{1)IN V01-1-M".4[l,PAGE 183,MAI'RI,:('OR.i)S,NUT(:: CC:)I N I'Y. !'I?: .>.5.&II)III OCKS 26,
.. '5.47,44,A\1)%IIQ Ii I1N[)F 131 OC K 34 NO" V.aCA IH)Ati I'I`.Id I'I_''.1 RI;('f)!2-.)1.17[\:VUL[i.V1E57,
1',it.F:6.0z,N1 AP RI:('ORS)5.N';;F(!-ti CC[)[.'V I Y, I"F7(.AS,SAll)+Ii.6k AI;I-IRLAC•T I 3 I Ni1 MORE FULLY
11ti( REIS11)BY MICI I;S AND ROC ""'[A AS Tol I Ow'S;
EECINNINGI Al'A.5'K INCA IRON R[31)(Y 17.115,_595.64.X--L396.449.R'61 FT)l!N 17 ON`PIIF�SOU'I-H
RIGIIT-OF-WAY LIN]-.CF ESIRA.D,•1 IMP,I- (50' it.f).K'.i, SAMF HFPR(.I ON I'llE 50'._'MI[ [_ItiE OF A
CALLE•L)3.766-ACRE TRACT KNOW N AS A"RJ(;]]T-I it<1V,1,Y FASI•:+d131'IE OR'1-1[1,:hQUAR11.1S STREET
RE-ALIGNMENT" DESCRIBED IN A DGED'lO 1TII. C]1 V Of COLI"LS LAIRlt;1 AS RECORDED IN
DOCUMENT NO. 2011039226, OFFICIAL RECORDS, NLI:C'k•:S [:(]C;KR'i, TEXAS, FOR THE UPPER
NORTHWEST CORNER OF LOT 21,SAID BLOCK 34,FOR AN EX I FIUOR CORNER OF SAID LOT 27C,
AND FOR A CORNER HEREOF;
THENCE: S 02'1621"E,ALONG THE WEST LINE OF SAID LAT 21,BLOCK 34,A DISTANCE OF 47.77
FEET TO A 518 INCH IRON ROI}FOUND,FOR A CORNER HEREOF;
'IIIENCR; S 44°4916" E.A DISTANCE OF 280,79 FEET TO A 518 INCH IRON ROD FOUND FOR A
C0�,9 MON('OKNF..R OF LOTS 21 AND 22,SAID BLOCK 34,AND FOR A CORNER HEREOF;
THENCE: N 37'2 5'07' 1',ALONG THE CO!k4N10NIINLOFSAID 1.CIMS:!.; AND22,ADISTANCE OF293.16
FEET TO.A 7:5 INCH IRON ROD FOUND ON I1[1 SOI fIH RIGI11-ill-14'A.Y I.1NI•:CIF COMM ODO R.E'S
DRIVE{120:R.[Y l )Li YC'?.1'1'.])CN A NON-I'WGI-:N r C:I;itvl 10 i III::I.1`.I-1',�k'I 111,t RADIOS[)1'�62.11
FEET,A CHORD BEAMNi 01;S 67:fW-,T I`.ANI)A.(:I IORD I.FM i I I I OF 109_'6 F.F.1,FOR A CONNER
HEREOF;
THENCE: A I ON(I S A 11)C:R V 1:I"O'I III•I.I f I,AN ARC I.1`X{;1710F 109.43 F1;N 1'TO A 518 INCH IRON
ROD FOUND,FOR ACOM M,')N CORNER OF 1[)'1'S 1?AN1)3.3.SAID HLOCK 34,FORA COR NFR HFRFOF;
THENCE: S 29'44'12"W,ALONG THE(I ONION i ",f ()g ti;Stl)LATS 22 AND 23,A DISTANCE-OF 200.97
FEET TO A 518 rNCH IRON ROD FOUN1).F[YR a Q)R N I.R I I I:R 1;01?
THENCE: S 09"54'41"W,A DISTANCE OF??5.54 1;1;171 TOA POINT',FORA C'ORNE'R HEREOF;
THENCE: S 13°36'58"E,A DISTANCE OF 55.06 FEET TO A POINT,FOR A CORNER ITEREOF;
THENCE: S 05°18'06"E A DISTANCE OF 181.88 FUE:T TO A POINT LOCATED ON A CUKVI MINE
RIGHT,WITH A RADIUS OF 91.11 FEET,A CHORD BEARING OF S 05°22'28"W ANDA CHORD LENGTH
OF 33.76 FEET,FOR A CORNER I3EREOF;
THENCE: ALONG SAID CURVE TO THE.RIGHT,AN ARC LENGTH OF 33.95 FEET TO A POINT,FOR A.
CORNER HEREOF;
THENCE: S 19°49'40"W,A DISTANCE:OF 126.03 FEET TO A POINT LOCATED ON A CURVE TO THE
LEFT,WITH A RADIUS OF 133.47 FEET,A CHORD BEARING OF S 10'19'44"W AND A CHORD LENGTH
OF 98,40 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO TILE LEFI',AN ARC LENGTH OF 100.78 FEET,TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 10°15'25"E,A DISTANCE OF 115-67 FEET TO A POINT LOCATED ON A CURVE TO THE
LEFT,WITH A RADIUS OF 142.77 FEET,A CHORD BEARING OF S 24°43'36"E AND A CHORD LENGTH
OF 66.19 FFE I,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 56.80 FEET,TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 06°1608"E,A DISTANCE.OF 4,08 FEFT TO A POINT,FOR A CORNER HEREOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 63
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: S 38'10'10"E,A DISTANCE OF 46.88 FEET TO A POINT,FOR A CORNER ITFREOF;
THENCE: S 67"58'17"E,A DISTANCE OF 421 FEET TO A POINT,FOR A CORNFR HFRFOF;
THENCE: S41°14`16"E,A DISTANCE OF 74.54 FF.FFTO A POINTLOCA I ED ON A CURVE CU THE LEI I',
WITHARADIUS OF348.6IFEET,ACHOR]]13F:AKIN(1[ FS 52' ti'Iz�"L•ANDACMORDLENGTIIOFl12.41
FEET,FOR A CORNER HEREOF;
THENCE: AI.Oti(i SAID CURVE TO TIIE LEFT, AN ARC LENGTH OF 112.51 FF:F:I '10 A POINT
LOCATED O\A REVERSE CURVE TO THE RIGHT,WITH A R.ADlUS OF 35.56 FF.F i'.A CHORD BEARING
OF S 2753'47"E AND A CHORD LENGTH OF 48.08 FFF.T,FOR A UORNI:R HERLOI;
THENCE. CONTINUING ALONG SAID REVERSE:CIIRVF.'10 ME RIGHT,ANARC LENGTH OF 52.79
FEET TO A POINT,FDR A CORNER H F.RF OF;
THENCE: S 05155'22"W.A D1.15TANCY.OF 96.67 FEET TO A POINT LOCATED ON A CURVF TO THE
LEFT,WITH A RADIUS OF f;3S.8?I I 1,.A CHORD BE 1RLNG OF 5 031(}7'54"W AND A CHORD LENGTH
OF 76.16 FEET,FOR A CORN F R H I iREOF;
THENCE: ALONG SAID CURVE TO TIIE LEFT,AN ARC Ll-NGTH OF 76.21 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S OO']T08"E,A DISTANCE OF 77.05 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 00'18'00'L,A DISTANCE OF 84.81 FEET TO A POINT LOCATED ON A CURVE TO THE LEFT,
WITH A RADIUS OF 1638.83 FEET,A CHORD REARYNG OF S 07°33'45"E AND A CHORD LENGTH OF
112.26 FEET,FORA CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT, AN ARC LENGTH OF 112.28 FEET TO A POIT
LOCATED ON A RFV FRSE CURVE TO THE RIGHT WTFH A RADIUS OF 388.61 FEET.A CHORD BEAF INC
OF S 02'34'53'E AND A CHORD LENGTH OF 93.96 FEET,FOR A CORNER HEREOF;
THENCE! ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 94,29 FEET TO A
POI N 1.FORA CORNER HEREOF;
T111,:NCE: S 04°21'45"W,A DISTANCE OF 63.40 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 07'00W W,A DISTANCE OF 83.11 FEET TO A POINT,FOR A CORNER HEREOF;
THFNCE: S 08°21'00"W,A DISTANCE OF 169.70 FEET TO A POINT LOCATED ON A CURVE TO THE
LEY 1,W'FFH A RADIUS OF 86.27 FEET,A CHORD BEARING OF S 08°46'50"E AND A CHORD LENGTII OF
58.39 TLET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 59.57 FEET TO A POINT,FOR A
CORNER HF:RFOF;
TH KNCE: S 2813342"E,A DISTANCE OF 53.03 FEET TO A POINT,FOR THE SOUTHEAST CORNER
HEREOF;
THENCE: N 88°39'54"W,A DISTANCE OF 56.61 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 07'04'31"W,A DISTANCE OF 12.21 FEET TO A POINT,FOR THE SOUTHWEST CORNER
HEREOF;
THENCE: N 12'03'35"W,ADISTANCE OF 797.57 FEET TO A POINT,FOR A COMMON CORNER OF SAID
LOTS 27C AND 27D,AND FOR A CORNER HEREOF;
THENCE: N 75155'16"W,ALONG THE COMMON LINE OF SAID LOTS 27C AND 27D,A DISTANCE OF
532.65 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 04116'50"E,CONTINUING ALONG THE COMMON LINE OF SAID LOTS 27C AND 27D,A
DISTANCE.OF 200.23 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 29'26'35"W,CONTINUING ALONG THE COMMON i TNF,OF SAID LOTS 7?C;AND 17n,a
DISTANCE OF 1,206.29 FEET TO A POINT ON THE NORTH LINE OF SAID R.O.W.FASkNl E N"'I',FOR 111L
NORTH W i'`[ CORNER IIEREOF;
THENCE:: N68'44'S9"E.AL.Oti(il lF.NORH4LINEOFSAMR.(1.%k;-F:A4I:VIFNT,ADISTANCE-OF69?.30
FEET TO APOINT LOCA T1)ON A CURVE TO THE RIGE11',WITH A RADIUS OF 410.00 FEET,A CHORD
BEARING OF N 78'00'59"F.AND A CHORD LENGTH OF 132.04 FEET,FOR A CORNER HER F.OF;
THENCE: ALONG;SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 132.62 FEE F TO A POINT,FOR A
CORNER HEREOF;
21
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 64
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: N 87°16'57"E,A DISTANCE OF 152.58 FEET TO A POINT LOCATED ON A CURVE TO THE
LEFT,WITH A RADIUS OF 139.50 FEET,A CHORD BEARING OF N 71°21'24"E AND A CHORD LENGTH
OF 76.56 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE VD THE LEFT,AN ARC LENGTH OF 77.55 FEET TO A POINT LOCATED
ON A COMPOUND CURVE TO THE LEFT,WITH A RADIUS OF 20.52 FEET,A CHORD BEARING OF N
1259'47"E AND A CHORD LENGTH OF 27.39 FEET,FOR A CORNER HEREOF;
THENCE: CON€INUING ALONG SAID COMPOUND CURVE TO THE LEFT,AN ARC LENGTH OF 29.99
FEET'I 0 A 5 n INCH IRON ROD FOUND ON THE SOUTTI RIGHT-OF-WAY LINE:OF SAID COMMODORE'S
IIRIVF.LC7CATIEII ON A NON-TANGENT CURVE TO THF:LEFT,WITH A RADIUS OF 492.33 FEET.A
CHORD BEzUUNG OF S 36°01'52"E AND A CHOKD LLNGTII OF 109.12 FELT,FOR THF;NORTHEAST
CORNER HPRFOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 109.34 FE:E 1'I'O A 5'8 INCH IRON
ROD FOUND AT FHE INTERSECTION OF COMMODORE'S DRIVE AND ESTRADA DRIVE LOCATED ON
A NON-TANGENT CURVE TO THE LEFT,WITH A RADIUS OF 10.00 FEET.A CHORD BEARING OF N
84°42'48"W AND A CHORD LENGTH OF 13.58 FEET,FORA CORNER I•IEREOF-,
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 14.93 FEET TO A 518 INCH IRON
ROD FOUND LOCATED ON A REVERSE CURVE TO THE RIGHT,WITH A RADIUS OF 219.50 FEET,A
CHORD BEARING OF S 69°55'45"W AND A CHORD LENGTH OF 131.43 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 133.48 FFA T TO A 518
INCH IRON ROD FOUND.FOR A CORNER HEREOF;
THENCE: S 872127"W,CONTINUING ALONG T"H E SOUTH LINE OF SAID R.O.W.EASEMENT,SAME
BEING THE SOUTH LINE OF SAID ESTRADA DRIVE R.O.W.,A DISTANCE OF 153.91 FEETTO THF:POINT
OF BEGINNING,CONTAINING WITHIN THESE METES AND BOUNDS A 30.68-ACRE T'RAC I,SA4T AND
EXCEPT 0.38-ACRES WITHIN TILE PLATTED PUBLIC RIGHT-OF-WAY,WITH A NET ACREAGE OF 30.30
ACRES,MORE OR LESS;
NOTE: AN EXHIBIT REPRESENTING A GRAPHIC I-MACE OF THIS DESCRIPTION STYLED AS
"SHEET 4 OF 5-30.68-ACRE TRACT"ACCOMPANIES THIS DOCUMENT.THE BASIS OF BEARING
IS TEXAS STATE PLANE COORDINATE;SYSTEM NAD 83,SOUTH ZONE.
September 2.8,2018
Job,No. 170146 hP.:EotisrFq� �9
•cam:a � a'4tP
I.Rodarte 1.... ....................:...�
VIERA e;;: J '❑
-. ..fi17B"� Q
�s
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 65
FINAL SERVICE AND ASSESSMENT PLAN
Lmv
engineers nrc'titect, contractors Solutions Today with a
9 � Vision for Tprreprraw
74.39 ACRE TRACT
Field Notes Description
SHOWING THE BOTI TDARY OF A 74,39-ACRE TRACT OF LAND HERE N_ DFSCRIBFD AS"TRACT I",
COMPRISED OF APORTION OF THE PADRE ISLA-141)-C'OILI'CS CIIIUS'111SLAN D FAIR WAY LS'IAt'ES,
HEREAFTER REFERRED TO AS P.I.C.C.I.F.E.,LO'1 ti 27( ANI)?.71)•A N1AI'()F W IIICri IS KUCOIR1)1_D IN
VOLUME 67,PALL 779,MAY RECORDS,NIECES COUNTY.TEXAS.A.PORTION OF TME I'1C.C.1.I•.E,,
BLOCKS 24-33,A MAP OF IVIIIC14 IS RECORDED rN VOE.1 T1F 4(,PAGE 154.MAP RECORDS,NT7F.CFS
COUN I Y, I F%AS, ANT) A PORTION OF TI IF P.I.C.C:.I.F.I:., BLOCKS ',3 44, A NEAP OF WHICH IS
RLCORDE.D RNVOLUNIF.42,PAGE 10,N1AP RECORDS,NU1:CLS COUN I Y,CL:X.AS,SAID BLOCKS 26,43,
AND 44 ,°OCL'VACATED AS PER PLAT RECORDL•D 1N VOLLML h?,P GL 688,N1A1'1CLCO1U)S.N-UECES
COUNTY.'I-EXAS,SAID 7439-ACRE TRACT BEING MORE FULLY DESCRIRFD RY I IFTFS AND ROUND.S
AS FOLLOWS,
BEGINNING: AT A 518 INCH IRON ROD(Y= 17,71E 051 66,x=1,395,I99.05)FOUND ON THE EAST
RIGHT-OF-WAY LINE OF DASMARINAS DRIVE(60'R.U.W.E,FOR A CORNED OF SAID LOT 27D,FOR
THE SOUTHWEST CORNER OF SAID BLACK 33,AND FOR THE SOUTHWEST CORNER HEREOF;
THENCE: N 00°45'30"E,ALONG THF EAST RIGHT-CIF-WAY OF DASMARINAS DRIVE AT'322.94 FEE`[
PASS A Sig INCH IRON ROD FOUND,FOR THE.NORTHWEST CORNER OF SAID BLOCK 33,IN ALL A
DISTANCE OF 362.60 FEET TO A Sig INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF
BLOCK 32 OF SAID P.I.C.C,LF,E.,AND FOE,A CORNER HEREOF;
THENCE: N 81'19'28"E,ALONG THE SOUTH LINE OF SAID BLOCK 32,A DISTANCE OF 101.69 FEET
'10 A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF:
THENCE: S 89°05'55"E,CONTTNUI G ALONG THE SOUTH LINE OF SAID BLOCK 32,A DISTANCE OF
7431 FEET TO A 518 INCH IRON ROD FOUND,FOR A CORNER I=OF';
TTIENCF: S 74°13'03"E,A DISTANCE OF 74.31 FEET TO A 518 INCH IRON ROD FOUND LOCATED ON
A CURVE TO THE LEFT WITH A RADIUS OF 169.95 FLET,A CIIORD BEARING OF N 00°46104"E,AND A
CHORD LENGTH OF 328.39 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO TI-IE LEFT,AN ARC LENGTH OF 622.59 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE.: S 75°49'07"W,ALONG THE NORTH LINE OF SAID BLOCK 32,A DISTANCE OF 74.25 FEET
TO A S.'8 INCH IRON ROD FOUND,FOR A CORNER HEREOF;
THENCE: N 89°11'I0"W.A DISTANCE OF 73.86 FEET TO A 5i8 INCH IRON ROD FOUND,FOR A
CORNER HEREOF;
THENCE: N 79°52'11"W,CONTINUING ALONG 1'HE:NORTH LINE OF SAID BLOCK 32,A DISTANCE
OF IOL66 FEETTO A 518 INCA IRON ROD I'OUND ON THE EAST RIGHT-OF-1 7AY I.TNF OF DASMARINAS
DRIVE,FOR THE NORTHWEST CORNER Of:SAI D BLOCK 32,AND FOR A CORNER HI-AEOF;
THENCE: N 00°43'06"F,ALONG THE EAS•I RIGS I-OI;-WAY LINE OF SAID BLOCK 32,A DISTANCE OF
55.99 FEET TO A 518 INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNF R OF BLOCK 31 OF SAID
P.I.C.C.I.F.E.,AND FOR A CORNER HEREOF;
TIILYCE: N FI'3014"E,ALONG THE SOU114 LINE:OF SAID BLOCK 31,A DISTANCE OF 121.50 FEET
To A S8 INCH IRON ROD FOUND.FOR THE SOUTHEAST CORNER OF SAID BLOCK 31,AND FOR A
CORNER IIERFOF;
THF,NCE: N 00"56'05"I,ALONG THE EAST LENT OF SAID BLOCK 31,A DISTANCE OF 159.98 FEET TO
A 518 INCH IRON ROD FOUND LOCATED ON A CURVE TO TIM RIGHT V F1TH A RADIUS OF 1698.2D FEET,
A CHORD BEARING OF N l3°06'15"E,ARID A CHORD I.FNC,1 H OF 735.26 FELT,I'Olt A CORNER IIEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC"I.F.NG IH[T1 i,11 20 FEET TO A 5 8 INCH IRON
ROD FOUND T.00ATFD ON A C:()NTPOUND CURVE 1-0 THE RICII I W1TII A RADIUS OF 14'0.48 FFFT,A
CvHORD 13FARL'tG Ol N 33°46'58"E,AND A CHORD LENGTH OF 3,8.Of,I-KYJ-FR A CORNER HEREOF;
THFtNCE: CONITNL ING ALONG SAID COMPOUND CURVE TO THE R1GH1',AN ARC LENGTH OF
379.17 FEET TOA 5.;8 NCH IRON ROD FOUND,FOR A CORNER IIEREOF;
THENCE; N 40'34":7"F.,CONTINI II.N(341:.ON(; 11111 FAST LINE OF SAID BLOCK.31,A DISTANCE OF
57.241,1-.F:1 10 A 5 8 INCH IRON ROL)1,Ol.IND ON THE SOUTH R10HT-OF-W AY I.IN1:(K CROWN ROYAL
DRIVE(R.O.W.VARIES)OFTHE P,f,C.C.IY,E.,13WCK30,A MAP OF WHICH IS RECORDED IN VOLUME
ilc„t�
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 66
FINAL SERVICE AND ASSESSMENT PLAN
40,FA(;f7 181,MAP RFCORUS,NLLCES COI.NTY,TEXAS,FOR THE NORTHEAST CORNER OF SAID
BLOC L 31,AND FOR A CORNER HEREOF;
THENCE: S 52°52'51"F.,ALONG THE SOUTH RIGHT-OF-WAY LINE OF CROWN ROYAI.DRIVE.,A
I)TSTAN('F OF 293.20 FEET TO A 518 INCH IRON ROD FOUND,FOR'THF NORTH W ES I'CORNER OF LOT
1,I3LOCK 30,OF SAID P.I-C.C-ISLAND FAIRWAY ESTATFS,AND FORA CORNER IIEREOF;.
THENCE: S 37'05'42'W,ALONG THE WEST LINE OF SAID BLOCK 30,A DISTANCE OF 73.43 FEET TO
A 518 INCII IRON ROD FOUND,FOR A CORNER HEREOF;
THENCE: S 1513424"W,CONTINUING ALONG THE WEST LINE OF SAID BLOCK 30,A DISTANCE OF
649.08 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 30°05'45" E,A DISTANCE OF 400.73 FEET TO A 518 INCH [RON ROD FOUND,FOR A
CORNER HEREOF;
THENCE- N 8414644"E,A DISTANCE OF 135.17 FEET TO A 518 INCH IRON ROD FOUND,FOR A
CORNER HEREOF;
THENCE: N 53°1948" F,A DISTANCE OF 190.19 FEET TO A 518 INCH IRON ROD FOUND,FOR A
CORNFR HEREOF;
THENCE: NO3'59'08"F,ALONG 11.1L CAST L1NH OF SAID BLOCK 30,A DISTANCE OF 220.23 FEET TO
A 518 INCH IRON ROD FOL\ID.FOR A CORNER HEREOF;
THENCE: N,3!"'n9'14 F,CONTINUN(1 ALONG TIIE EAST LINE OF SAID BLOCK 30,A DISTANCE.OF
474,931:1I[il. 10n' INCH IRON ROD FOLND,FOR A CORNER HEREOF,
TIII,NCE, N 40°01'58"W,A DISTANCE OF 115.07 FEET TO A 518 INCH IRON ROD FOUND,FOR THE
NORTHWEST CORNER OF LOT 23,BLOCK 30,LOCATE])ON A NDN-TANGENT CURVE TO THE LEFT
WITH A RADIUS OF 104.611'EET,A CHORD SEARING OF N 31130'06'E,AND A CHORD LENGTH OF 61.36
FEET,FORA CORNER HFREOF:
THENCE: ALONG C.PIRVI'TO'll-IF T.FFT,AN ARC LENGTH OF 62.27 FEET TO A5/8 INCH IRON ROD
FOUND,FOR THE SOUTHW ES I COkNER OF LOT 24,BLOCK 30,AND FOR A CORNER HEREOF;
nf FNCE: S 74103'33"E,ALONG TH Ir SoU-1'H LINE OF SAID LOT 24,A DISTANCE OF 112.87 FEET TO A
I,*INCH IRON ROD FOUND,FOR;1 C:ORNLR HEREOF;
THENCE: N 3015045"E,CONTR,LUING A[.ONG THE EAST LINE OF SAID BLOCK 30,A DISTANCE OF
235.115 FEET TO A 518 INCA IRON ROI)FOUND,I OR A CORNER HEREOF;
TIIENCF.: N 23°48'25"W,A DISTANCE OF 259.46 FE1»'T TO A 518 INCH.IRON ROD FOUND,FOR A
CORNER
Tltt?NCE:: N 39'34'30" E,.A DISTANCE OF 224.73 FEET TO A 518 INCH IRON ROD FOL"ND,FOR A
CORNE,h HERL01;
THENCE: N 16154125"W,A DISTANCE OF 2.2.0.32 FEEL'TO A 518 INCH IRON ROD FOUND, FOR A
CORNER HEREOF;
THENCE: N 39°02'15"W,A DISTANCE OF 180.41 FEET TO A 518 INCH IRON ROD FOUND,FOR A
CORNER HEREOF;
I HENCE: N 87°28'42"W,A DISTANCE OF 120.19 FEET TO A 518 INCH IRON ROD FOUND,FOR A
C'ORNI:R IIEREOE
THENCE: S 51°27'50"W,ALONG THE W ES'1LINE OF SAID BLOCK 30,A DISTANCE OF 135.13 FEET TO
A 518 INCH IRON ROD FOUND,FOR A CORNER HEREOF;
THENCE:: S30'311'04"W.CONTINUING ALONG'IHE WEST LINE OF SAID BLOCK 30,A DISTANCE OF
27(}.1.5 1 LLT TO A 5i8 1NC.11 IRON ROD FOUND,FOR A CORNER HEREOF;.
THF CE:: S 24°0241"W,A DISTANCE OF 249.57 FEET TO A 518 INCH IRON ROD FOUND,FOR A
CORNT�R HEREOF;
TrIENCT.: S 36'57'46"W,A OISTANCF OF 16.0.17 1-EET TO A 518 IN(_lT IRON ROT)FOUND ON THE
NOR1 H R1GIIj-OF-WAY LINE OF CROWN ROYAL DRTVI:.FOR TIIF.SOI;THW'ES'1'CORNER OF LOT 45,
BLOCK,i0,AND FOR A CORNER HEREOF;
THENCEL: N 5_°73'1 I"W_ALONG THE NOR fIl RIGITT-OF-Ik AY I.INI-OF CROIL N ROYAL DRIVE A
DIST,'ACF.OF 229.48 FFF 1 10 A 5;8 INCA IRON ROD SL I',Ht R'FI-11;SCIUTUEAST CORNER OF LOT 8,
BL[lt'IC :7.9,OF SAID R.I.C.C.I.F.F'., LOCATED ON A NON [":tiNGE1tiT CLTRVF. 'FO-i HE LEFT WITH A
RA(71I.S OF 1718.IQ LEFT,A CHORD BEARING OF N'30^32'33"F,AND A CHOW-)1..FNGTH OF 300.88 FEET,
FOkACORNTR HEREOF:
xl..
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 67
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: ALONG SAID CURVE TO TI'-W 1.1.1;1,AN ARC I.ENGTI-I OF'01,26 FFF.T TO A 5 F INCH IRON
ROD I DUND LOCATED ON A COMPOUND CURVE-10 1 HE LEf 1 W1 11-I A 10IJILS OP 1C15G.40 FLET.A
CHORD 13FARINGOFN 144646"E,AND ACHORD LENGTH OF 385.3 FFFI',FOR A C f)RNF:R HEREOF;
THENCE: CONTINUING ALONG SAID COMPOUND CURVE TOTHE LLFI',AN ARC F.i.NGTH OF 8152
FFF:I 10A518INCH IRON ROD FOUND,FOR THENORTHEASTCORNER U1 L01'i,13LO(X29.Ati;)fOR
A CORNER HEREOF;
THENCE: N K6°MAV W.ALONG TIT NORTH LINE OF SAKI 1.0 1'1,BLOCK 29,A DISTANCE OF 119.90
FELT TO A 5;8 INCH[RON ROD FOUND ON TILL LAST RI[;1lf-OF-WAYLINE OF DASMARINAS DRIVE
LOCATFD ON A CURVE TO THE LEF1 WITII A RADIUS OF 940.79 FEEL',A CHORD BEARLNG OF N
[0'33'02'W,ANDA CHORD IYNG'14 OF 457.23 FEET,FOR A CORNERIIEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 461.85 FEET TO A 518 INCH IRON
To' ., 1141ND LOCATED ON A COMPOUND CURVE TO THE LEFT WITII A RAT)FI;S OF 61".98 FEET,A
,-HORD 13FARIN(.OF N 44145125"W,ANDA CHORD LENGTH OF 417.23 FEET,FOR A CORNER HEREOF;
TI l E.NCE: CONTINUING ALONG SAID COMPOUND CURVE TO THE LEFT,AN ARC LENGT"HOF 425.59
1 I FT TO A 518 iNC:H IRON ROD SET,FOR A CORNER HEREOF;
'I HENCE: N 64°29'59"W,ALONG THE NOR 1 II R(GHT-OF-WAY LINF OF DASMARINAS DRIVE, A
DISTAN(-F OF 53024 FEET TO A 518 INCH IRON ROD FOUND DOC A I F.J)[)N A CURVE TO THE RIGHT
W11-HA R!D1US OF 10.13 FEET,A CHORD BEARING()F N 19-22-IS-W.ANTI ACHORD LENGTH OF 1.4.26
FLET,FORA CORNER HEREOF;
"I'MENCL: ALONG C'URV I:1 O TTIE RiGHT.AN ARC.'LENGTH OF 15.82 FEET TO A 518 INCH IRON ROD
FOUND ON 1-131. [-ASF RIGITT-OF-WAY L1NI,OF AQUARIUS STRFFI (61;' RO.W),FOR A CORNER
HEREOF;
THENCE: N 6429'20"W,ACROSS SAID RIGI-IT•OF-AVAY A'I RIGHT;ANGLES,AT 60.00 FEET PASS A
5.8 INCII[RON RODFOUN)ON THF:WEST R16111-OF-WAY LINF 01:',All)AQUARIUS STRFFT,1N A1.1.
,-A DIS I'ANCT OF 70.00 YEL I'I O APOLNT ON TI-IF WF.''T UNL OF A(-'ALf.F:1).3.766-ACRL•TRACT KNOWN
A4 A 'R[(iH F-Or-WAY EASEMENT FOR IHL•AQUARIUS S IREL1 RF-.ALIGNMENU T)F[ RIRF.i?1ti A
DITI)TO THE CITY OF CORPUS CHRISTI AS 1t1 C'(JIt1J1:17 iN DOCUMENT NO.2[};1:'3!_=r:;Ull JC-LL
RECORDS,NL;ECFS COUNTY,TEXAS,SAID POINT .ALSO LOCATED Wl I H1N LO'I 8,f3l.:)C'K 0 Ql 7[IF
PADRE ISLAND - CORPUS CHRISTI COMNIODORE'S (X)VE UNIT TWO, A MAP Of c[il;.'F{ IS
RECORDED UNI VOLUME:3R,PAGE 36.NL%T R.ECOW)S.NFTCFS COUNTS',TFXAS,ATM. 'I'+:)K:A COICNLK
HEREOF;
111FNCE: N u5`? 5"`F,ACROSS SAID BLOCK 9 AND ALONG 171F.A',F.tiT LINE:OF SAIL)KIGIIT-OF-
%VAY FASYMEN 1,A DISTANCE OF 2.9.1.57 HEFT TO A POIN1'LOCAL Ell ON A CURVE TO T11F RIGHT
W(111 A RADIUS OF 410.00 FFFT,A CHOiLD BEARING OF N 470627"E,AND A CHORD LENGTH OF
302.42 FFF 1,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 309.73 FEET TO A POINT ON THE
NORTH LINE OF SAID R.O.W.EASEMENT,AND FOR A CORNER HEREOF;
TIIENCE; N 68°44'59"E,ALONG THE NORTH LINE OF SALT]R.O-W.EASEMENT,ADISTANCE OF 374.14
FFF1''10 A POINT,FOR A CORNER HEREOF;
TIIFNCF: S 29°2635"E,ACROSS SAID R.O.W.EASFMFNT AND ALONG THE UPPER WEST LINE OF
SAI U LUT 27C,A DISTANCE OF 1,206.29 FF.F7'10 A POINT,FOR A CORNER HEREOF;
`['HENCE: S 04116'50"W,ALONG THE COMMON LIN£OF SAID LOTS 27C AND 2711.A DISTANCE OF
200.23 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 75'55'16"F.,CONTINUING ALONG SAID COMMON LINE,A DISTANCE OF 532.65 FEET TO
A POINT.FORA('ORNEF,FLLREOF;
Tf I ENCE: S 12"03'35'E,A DIS 1 ANCE OF 797.57 FEET TO A POINT,FOR A CORNER HEREOF;
THF,NCE: SO,u4'31"W.A DISI ANCF OF 134.93 FEET TO A POINTLOCATED ON A CURVE TO THE
LEFT WITH A RADIUS OF 120.00 FLET,A CHORD HEARING OF S 12°10'01"E,AND A CHORD LENGTH
OF 79.06 FEET,FOR"A CORNER HERLOF;
T I E,NCE: AT ONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 80.56 FEET TOA POINT,FOR A
CORNFR HERE-01;
HI E"NCE: S 67'1-6'22'W,A Df�TANCE OF 55.80 FEET TO A POINT,FOR A CORNER HEREOF:
T'HENC'E: S 11°19'46"W.A I)1S"1 A"CE OF 504.43 FEET TO A POINT LOCATED ON A C'l.-RVIF 1'0 THE
LEF f WI I H A RADIUS OF S3 X75 FELT,A CHORD BEARING OF S 07°34'15"E,AND A CHORD LENGTH OF
43.11 FEET,FOR A CORNI R I i II REOF;
THENCE- ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 44,39 FEET TO A POiNT,FOR A
CORNER HEREOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 68
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: S 31'32'32"E,A DISTANCE OF 197.16 FEET TO A POINT,FOR A CORNER HFREOF;
THEINCE: S 49'18'42'W,A DISTANCE OF 193.33 FEET TO A POINT LOCATED ON A CURVE TIC)THE
LEFT WITII A RADIUS OF 300.00 FEET,A CHORD BEARING OF S 41°09'30"W,AND A CHORD LENGTH
OF 85.09 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 85.38 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 33°00'19"W,A DISTANCE OF 188.80 FFFT TOA POINT LOCATED ON A CURVE TO THE
RIGHT WITH A RADIUS OF 2.00.00 FEET,A CHORD BEARING OF S 401723"W,AND A CHORD LENGTH
OF 50.71 FEET,FOR A CORNER HEREOF;
THENCE: ALONG CURVE TO THE RIGHT,AN ARC L.ENG TH OF 50.85 FEET TO A POINT LOCATED ON
A REVERSE CURVE TO TIIE LEFT WITH A RADIUS OF 200.00 FEET,A CHORD BEARING OF S 34°4814"
W,AND A CHORD LENGTH OF 88.38 FEET,FOR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID REVERSE,CURVE TO THE LEFT,AN ARC LENGTH OF 89.12
FEET TO A POINT,FOR A CORNER IIEREOF;
THENCE: S 17'5532"E,A DISTANCE OF 128.44 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 15°08'15"W,A DISTANCE OF 311.97 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 55°4944"W,A DISTANCE OF 167,15 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 50123`30"W,A DISTANCE OF 253.12 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: 5 03°O5'34"E.A DISTANCE OF 97.65 FEET TO A POINT,FOR A CORNER HEREOF,
T14JENCE: S 70°33'08"W,A DISTANCE OF 284.94 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 15103144"W,A DISTANCE OF 70.95 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 72°43'31"W,A DISTANCE OF 158.15 FEET TO A POINT ON THE EASTERN SIDE OF BLOCK
33 OF SAID P.I.C.C. ISLAND FAIRWAY ESTATES, LOCATED ON A NON-TANGENT CURVE TO THE
RIGHT WITH A RADIUS OF 170.00 FEET,A CHORD BEARING OF S 65°4732"W,AND A CHORD LENGTH
OF 21 R.18 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 236.89 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: N 74°17'18"W,ALONG THE SOUTH LIVE OF SAID BLOCK 33,A DISTANCE OF 74.35 FEET
TO A POINT,FOR A CORNER HEREOF;
THEINCE: N 89`1619"W,A DJSI'ANCEOF 159.22 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 81°21'49"W,CONTINUING ALONG THF.SOUTH LINE OF SAID BLOCK 33,A DISTANCE OF
101.31 FEET TO THE POINT OF BEGINNING,CONTAINING NV I HIN TIIESE METES AND BOUNDS A
74.39-ACRE TRACT, SAVE AND EXCEPT 1.35-ACRES WHRIN THE PLATTED, UNOPENED PUBLIC
RIGHT-OF-WAYS,WITH A NET ACREAGE OF 73.04 ACRES,MORE OR LESS;
NOTE: AN EXHIBIT REPRESENTING A GRAPHIC IMAGE OF 'PHIS DESCRIPTION STYLED AS
"SHEET 3 OF S—74.39 ACRE TRACT"ACCOMPANIES THIS DOC U M ENT.THE BASIS OF BEARING
IS TEXAS STATE PLANE COORMNAT'L SYSTEM NAD 83,SOUTH ZONE.
September 28,2018 t _0F.,.E
Joh IVa. 170146 �P. �rsAEp Qfq�
I.Radarte '�-
m.vlFRA N!
v 68
17
cq �aKcss oOg + e
70,
76
4IFa;;c
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 fig
FINAL SERVICE AND ASSESSMENT PLAN
Lmv
Solutions Today with a
engineers i architects I contractors Vision for Runorrow
72.31 ACRE TRACT
Field Nates Description
SHOWING THE BOUNDARY OF A?Z..{I.ACRE TRACT OF LAND HERLIN DESCRIBED AS'TRACT 2"
COMPRISED OF A PORTION OF THE I':',PKE ISLAND-CORPUS CHRIS 1I ISLAND FAIRWAY ESTATES,
HEREAFTER REFERRED TO AS THE P 1,!,.<.T.F.F,,,LOTS 2?C ASN D_'?D,A MAP OF WHICH IS RECORDED
IN VOLUME 67,PAGE 779,MAP RECORDS,NUECES COUNTY,I I-XAS,A PORTION OF THE P.I.C,C.LF,E.,
BLOCKS 45&46,A MAP OI '.4"f 314"I I L�RECORDED IN VOLUML 4-1-PAGL 173,M Ul RECORDS,NUECES
COUNTY,TEXAS,A POR"l:t;R ul 1111_P.I.C.C.I.F,F,BLOCK 3..A N3.AI'OF WHICH 1S RECORDED IN
VOLUME 40,PAGE 145.MAP i:1(.'�1L VUECES COUNTY,TLXA5',AND P.I.C.C.i.F.F.,ALL OF BLOCKS
37,38,39,AND 40 A NIA?01 '.t HICH 1,1:FCORDED IN VOLUME 41,PAGE 128.MAP RECORDS,NUECES
COUNTY,TEXAS,SAM-.;: ACRE'IRA(-I i i EING MORE FULLY DESCRIBED BY METES:AND BOUNDS
AS FOLLOWS;
BEGINNING: AT A 518 INCH IRON ROD(Y'°x 17,109,842.53,X-1,396,658.56)FOUND ON THE NORTH
RIGIIT-7F-WAY LINE OF WHITECAP BOULEVARD (100' R.O.W.), FOR THE SOUTHEAST CORNER
HEREOF;
THENCE: N 89°1415"W,ALONG THE NORTH RIGHT-OF-WAY OF WIITTECAP HOUI.FWARD,AT 964.99
FEET PASS A 518 INCH IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF SAID'LOT 27D,THE
SOUTHEAST CORNER OF SALD BLOCK 37,IN ALL A DISTANCE.OF 1-5 16.00 FEET'1'0 A 5 8 INCH IRON
ROD,FOUND FOR THE LOWER SOUTHWEST CORNER OF SAID BLOCK 40,LOCATED ON A CURVE TO
THE RIGHT,WITH A RADIUS OF 9.98 FEET,A CHORD BEARING OF N 43°40'56"W AND A CHORD
LENGTH OF 14.17 FEET,FORA CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 15.76 FEET,TO A 58 INCH IRON
ROD FOUND,FOR A POINT ON THE FAST RIGHT-OF-WAY LINE OF DASMARINAS DRIVE(60'R.O.W.),
FOR A CORNER HEREOF;
THENCE: N (W48'13" E, ALONG THE EAST RIGHT-OF-WAY LINE OF DASMARTNAS DRIVE, A
DISTANCE OF 459.87 FEET,TO A"INCH IRON ROD FOUND ON A CURVE TO THE RIGHT,WITH A
RADIUS OF 2652.84 FEET,A CHORD BEARING OF N 04"48'03"E AND A CHORD LENGTH OF 370.55 FEET,
FOR A CORNER HEREOF;
THENCE: AT.ONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 370.85 FEET,TO A 518 INCH IRON
ROD FOUND ON A REVERSE CURVE'1'0 THE LEFT,WITH A RADIUS OF 2559.67 FEET,A CHORD
BEARING OF N 0448'55"E AND A CHORD LENGTH OF 341.30 FEET,I OR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 341.56 FEET,TO A
5,1 INCH IRON ROD FOUND,FOR THE NORTHWEST CORNER OF SAID BLOCK 37,FOR A CORNER
HEREOF;
THENCE: N 00°12'31"F,A DISTANCE OF 9.87 FEET.TO A 5!8 INCH IRON ROD FOUND,FOR THE
SOUTHWEST CORNER OF BLOCK 33 OF TTTF.P.i.t:.[:.].F'.L.,A N4AP OI; 1S RECORDED IN VOLUME
40,PAGE 154,MAP RECORDS,NUECES COUNTY,TEXAS,FOR TUE MOST WESTERLY NORTHWEST
CORNER HEREOF;
THENCE: N 81 2I'13"E ALONG; HIF SOUTH LINE OF SAID BLOCK 33,A DISTANCE OF 101.32 FEET
TO A POINT,FOR A CORNER IIE.RF.OF;
THENCE: S 99'16'19"E,A DISTANCE OF 159.22 DEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 74'17'18"2,A DISTANCE OF 7435 FEET TO APOTNTLOCATED ON ACURVE TO THE LEFT,
WITH A RADIUS OF 169.97 FEET,A CHORD BEARING OF N 65"47'32"E AND A CHORD LENGTH OF
218.18 FEET,FOR A CORNER HEREOF;
THENCE. ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 236.90 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 72'4331"E,A DI STN!:C L ��1 158.15 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 15°03'4.4"E,A DIS"[PNCE OF 70.95 FEET TO A POTN,FOR A CORNER HEREOF;
THENCE: N 70°33'08"E,A DISTANCE OF 284.94 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 03°05'34"W,A DISTANCE OF 97.65 FEk T TO A POINT,FOR A CORNER HEREOF;
THENCE: N 50°23'30"E,A DISTANCE OF 253.12 FEET TO A POINT,FOR A CORNER HEREOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 70
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: S 55'4944"E,A DISTANCE OF 167.15 FEET TO A POINT,FOR A CORNER H LRLOI';
THENCE: N 15°08'15"E,A DISTANCE OF 311,97 FEET TO A POINT LOCATFI)ON A C:UkVI 10 1 HE•
RIGHT,WITH A RADIUS OF 145-00 FEET,A CHORD BEARING OF N 575616"°56'16"F,AND A CHORD L.EN G FH
OF 188.52 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 205.23 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 81*30'53"E,A DISTANCE OF 207.33 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 2700'39"E,A DISTANCE OF 55.67 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 64°59'16"E,A DISTANCE OF 92.26 FEET TO A POINT LOCATED ON A NON-TANGENT
CURVE TO THE RIGHT,WITH A RADIUS OF 390,00 FEET,A CHORD BEARING OF N 25'53'11"E AND A
CHORD LENGTH OF 53-01 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 53.05 FEET TO A POE4T,FOR A
CORNER HEREOF;
THENCE;: N 29°47'00"E,A DISTANCE OF 362.I5 FEE;F TO A POINT,FOR A CORNER HEREOF;
'I'H ENCE: S 60°07'11"E,A DISTANCE OF 225.24 FEET TO A POINT ON THE NORTHWEST LINE OF SAID
BLOCK 46,FOR A CORNER HEREOF;
THENCE: S 29`52'06"W,ALONG THE NORTHWEST L1NF 01 tiAll)BLOCK 46,.A IDIS I ANCE OF 87.94
FEE"I, 10 A 3�8 INCH IRON ROU SEI,ICOR THE SOU 114WI.M CORNER OF L0 1 12,SAME BEING THE
NORTHWEST CORNER OF LOT 13,SAID BLOCK 46,AND FOR A C ORNFR HLRLOI';
TTl F,NC F:: S 60'15'3fI"F..n I.C1NG TIIE COhIMON i.I h F:C?F LOTS 1:RND]3,:1]]fSTANCF OF 780.10 FEE`C,
'1-0 A 5.;R INCIL IRON1 ROD SET ON THE NOR I HWEST RIGHT-OF-WAY LINT OF NEMO COURT(R.O.W.
4'ARIES),I,(.)R:A CORNLRIIERFOF;
THENCE: S 29°45'01" W, ALONG THE NORTHWEST TU( IIT-(.)I:-WAr LINE OF NF'MO COURT, A
DISTANCE OF 695.89 FEET TO A 518 INCH IRON ROD FOUND,[:OR THE SOU FHEAS l CORNER OF LOT
26,FOR A CORNER HEREOF;
THENCE: S 76°11'24" W, A DISTANCE OF 27.65 FEET TO A 518 INCH IRON ROIL FOUND,FOR A
CORNER HEREOF;
THENCE: S 29°41'04'"W,A DISTANCE OF 100.29 FEET TO A 518 INCH IRON ROD FOUND,FOR THE
SOUTHEAST CORNER OF LOT 28,BLOCK 46,FOR A CORNER IiEREOF;
THENCE: S 59°5916"E,CONTINUING A1.OItiG THE RIGHT-OF-WAY OF NEMO COURF,A DISTANCE
OF 109.90 FEET TO A 518 INCH IRON ROD FOUND,FOR AN INTERIOR CORNF;R OF SAID LOT 15,BLOCK
45,FOR A CORNER IIEREOF;
THENCE: N 29'39'51" E. ALONG THE SOUTHEAST RIGHT-OF-WAY LINE OF NEMO COURT, A
DISTANCE OF 45.99 F'F.I=I"I'O A 5:8 INCH IRON ROD FOUND,FOR THE UPPER NORTHWEST CORNER
OF SAID LOT 15, l'FiL SOUTHWEST(:ORNER OF LOT I6,FORA CORNER HEREOF;
THENCE: S 60°12'57"E,ALONG T1 i F.COMMON LINT OF LOTS I5 AND 16,A DISTANC:N OF 120.20 FEET
TOA 518 INCH IRON ROD FOUN D,I URA CORNER I I FRFOF;
THENCE. '332-44'41`E.CON I I N U I NG ALONG THE COP€MON LL\F OF LOTS 15 AND 16,A DISTANCE
OF 165.63 FEET`TO A Sib INCH IRON ROD FOUND,FOR A CORNER HEREOF;
THENCE: S 00'41'247W,A DISTANCE OF 70.34 FEET TO A 518 INCH IRON ROD FOUND ON THE NORTH
RIGHT-OF-WAY LINE OF A NAVIGATION CHANNEL(R.O.W.VARIES),FOR A CORNER HEREOF;
THENCE.: N 89°17'24" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID NAVIGATION
CHANNEL,A DISTANCE OF 437.46 FFF,T TO A POINT,FOR A CORNER HEREOF,-
THENCE'
EREOF;THENCE:' S01'1 I'M"W.A DISTANCE OF 44.63 FEET TO A DRILL HOLF'IN CONCRETE FOUND,FOR A
CORNLR r F S I : 1. )1 I.BT..00K 3,LOCATED ON A NON-TAN[ I'-NIT C11R4'l: 10 TIIE LEFT,WITH A
RADIUS 0} 179.52 FLLT,A CHORD IiE RING OF S 59°36'20"W ANDA CHORD LENGTH OF 159.13 FEET,
`ul,,1 C:ORNERHEREOF;
I ITE NCE: ALONG SAID CURVE TO THE LEFT, THE NORTH RIGHT-OF-WAY LINE; OF SAID
NAV',C-:ITlQN' CHANNEL, AN ARC LENGTH OF 164.86 FEET TO A POINT. BEING THE MOST
SOL I III LtCL'1'SOUTHEAST CORNER OF SAID LOT 4,BLOCK 3,FOR A CORN FR HEREOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 71
FINAL SERVICE AND ASSESSMENT PLAN
THPNCE, N 66°26'56"W,ALON(; 1 HL MOST SOUT14ERLY SOUTH LINE OF SAID TOT 4,BLOCK 3,A
DISTANCE OF 333.35 F1-I:1,f0 A 5 8 Iti CII IRON ROD FOUND,FOR THE SOUTHWEST CORNER OF SAID
LOT 4,BLOCK 3,ON THE EAST 1 JNF-OF `i.AID LOT 27D,LOCATED ON A NON-TANGENT CURVE TO
THE LEFT,WITH A RADIUS Of 001.61 FEET,A CHORD BEARING OF S 15°04'01"W AND A CHORD
LENGTH OF 291.34 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THE LEFT,AN ARC LENGTH OF 294.26 FEET,TO A 518 INCH IRON
ROD FOUND,FOR A CORNER HEREOF;
THENCE: S 00'45'14"W,A DISTAVCF OF 590.13 FEET,TO THE POLNT OF BEGINNING,CONTAINING
WITHIN THESE METES AND BOUNDS A 72.31 ACRY"T I M.'I ti 1:'I:AND EXCEPT 2.87-ACRES WITHIN
THE PLATTED,UNOPENED PUBLIC RIGHT-OF�� 0:,�..'k'I 17[ ET ACREAGE OF 69.44 ACKI S,MORL
OR LESS;
NOTE: AN EXHIBIT REPRESENTING A GRAPHIC INIAGL OF THIS DESCRIPTION STYLED AS
"SHEET 2 OF 5--72.31 ACM,''I RACT"ACCOMPANIES THIS DOCUMENT.THE BASIS OF BEARING
IS TEXAS STATE PLAN COORDINATE SYSTEM NAD&3,SOUTH ZONE.
September 28,2nl8 p •f;�sTeo"-
Joh No. 170146 e� --ap
td. VIERA
6178
�((fjf�
I
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 72
FINAL SERVICE AND ASSESSMENT PLAN
LNV
So;otions Today wit 1i a
engineers I architects i contractors Vision for Tomorrow
28,63 ACRE TRACT
Field Notes Description
SHOWING THE BOUNDARY OF A 28.63-ACRE TRACT OF LAND HEREIN DESCRIBED AS"TRACT I"
OUT OF A PORTION OF LOT 27C OF THE PADRE ISLAND - CORPUS CHRISTI ISLAND FAIRWAY
ESTATES, HEREAFTER REFFRRFD TO AS THE P.I.C.C.I.F.E„A MAP OF WHICH IS RECORDFD IN
VOLUME 67,PAGE 779,MAP RECORDS,NUECES COUNTY,TEXAS,SAID 28.63-ACRE TRACT BEING
MORE FULLY DESCRH3ED BY-METES AND BOUNDS AS FOLLOWS;
BEGHVNIING: AT A 5M INCH IRON ROD(Y=17,115,342.99,X=1,397,090.68)FOUND ON AN INTERIOR
LINE OF SAID LOT 27C,FOR AN INTERIOR CORNER HEREOF;
THENCE: N 00°49'34"E,A DISTANCE OF 141.97 Ft EI TO A 518 INCH IRON ROD FOUND ON THE SOUTH
RIGHT-OF-WAY LINE OF COMMODORE'S DRIVE(120'R.O.W.),SAID IRON ROD LOCATED ON ANON-
TANGENT CURVE TO THE LEFT,WITH A RADIUS OF 493.90 FEET,A CHORD BEARING OF S 86°16'00"E
AND A CHORD I,FNGTH OF 56.52 FEET,FOR AN EXTERIOR CORNER HFRFOF;
THENCE.: ALONG SAID CURVE TO THE LEFT,AN ARC LFNGTH OF 56.55 FEET TO A 5 8 INCH IRON
ROD FOUND,FOR A CORNER ITEREOF;
THENCE: S 89°15'39" E, CONTINUING ALONG THE SOUTH RIGHT-OF-WAY OF COMMODORE'S
DRI'v E.A DISTANCE OF 310.86 FEET TO A 518 INCA IRON ROD SET,FOR A CORNER HEREOF;
THENCE. S 89°15'33"E,A DISTANCE OF 196.76 FEET TO A POINT,SAID POINT LOCATED ON A CURVE
TO THE RIGHT,WITH A RADIUS OF 10.00 FEET,A CHORD BEARING OF S 44'16'50"E AND A CHORD
LENGTH OF 14.14 FEET,FOR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID CURVE TO TIIE RIGHT,AN ARC LENGTH OF 15.71 FEET TO A
5.8 INCH IRON ROD SET ON THE WEST RIGHT-OF-WAY LINE OF COMPASS STREET(60'R.O.W.),FOR
A CORNER HEREOF;
THENCE: S 00°4249"W,ALONG THE WEST RIGHT-OF-WAY OF COMPASS STREET,A DISTANCE OF
99.93 FEET TO A 518 INCH IRON ROD SET,SAID IRON ROD LOCATED ON A CURVE TO THE LEFT,WITH
A RADIUS OF 553.81 FEET,A CHORD BEARING OF S 04°55'45"E AND A CHORD LENGTH OF 104.90 FEET,
FOR A CORNER HEREOF;
THENCE:: ALONG SAID CARVE TO THE LEFT,AN ARC LENGTH OF 105.05 FEET TO A 518 INCH IRON
ROD SET,FOR A CORNER HEREOF;
THENCE: S 10'W06" E,A DISTANCE OF 110.22 FEET TO A 518 INCH IRON ROD SET, FOR THE
NORTHEAST CORNER OF LOT 11,BLOCK 41 OF THE P.I.C.C.1.F.E.,A MAP OF WHICH IS RECORDED IN
VOLUME 42,PAGE 17,MAP RECORDS,NUECES COUNTY,TEXAS,FOR A CORNER HEREOF;
THENCE: 5 79`309"W,ALONG THE COMMON LINE OF LOTS 11 AND 12,A DISTANCE:OF 155.16
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 80°04116"W,A DISTANCE OF 54.93 FEET TO A POINT,FOR THE NORTHWEST CORNER OF
SAID DOT 11.FOR A CORNER HEREOF;
THENCE.- S 09°55'44"E,ALONG THE WEST LINE OF SAID LOT I1,A DISTANCE OF 119.53 FEET,TO A
POINT FOR THE SOUTHWEST CORNER OF SAID LOT 11,FOR A CORNER HEREOF;
THENCE; N 79'3T29"]E,ALONG THE COMMON LINE OF LOTS 10 AND 11,A DISTANCE OF 210.45 FEET
TO A 5;9 INCH IRON ROD FOUND ON THE WEST RIGHT-OF-WAY OF COMPASS STREET,FOR A
CORNER HEREOF;
THENCE: S 09"59'42"I',ALONG THE WEST RIGHT-OF-WAY OF COMPASS STREET,A DISTANCE OF
133.72 FEET TO A 5.!8 INCH IRON ROD SFT ON A CURVE TO THE RIGHT,WITH A RADIUS OF 463.32
FEET,A CHORD BEARING OF S 04°41122"E AND A CHORD LENGTH OF 93.23 FEET,FOR A CORNER
HEREOF;
THENCE: ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 93.38 FEET TOA 518 ITCH IRON
ROD FOUND,FOR A CORNER HEREOF;
THENCE: S 00'54'41"W,CONTINUING ALONG THE WESTRIGHT-OF-WAY OF COMPASS STREET,A
DISTANCE OF 135.04 FEET TO A SIS INCH IRON ROD FOUND,FOR THE SOUTHEAST CORNER OF LOT
8,BLOCK 41,FOR A CORNER HEREOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 73
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: N89'09'11"W,ALCINLI IRE CONS-ION LINE OF LOTS 7 AND S,A 17ISTANCF OF I`&SG FFF.T
TO A 518 INCH IRON ROD FOUND,FOR THE SOL'THWFS]'C'ORNHR OF SAIL)LO1 8.F•OR A COILNER
HEREOF;
THENCE: N 10°25'28"W,ACROSS LOTS 8 AND 9,A DISTANCE OF 168.01 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 79°53'54"W,CONTINUING ACROSS LOT 9,A DISTANCE OF 133.13 FEET,TO A POINT
LOCATED ON A C tlRVF TO THE RIGHT WITH A RADIUS OF 78.00 FEE ,A CHORD BEARING OF N
87°22'58"W,AND A CHORD LENGTH OF 34.36 FEET,FOR A CORNER HEREOF;
THENCE: ALONG CURVE TO THE RIGHT,AN ARC LENGTH OF 34.64 FELT TO A POINT,FOR A
CORNER HFRF.OF;
THENCE: N 74139137'W,A DISTANCE OF 17.85 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 15°20'23"W,A DISTANCE OF 56.53 FEET TO A POINT,FOR A CORNER H EREOF;
THENCE: S 09109'05"H,A DISTANCE OF 319.29 FEET TO A POINT,FOR A CORNER H F R1.0 F:
THENCE: S 32°38'10"W,A DISTANCE OF 161.42 FEET TO A POINT ON A VON=1'ANWIN I CURVE TO
THE RIGHT WITH A RADIUS OF 199.85 FEET,A CHORD BEARING OF S 23`11'33"E,AND A CHORD
LENGTH OF 177.73 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO THF. RKMT, AN ARC LENGTH OF 184.18 FEET TO A POINT
LOCATED ON A REVF,RSF Ci:RV E 10'111E LEFT WITH A RADIUS OF 354.88 FEET,A CHORD BEARING
OF S 06°16'17"E:,Atill A CHORD LENGTH OF 141.95 FEET,FOR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID RFVLRSE CURVE TO THE LEFT,AN ARC LENGTH OF 142.91
FEET TO A POINT LOCATFF7 ON A RL VERSE CUR VF TO THF RIGHT WITH ARADIUS OF 75.93 FEET,A
CHORD BEARING OF S 01°24'10"W,AND A C H0KD LENGTH OF 39.88 FEET,FOR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID REVERSE CARVE TO THE RIGH"!",AN ARC LENGTH OF 40.35
FF.H F TO A POINT LOCATED ON A REVERSE C.I IR V E TO INE LEFT WITH A RADIUS OF 252.95 FEET,A
CHORD BEARING OF S 12°38'17"W,AND A C'11ORD LENGTH OF 35.18 FEET,FOR A CORNER HEREOF;
THF,NCE: CONTINUING ALONG SAID REVERSE CURVE TO THE LEFT,AN ARC LENGTH OF 35.21
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 01116'54"E,A DISTANCE OF 91.(,1 FF-Fr TO A POINT LOCATED ON A CURVE TO THE
KIG I FT WITH A RADIUS OF 126.17 FEET,A CHORD BEARING OF S 20'1609"W,AND A CHORD LENGTH
Ol 17.7 i FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAM CURVE TO THE RIGHT, AN ARC LENGTH OF 48.00 FEET TO A POINT
LOCATED ON A REVERSE CURVE TO THE LEFT WITH A RADIUS OF 54.40 FEET,A CHORD BEARING
OF S 17°1030"W,AND A CHORD LENGTH OF 29.00 FEET,FOR A CORNER HEREOF;
THENCE: CONTINUING ALONG SAID REVERSE CURVE TO THE LEFT,AN ARC LENGTH OF 29.36
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 05117'34"W,A[DISTANCE OF 75.84 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 09100'03"W,A DISTANCE OF 160.18 FEET TO A POINT LOCATED ON A CURVE TX)THE
LEFT WITH A RADIUS OF 224.76 FF:FT,A CHORD BEARING OF S 02°55'53"E,AND A CHORD LENGTH
OF 64.38 FEET,FOR A CORNER HI:RLOF;
THENCE: ALO`IG SAID C URVF 10 111E 1,F.FT.AN ARCIJNC;III OF 64.60 FE'ETTO A POINF LOCATED
ON A REVERSE CURVE TO ME R[CillI W111I A RADIUS OF 16049 FEL I,A CHORD BLAIUNU OF S
03`59'21"W,AND A CHORD LENGTH OF 93.18 FE I-J,FORA CORNER HEREOF:
THENCE: CONTINUING:ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 94.54
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: S 2W52"49"W,A DISTANCE OF 43.58 FEET TO A POINT LOCATED ON A CURVE TO THE
LEFT WITH A RADIUS OF 36.52 FEET,A CHORD BEARING OF S 17°51'57"E,AND A CHORD LENGTH OF
37.27 FEET,FOR A CORNER HEREOF;
THENCE: ALONG SAID CURVE TO TEE LEFT,AN ARC LENGTH OF 39.11 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: S 41°09'40"E,A DISTANCE OF 96.97 FEET TO A POINT,FOR A CORN F R HEREOF;
THENCE., S 41120106"W,A DISTANCE OF 50.38 FEET TO APOINT,FOR A CORVEK F IF:REOF;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 74
FINAL SERVICE AND ASSESSMENT PLAN
THENCE:: N 88"46'57•'W,A DISTANCE OF 291,63 FFFI 10.A I'O1N 1 LOCATFT)ON A CIIRVF:'1'O THC
RIGH'1 WITH A RADIUS OF 70.00 FEET,A C:110RD BEARING OF N51-361 I"W,AND A CIIORD LENGTH
OF 84,60 FEET,FOR A CORNER HEREOF;
THENCE: ALONO SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 90.84 FF.FI-TO A POINT,FOR A
(,-ORNFR FIERLO
THENCE. N 88'39'54"W,A DISTANCE OF 31.59 FEET TO A POINT,FOR A COR F-R HEREOF;
THI: C:r. N 28"3342"W,A DISTANCE OP 53-03 FEET TO A POINT LOCATED ON A CURVE TO TIIE
R 161111 Li'l 111 A RADIUS OF 86.27 FEET,A CHORD BEARING OF N 0814650"W,AND A CHOR1)I.FNCTI'H
01.58-39 FEET,FOR A CORNER HEREOF;
THENCE., ALONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 59,57 FEET TO A POINT,FOR A
CORNER HL-REOF:
THENCE: N 68=21'00"E,A DISTANCE OF 169,70 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE; N 07006'04"E,A DISTANCE.OF 83,11 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N04°21'45"E,ADTSTANCEOF63.40FEETTOAPOINTLOCATED ON ACCURVE IOTHELEFT
W11H A RADIUS OF 3K861 FEET,A CHORD BEARING OF N 02°34'53"W.AND A CHORD LENGTH OF
93.97 FIT 1,FOR A CORNI.[R ilk.UOF;
THE'N'CK: ALONG SAID(-,UR),T 10 1IlL I FFT,AN ARC LLNU_TIIOF 94.20 FEET TO APOINT LOCATED
ON A REVERSE CURVE 1YI TH E RICiIII WITII A RAP,II;ti()l 1638.83 FE FT,A CHORD BEARING OF N
(IV33'45"W,AND A CHORD LCNGTII OF 112.26 FI=:1 1.I URA(.'V RM R l fl--RA-.01,
THENCE: CONTINUING ALONG SAID RFVFRSE CURVE TO THE R161 1,:;N ARC LENGTH OF 112.28
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE- N 00°18'00"W,A DISTANCE OF 84.8 1 FEET TO A POINT,FOR A CORNER HEREOF;
I JILN 'E: N 00°17'08"W,A DFS'1 ANCF OF 77.(15 FI'.lil 'IO A POINT LOCATED ON A CURVE TO THE
RIGHT WITH A RADIUS OF 638.87 1 LE],A CHORD REARING OF N 03'07'54"E,AND A CHORD LENGTH
OF 76.16 FEET,FOR A CORNER IIEREOF;
THENCE: ALONG SAID CURVE TO THE RIGITT,AN ARC LENGTH OF 76.21 FEET TO A PORYI,FOR A
CORNER HEREOF;
THENCE. N05°55'22"E,ADISTANCE OF%67 FEET TO A POINT LOCATED ONA CURVE TO THE LEFT
WITH A FL1DII:S OF 35-56 FEET,A CHORD HEARING OF N 27°53'47"W,AND A CHORD LENG'T'H OF 48.08
FLLT,FOR A CORNER HEREOF;
THENCE- ALONG SAID CURVE.TO THE I FFT,AN ARC LENGTH OF 52.79 FEET TO A POINT LOCATED
ON A RF,VERSE CURVE TO THE RI(aHl N'ITII A RADIUS OF 348.61 FEET,A CHORD HEARING OF N
52'26'15"W,ANT)A(TIOFRD LLNGTH 01=112.41 I1 ET,FORA CORNER HEREOF;
THENCE: CON I INUING ALONG SAID REVERSE CURVE TO THE RIGHT,AN ARC LENGTH OF 112.91
FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 41°14'16"W,A DISTANCE OF 78.54 FEET TO A POINT,FCR A CORNER'_IEREOF;
THENCE: N 67°58'17"W,A DISTANCE.OF 4.21 FEET TO A POINT,FO•: +{. 1'iI"J ta:I 1 E kEOF;
THENCE.: N 3k 1Yl0"W,AD:�I'ANCE OF 46.89 FEET TO A POINT,FOR ACORtit::;'.IFIREOF;
THENCE: N 0!`Fi'`" R••.', :)rti ". CE OF 4.08 FEET TOA POINT i OCgTFT7 W, :\('ITR-Vt:'1'1 ME
RIGHT WITH A RADII..�01 42-7-71]TF1,ACHORDBEARING OF N 24"4136"W,AND A CI 0IW U-NO I'H
OF 66-19 FEET,FOR.A('(WNER HLILLOF;
THENCE: ALONG SAID('L,6C V l:1'0 'TIF RIGH 1.AN ARC LENGTH OF 66.80 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE: N 10°15'25"1V,A DISTANCE OF 11567 FEET TO A PO IN 1'LOCATED ON A CURVE TO THE
RICH C WITH A RADIUS OF 133-47 FEET,A CHORD SEARING OF N 10'[9'44"E,AND A CHORD LENGTH
OF 98.40 FEET,FOR A CORNER HFRF,OF;
TITF.NCF: A]-ONG SAID CURVE TO THE RIGHT,AN ARC LENGTH OF 100.78 FEET TO A POINT,FOR A
CORN L R H ER EOF:
THENCE: N 19'49'40"F,A DISTANCE:OC 126.03 FEET TO A POINT LOCATED ON A CURVE TO THE
LEFT WITH A RADIUS OF 91.11 FEET,A CHORD BEARING OF N 05°22`28"E,AND A CHORD LENGTH OF
33.76 FEET,FOR A CORNER HEREOF;
3
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 75
FINAL SERVICE AND ASSESSMENT PLAN
THENCE: ALONG SAID CURVE TO'1'HL LLrT,AN ARC LENGTH OF 33.95 FEET TO A POINT,FOR A
CORNER HEREOF;
THENCE, N 05°18'06"W,A DISTANCE OF 181.88 FEET TO A POINT,FOR A CORNER HERSOF;
THENCE: N 13136'58"W,A DISTANCE OF 55.46 FEET TO A POINT,FOR A CORNER HEREOF;
THENCE: N 0915441"E,A DISTANCE OF 275.84 FEET TO A 518 INCH IRON ROD FOUND,FOR AN
rNTERIOR CORNER OF SAID LOT 27C,AND FOR A CORNER HEREOF;
nlENCE: S 89°10'01" E, CONTINUING ALONG T111= I.OWER NORTH LINE OF SAID LOT 27C, A
DISTANCE OF 229.01 FEET TO THE POINT OF BEGINNING,CONTAINING WITIIIN THESE METES AND
BOUNDS A 28.63-ACRE TRACT,MORE OR LESS;
NOTE; AN EXHIBIT REPRESENTING A GR.U'1111C' 1VlACE OF TFIIS DESCRIPTION STYLED AS
"SHEET I OF 5-28.0-ACRE TRACT"ACCOMPANIES THIS DOC UNIENT.THE BASIS OF SEARING
IS TEXAS STATE PLANE COORDINATE SYSTEM NAD 83,SOLI.111 LONE 4205.
OF
September 28,2018
Job No. 170146
I.Rodarte AoscRr w1.viEga'
..::.A....6178
C-y��o+•essyOayO �p�7L'
y�0 SUGtil� a W
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 76
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT J-2 -IMPROVEMENT AREA #1 LEGAL DESCRIPTION
36I�yl.zs�u
YBa115 1-1962
SURVEYING ?PL I;Itaa32
3"5 S:k,Ih ta[alcr;:;lr: +Su I I1-,f.orpun f.`ri-.i.Tc-?,n 72AI
s
November 21,2023
5001-0986-21143.101
Field Notes Description for a 51.03-Acre Tract
Improvement Area#1,Tract 1
STATE OF TEXAS §
COUNTY OF NUECES §
Field notes,to describe a 51-03-acre tract Improvement Area being out a portion of Tracts 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 271D_a map recorded in Volume 67, Pages 779-785,Map Records, Nueces County,Texas,a
porton of P.I.C.C.I.F.E-, Blocks 24-33, a map recorded in Volume 40, pages 154-159, (Map Records,
Nueces County,Texas, a portion of out of P.I.C.C.I.F.E., Blocks 43 & 44. a map recorded in Volume
42, Pages 10-11, Map Records. Nueces County.Texas.and Portions of P.I.C.C.I.F.E.,(Blocks 34, 35,
and 36, a map recorded in Volume 40, Pages 183-134, Map Records. Nueces County, Texas, said
Blocks 26, 35, 35,437 44, and a portion of Block 34, now vacated as per plat recorded in Volume 67,
Page 688,Map Records,Nueces County,Texas,said 51.43-acre tract being out of a portion of a 28.63-
acre tract (Tract 1), a 72.31-acre tract (Tract 2), a 74.39-acre tract (Tract 3), and a 30.68-acre tract
(Tract 4), as referenced in a correction warranty deed, Document Number 2018045542, Official
Records, Nueces County,Texas,save and except 3.766 acres of a 80-foot wide street,also known as
`Aquarius Street Re-Alignment', and recorded in Document Number 2011039226, Official Records,
Nueces County, Texas, and said 51.03 acres more particularly described by metes and bounds as
follows;
BEGINNING at a 5!B"iron rod found on said Lot 27C of the Padre Island-Corpus Christi Island Fairway
Estates_and being on the south right of way of said Aquarius Street,and said iron rod being on a curve
to the right, having a radius of 330.00', a length of curve of 106.74', a delta angle of 18°3158 and a
chord bearing and distance of S 78`00'59- W. 106.28•for -a corner of said 30.68-acre tract (Tract 4)
for the POINT-OF-BEGINNING and northeast comer of this 51.1)3-acre tract,
THENCE S 02°16'21"E,a distance of 47.77'to a 518"iron rod found, for an angle corner of this 51.03-
acre tract-,
THENCE S 44°49'36"'E.a distance of 217.18'to a point,for an angle corner of this 51.03-acre tract;
THENCE S 45°10'24"W.a distance of 141.72'to a point.for an angle corner of this 51.03-acre tract;
THENCE S 00`00'00_W.a distance of 685.33'to a point and a corner of this 51.03-acre tract,and said
point being at the beginning of a curve to the left,having a radius of 393.00',a length of curve of 500.19',
a delta angle of 72°5522',and a chord bearing and distance of S 57°10'11' E,467-10'.
THENCE along said curve to the left,a curve length of 500.19'to a point of tangency of said curve,for
a corner of this 51-03-acre tract;
THENCE S 00°53'05"E,a distance 809.16'to a paint,for an angle comer of this 59.03-acre tract;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 77
FINAL SERVICE AND ASSESSMENT PLAN
51.03 Acre Tract
Wvenber 21,2023
Page 2 of 3
THENCE S 89006'59" W, a distance of 62.78' to a point, for an angle corner of this 51.03-acre tract;
THENCE N 80'07'55'W, a distance of 169.11' to a point.for an angle corner of this 51.03-acre tract=
THENCE S 47°34'11"W, a distance of 80.44'to a point_for an angle comer of this 51.03-acre tract=
THENCE N 39`02'15"W, a distance of 180.41'to a point, for an angle corner of this 51.03-acre tract=
THENCE N 87`28'42"W, a distance of 120.19'to a point, for an angle corner of this 51.03-acre tract=
THENCE S 51 027'50" W, a distance of 135.13' to a point_for an angle corner of this 51.03-acre tract=
THENCE S 30031'04" W, a distance of 270.15' to a point_for an angle corner of this 51.03-acre tract=
THENCE S 24°02'41 W, a distance of 249.57' to a point_for an angle corner of this 51.03-acre tract=
THENCE S 36'57'46- W. a distance of 160.17' to a paint on the north right of v:ay of Crown Royal,for
an angle corner of this 51.03-acre tract=
THENCE N 52053'11" W, along the north right of v:ay of Crown Royal, a distance of 229.48' to a point
on the north right of way of Cro- n Royal, for a corner of this 51.03-acre tract and said paint being at
the beginning of a curve to the Left_ having a radius of 1.718.10', a length of curve of 301.2T, a delta
angle of '10°024B", and a chord bearing and distance of N 30°32'33" E, 300.88':
THENCE along said curve to the left, a curve length of 301.27' to a point of tangency of said curve, for
a corner of this 51.03-acre tract, and said point being at the beginning of a curve to the left, having a
radius of 1.056.90', a length of curve of 387.02', a delta angle of 21'00'2B",and a chord bearing and
distance of N 14'46'46- E. 385.35';
THENCE along said curve to the left, a curve length of 387.52' to a point of tangency of said curve; for
a corner of this 51.03-acre tract;
THENCE N 86`00'41" W, a distance of 119.90' to a point at the east right of way of Dasmarinas Drive,
for a corner of this 51.03-acre tract; and said point being at the beginning of a curve to the left, having
a radius of 940.79", a length of curve of 46 1.85'. a delta angle of 28'07'40"_ and a chord bearing and
distance of N 10'33'02'W;457.23':
THENCE along said curve to the left, a curve length of 461.85' to a point of tangency of said curve; for
a corner of this 51.03-acre tract and said point being at the beginning of a curve to the left, hawing a
radius of 617.98', a length of curve of 425.59', a delta angle of 39'27'31"-, and a chord bearing and
distance of N 44'45'25-W;417.23';
THENCE along said curve to the left, a curve length of 425.59' to a point of tangency of said curve; for
a corner of this 51.03-acre tract;
THENCE N 64`29'59" W, a distance of 5151.37' to a point, for a comer of this 51.03-acre tract and said
point being at the beginning of curve to the right_ having a radius of 15.00'; a length of curve of 23.55',
a delta angle of 89`57'56_, and a chord bearing and distance of N 19'31'01" W, 2121';
THENCE along said curve to the right, a curve length of 23.551'to a point of tangency of said curve_ for
a corner of this 51.03-acre tract;
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 78
FINAL SERVICE AND ASSESSMENT PLAN
51.03-Acre Tract
November21.2023
Page 3 pl 3
THENCE N 25027'57"E. a distance of 288.75' to a point, for a oorner of this 51.03-acre tract and said
point being at the beginning of curve to the right,having a radius of 330.110',a length of curve of 249.30',
a delta angle of 43°17'02", and a chord bearing and distance of N 47°06'27"E,243,41';.
THENCE along said curve to the right, a curve length of 249.30' to a point of tangency of said curve,
for a corner of this 51,03-acre tract;
THENCE N 68044'50" E, a distance of 1,071.44' to a point,for a corner of this 51.03-acre tract, and
said point being at the beginnng of curve to the right, having a radius of 330.00', a length of curve of
106.74', a delta anglE rif 1 B031'58",and a Chord bearing and distance of N 78000'59"E, 106.28%
THENCE along Baia curve to the right,a curve length of 106.74'to the point;of tangency and the
POINT-OF-BEGINNING, and containing 51.03 acres, more or less.
The bearings for this field notes description are based on GPS, NAC783,State Mane Coo rdinate System,
Texas South Zone 4205.
I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby cerlify That !his
description represents the actual perimeter of this 51,03-acre tract,this the 21'day of November 2023.
ti
Registered Frofessionai La6d Surveyor
Texas Registration No. 4471
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 79
FINAL SERVICE AND ASSESSMENT PLAN
EXHIBIT J-3 -THE PRESERVE LEGAL DESCRIPTION
161.991.8550
I BIELS F-19613
C ._.P=L 1;194382
tiwta I JASt.r.v :x}m
Ih ti'a[�Itr,'ifrcu•I.iu li°•1:;,CtarFau�f.'ri•ai,Tt°xds'i?•1 1
November 21.2023
S001-C986-21143.101
Field Notes Description for a 4.64-Acre Tract
Improvement Area#1.Tract 2
STATE OF TEXAS §
COUNTY OF NUECES §
Field notes,to describe a 4.64-acre tract being out a portion of Tracts 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
recorded in Volume 67, Pages 779-785, Map Records, Nueces Counts. Texas, said 4.64-acre tract
being out of a portion of a 74.39-acre tract (Tract 3), as referenced in a correction v.arrantr deed,
Document Number 2018045542, Official Records, Nueces County, Texas. and said 4.64 acres more
particularly described by metes and bounds as follows;
BEGINNING at a 58" iron rad found at the southeast corner of Lot 24, Block 30 of the Padre Island-
Corpus Christi Island Fairvvav Estates, recorded in Volume 40_ Pages 181-182, Map Records, Nueces
County, Texas,for the POINT-OF-BEGINNING and interior corner of this 4.54-acre tract,
THENCE N 30`50'45"E, a distance of 235.05'to a point,for an angle corner of this 4.64-acre tract=
THENCE N 23`48'25"W,a distance of 259.46'to a point.for an angle corner of this 4.64-acre tract;
TH ENC E N 30`34'30"E, a distance of 224.73'to a point,for an angle corner of this 4.64-acre tract=
THENCE 3 57`43'56'E. a distance of 100.42'to a paint and a comer of this 4.64-acre tract, and said
point being at the beginning of a curve to the right, having a radius of 170.00, a length of curve of
157.54:.a delta angle of 53`05'43`",and a chord bearing and distance of S 33'35'14" E. 151.96"
THENCE along said curve to the right_a curve length of 157,514'to a point of tangency of said curve,
for a corner of this 4.64-acre tract,
THENCE 5 07°02'23"E,a distance 182.93'to a point, for an angle corner of this 4.64-acre tract,
THENCE 5 11'47'41"W, a distance of 257.61'to a point,for a comer of this 4.64-acre tract and said
point being at the beginning of a curve to the right, having a radius of 260.00',a length of curve of
352.26`,a delta angle of 77`37'36',and a chord bearing and distance of S 50°36'29-W, 325.93';
THENCE along said curve to the right,a curve length of 352.26'to a point of tangency of said curve,
for a corner of this 4.64-acre tract;
THENCE N 00`34'43" VV, a distance of 105.00'to a point_for a corner of this 4.G4-acre tract and said
paint being at the beginning of a curve to the right, having a radius of 155.00', a length of curve of
84.98'7 a delta angle of 31'24'50",and a chord bearing and distance of N 74`52'18"W, 83.92',-
WHITECAP
3.92';WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 80
FINAL SERVICE AND ASSESSMENT PLAN
4,64-Acre Trnt
November 21, 2023
Page 2 012
THENCE along said curve to the right,a cLfve length at 84.98'to a point of tangency of said curve, for
a c;o�ner of INS 4,64-acre tract;
THENCE N 59'09'53"W,a distance of 112-06'to a point, for an exterior comer of this 4-64-acre fraCt,
THENCE 5 83007'14"W.a distance of 9AW to a point,for a corner of this 4.64-acre tract and said point
be,nq rat the beginning of a curve to the left, having a radius of 104.82', a length of curve of 62.2$', a
de`a angle of 34106'20";and a chord bearing and distance of N 31°30'06" E. 61.36':
THENCE along said curve to the left, a curve length of 62.28'to a point of tangency of said curve,for a
corner of this 4.84-acre tract;
THENCE S 76'03'33"E, a distance of 112.87'to a paint,for an angle corner and the
POINT-OF-BEGINNING,and containing 4.64 acres, more or less.
The bearings for this yield notes description are based on GPS,NAG43,State Plane Coordinate System,
Texas South Zone 4205-
1. Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this
description represents the actual perimeter of this 4.84-acre tract,this the 2111 day of November 2023,
�aA�'
F—
�'4cT�:� ti��cJo ��f
Ftegistered Professeyor
Texas Registration No. 4471
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 81
FINAL SERVICE AND ASSESSMENT PLAN
APPENDIX A— ENGINEER'S REPORT
[Remainder of page left intentionally blank.]
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 82
FINAL SERVICE AND ASSESSMENT PLAN
APPENDIX B — BUYER DISCLOSURES
Forms of the buyer disclosures for the following Lot Types are found in this appendix:
Improvement Area #1
■ Initial Parcel
■ Lot Type 1
■ Lot Type 2
■ Lot Type 3
■ Lot Type 4
■ Lot Type 5
■ Lot Type 6
■ Lot Type 7
[Remainder of page left intentionally blank.]
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO.1 83
FINAL SERVICE AND ASSESSMENT PLAN
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
INITIAL PARCEL BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 INITIAL PARCEL PRINCIPAL ASSESSMENT: $23,856,000
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 INITIAL PARCEL
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 290,000 $ 1,483,843 $ 40,000 $ 1,813,843
2026 $ 308,000 $ 1,465,805 $ 40,800 $ 1,814,605
2027 $ 327,000 $ 1,446,648 $ 41,616 $ 1,815,264
2028 $ 348,000 $ 1,426,308 $ 42,448 $ 1,816,757
2029 $ 369,000 $ 1,404,663 $ 43,297 $ 1,816,960
2030 $ 392,000 $ 1,381,711 $ 44,163 $ 1,817,874
2031 $ 417,000 $ 1,357,328 $ 45,046 $ 1,819,375
2032 $ 443,000 $ 1,331,391 $ 45,947 $ 1,820,338
2033 $ 470,000 $ 1,303,836 $ 46,866 $ 1,820,703
2034 $ 500,000 $ 1,274,602 $ 47,804 $ 1,822,406
2035 $ 531,000 $ 1,243,502 $ 48,760 $ 1,823,262
2036 $ 564,000 $ 1,210,474 $ 49,735 $ 1,824,209
2037 $ 599,000 $ 1,175,393 $ 50,730 $ 1,825,123
2038 $ 636,000 $ 1,138,136 $ 51,744 $ 1,825,880
2039 $ 676,000 $ 1,098,576 $ 52,779 $ 1,827,356
2040 $ 718,000 $ 1,056,529 $ 53,835 $ 1,828,364
2041 $ 762,000 $ 1,011,870 $ 54,911 $ 1,828,781
2042 $ 810,000 $ 964,473 $ 56,010 $ 1,830,483
2043 $ 860,000 $ 914,091 $ 57,130 $ 1,831,221
2044 $ 914,000 $ 860,599 $ 58,272 $ 1,832,872
2045 $ 970,000 $ 803,748 $ 59,438 $ 1,833,186
2046 $ 1,031,000 $ 743,414 $ 60,627 $ 1,835,041
2047 $ 1,095,000 $ 679,286 $ 61,839 $ 1,836,125
2048 $ 1,163,000 $ 611,177 $ 63,076 $ 1,837,253
2049 $ 1,235,000 $ 538,839 $ 64,337 $ 1,838,176
2050 $ 1,312,000 $ 462,022 $ 65,624 $ 1,839,646
2051 $ 1,394,000 $ 380,415 $ 66,937 $ 1,841,352
2052 $ 1,480,000 $ 293,708 $ 68,275 $ 1,841,984
2053 $ 1,572,000 $ 201,652 $ 69,641 $ 1,843,293
2054 $ 1,670,000 $ 103,874 $ 71,034 $ 1,844,908
Total $ 23,856,000 $ 29,367,917 $ 1,622,723 $ 54,846,640
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 1 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary
of a deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the
land at a sale conducted under a power of sale under a deed of trust or a sale
under a court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's
estate, guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the
real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA#1 LOT TYPE 1 PRINCIPAL ASSESSMENT: $78,510.14
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 1
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 954.39 $ 4,883.33 $ 131.64 $ 5,969.36
2026 $ 1,013.63 $ 4,823.97 $ 134.27 $ 5,971.87
2027 $ 1,076.16 $ 4,760.92 $ 136.96 $ 5,974.04
2028 $ 1,145.27 $ 4,693.98 $ 139.70 $ 5,978.95
2029 $ 1,214.38 $ 4,622.75 $ 142.49 $ 5,979.62
2030 $ 1,290.07 $ 4,547.21 $ 145.34 $ 5,982.63
2031 $ 1,372.35 $ 4,466.97 $ 148.25 $ 5,987.57
2032 $ 1,457.91 $ 4,381.61 $ 151.21 $ 5,990.74
2033 $ 1,546.77 $ 4,290.93 $ 154.24 $ 5,991.94
2034 $ 1,645.50 $ 4,194.72 $ 157.32 $ 5,997.54
2035 $ 1,747.52 $ 4,092.37 $ 160.47 $ 6,000.36
2036 $ 1,856.13 $ 3,983.67 $ 163.68 $ 6,003.48
2037 $ 1,971.31 $ 3,868.22 $ 166.95 $ 6,006.48
2038 $ 2,093.08 $ 3,745.61 $ 170.29 $ 6,008.97
2039 $ 2,224.72 $ 3,615.42 $ 173.70 $ 6,013.83
2040 $ 2,362.94 $ 3,477.04 $ 177.17 $ 6,017.15
2041 $ 2,507.74 $ 3,330.06 $ 180.71 $ 6,018.52
2042 $ 2,665.71 $ 3,174.08 $ 184.33 $ 6,024.12
2043 $ 2,830.26 $ 3,008.28 $ 188.01 $ 6,026.55
2044 $ 3,007.98 $ 2,832.23 $ 191.77 $ 6,031.98
2045 $ 3,192.27 $ 2,645.14 $ 195.61 $ 6,033.02
2046 $ 3,393.02 $ 2,446.58 $ 199.52 $ 6,039.12
2047 $ 3,603.65 $ 2,235.53 $ 203.51 $ 6,042.69
2048 $ 3,827.44 $ 2,011.39 $ 207.58 $ 6,046.40
2049 $ 4,064.39 $ 1,773.32 $ 211.73 $ 6,049.44
2050 $ 4,317.79 $ 1,520.51 $ 215.97 $ 6,054.28
2051 $ 4,587.66 $ 1,251.95 $ 220.29 $ 6,059.89
2052 $ 4,870.68 $ 966.59 $ 224.69 $ 6,061.97
2053 $ 5,173.46 $ 663.64 $ 229.19 $ 6,066.28
2054 $ 5,495.97 $ 341.85 $ 233.77 $ 6,071.60
Total $ 78,510.14 $ 96,649.87 $ 5,340.39 $ 180,500.40
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 2 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land
at a sale conducted under a power of sale under a deed of trust or a sale under a
court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the real
property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;.to or
from a governmental entity; or
8) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA#1 LOT TYPE 2 PRINCIPAL ASSESSMENT: $94,212.17
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 2
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 1,145.27 $ 5,860.00 $ 157.97 $ 7,163.23
2026 $ 1,216.35 $ 5,788.76 $ 161.13 $ 7,166.24
2027 $ 1,291.39 $ 5,713.10 $ 164.35 $ 7,168.84
2028 $ 1,374.32 $ 5,632.78 $ 167.64 $ 7,174.74
2029 $ 1,457.26 $ 5,547.30 $ 170.99 $ 7,175.54
2030 $ 1,548.09 $ 5,456.66 $ 174.41 $ 7,179.15
2031 $ 1,646.82 $ 5,360.36 $ 177.90 $ 7,185.08
2032 $ 1,749.50 $ 5,257.93 $ 181.46 $ 7,188.88
2033 $ 1,856.13 $ 5,149.11 $ 185.08 $ 7,190.32
2034 $ 1,974.60 $ 5,033.66 $ 188.79 $ 7,197.05
2035 $ 2,097.03 $ 4,910.84 $ 192.56 $ 7,200.43
2036 $ 2,227.35 $ 4,780.41 $ 196.41 $ 7,204.17
2037 $ 2,365.57 $ 4,641.87 $ 200.34 $ 7,207.78
2038 $ 2,511.69 $ 4,494.73 $ 204.35 $ 7,210.77
2039 $ 2,669.66 $ 4,338.50 $ 208.44 $ 7,216.60
2040 $ 2,835.53 $ 4,172.45 $ 212.60 $ 7,220.58
2041 $ 3,009.29 $ 3,996.08 $ 216.86 $ 7,222.23
2042 $ 3,198.85 $ 3,808.90 $ 221.19 $ 7,228.95
2043 $ 3,396.31 $ 3,609.93 $ 225.62 $ 7,231.86
2044 $ 3,609.57 $ 3,398.68 $ 230.13 $ 7,238.38
2045 $ 3,830.73 $ 3,174.17 $ 234.73 $ 7,239.62
2046 $ 4,071.63 $ 2,935.89 $ 239.43 $ 7,246.95
2047 $ 4,324.38 $ 2,682.64 $ 244.22 $ 7,251.23
2048 $ 4,592.92 $ 2,413.66 $ 249.10 $ 7,255.68
2049 $ 4,877.26 $ 2,127.98 $ 254.08 $ 7,259.33
2050 $ 5,181.35 $ 1,824.62 $ 259.16 $ 7,265.13
2051 $ 5,505.19 $ 1,502.34 $ 264.35 $ 7,271.87
2052 $ 5,844.82 $ 1,159.91 $ 269.63 $ 7,274.37
2053 $ 6,208.15 $ 796.37 $ 275.03 $ 7,279.54
2054 $ 6,595.17 $ 410.22 $ 280.53 $ 7,285.91
Total $ 94,212.17 $ 115,979.85 $ 6,408.46 $ 216,600.48
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 3 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed
of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a
sale conducted under a power of sale under a deed of trust or a sale under a court-
ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;
5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the real property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 3 PRINCIPAL ASSESSMENT: $106,219.61
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 3
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 1,291.23 $ 6,606.86 $ 178.10 $ 8,076.20
2026 $ 1,371.38 $ 6,526.54 $ 181.66 $ 8,079.59
2027 $ 1,455.98 $ 6,441.24 $ 185.30 $ 8,082.52
2028 $ 1,549.48 $ 6,350.68 $ 189.00 $ 8,089.17
2029 $ 1,642.98 $ 6,254.31 $ 192.78 $ 8,090.07
2030 $ 1,745.39 $ 6,152.11 $ 196.64 $ 8,094.14
2031 $ 1,856.71 $ 6,043.55 $ 200.57 $ 8,100.83
2032 $ 1,972.47 $ 5,928.06 $ 204.58 $ 8,105.12
2033 $ 2,092.69 $ 5,805.37 $ 208.67 $ 8,106.74
2034 $ 2,226.27 $ 5,675.21 $ 212.85 $ 8,114.32
2035 $ 2,364.29 $ 5,536.73 $ 217.10 $ 8,118.13
2036 $ 2,511.23 $ 5,389.68 $ 221.45 $ 8,122.35
2037 $ 2,667.07 $ 5,233.48 $ 225.88 $ 8,126.42
2038 $ 2,831.81 $ 5,067.59 $ 230.39 $ 8,129.79
2039 $ 3,009.91 $ 4,891.45 $ 235.00 $ 8,136.36
2040 $ 3,196.92 $ 4,704.23 $ 239.70 $ 8,140.85
2041 $ 3,392.83 $ 4,505.38 $ 244.49 $ 8,142.71
2042 $ 3,606.55 $ 4,294.35 $ 249.38 $ 8,150.28
2043 $ 3,829.18 $ 4,070.02 $ 254.37 $ 8,153.57
2044 $ 4,069.61 $ 3,831.85 $ 259.46 $ 8,160.92
2045 $ 4,318.96 $ 3,578.72 $ 264.65 $ 8,162.32
2046 $ 4,590.56 $ 3,310.08 $ 269.94 $ 8,170.58
2047 $ 4,875.52 $ 3,024.54 $ 275.34 $ 8,175.41
2048 $ 5,178.29 $ 2,721.29 $ 280.85 $ 8,180.43
2049 $ 5,498.88 $ 2,399.20 $ 286.46 $ 8,184.54
2050 $ 5,841.72 $ 2,057.17 $ 292.19 $ 8,191.08
2051 $ 6,206.83 $ 1,693.81 $ 298.04 $ 8,198.68
2052 $ 6,589.75 $ 1,307.75 $ 304.00 $ 8,201.49
2053 $ 6,999.38 $ 897.86 $ 310.08 $ 8,207.32
2054 $ 7,435.73 $ 462.50 $ 316.28 $ 8,214.51
Total $ 106,219.61 $ 130,761.59 $ 7,225.23 $ 244,206.43
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 4 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land
at a sale conducted under a power of sale under a deed of trust or a sale under a
court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the real
property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 4 PRINCIPAL ASSESSMENT: $127,463.53
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 4
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 1,549.48 $ 7,928.23 $ 213.72 $ 9,691.43
2026 $ 1,645.66 $ 7,831.85 $ 218.00 $ 9,695.51
2027 $ 1,747.17 $ 7,729.49 $ 222.36 $ 9,699.02
2028 $ 1,859.38 $ 7,620.82 $ 226.80 $ 9,707.00
2029 $ 1,971.58 $ 7,505.17 $ 231.34 $ 9,708.09
2030 $ 2,094.47 $ 7,382.53 $ 235.97 $ 9,712.97
2031 $ 2,228.05 $ 7,252.26 $ 240.69 $ 9,720.99
2032 $ 2,366.97 $ 7,113.67 $ 245.50 $ 9,726.14
2033 $ 2,511.23 $ 6,966.45 $ 250.41 $ 9,728.09
2034 $ 2,671.52 $ 6,810.25 $ 255.42 $ 9,737.19
2035 $ 2,837.15 $ 6,644.08 $ 260.53 $ 9,741.76
2036 $ 3,013.47 $ 6,467.61 $ 265.74 $ 9,746.82
2037 $ 3,200.48 $ 6,280.17 $ 271.05 $ 9,751.70
2038 $ 3,398.17 $ 6,081.10 $ 276.47 $ 9,755.75
2039 $ 3,611.89 $ 5,869.74 $ 282.00 $ 9,763.63
2040 $ 3,836.30 $ 5,645.08 $ 287.64 $ 9,769.02
2041 $ 4,071.40 $ 5,406.46 $ 293.39 $ 9,771.25
2042 $ 4,327.86 $ 5,153.22 $ 299.26 $ 9,780.34
2043 $ 4,595.01 $ 4,884.02 $ 305.25 $ 9,784.28
2044 $ 4,883.54 $ 4,598.21 $ 311.35 $ 9,793.10
2045 $ 5,182.75 $ 4,294.46 $ 317.58 $ 9,794.79
2046 $ 5,508.67 $ 3,972.09 $ 323.93 $ 9,804.70
2047 $ 5,850.63 $ 3,629.45 $ 330.41 $ 9,810.49
2048 $ 6,213.95 $ 3,265.54 $ 337.02 $ 9,816.51
2049 $ 6,598.65 $ 2,879.04 $ 343.76 $ 9,821.45
2050 $ 7,010.07 $ 2,468.60 $ 350.63 $ 9,829.30
2051 $ 7,448.20 $ 2,032.57 $ 357.65 $ 9,838.41
2052 $ 7,907.70 $ 1,569.30 $ 364.80 $ 9,841.79
2053 $ 8,399.26 $ 1,077.44 $ 372.09 $ 9,848.79
2054 $ 8,922.87 $ 555.00 $ 379.54 $ 9,857.41
Total $ 127,463.53 $ 156,913.91 $ 8,670.27 $ 293,047.71
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 5 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land
at a sale conducted under a power of sale under a deed of trust or a sale under a
court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the real
property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9) of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 5 PRINCIPAL ASSESSMENT: $138,547.31
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 5
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 1,684.22 $ 8,617.64 $ 232.31 $ 10,534.17
2026 $ 1,788.76 $ 8,512.88 $ 236.95 $ 10,538.59
2027 $ 1,899.10 $ 8,401.62 $ 241.69 $ 10,542.42
2028 $ 2,021.06 $ 8,283.50 $ 246.53 $ 10,551.09
2029 $ 2,143.02 $ 8,157.79 $ 251.46 $ 10,552.27
2030 $ 2,276.60 $ 8,024.49 $ 256.48 $ 10,557.58
2031 $ 2,421.79 $ 7,882.89 $ 261.61 $ 10,566.29
2032 $ 2,572.79 $ 7,732.25 $ 266.85 $ 10,571.89
2033 $ 2,729.60 $ 7,572.23 $ 272.18 $ 10,574.01
2034 $ 2,903.83 $ 7,402.45 $ 277.63 $ 10,583.90
2035 $ 3,083.86 $ 7,221.83 $ 283.18 $ 10,588.87
2036 $ 3,275.51 $ 7,030.01 $ 288.84 $ 10,594.37
2037 $ 3,478.78 $ 6,826.27 $ 294.62 $ 10,599.68
2038 $ 3,693.67 $ 6,609.89 $ 300.51 $ 10,604.07
2039 $ 3,925.97 $ 6,380.15 $ 306.52 $ 10,612.64
2040 $ 4,169.89 $ 6,135.95 $ 312.65 $ 10,618.50
2041 $ 4,425.43 $ 5,876.59 $ 318.91 $ 10,620.92
2042 $ 4,704.20 $ 5,601.32 $ 325.28 $ 10,630.80
2043 $ 4,994.58 $ 5,308.72 $ 331.79 $ 10,635.09
2044 $ 5,308.19 $ 4,998.06 $ 338.43 $ 10,644.68
2045 $ 5,633.42 $ 4,667.89 $ 345.19 $ 10,646.51
2046 $ 5,987.69 $ 4,317.49 $ 352.10 $ 10,657.28
2047 $ 6,359.38 $ 3,945.06 $ 359.14 $ 10,663.57
2048 $ 6,754.30 $ 3,549.50 $ 366.32 $ 10,670.12
2049 $ 7,172.45 $ 3,129.39 $ 373.65 $ 10,675.48
2050 $ 7,619.64 $ 2,683.26 $ 381.12 $ 10,684.02
2051 $ 8,095.86 $ 2,209.32 $ 388.75 $ 10,693.93
2052 $ 8,595.32 $ 1,705.76 $ 396.52 $ 10,697.60
2053 $ 9,129.63 $ 1,171.13 $ 404.45 $ 10,705.20
2054 $ 9,698.78 $ 603.26 $ 412.54 $ 10,714.58
Total $ 138,547.31 $ 170,558.60 $ 9,424.21 $ 318,530.12
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 6 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
1)under a court order or foreclosure sale;
2)by a trustee in bankruptcy;
3)to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
4)by a mortgagee or a beneficiary under a deed of trust who has acquired the land
at a sale conducted under a power of sale under a deed of trust or a sale under a
court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5)by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6)from one co-owner to another co-owner of an undivided interest in the real
property;
7)to a spouse or a person in the lineal line of consanguinity of the seller;
8)to or from a governmental entity; or
9)of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 6 PRINCIPAL ASSESSMENT: $166,256.78
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 6
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 2,021.06 $ 10,341.17 $ 278.77 $ 12,641.00
2026 $ 2,146.51 $ 10,215.46 $ 284.34 $ 12,646.31
2027 $ 2,278.92 $ 10,081.95 $ 290.03 $ 12,650.90
2028 $ 2,425.27 $ 9,940.20 $ 295.83 $ 12,661.30
2029 $ 2,571.63 $ 9,789.35 $ 301.75 $ 12,662.72
2030 $ 2,731.92 $ 9,629.39 $ 307.78 $ 12,669.09
2031 $ 2,906.15 $ 9,459.47 $ 313.94 $ 12,679.55
2032 $ 3,087.35 $ 9,278.70 $ 320.22 $ 12,686.27
2033 $ 3,275.51 $ 9,086.67 $ 326.62 $ 12,688.81
2034 $ 3,484.59 $ 8,882.93 $ 333.15 $ 12,700.68
2035 $ 3,700.63 $ 8,666.19 $ 339.82 $ 12,706.64
2036 $ 3,930.62 $ 8,436.01 $ 346.61 $ 12,713.24
2037 $ 4,174.54 $ 8,191.53 $ 353.54 $ 12,719.61
2038 $ 4,432.40 $ 7,931.87 $ 360.62 $ 12,724.89
2039 $ 4,711.17 $ 7,656.18 $ 367.83 $ 12,735.17
2040 $ 5,003.87 $ 7,363.14 $ 375.18 $ 12,742.20
2041 $ 5,310.52 $ 7,051.90 $ 382.69 $ 12,745.11
2042 $ 5,645.04 $ 6,721.59 $ 390.34 $ 12,756.97
2043 $ 5,993.50 $ 6,370.47 $ 398.15 $ 12,762.11
2044 $ 6,369.83 $ 5,997.67 $ 406.11 $ 12,773.61
2045 $ 6,760.11 $ 5,601.47 $ 414.23 $ 12,775.81
2046 $ 7,185.23 $ 5,180.99 $ 422.52 $ 12,788.73
2047 $ 7,631.25 $ 4,734.07 $ 430.97 $ 12,796.29
2048 $ 8,105.16 $ 4,259.40 $ 439.59 $ 12,804.15
2049 $ 8,606.94 $ 3,755.26 $ 448.38 $ 12,810.58
2050 $ 9,143.57 $ 3,219.91 $ 457.35 $ 12,820.82
2051 $ 9,715.04 $ 2,651.18 $ 466.49 $ 12,832.71
2052 $ 10,314.39 $ 2,046.91 $ 475.82 $ 12,837.12
2053 $ 10,955.55 $ 1,405.35 $ 485.34 $ 12,846.24
2054 $ 11,638.53 $ 723.92 $ 495.05 $ 12,857.50
Total $ 166,256.78 $ 204,670.32 $ 11,309.05 $ 382,236.15
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
WHITECAP PUBLIC IMPROVEMENT DISTRICT NO. 1 - IMPROVEMENT AREA#1
LOT TYPE 7 BUYER DISCLOSURE
NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT
A person who proposes to sell or otherwise convey real property that is located in a public
improvement district established under Subchapter A, Chapter 372, Local Government Code
(except for public improvement districts described under Section 372.005), or Chapter 382,
Local Government Code, shall first give to the purchaser of the property this written notice,
signed by the seller.
For the purposes of this notice, a contract for the purchase and sale of real property having a
performance period of less than six months is considered a sale requiring the notice set forth below.
This notice requirement does not apply to a transfer:
I) under a court order or foreclosure sale;
2) by a trustee in bankruptcy;
3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a
deed of trust by a trustor or successor in interest;
4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land
at a sale conducted under a power of sale under a deed of trust or a sale under a
court-ordered foreclosure or has acquired the land by a deed in lieu of
foreclosure;
5) by a fiduciary in the course of the administration of a decedent's estate,
guardianship, conservatorship, or trust;
6) from one co-owner to another co-owner of an undivided interest in the real
property;
7) to a spouse or a person in the lineal line of consanguinity of the seller;
8) to or from a governmental entity; or
9)of only a mineral interest, leasehold interest, or security interest
The following notice shall be given to a prospective purchaser before the execution of a binding
contract of purchase and sale, either separately or as an addendum or paragraph of a purchase
contract. In the event a contract of purchase and sale is entered into without the seller having
provided the required notice,the purchaser, subject to certain exceptions,is entitled to terminate
the contract.
A separate copy of this notice shall be executed by the seller and the purchaser and must be
filed in the real property records of the county in which the property is located at the closing of
the purchase and sale of the property.
AFTER RECORDING' RETURN TO:
NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO
CITY OF CORPUS CHRISTI, TEXAS
CONCERNING THE FOLLOWING PROPERTY
STREET ADDRESS
IMPROVEMENT AREA #1 LOT TYPE 7 PRINCIPAL ASSESSMENT: $221,675.70
As the purchaser of the real property described above, you are obligated to pay
assessments to City of Corpus Christi, Texas, for the costs of a portion of a public improvement
or services project (the "Authorized Improvements") undertaken for the benefit of the property
within Whitecap Public Improvement District No. I (the "District") created under Subchapter A,
Chapter 372, Local Government Code.
AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE
AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF
THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN
ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING
ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE
COSTS, AND DELINQUENCY COSTS.
The exact amount of the assessment may be obtained from the City of Corpus Christi.
The exact amount of each annual installment will be approved each year by the Corpus Christi
City Council in the annual service plan update for the District. More information about the
assessments,including the amounts and due dates,may be obtained from City of Corpus Christi.
Your failure to pay any assessment or any annual installment may result in penalties and
interest being added to what you owe or in a lien on and the foreclosure of your property.
To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the
closing of the purchase and sale and to be recorded in the deed records of Nueces County when updating for the Current
Information of Obligation to Pay Improvement District Assessment.
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
The undersigned seller acknowledges providing this notice to the potential purchaser
before the effective date of a binding contract for the purchase of the real property at the address
described above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER]2
2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with
Section 5.014(a-1),Tex. Prop. Code.
Signature Page to Initial Notice
of Obligation to Pay Improvement District Assessment
[The undersigned purchaser acknowledges receipt of this notice before the effective date
of a binding contract for the purchase of the real property at the address described above. The
undersigned purchaser acknowledged the receipt of this notice including the current
information required by Section 5.0143, Texas Property Code, as amended.
DATE: DATE:
SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the
purposes therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]3
3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the
purchase and sale and to be recorded in the deed records of Nueces County.
Purchaser Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
[The undersigned seller acknowledges providing a separate copy of the notice required by
Section 5.014 of the Texas Property Code including the current information required by Section
5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the
address above.
DATE: DATE:
SIGNATURE OF SELLER SIGNATURE OF SELLER
STATE OF TEXAS §
COUNTY OF §
The foregoing instrument was acknowledged before me by and
, known to me to be the person(s) whose name(s) is/are subscribed to the
foregoing instrument, and acknowledged to me that he or she executed the same for the purposes
therein expressed.
Given under my hand and seal of office on this , 20 .
Notary Public, State of Texas]4
4 To be included in separate copy of the notice required by Section 5.0143,Tex. Prop.Code,to be executed at the closing of the purchase
and sale and to be recorded in the deed records of Nueces County.
Seller Signature Page to Final Notice with Current Information
of Obligation to Pay Improvement District Assessment
ANNUAL INSTALLMENTS - IMPROVEMENT AREA#1 LOT TYPE 7
PrincipalInstallment [a] Annual Collection
•
Due 1/31
2025 $ 2,694.75 $ 13,788.23 $ 371.69 $ 16,854.67
2026 $ 2,862.01 $ 13,620.62 $ 379.12 $ 16,861.75
2027 $ 3,038.56 $ 13,442.60 $ 386.71 $ 16,867.87
2028 $ 3,233.70 $ 13,253.60 $ 394.44 $ 16,881.74
2029 $ 3,428.84 $ 13,052.46 $ 402.33 $ 16,883.63
2030 $ 3,642.56 $ 12,839.19 $ 410.38 $ 16,892.12
2031 $ 3,874.86 $ 12,612.62 $ 418.58 $ 16,906.07
2032 $ 4,116.46 $ 12,371.61 $ 426.95 $ 16,915.02
2033 $ 4,367.35 $ 12,115.56 $ 435.49 $ 16,918.41
2034 $ 4,646.12 $ 11,843.91 $ 444.20 $ 16,934.24
2035 $ 4,934.18 $ 11,554.92 $ 453.09 $ 16,942.19
2036 $ 5,240.82 $ 11,248.02 $ 462.15 $ 16,950.99
2037 $ 5,566.05 $ 10,922.04 $ 471.39 $ 16,959.48
2038 $ 5,909.87 $ 10,575.83 $ 480.82 $ 16,966.52
2039 $ 6,281.55 $ 10,208.24 $ 490.44 $ 16,980.23
2040 $ 6,671.83 $ 9,817.52 $ 500.25 $ 16,989.60
2041 $ 7,080.69 $ 9,402.54 $ 510.25 $ 16,993.47
2042 $ 7,526.72 $ 8,962.12 $ 520.46 $ 17,009.29
2043 $ 7,991.33 $ 8,493.96 $ 530.86 $ 17,016.15
2044 $ 8,493.11 $ 7,996.90 $ 541.48 $ 17,031.49
2045 $ 9,013.47 $ 7,468.62 $ 552.31 $ 17,034.41
2046 $ 9,580.30 $ 6,907.99 $ 563.36 $ 17,051.64
2047 $ 10,175.00 $ 6,312.09 $ 574.62 $ 17,061.72
2048 $ 10,806.88 $ 5,679.21 $ 586.12 $ 17,072.20
2049 $ 11,475.92 $ 5,007.02 $ 597.84 $ 17,080.78
2050 $ 12,191.42 $ 4,293.22 $ 609.80 $ 17,094.43
2051 $ 12,953.38 $ 3,534.91 $ 621.99 $ 17,110.29
2052 $ 13,752.52 $ 2,729.21 $ 634.43 $ 17,116.16
2053 $ 14,607.40 $ 1,873.80 $ 647.12 $ 17,128.33
2054 $ 15,518.04 $ 965.22 $ 660.06 $ 17,143.33
Total $ 221,675.70 $ 272,893.76 $ 15,078.73 $ 509,648.19
Footnotes:
[a] Interest is calculated at a 6.22%rate for illustrative purposes.
[b]The figures shown above are estimates only and subject to change in Annual Service Plan
Updates. Changes in Annual Collection Costs, reserve fund requirements, interest earnings,or
other available offsets could increase or decrease the amounts shown.
Annual Installment Schedule to Notice
of Obligation to Pay Improvement District Assessment
PID Reimbursement Agreement
Whitecap Public Improvement District No. 1
This PID Reimbursement Agreement (this "Agreement") is entered into by Ashlar
Interests, LLC (the "Developer") and the City of Corpus Christi Texas (the "Ci1y"),to be effective
, 20 , (the "Effective Date"). The Developer and the City are individually referred to
as a "P=" and collectively as the "Parties."
SECTION 1. RECITALS
1.1 WHEREAS, capitalized terms used in this Agreement shall have the meanings given to
them 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 purposes; 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 City Council passed and approved the PID Creation
Resolution authorizing the creation of the PID pursuant to the Act, covering approximately
242.011 contiguous acres within the City's corporate limits, which land is described in the PID
Creation Resolution;
1.6 WHEREAS, on February 20, 2024, the City Council passed and approved an Assessment
Ordinance related to Improvement Area 91 of the PID;
1.7 WHEREAS, the City Council expects to pass and approve additional Assessment
Ordinances related to other phases of development 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
1156.011\801090.6
1.9 WHEREAS, the SAP identifies Authorized Improvements 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 Improvements;
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
reimbursement agreement shall be required for Improvement Areas to be developed in the future
following the initial phase of development constituting "Improvement Area#1";
1.13 WHEREAS, the SAP determines and apportions the Actual Costs of the Authorized
Improvements to the Assessed Property,which Actual Costs represent the special benefit that the
Authorized Improvements confer upon the Assessed Property as required by the Act;
1.14 WHEREAS, in each Assessment Ordinance the City levied or expects to levy a portion of
the Actual Costs of the Authorized Improvements as Assessments against the Assessed Property
in the amounts set forth on the Assessment Roll(s);
1.15 WHEREAS, Assessments, 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, shall be billed and
collected by the City or its designee;
1.17 WHEREAS,the Parties agree the City's obligations to reimburse the Developer for Actual
Costs of Authorized Improvements constructed for the benefit of any Improvement Area are: (1)
contingent upon the City levying Assessments against property within such Improvement Area
benefitting from the Authorized Improvements, (2) payable 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 Assessments;
1.18 WHEREAS, Assessment Revenue from the collection of Assessments, including the
Annual 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 Bonds are issued or none of such PID Bonds remain outstanding;
Page 2
1156.011\801090.6
1.19 WHEREAS, Bond Proceeds shall be deposited as provided in the applicable Indenture;
1.20 WHEREAS, a PID Project Fund related to each series of PID Bonds 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 372.023(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 Party 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 documents 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:
SECTION 2. DEFINITIONS
2.1 "Act" is defined as Chapter 372, Texas Local Government Code, as amended.
2.2 "Actual Costs" are defined in the SAP.
2.3 "Administrator" is defined in the SAP.
2.4 "Agreement" is defined in the introductory paragraph.
2.5 "Annual Collection Costs" are defined in the SAP.
2.6 "Annual Installment" is defined in the SAP.
2.7 "Applicable Laws" means the Act and all other laws or statutes, rules, or regulations of the
State of Texas or the United States, as the same may be amended, by which the City and its powers,
securities, operations, and procedures are, or may be, governed or from which its powers may be
derived.
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1156.011\801090.6
2.8 "Assessed Property" is defined in 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 revenues actually received by or on behalf of the City from
any one or more of the following: (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 Prepayment, and (3) foreclosure proceeds.
2.12 "Assessment Roll" is defined 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 of] PID
Bonds that are deposited and made available to pay Actual Costs in accordance with the applicable
Indenture.
2.15 "Certificate for Pam" means a certificate (substantially in 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 Representative (and/or, if
applicable, to the trustee named in any applicable Indenture), specifying the work performed and the
amount charged (including materials and labor costs) for Actual Costs, and requesting payment of
such amount from the appropriate fund or funds. Each certificate shall include supporting
documentation in the standard form for City construction projects and evidence that each Authorized
Improvement(or its completed segment) covered by the certificate has been inspected by the City.
2.16 "Change Order" is defined in Section 3.12.
2.17 "CC" is defined in the introductory paragraph.
2.18 "City Council" means the governing body of the City.
2.19 "City Representative" means any person authorized by the City Council to undertake the
actions referenced herein.
2.20 "Closing Disbursement Request" means a request in the form of Exhibit B or as otherwise
approved by the Parties.
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2.21 "Commitment" is defined in Section 3.10.
2.22 "Cost Underrun" is defined in Section 3.11.
2.23 "Coun " is defined in the SAP.
2.24 "Default" is defined in Section 4.8.1.
2.25 "Delinquent Collection Costs" are defined in the SAP.
2.26 "Developer" is defined in the introductory paragraph.
2.27 "Developer Advances" mean advances made by the Developer to pay Actual Costs.
2.28 "Developer Improvement 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 Fund) 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 "Development Agreement" is defined in the SAP.
2.30 "Effective 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#1" is defined in the SAP.
2.34 "Indenture" means the applicable trust indenture pursuant to which PID Bonds are issued.
2.35 "Maturi . Date" is the date one year after the last Annual Installment is collected.
2.36 "PLriy" and "Parties" are defined in the introductory paragraph.
2.37 "PID" is defined as the Whitecap Public Improvement District No. 1, created by the PID
Creation Resolution.
2.38 "PID Bonds" are defined in the SAP.
2.39 "PID 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 Nueces County, Texas,
as Instrument No. 2022024701 on May 20, 2022.
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2.40 "PID Pledged Revenue Fund" means, collectively,the fund established by the City under each
applicable Indenture (and segregated from all other funds 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 fund, 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 amounts and as described in the applicable
Indenture.
2.42 "PID Reimbursement Fund" means the fund, including all accounts created within such fund
to designate Assessment Revenues collected from each Improvement Area, to be established by the
City under this Agreement (and segregated from all other funds of the City) held by the City or the
City's designee into which the City deposits Assessment Revenue if not deposited into the PID Pledged
Revenue Fund.
2.43 "Prepayment" is defined in the SAP.
2.44 "Reimbursement Agreement Balance" is defined in Section 3.3.
2.45 "SAP" is defined as the Whitecap Public Improvement District Service and Assessment Plan
approved February 20, 2024, as part of the Assessment Ordinance adopted by the City Council on
February 20, 2024 and recorded in the official public records of Nueces County, Texas as Instrument
No. on , 20 , as the same may be updated or amended by City
Council action in accordance with the Act.
2.46 "Transfer" and "Transferee" are defined in Section 4.11.
SECTION 3. FUNDING AUTHORIZED IMPROVEMENTS
3.1 Fund Deposits. Until PID 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 amounts received from the foreclosure of
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
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deposited into a segregated account relating to the Improvement Area from which such Assessment
Revenue was collected and such funds shall only be used to pay Actual Costs of the Authorized
Improvements benefitting that Improvement Area or all or any portion of the Reimbursement
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 bill, 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, entity,or governmental
agency permitted by law)in the same manner and at the same time as City ad valorem taxes are billed
and collected. Funds in the PID Project 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 made first from Bond Proceeds held in the applicable accounts within such PID Project
Fund until such accounts are fully depleted and then 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 Fund; or
(2)net Bond Proceeds or other amounts deposited in an account of the PID Project Fund 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
by the Applicable Laws, and, to the extent permitted by Applicable Laws, to cause no reduction,
abatement or exemption in the Assessments for so long as any PID Bonds are outstanding or a
Reimbursement Agreement Balance remains outstanding. The City shall determine or cause to be
determined, no later than February 15 of each year whether any Annual Installment 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 prosecuting an action to foreclose the
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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 funds, revenues, taxes, income, or property other
than moneys collected from the Assessments for the payment of Actual Costs of Authorized
Improvements under this Agreement. Once PID Bonds are issued, the applicable Indenture shall
control in the event of any conflict with this Agreement.
3.2 Payment of Actual Costs. Subject to Section 3.6 below, if PID Bonds are not issued (or prior
to such issuance)to pay Actual Costs of Authorized Improvements, the Developer may elect to make
Developer Advances to pay Actual Costs. If PID Bonds are issued, the Bond Proceeds shall be used
in the manner provided in the applicable Indenture; and, except as may be required under the
Development Agreement and/or an applicable Indenture, the Developer shall have no obligation to
make Developer Advances for the related Authorized Improvements, unless the Bond Proceeds,
together with any other funds in the PID Project Fund or PID Reimbursement Fund, are insufficient
to pay the Actual Costs 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 amount of
payments of Actual Costs of the Authorized Improvements (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 costs 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 Costs
in writing. The Developer shall also make Developer Advances to pay for cost overruns(after applying
cost savings). The lack of Bond Proceeds or other funds in the PID Project Fund shall not diminish
the obligation of the Developer to pay Actual Costs of the Authorized Improvements.
3.3 Payment of Reimbursement Agreement Balance. Subject to the terms, conditions, and
requirements of this Agreement,including Section 3.6 hereof, The City agrees to pay to the Developer,
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 Certificate for Payment for Actual Costs of Authorized
Improvements paid by or at the direction of the Developer, and (b) the reimbursement amount shown
in Schedule I of the SAP plus: (1) simple interest on the unpaid principal balance at a rate equal to or
less than five percent (5%) 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
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of the City and reported in the month before the date the obligation is incurred(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 five
beginning on the date each Certificate for Payment is delivered to the City Representative; and (2)
simple interest on the unpaid principal balance at a rate equal to or less than two percent (2%) above
the highest average index rate for tax-exempt bonds reported 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 accrued but unpaid interest,owed the Developer for all Certificates for Payment
is referred to as the "Reimbursement Agreement Balance"); provided, 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 on such series of PID Bonds issued to
finance the costs of the Authorized Improvements for which the Certificate for Payment was filed, or
(2)the interest rate approved by the City Council of the City in the Assessment Ordinance levying the
Assessments from which the Bonds shall be paid. The interest rates set forth in Schedule I of the SAP
shall be approved by the City Council in each Assessment Ordinance as authorized by the Act. The
principal amount 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 Reimbursement Agreement
Balance. As the City passes and approves additional Assessment Ordinances and/or issues PID Bonds,
the City shall approve an updated Schedule I as part of the updated or amended SAP for the sole
purpose of showing the principal amount of the portion of the Reimbursement Agreement to be paid
under such newly-adopted Assessment Ordinance and any adjustments to the interest rate for such
portion 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 any further action from the Parties.
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The Reimbursement Agreement Balance is payable solely from: (1) the PID Reimbursement Fund if
no PID Bonds are issued for the purposes of paying the Authorized Improvements related to such
Reimbursement Agreement Balance, or(2) from PID Bond 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 long 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 Costs) and deposited in the PID Reimbursement
Fund. Such payments shall be in an amount not to exceed the Assessment Revenue (excluding the
portion of each Assessment, or Annual Installment thereof, collected for Annual Collection Costs)
related to such Improvement Area on deposit in the PID Reimbursement Fund; and, such payments
shall be made at least annually and no later than 60 days 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 PID Bonds,the City shall remit payment to the Developer of an amount of the
Reimbursement Agreement Balance then due and payable not to exceed the Assessment Revenue
related to such Prepayment from the Assessment Revenue deposited into the PID Reimbursement
Fund within 60 days after the Prepayment is made. Each payment from the PID Reimbursement Fund
shall be accompanied by an accounting that certifies the Reimbursement 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 constructing and installing, or the City acquiring (if applicable), the Authorized
Improvements (or portion thereof) shown on each Certificate for Payment as required under the
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 Payment if the City has
not previously levied an Assessment against Assessed Property within an Improvement Area related
to and benefitting from the Authorized Improvements for which such Certificate for Payment has been
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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,
then the City's determination of the disputed amount(as approved by the City Council) shall control.
Notwithstanding anything to the contrary in this Agreement, the City shall be under no obligation to
reimburse the Developer for Actual Costs of any Authorized Improvement that is not accepted by the
City.
The City's 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
within such Improvement Area benefitting from the Authorized Improvements, (2) payable 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 Assessments.
3.4 PID Bonds. The City, in its sole, legislative discretion, may issue PID Bonds, in one or more
series,when and if the City Council determines it is financially feasible for the purposes of: (1)paying
all or a portion of the Reimbursement Agreement Balance; or (2) paying directly Actual Costs of
Authorized Improvements. PID Bonds issued for such purpose will 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 PID 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 flow of funds provisions of such Indenture. The failure of the City to issue PID Bonds
shall not constitute a "Failure" by the City or otherwise result in a "Default" by the City. Upon the
issuance of the PID Bonds, the Developer has a duty to construct those Authorized Improvements as
described in the SAP and the Development Agreement. The Developer shall not be relieved of its duty
to construct or cause to be constructed 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 issued by the
City whether in one or more series, and no additional reimbursement agreement shall be required for
future series of PID Bonds.
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3.5 Disbursements and Transfers at and after Bond Closing. The City and the Developer agree that
from the proceeds of the PID Bonds, 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 Bonds approved amounts from 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. In 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 fund under an
Indenture,the Developer shall execute a Certificate for Payment,no more frequently than monthly, to
be delivered to the City for payment in accordance with the provisions of the applicable Indenture and
this Agreement. Upon receipt of a Certificate for Payment (along with all accompanying
documentation 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 which 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 confirm 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 documentation as is reasonably
necessary for the City 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 Certification for Payment. Within fifteen (15)business days following receipt of any
Certificate for Payment, the City shall either: (1) approve the Certificate for Payment and forward it
to the trustee 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 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.
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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 source other than the PID Reimbursement Fund
or the PID Project Fund. The Parties further agree that the City's obligation under this Agreement to
reimburse the Developer for Actual Costs of Authorized Improvements within any Improvement Area
shall only be paid from: (1) net proceeds of PID Bonds, if issued, on deposit in the PID Project Fund
related to such PID Bonds, and/or (2) Assessments, including Annual 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 City
levying Assessments against property within such Improvement Area benefitting from the Authorized
Improvements, (2) payable 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 Assessments.
Concurrent with the levy of Assessments against any Improvement Area,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 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 time,this Agreement does not create any obligations of the City with respect to any Improvement
Area for which Assessments have not been levied. Unless 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 Reimbursement 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 shall 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.
3.7 Obligation to Pay. Subject to the provisions of Section 3.3 and 3.6, if the Developer is in
substantial compliance with its obligations under the Development Agreement, then following the
inspection and approval of any portion of Authorized Improvements for which Developer seeks
reimbursement of the Actual Costs by submission of a Certificate for Payment or City approval of a
Closing Disbursement Request, the obligations of the City under this Agreement to pay from
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Assessment Revenue or the net proceeds of PID Bonds, as applicable, disbursements (whether to the
Developer or to any person designated by the Developer) 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 Ci1y Delegation of Authority. 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, and 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 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 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 activities 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.
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
in the amount required by the City's subdivision regulations for applicable Authorized Improvements,
which maintenance bond shall be for a term of two years from the date of final acceptance of the
applicable Authorized Improvements. Any surety company through which a bond is written shall be a
surety company duly authorized to do business in the State of Texas, provided that legal counsel for
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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 and/or
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 post 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 of Authorized Improvements. If requested in writing by the City,
Developer shall furnish to the City a commitment for title insurance(a"Commitment")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 City, 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 Improvements 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 any applicable
Improvement Area, upon the final completion of an Authorized Improvement within such
Improvement Area and payment of all outstanding invoices for such Authorized Improvement, if the
Actual Cost of such Authorized Improvement is less than the budgeted cost as shown in Exhibit
to the SAP (a"Cost Underrun"), any remaining budgeted cost will be available to pay Cost Overruns
on any other Authorized Improvement within such Improvement Area. A City Representative shall
promptly confirm to the Administrator (as defined in the SAP) that such remaining amounts are
available to pay such Cost Overruns,and the Developer,the Administrator and the City Representative
will agree how to use such moneys to secure the payment and performance of the work for other
Authorized Improvements. Any Cost Underrun for any Authorized Improvement is available to pay
Cost Overruns on any other Authorized Improvement and may be added to the amount approved for
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payment in any Certificate for Payment, as agreed to by the Developer,the Administrator and the City
Representative.
3.12 Contracts and Change Orders. The Developer shall be responsible for entering 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 amounts are available pursuant to Section 3.12
hereof. If any Change Order is for work that requires changes to be made by an engineer to the
construction and design documents and plans previously approved under 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 PROVISIONS
4.1 Term. The term 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
Balance is paid in full.
4.2 No Competitive Bidding. Construction of the Authorized Improvements shall not require
competitive bidding pursuant 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 executing a construction
contract with the contractor, which approval shall not be unreasonably 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.
4.4 Audit. The City Representative shall have the right,during normal business hours and upon
five(5)business days'prior written notice to the Developer,to review all books and records of the
Developer pertaining to costs 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 Developer shall maintain proper books of record and account for the
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1156.011\801090.6
construction of the Authorized Improvements and all costs related thereto. Such accounting 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
opportunity to inspect 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 (10)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 long as PID Bonds remain outstanding
or Reimbursement Agreement Balance remains unpaid.
4.5 Developer's Right to Protest Ad Valorem Taxes. Nothing in this Agreement shall be
construed to limit or restrict Developer's right to protest ad valorem taxes. The Developer's
decision to protest ad valorem taxes on Assessed Property does not constitute a Default under this
Agreement.
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 PID, and the City shall provide the Developer with a copy of the agreement between the
City and the Administrator. If the City contracts with a third-party 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
Developer has been duly authorized to do so; (4)this Agreement is binding upon the Developer
in accordance with its terms; and (5) the execution of this Agreement and the performance by
the Developer of its obligations under this Agreement do not constitute a breach or event of
default by the Developer under any other agreement, instrument, or order to which the
Developer is a parry or by which the Developer is bound.
Page 17
1156.011\801090.6
4.7.2 The City represents and warrants to the Developer that: (1) the City has the
authority to enter into and perform its obligations under this Agreement; (2) the person
executing this Agreement on behalf of the City has been duly authorized to do so; (3) this
Agreement is binding upon the City 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, instrument, 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 "Failure") 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 Failure
is monetary, the non-performing Party shall have ten (10) days within which to cure. If the
Failure is non-monetary, the non-performing Party shall have thirty (30) days within which to
cure.
4.8.2 If the Developer is in Default, 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 or to withhold payments to the Developer from the PID Reimbursement Fund or
the PID Project Fund in accordance with this Agreement and the Indenture.
4.8.3 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.
4.8.4 The City shall give 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 same cure periods that are
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 not obligate the Transferee to be bound by
this Agreement unless the Transferee agrees in writing to be bound.
4.9 Remedies Outside the Agreement. 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
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1156.011\801090.6
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 in 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, the City
Manager 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 giving of notice or passage of time, 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 obligations
under this Agreement.
4.11 Transfers. The Developer has the right to convey, transfer, assign, mortgage, pledge, or
otherwise encumber, in whole 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)
including, but not limited to, any right, title, or interest of the Developer in and to payments of the
Reimbursement 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 if such conveyance, transfer, assignment, mortgage, pledge or other
encumbrance would result in: (1)the issuance of municipal securities,and/or(2)the City being viewed
as an "obligated person" within the meaning of Rule 15c2-12 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 Transfer is
given to the City. The City may rely on notice of a Transfer received from the Developer without
obligation to investigate or confirm the validity of the Transfer. The Developer waives all rights or
claims against the City for any funds paid to a third party as a result of a Transfer for which the City
received notice.
4.12 Applicable Law: Venue. This Agreement is being executed and delivered and is intended to be
performed in the State of Texas. Except to the extent that the laws of the United States may apply,the
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1156.011\801090.6
substantive laws of the State of Texas shall govern the interpretation and enforcement of this
Agreement. In the event of a dispute involving this Agreement, venue shall lie in any court of
competent jurisdiction in Nueces County, Texas.
4.13 Notice. Any notice referenced in this Agreement must be in writing and shall be deemed given
at the addresses shown below: (1) when delivered by a nationally recognized delivery service such as
FedEx or UPS with evidence of delivery signed by any person at the delivery address regardless of
whether such person is the named addressee; or (2) 72 hours after deposited with the United States
Postal Service, Certified Mail, Return Receipt Requested.
To the City: Attn: City Manager's Office
City of Corpus Christi
P.O. Gox 9277
Corpus Christi, Texas 78469-9277
E-mail: E1syB@cctexas.com
With a copy to: Attn: City Attorney's Office
City of Corpus Christi
P.O. Gox 9277
Corpus Christi, Texas 78469-9277
E-mail: MilesR@cctexas.com
To the Developer: Attn: Steve Yetts
Ashlar Interests, LLC
400 Las Colinas Blvd. E., Suite 1075
Irving, Texas 75039
E-mail: syetts@ashlardev.com
With a copy to: Attn: Misty Ventura
Shupe Ventura, PLLC
9406 Biscayne Blvd.
Dallas, Texas 75218
E-mail:misty.ventura@svlandlaw.com
TEL: (214) 328-1101
FAX: (800) 519-3768
Any Parry may change its address by delivering notice of the change in accordance with this section.
4.14 Conflicts; Amendment. In the event of any conflict between this Agreement and any other
instrument, document, or agreement by which either Parry is bound, the provisions and intent of the
applicable Indenture controls. This Agreement may only be amended by written agreement of the
Parties.
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1156.011\801090.6
4.15 Severability.If any provision of this Agreement is held invalid by any court, such holding shall
not affect the validity of the remaining provisions.
4.16 Non-Waiver. 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.
4.17 Third Party Beneficiaries. Nothing in this Agreement is intended to or shall be construed to
confer upon any person or entity other 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
together, shall be deemed one original.
4.19 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.
4.20 No Boycott of Israel. 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. As used in the foregoing verification, 'boycott Israel,'has the
meaning in Section 2271.001, Texas Government Code, by reference to Section 808.001(1), Texas
Government Code, and 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.
4.21 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
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1156.011\801090.6
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, as amended. The foregoing
representation 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.
4.22 No Discrimination Against Fossil Fuel Companies. 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. As used
in the foregoing verification, "boycott energy companies" has the meaning in Section 2276.001(1),
Texas Government Code, by reference to Section 809.001, Texas Government Code, and means,
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. 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. As used in the foregoing verification and the
following definitions:
(a) 'discriminate against a firearm entity or firearm trade association,' has the
meaning in Section 2274.001(3), Texas Government Code, and means: (A)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
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1156.011\801090.6
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,' has the meaning in Section 2274.001(6), Texas Government
Code, and means a manufacturer, distributor, wholesaler, supplier, or retailer of firearms
(defined in Section 2274.001(4), Texas Government Code, 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 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 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,' has the meaning in Section 2274.001(7), Texas
Government Code, and 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."
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1156.011\801090.6
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 Texas Attorney General Standing Letter. The Developer represents that it has, as of the
Effective Date,on file with the Texas Attorney General a standing letter addressing the representations
and verifications hereinbefore described in the form attached as Exhibit B to the Updated
Recommendations for Compliance with the Texas BPA Verification and Representation Requirements
(December 1, 2023) of the Municipal Advisory Council of Texas or any other form accepted by the
Texas Attorney General (a "Standing Letter"). In addition, if the Developer or the parent company, a
wholly- or majority-owned subsidiary or another affiliate of the Developer receives or has received a
letter from the Texas Comptroller of Public Accounts or the Texas Attorney General seeking written
verification that the Developer is a member of the Net Zero Banking Alliance, Net Zero Insurance
Alliance, Net Zero Asset Owner Alliance, or Net Zero Asset Managers or of the representations and
certifications contained in the Developer's Standing Letter (a "Request Letter"), the Developer shall
promptly notify the City (if it has not already done so) and provide to the City,two business days prior
to the Effective Date and additionally upon request by the City, written verification to the effect that
its Standing Letter described in the preceding sentence remains in effect and may be relied upon by
the City and the Texas Attorney General(the"Bringdown Verification"). The Bringdown Verification
shall also confirm that the Developer(or the parent company, a wholly- or majority-owned subsidiary
or other affiliate of the Developer that received the Request Letter) intends to timely respond or has
timely responded to the Request Letter. The Bringdown Verification may be in the form of an e-mail.
4.26 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 system 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.
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1156.011\801090.6
4.27 Changes in Law. The Parties acknowledge and expressly agree that, during the Term, either
Party may take advantage of changes in the law notwithstanding anything to the contrary in this
Agreement.
4.28 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 tenth 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.
[Execution pages follow.]
Page 25
1156.011\801090.6
CITY:
CITY OF CORPUS CHRISTI, TEXAS
By:
Paulette Guajardo, Mayor
ATTEST:
By:
Rebecca Huerta, City Secretary
APPROVED AS TO FORM AND LEGALITY:
By:
[Assistant] City Attorney [for City Attorney]
CITY SIGNATURE PAGE To REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT
1156.011\801090.6
DEVELOPER:
ASHLAR INTERESTS,LLC
a Texas limited liability company
By:
Title:
DEVELOPER SIGNATURE PAGE To REIMBURSEMENT AGREEMENT-WHITECAP PUBLIC IMPROVEMENT DISTRICT No. 1
1156.011\801090.6
EXHIBIT A
CERTIFICATE FOR PAYMENT FORM
The undersigned is an agent for Ashlar Interests, LLC (the "Developer") and requests payment
from the applicable account of the [PID Reimbursement Fund] [PID Project Fund] from the City
of Corpus Christi,Texas(the"City")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 within the Whitecap Public Improvement
District No. 1.Unless otherwise defined,any capitalized terms used herein shall have the meanings
ascribed to them in the PID 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 Form on behalf of the Developer and is knowledgeable as to the matters
set forth herein.
2. The payment requested for the below referenced Authorized Improvements 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 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 Service and Assessment Plan.
4. The Developer is in compliance with the terms and provisions of the Reimbursement
Agreement, the 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. All 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).
EXHIBIT A-PAGE 1
1156.011\801090.6
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.
9. No more than ninety-five percent(95%) of the budgeted or contracted hard costs for major
improvements or any phase of Authorized Improvements identified may be paid until the work
with respect to such Authorized Improvements (or segment) has been completed and the City has
accepted such Authorized Improvements (or segment). One hundred percent(100%) of soft costs
(e.g., engineering costs, inspection fees and the like) may be paid prior to City acceptance of such
Authorized Improvements (or segment).
Payments requested are as follows:
a. X amount to Person or Account Y for Z goods or services.
b. Etc.
[If the Authorized Improvements are to be paid in part from one series of PID Bonds and in part
from another, insert the following:
As required by Section of the Indenture, the costs for the Authorized Improvements that
constitutes the pro-rata share of such Authorized Improvements allocable to the designated Bonds
shall be paid as follows:
Authorized Amount to be paid Amount to be paid Total Cost
from from of Authorized
Improvements: Fund Fund Improvements
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 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.
EXHIBIT A-PAGE 2
1156.011\801090.6
I hereby declare that the above representations and warranties are true and correct.
ASHLAR INTERESTS,LLC
a Texas limited liability company
By:
Title:
EXHIBIT A-PAGE 3
1156.011\801090.6
APPROVAL OF REQUEST BY CITY
The City is in receipt of the attached Certificate for Payment, acknowledges the Certificate for
Payment, acknowledges 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 reviewing the Certificate for Payment, the City approves the Certificate for
Payment and shall [include said payments in the City Certificate submitted to the Trustee directing
payments to be made from the appropriate account of the PID Project Fund] [direct payment from
the PID Reimbursement Fund] to the Developer or to any person designated by the Developer.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
EXHIBIT A-PAGE 4
1156.011\801090.6
Exhibit B
FORM OF CLOSING DISBURSEMENT REQUEST
The undersigned is an agent for (the "Developer") and requests payment to the
Developer (or to the person designated by the Developer) from the Cost of Issuance Account of
the Project Fund from (the "Trustee") in the amount of ($ )
to be transferred from the Cost of Issuance Account of the PID Project Fund upon the delivery of
the PID Bonds for costs incurred in the establishment, administration, and operation of the
Whitecap Public Improvement District No. 1 (the"District"),as follows.Unless otherwise defined,
any capitalized terms used herein shall have the meanings ascribed to them in the Indenture of
Trust by and between the City and the Trustee dated as of , 20 (the "Indenture")
relating to the [INSERT NAME OF BONDS] (the "PID Bonds").
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
Closing Disbursement Request on behalf of the Developer and is knowledgeable 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 for 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. The Developer is in compliance with the terms and provisions of the Reimbursement
Agreement, the Indenture, the Service and Assessment Plan, and the Development Agreement.
5. All conditions set forth in the Indenture and the Reimbursement Agreement for the
payment hereby requested have been satisfied.
6. 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.
Payments requested hereunder shall be made as directed below:
[Information regarding Payee, amount, and deposit instructions attached]
I hereby declare that the above representations and warranties are true and correct.
EXHIBIT B-PAGE 1
1156.011\801090.6
ASHLAR INTERESTS,LLC
a Texas limited liability company
By:
Title:
EXHIBIT B-PAGE 2
1156.011\801090.6
APPROVAL OF REQUEST BY CITY
The City is in receipt of the attached Closing Disbursement Request, acknowledges the Closing
Disbursement Request,and finds the Closing Disbursement Request to be in order.After reviewing
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 payments to be
made from Costs of Issuance Account upon delivery of the PID Bonds.
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
Date:
EXHIBIT B-PAGE 3
1156.011\801090.6
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Owners of taxable real property within the proposed PID boundaries submit
application for creation of PID to the City
City Council adopts a resolution accepting the PID application and authorizes
publication of notice of public hearing
-• City publishes Notice of Public Hearing in newspaper
PIDCreation -• City Council conducts Public Hearing concerning creation of PID
Assessments
-• City Council adopts a resolution creating the PID
and
_ City Council files a copy of the creation resolution with the County Clerk. Note that
Administration a PID is not a separate governmental entity;it is governed by the City Council
_ City Council adopts a resolution approving the preliminary service and assessment
plan
City Council adopts an ordinance levying assessments and approving a Service and
Assessment Plan("SAP")
_ A third-party"PID Administrator"can assist with billing of assessments to
property owners,collection of assessments,&administrative oversight of the PID
Approve a resolution determining the costs of improvements and approving
January a Preliminary Service and Assessment Plan(PSAP)for Improvement Area#i
OM
ry • City publishes Notice of Public Hearing in newspaperto call a public hearing
' ' for February 1-3,2024
1 �
Hold a public hearing,approve the Service and Assessment plan(SAP),the
• developer reimbursement agreement,and levy an assessment for
Improvement Area#i
AugUSt Approve issuance of PID bonds for reimbursement of costs perthe SAP for
• Improvement Area#i
City Staff Developer Underwriter
(Ashlar Development) (FMS Bonds, Inc)
Financial Advisor
(Specialized Public Developer's Counsel Underwriter's
WorkGroup Finance, Inc.)
(Shupe Ventura, PLLC) Counsel
Bond Counsel Property Owner
(Norton Rose Fulbright (Diamond Beach
US LLP) Holdings, LLC)
PID Consultant and
Administrator
(P3 Works, LLC)
V
**All costs,including professional services,are paid by the Developer or assessment revenues.
IV
Irl
provement
Area
N y
Common to All Improvements
Preserve-signage, lighting, hardscape, screening walls,trails, sidewalks,
pathways, playgrounds,furnishings, irrigation systems and soft costs
ImprovementArea #1 Improvements
Improvement Streets-roadways, lighting, signage and soft costs
Area
Drainage-storm drainage improvements and soft costs
Water-improvements to provide water service to all lots in improvement
A ut h • ri ze area #i including soft costs
Improvements Wastewater-improvements to provide wastewater service to all lots in
improvement area #i including soft costs
Bond Issuance Costs-debt service fund, capitalized interest, underwriters
discount, and costs of issuance
Other Costs-deposit to the administrative fund amount necessary to fund
the first year's annual collection costs
SAP contains a listing of all allowed improvements, costs of the improvements,
and the maximum assessment for each lot type
Authorized Improvements Cost
Preserve $3.2 M
Streets $17.1
Drainage $1.6M
Service and Water $1.7M
Wastewater $3.2M
Assessment
Soft Costs $3.4M
� lan (SAP) Community Amenities, Parks, & Landscaping $10.7M
Debt Service Reserve $1.8M
Cost of Issuance, Underwriter's Discount,Admin Fund $2.4M
Total $45-IM
Funding
PID Bonds-Improvement Area#1 $23.9M
Future Improvement Area $2.4M
Developer Contribution s18.8M
Total $45-IM
August 2024-Approve issuance of$23.91M in PID bonds for Improvement
Area #i
■ Authority: Chapter 372 of the Texas Local Government
Code
■ Purpose: Improvements which benefit a defined area are
paid with special assessments. New development pays
Additlonal for itself
Informatl'on ■ Improvements: Improvements are paid from
assessment revenues. Costs can be shared withTIRZ
■ Financing Options: ' Pay-as-you-go" or bond financed.
PID OverviewUnder either financing option, funding comes exclusively
from special assessments.. Special Assessment Bonds
are non-recourse and are neither secured by nor
payable from the City's general faith and credit
Public Infrastructure and Improvements including:
■ Pedestrian sidewalks, streets, any other roadways, or
their rights-of-way
A I I • I ■ Parks
Informatl'on ■ Water, Wastewater or Drainage Infrastructure
■ Easements for publicly owned utilities
AuthorizedPID ■ Projects "similar"to this list
Improvements
_ ■ Expenses Incurred in Establishing, Administrating, and
Operating the PID
September 2021-Whitecap PID application was submitted on with the
petition submitted February 2022
� / / March 2022-City Council was briefed on the concepts of PIDs,Texas Local
Government Code Chapter 372 and comparisons of economic development
f� tools and the Whitecap Preserve Project was introduced
April 2022
Background on Ashlar Development introduced the Whitecap Public Improvement
District #1
Whitecap Public Hearing set to accept the Petition
ublicMay 2022-Approved the creation of the Whitecap Public Improvement
Improvement District #1
Since May 2022 the City Team has worked with the WhitecapTeam to
produce improvement plans with a list of anticipated improvements, a
master development agreement, reimbursement agreement, finance plan,
assessment plans and rolls, and service and assessment plan
�u
October 2022-TIRZ #2 approved funding for $11.5 million in
reimbursement for public infrastructure including:
�dditiona
Two public pedestrian mobility bridges
Information Commodores Drive mobility bridge
Preserve community walking trail
Aquarius Street box culvert water exchange and channel
Background on , Encantada Avenue mobility bridge
September 2023-TIRZ #2 approved funding for an additional $14.0 million
Whitecap in reimbursements for public infrastructure including:
Public Additional funding for Commodores Bridge
Im
Aquarius Street water quality circulation aqueduct
_ _
• Kayak launches at public parks
District Aquarius Street canal walk
Public mobility bridge at Park Road 22
Effluent water line to ponds in the Preserve and pond interconnectivity
S Com`
GO `moi
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r
U
'NCORPOPPY E�
1,852 AGENDA MEMORANDUM
First Reading at City Council Meeting of February 13, 2024
Second Reading at the City Council Meeting of February 20, 2024
DATE: February 13, 2024
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO Assistant City Manager
Heatherh3(a)cctexas.com
361-826-3506
Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye(a)-cctexas.com
(361) 826-3851
Ordinance amending the FY2024 CIP, adding a Scour Protection Project and
appropriating funds from TIRZ #2
CAPTION:
Ordinance amending the Capital Improvement Program to add the Whitecap and Gypsy Bridges
Scour Protection Project; appropriating $1,500,000.00 from the unreserved fund balance in the
TIRZ #2 Fund; and amending the FY 2024 Operating and Capital Budgets.
SUMMARY:
With the completion and dedication of the Don Patricio Bridge, concerns have been raised about
fully opening the canal system and removing the earthen dams that are currently preventing flow
and navigation. Fully connecting the canals will increase water exchange and enhance water
quality. A consequence of increased flow is the potential for increased erosion. Analyses by two
separate consultants confirm that the channel contractions at the Whitecap and Gypsy bridges
will produce increased flow velocities once the canal system is fully interconnected. The expected
flow velocities are sufficient that it warrants retrofitting scour protection countermeasures to the
bridges.
BACKGROUND AND PURPOSE:
One of the benefits that was sought from the Don Patricio Bridge and the interconnection of the
canal systems was greater water circulation which would improve the water quality and habitat.
A potential downside of that is with increased water velocity, there is greater potential for scour.
That is the phenomenon where the tractive forces of moving water displace soil particles in the
sides and bottom of a channel. This is particularly problematic where the flow area is contracted
at locations such as culverts and bridges. This can produce scour holes that threaten adjacent
infrastructure.
In August 2021, LJA Engineering in collaboration with Dr. Christopher Reed were commissioned
by Diamond Beach Holdings to model the flows in the Whitecap NPI canals. In August of 2023,
the City contracted LJA and Dr. Reed to prepare a supplemental report that would expand the
study area to include key City assets and estimate peak velocities in the canal system based on
some historical extreme events. PIPOA has separately contracted Anchor QEA to conduct a
similar scope of work. One area of agreement between the two consultants was that increased
flow velocities will occur at the Whitecap and Gypsy bridges.
The Whitecap and Gypsy bridges were designed in the late 1960's. The City assumed
responsibility for the bridges after annexation in 1981. The bridge designs do not incorporate any
scour protection countermeasures. Additionally, the bulkheads protecting the bridge abutments
are very shallow so that any scour that occurs would likely mine material from behind the
bulkheads. That lost soil material could result in settlement, sinkholes and damage to the bridge
abutments and approaches.
In response to the scour concern, the City has engaged LJA on an existing MSA to provide a
preliminary engineering report and cost estimate to retrofit scour protection and also address
other existing maintenance deficiencies. LJA has advanced their work sufficiently to produce a
budgetary cost estimate. This project and recommendation to amend the budget was approved
by the TIRZ #2 board on January 23,2024.
PROJECT TIMELINE:
2024 2024 2024 - 2025
February - June J FA S Oct - Feb
Design Bid/Award Construction
The projected schedule reflects City Council award in January, with anticipated construction
completion by Feb 2025.
ALTERNATIVES:
Not amending FY2024 CIP Plan and appropriating the funds could delay implementing scour
protection measures at the Gypsy and Whitecap bridges.
FISCAL IMPACT:
The fiscal impact in FY 2024 is in the amount of$1,500,000.00 from the TIRZ #2 Fund. The
monies will be appropriated to the TIRZ #2 Fund and transferred to the TIRZ#2 Capital Fund.
From: To: Amount:
TIRZ #2 Fund TIRZ #2 Capital Fund $1,500,000
1111-17-60000 Acct 548500
Total: $1,500,000
FUNDING DETAIL:
Fund: TIRZ #2 Capital Fund 3278
Organization: 89 - CIP
Department: Infrastructure (17)
Activity: 24032 - Whitecap and Gypsy Bridges Scour Protection
Amount: $1,500,000.00
RECOMMENDATION:
Staff recommend authorizing the request for additional funding in the amount of $1,500,000.00
from the TIRZ #2 Fund to support the Whitecap and Gypsy bridges scour protection project and
amending the Adopted FY 2024 CIP Plan to include implementation of a Scour Protection Project
for the Gypsy and Whitecap Bridges.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Maps
CIP Page
Presentation
Ordinance amending the Capital Improvement Program to add the Whitecap and
Gypsy Bridges Scour Protection Project; appropriating $1,500,000.00 from the
unreserved fund balance in the TIRZ#2 Fund; and amending the FY 2024 Operating
and Capital Budgets.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The FY 2023-2024 Operating Budget, adopted by Ordinance No. 033151 ,
is amended to appropriate $1 ,500,000.00 from the unreserved fund balance in the
TIRZ#2 Fund (1111) and transferring to the TIRZ #2 Capital Improvement Fund (3278)
and increase expenditures by $1 ,500,000.00.
SECTION 2. The FY 2023-2024 Capital Budget, adopted by Ordinance No. 033152, is
amended to increase revenue & expenditures by $1 ,500,000.00.
SECTION 3. The Capital Improvement Program Plan is amended to add the Whitecap
and Gypsy Bridges Scour Protection Project.
Introduced and voted on the day of , 2024.
PASSED and APPROVED on the day of , 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
Capital Improvement Flan 2024 dire, 2026
City of Corpus Christi, Texas
Project# 24032
Project Name Whitecap and Gypsy Bridges Scour Protection
Type Reconditioning-Asset Department TIRZ#2
Useful Life 25 years Contact Director of Economic Development
Category Site Improvements Priority Asset Condition\longevity
Council District 4
Status Active
Description
The project will retrofit scour protection and also address other existing maintenance deficiencies at the Whitecap and Gypsy bridges caused by
increased water flow velocities once the canal system is fully interconnected.
Justification
With the completion and dedication of the Don Patricio Bridge,concerns have been raised about fully opening the canal system and removing
the earthen dams that are currently preventing flow and navigation.Analyses by two separate consultants confirm that the channel contractions at
the Whitecap and Gypsy bridges will produce increased water flow velocities once the canal system is fully interconnected. The expected flow
velocities are sufficient that it warrants retrofitting scour protection countermeasures to the bridges.
Expenditures Prior Years 2024 2025 2026 Total
Construction/Rehab 1,200,000 1,200,000
Design 200,000 200,000
Eng,Admin Reimbursements 100,000 100,000
Total 1,500,000 1,500,000
Funding Sources Prior Years 2024 2025 2026 Total
Tax Increment Finance District 1,500,000 1,500,000
Total 1,500,000 1,500,000
Budget Impact/Other 71
There is no projected operational impact with this project at this time.
Corpus Chr sti
Engineering
Whitecap Blvd & Gypsy Street
Bridge Scour Protection Project
City Council Meeting
February 13, 2024
y ,
Whitecap Blvd & Gypsy Street
Vicinity Map
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- —� DAM
■■ -- w
i
Bridge Failure Due to Scour
y Simplified Illustration
{.tY
Bridge Embankment
Failure Zone
Effective Pile Length
14
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Streambed
n
I
-- ---- ----------
I
AS SCF) + LTD
I I
I I
I I
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Source: FHWA Office of Bridges&Structures
Gypsy Street
Bridge Cross Section
iY
CONCRETE BRIDGE
5
CONCRETE BULKHEAD Q�
5�
GO
CONCRETE PILES
Gypsy Street
Bridge Cross Section
iY
CONCRETE BRIDGE
SOIL
MIGRATION
5
CONCRETE BULKHEAD Q�
5�
SOIL
MINING
Ll
CONCRETE PILES
SCOUR
y ,
Bridge Scour Protection Project
- . Key Points
• Project will address scour protection at both bridges.
• Project will address other deficiencies identified in bridge inspection
reports.
• Erosion protection will be retrofitted underneath both bridges.
• Total project cost is estimated at $1.5M.
• This action will add the project to TIRZ #2 Project Plan.
Questions
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GO �
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AGENDA MEMORANDUM
/NQNPaRPfFirst Reading Ordinance for the City Council Meeting February 13, 2024
T852 Second Reading Ordinance for the City Council Meeting February 20, 2024
DATE: February 13, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4(a)cctexas.com
(361) 826-1292
Ordinance authorizing a five-year lease agreement with Driscoll Children's
Hospital for hangar and office space at Corpus Christi International Airport.
CAPTION:
Ordinance authorizing the City Manager to execute a five-year lease agreement
with Driscoll Children's Hospital for hangar, office, storage, and parking space at
Corpus Christi International Airport, with four one-year options to renew, in
consideration of monthly lease payments of $4,164.48 in the first year and annual
rate increases.
SUMMARY:
The proposed lease agreement is between the City of Corpus Christi and Driscoll
Children's Hospital (DCH) for premises located at 320 International Drive at the Corpus
Christi International Airport for a term of five years with four one-year renewal options.
Lessee will occupy 180 square feet of storage, 3,000 square feet of office space, 3,120
square feet of hangar, 8,952 square feet of parking, 87,260 square feet of land, and 6,488
square feet of the apron.
The leased premises will continue to serve as the hospital's on-airport base of operations
for ambulance operations using ground vehicles, fixed-wing aircraft, and helicopters. The
premises also includes training facilities, storage areas, and living quarters for staff who
are on duty twenty-four hours per day.
BACKGROUND AND FINDINGS:
Driscoll Children's Hospital (DCH) was built in 1953 and serves as a primary hospital for
children in Corpus Christi and surrounding areas such as Rio Grande Valle, Victoria, and
Laredo. DCH has been an existing tenant at CCIA since 2017 and is in good standing.
The current leased facility provides critical life-saving ground and air ambulance services
for patients and their families. Driscoll uses its based ground ambulance and helicopter
teams, and CCIA tenant Sterling Air Service provides contracted air ambulance services.
The facility provides services across the state of Texas and will occasionally serve further
locations including the Mayo Clinic in Rochester, Minnesota or the Children's Hospital
and Medical Center in Omaha, Nebraska.
The proposed rent is based on an expanded footprint and reclassification of improved
space with a fixed annual escalation in rent. Total rent revenue is listed below.
YEARLY BREAKDOWN OF RATE INCREASES
TERM FISCAL YEAR MONTHLYCOST ANNUALCOST
Years 2023-24 4,164.48 49,973.76
1-5 2024-25 4,800.84 57,610.12
2025-26 5,437.21 65,246.48
2026-27 6,073.57 72,882.84
2027-28 6,709.93 80,519.20
Year 6 2028-29 6,844.13 82,129.58
Year 7 2029-30 6,981.01 83,772.18
Year 8 2030-31 7,120.63 85,447.62
Year 9 2031-32 7,263.05 87,156.57
ALTERNATIVES:
The alternative includes leasing the facility to a different tenant or allowing Driscoll
Children's Hospital to occupy the space on a month-to-month basis without a lease.
FISCAL IMPACT:
The proposed new lease agreement will provide CCIA with a total annual rent revenue of
$49,973.76 for the first year and fixed escalations throughout the term of the lease.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000 —Airport Administration
Department: 53
Project # (CIP Only): N/A
Account: 320230
RECOMMENDATION:
City staff recommends approval of this action item.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Agreement with Exhibits
LEASE AGREEMENT BETWEEN THE CITY OF
CORPUS CHRISTI AND
DRISCOLL CHILDREN'S HOSPITAL
This lease agreement the ("Lease") is made by and between the City of Corpus Christi
("City"), acting by and through its City Manager or his designee ("City Manager"), and
Driscoll Children's Hospital ("Lessee"), a Texas non-profit corporation (each a
"party" and collectively the "parties").
WHEREAS, the City owns the Corpus Christi International Airport ("Airport")
and has the authority to lease land and improvements at the Airport;
WHEREAS, the Airport is managed by the Director of Aviation ("Director"); and
WHEREAS, the parties desire to enter into this Lease for land and
improvements, to include the use of office space, hangar space, and parking spaces
for the purpose of facilitating the provision of Lessee's aeronautical services.
NOW, THEREFORE, in consideration of the terms, conditions, and mutual
covenants contained in this Lease, the Parties agree as follows:
Section 1. Premises. City leases to the Lessee the real property and existing
improvements as depicted in the attached Exhibits A and B ("Premises"), such
exhibits being incorporated by reference into this Lease, and physically located at 302
International Drive, Corpus Christi, Nueces County, Texas. The Premises are
generally described as follows: approximately 87,260 square feet of aeronautical
unimproved land, approximately 3,120 square feet of hangar space, approximately
3,000 square feet of office space associated with the hangar, approximately 180
square feet of storage space associated with the hangar, approximately 6,488 square
feet of concrete apron, and approximately 8,952 square feet of uncovered vehicle
parking area. The Premises are designated and known, for the sole purpose of
locating and identifying the leased area granted by this instrument, as the "Driscoll
Children's Hospital Ground Ambulance Service Facility."
Section 2. Term. The term of this Lease is for five years and commences upon final
approval of this Lease by the Corpus Christi City Council and execution of this
instrument by the City Manager or his designee ("Effective Date" and "Initial Term").
At the end of the Initial Term of this Lease, the Lease shall automatically renew for an
additional twelve-month period ("Renewal Term") if neither party to the Lease files
notice to terminate the Lease Agreement 60 days prior to the expiration of the Initial
Term. Following the expiration of the first Renewal Term, the Lease shall automatically
renew for a second renewal term of 12 months and so on until the end of the fourth
renewal period when such Lease shall expire by its own terms.
Pagel of 20
Section 3. Rent.
A. So long as Lessee continually uses the entire Premises solely for
Lessee's aeronautical use, the annual rent for the Premises is as shown in the table
below, with the first year's rent totaling $49,973.76 and the first-year monthly rent being
$4,164.48. The first month's rent shall be due on the Effective Date of this Lease
Agreement. Subsequent monthly rental payments shall be due on the 1 st of each month
following the expiration of the initial month of the Lease. If Lessee fails to timely remit the
monthly Lease payment on or before the due date, a late fee of $200.00 per incident
will be assessed and payable by Lessee. Lessee may choose to pay the annual rent
due in advance and in one payment at the beginning of the Lease term year.
YEARLY BREAKDOWN OF RATE INCREASES
TERM RSCAL YEAR MONTHLY COST ANNUAL COST
Years 2023-24 $ 4,164.48 S 49,973.76
1-5 2024-25 $ 4,800.84 S 57,610.12
2025-26 $ 5,437.21 S 65,246.48
2026-27 6,073.57 $ 72,882.84
2027-28 6,709.93 80,519.20
''ear 6 2028-29 $ 6,844.13 $ 82,129.58
Fear 7 2029-30 6,981.01 83,772.18
''ear 8 2030-31 $ 7,120.63 $ 85,447.62
Fear 9 203'--52 7,263.05 87,156.57
B. Rental rates for all Airport real properties are adjusted on a periodic cycle
and are based on a fair market appraisal conducted by the City. The City reserves the
right to adjust the rent in accordance with its adopted policy or Federal Aviation
Administration ("FAA") requirements. For purposes of determining the fair market value
by appraisal, the values determined by the appraiser will be final.
C. Adjusted rental rates are effective beginning on the 61st day following
completion of the final appraisal.
D. Lease payments must be mailed to the City of Corpus Christi, P. O.
Box 9257, Corpus Christi, Texas 78469-9257 and received on or before the due date.
Section 4. City and Lessee Representatives. The City Manager designates the
Director as the agent to receive all rent, notices, and reports due under this Lease.
The contact person and agentforthe Lessee is Jeremy L. Goodman, Director—Critical
Care Transport, or his successor, or as designated by the Lessee.
Section 5. Use of Premises.
A. Lessee shall have the right to use and occupy the Premises solely for the
operation and support of Lessee's aeronautical services and shall use the Premises
for no other purpose without the express written consent of the Director.
Page 2 of 20
B. Lessee may not use or occupy, permit the Premises to be used or
occupied, nor do or permit anything to be done in, on, or at the Premises in a manner
that would, in any way, void or make voidable any insurance then in force with respect
to the Premises or operations at the same or that would make it impossible to obtain
the insurance required to be furnished by Lessee under this Lease.
C. Lessee will not make any unlawful use of the Premises nor permit any
unlawful use thereof and will not commit, or permit anyone else to commit, any act
which is a nuisance or annoyance to the City or to adjacent property owners or tenants,
or which might, in City's sole judgment, appreciably damage City's goodwill or
reputation, or tend to injure or depreciate the value of the Premises or any
improvements located thereon.
D. City Temporary Use. Lessee acknowledges that the City reserves the
right to temporarily use the Premises, at no cost to the City, as a pre- or post-
emergency evacuation, storage, or operations facility if deemed necessary by the City
Manager.
E. City is not required to make any expenditure nor incur any obligation or
liability of any kind whatsoever in connection with the financing, construction,
maintenance, or repair of the Premises.
F. Partial Destruction. If the Premises is partially damaged due to acts of
God, fire, or other casualty to the extent that Lessee cannot use that portion of the
Premises for its intended purpose, then, at Lessee's option, this Lease may be
suspended or terminated until the damage is repaired. If the Lease is suspended,
Lessee and City will mutually agree on a time period for Lessee to repair the damages
to the Premises. If the Lease is terminated, the rent will be abated from the date of the
casualty, provided, however, that Lessee must use its insurance proceeds to repair or
replace the damaged Premises to its condition at the time of lease execution. Any
remaining insurance proceeds after all repair costs have been expended and the
Premises restored will be paid to Lessee. The City Manager is the sole judge of the
extent of damage to the Premises.
Section 6. Parking. Parking space is available adjacent to the office space, as shown
in Exhibit B, on an exclusive basis and may be used for parking cars and other
passenger motor vehicles used by the Lessee and its customers, guests, and patrons
and persons or companies doing business with Lessee. Lessee acknowledges that
use of the parking space shall fully comply with all of the Airport's rules and regulations
for parking and vehicle usage at the Premises and adjacent parking areas and shall
require users, customers, patrons, and guests of Lessee to do so as well.
Section 7. Signs. Lessee may install City ordinance compliant signs on the Premises
at its sole cost; provided, however, that the Lessee has obtained the Director's prior
written consent as to the size, type, design, and location of these signs or other
corporate identification, which consent shall not be unreasonably withheld or delayed.
Page 3 of 20
Section 8. Right to Amend. If the FAA or its successor agency requires
modifications or amendments to this Lease as a condition precedent to the granting of
funds to the City for Airport improvements, Lessee agrees to consent to the
modifications or amendments to the Lease as may be reasonably required, provided,
however, Lessee will not be required to pay any increased rent, change the use of the
Premises, or accept a relocation or reduction in the size of the Premises until Lessee
and Airport have fully executed an amendment to this Lease that is mutually
satisfactory to both parties regarding any terms or conditions of this Lease affected by
said actions of the FAA.
Section 9. Subordination to U.S./FAA Requirements. This Lease is subordinate
to the provisions of any existing or future agreement between the City, acting through
the Airport, and the United States of America relating to the operation or maintenance
of the Airport, where the execution of the said agreement(s) is required as a condition
to the expenditure of federal funds for the development of the Airport. If the effect of
said agreement(s) with the United States, either under this Section 9 or under Section
8 above, is to remove any or all of the Premises from the control of Airport or to
substantially destroy the value of the Premises, then this Lease shall terminate
immediately without any further obligation on the part of City to Lessee.
Section 10. Development of Improvements.
A. Lessee shall not construct improvements upon the Premises without the
prior written approval of the Director and the City's Director of Engineering Services.
Where required by law, approval of the City is subject to the concurrence of the FAA.
Any constructed improvements must substantially conform to the plans, specifications,
and requirements approved by the City and FAA, if applicable.
B. When required by the City, Lessee will furnish to the City two sets of
complete plans and specifications for improvements proposed to be placed or
constructed on the Premises and complete as-built plans following completion of
construction. No work may be performed by Lessee or its contractors without the City's
prior written approval of such plans, acting through its Director and its Director of
Engineering Services.
C. Lessee shall be solely responsible for filing all plans, drawings, and
specifications for any planned improvements to the Premises to the City's Development
Services Department and to the City's Aviation Department prior to beginning
construction. Lessee shall be solely responsible for paying all plan review fees, permit
fees, and inspection fees charged by the City or other governmental authority with
jurisdiction.
D. Upon termination of this Lease, ownership of any improvements
constructed by Lessee on the Premises during the term of this Lease reverts to the City
free and clear of all liens, claims, and other encumbrances or adverse interest in the
Premises or the Improvements located thereon.
Page 4 of 20
E. ANY APPROVALS BY THE CITY UNDER THIS SECTION, INCLUDING,
BUT NOT LIMITED TO APPROVALS OF PLANS AND SPECIFICATIONS,
INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE
CONSTRUED AS A REPRESENTATION, WARRANTY, OR STATEMENT AS TO THE
QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF
ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING
IMPROVEMENTS) OR FACILITIES RELATED THERETO.
Section 11. Lessee's Repair and Maintenance Obligations.
A. Premises. Lessee, at its own expense, shall maintain the Premises and
improvements in good appearance and in a good, safe condition. Lessee shall maintain
all leasehold improvements on the Premises (including, without limitation, parking lots,
sidewalks, roofs, walls, partitions, floors, ceilings, windows, doors, and glass, and all
furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and
maintenance to keep the interior and exterior of the Premises and improvements in a
clean, attractive, and sanitary condition at all times. Any landscaping must be well-
maintained and kept in a neat and tidy condition by the Lessee. Lessee shall repair any
and all damage caused to real and personal property of City occurring on the Premises
as a result of the willful or negligent acts or omissions of Lessee, its officers, employees,
agents, guests, or invitees.
B. Quality of Maintenance. It is the intent of the City and Lessee that the
Premises and improvements will be repaired and maintained in a manner that shall
keep the Improvements intact, in good repair, and in a condition so that said
Improvements will be usable at the end of the Lease. Lessee must comply with the
maintenance obligations and with all applicable governmental laws, rules, or
regulations. The Director is the sole judge of the quality of Lessee's maintenance, which
must be reasonable and consistent with other properties. The Director may at any time,
during City's normal business hours, upon prior notice unless an emergency exists,
enter upon the Premises to determine if the maintenance requirements of this Lease
are being complied with by Lessee. The Director must notify Lessee in writing of any
default in maintenance or repair. If the required maintenance or repair in the Director's
notice to Lessee is not commenced within 10 business days after receipt of such written
notice or is not diligently prosecuted to completion, the Director may, but is not obligated
to do so, enter upon the Premises and perform the subject maintenance or repair.
Lessee agrees to reimburse the Airport for its cost plus 15% administrative fee within
30 days after the Director's written demand therefore, together with copies of all paid
receipts for such repairs and maintenance. Lessee will develop, within 30 days of
execution of this Lease, a preventative maintenance plan regarding the improvements
and provide a copy to the Director.
C. Correct Hazards. Lessee must immediately correct or cause to be
corrected any hazardous or potentially hazardous condition on the Premises upon
knowledge thereof, or after receipt of notice from the Director. At the Director's
reasonable discretion, the operations in the Premises, or affected portion of the
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Premises, may be restrained or stopped until the hazardous or potentially hazardous
condition is removed or corrected.
Section 12. Security. Lessee, its officers, employees, agents, contractors, and
invitees must comply with all applicable federal and local security regulations, as the
same may be amended. To the extent allowed by law, Lessee covenants to indemnify
and hold harmless City, its officers, and employees from any charges, fines, or penalties
that may be assessed or levied by the FAA or Transportation Security Administration by
reason of the negligent or intentional failure of Lessee, its officers, employees, agents,
contractors, or invitees to comply with security regulations, regardless of whether the
fine, charge, or penalty is levied against the City or the Lessee.
Section 13. CFR Part 77 Requirements. Lessee covenants to comply with the
notification and review requirements set out in Part 77 of the FAA Regulations 14 CFR
Part 77, as amended, if Lessee plans to construct or modify any structure, antenna, or
building located on the Premises or to be constructed on the Premises as an
Improvement.
Section 14. Control of Structures. Lessee shall not erect nor permit the erection of
any structure, antenna, or building, nor permit the growth of any tree on the Premises,
which has its highest point above a mean sea level elevation established by FAA and
the City as a height limitation on said structure, antenna, building, or object. The City
may enter the Premises and remove the encroaching structure, antenna, building, or
object without notice and at the Lessee's expense plus an additional administrative
charge of 15%.
Section 15. Aerial Approaches. The Director may take any action necessary to
protect the Airport's aerial approaches against obstruction, including the right to prevent
Lessee from erecting or permitting to be erected any building or structure on or adjacent
to the Airport which, in the Director's opinion, would limit the usefulness of the Airport or
constitute a hazard to aircraft.
Section 16. Hazardous Substances and Materials.
A. For the purposes of this Lease, "hazardous substance or material"
means and refers to one or more of the following:
1 . Asbestos;
2. Any substance, material or waste defined as a "hazardous waste"
pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C.
Section 6901 , et. seq.);
3. Any substance, material or waste defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.);
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4. Any substance, material or waste defined as a "regulated
substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C.
Section 6991 , et. seq.); and
5. Any substance, material or waste which is reasonably considered
by the City to pose an actual or potential threat to persons or property in, around, or
on the Premises.
B. Lessee shall comply with all environmental laws, rules, regulations,
orders and permits applicable to the use of the Premises and improvements including,
but not limited to, required National Pollutant Discharge Elimination System Permits
and all applicable laws relating to the use, storage, generation, treatment,
transportation, or disposal of hazardous or regulated substances. Except for the
hazardous substances governed by and transported in full compliance with the
transportation laws of the state or federal government, Lessee must not knowingly use,
store, generate, treat, transport, or dispose of any hazardous or regulated substances,
materials, or waste on or near the Premises without the Director's prior written approval
and without first obtaining all required permits and approvals from all authorities having
jurisdiction over the operations conducted on the Premises. No fuel storage tanks shall
be located or permitted on the Premises.
C. If Lessee determines that a threat to the environment including, but not
limited to, a release, discharge, spill or deposit of a hazardous substance or material as
defined herein has occurred or is occurring which affects or threatens to affect the
Premises or the persons, structures, equipment, or other property upon the Premises
or the Airport, Lessee must immediately notify by oral report in person or by telephone,
to be promptly confirmed in writing, the Director. Lessee must cooperate fully with the
Director in promptly responding to, reporting, and remedying a threat to the environment
including, without limitation, a release or threat of release of a hazardous or regulated
substance into the drainage system, soil, ground or surface water, waters, or
atmosphere in accordance with applicable law or as authorized or approved by any
federal, state, or local agency having authority over environmental matters.
D. Lessee shall keep a readily accessible file of Safety Data Sheets ("SDS")
for each hazardous material or substance on the Premises or transported, in accordance
with federal and state transportation laws, which file must be posted and immediately
available to any Airport employee who responds to a report of a discharge of a
hazardous substance or material on the Premises. Lessee will require any operator of
the facilities on the Premises to use best efforts to determine which hazardous
substance or material was accidentally discharged and ensure that the SDS sheet is
available for the first responders to the Premises.
E. Lessee will cause prompt remediation and the payment of all costs
associated with any action or inaction of Lessee that directly or indirectly prevents the
City, acting through the Airport, from materially conforming to all then applicable
environmental laws, rules, regulations, orders, or permits relating to the Premises. The
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rights and obligations set forth in this section shall survive the expiration or earlier
termination of this Lease.
F. Lessee shall furnish to the Director, within five days of receipt by Lessee,
copies of any and all notices or correspondence directed to Lessee or any other party
at the Premises from any governmental entity, other entity, or person indicating a
violation or possible violation of any laws, rules, or regulations including, without
limitation, any law, rule, or regulation regarding any hazardous substance or material
(as such term is defined in this Lease).
Section 17. Nondiscrimination/Affirmative Action.
A. Nondiscrimination-General. Lessee for itself, and as a requirement for
any sublessee, their personal representatives, successors in interest, and assigns, as
a part of the consideration hereof covenants that: (1) no person on the grounds of race,
creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation
will be excluded from participation in, denied the benefits of or otherwise be subjected
to discrimination in the use of the Premises; (2) in the construction of any improvements
on, over, or under the Premises and the furnishing of services thereon, no person on
the grounds of race, color, religion, sex, age, national origin, handicap, or political belief
or affiliation will be excluded from participation in, denied the benefits of, or otherwise
be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises
and Improvements to be in compliance with all other requirements imposed by or
pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title
VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in
Federally Assisted Programs of the Department of Transportation, and as said Title and
Regulations may be amended, and with other applicable state or federal laws or
regulations, as amended.
B. Nondiscrimination-Business Owner. This agreement (aka Lease) is
subject to the requirements of the U.S. Department of Transportation's regulations, 49
CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not
discriminate against any business owner because of the owner's race, color, national
origin, or sex in connection with the award or performance of any concession
agreement, management contract, or subcontract, purchase or lease agreement, or
other agreement covered by 49 CFR Part 23. The concessionaire or contractor
(Lessee) agrees to include the above statements in any subsequent concession
agreement or contract covered by 49 CFR Part 23 that it enters and causes those
businesses to similarly include the statements in further agreements.
C. Remedy for Breach. If the Lessee is found by a final verdict of a court of
competent jurisdiction to have deliberately breached a non-discrimination covenant, or
to have permitted any sublessee to deliberately breach a non-discrimination covenant,
the City may immediately enforce the remedies directed by the Court's decision, which
may include the City's right to reenter the Premises, retake possession thereof, and
terminate the Lease. This provision is not effective until the procedures of Title 49, Code
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of Federal Regulations, Part 21 are completed, including exercise of any rights to
appeal.
D. Affirmative Action. The Lessee will undertake any affirmative action
program if required by 14 CFR Part 152, Subpart E, to ensure that the Lessee will not
exclude any person from participating in any employment activity covered by 14 CFR
Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or
disability. The Lessee will not exclude any person on these grounds from participation
in or the receipt of the service or benefit of any program or activity covered by the
subpart. The Lessee further understands that it will require its covered sub
organizations, if any, to provide assurances to the City that they will also undertake any
required affirmative action programs, if required, and require assurances from their sub-
organizations, if required pursuant to 14 CFR Part 152, Subpart E. Lessee, at no
expense to the City, shall comply with any applicable requirements of the Americans
with Disabilities (ADA), as it may be amended, with respect to the Premises and its
improvements.
Section 18. Compliance with Laws.
A. General. Lessee covenants to promptly observe, comply with and
execute, and shall cause any sublessee to promptly observe, comply with and execute,
the provisions of any and all present and future governmental laws, ordinances, rules,
regulations, requirements, orders and directions applicable to the use and occupancy
of the Premises. A breach of this covenant, which is not remedied within any permitted
cure period, may be cause for City's exercising its rights under the Lease.
B. Federal. Lessee shall comply and shall require any sublessee to comply
with all applicable federal laws, rules, and regulations including, without limitation, the
Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with
Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses
and operations at the Premises.
C. State. Lessee shall comply with all applicable laws, rules, and
regulations of the State of Texas.
D. Local. Lessee shall comply with all applicable City ordinances, and rules
and regulations promulgated by the Director.
Section 19. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES
THAT IT IS LEASING THE PREMISES "AS IS"WITH ALL FAULTS INCLUDING, BUT
NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND
STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST
ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT
OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE
CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES
THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE
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OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE
SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE
INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION.
THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS,
RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD
APPLICABLE TO THE PREMISES.
Section 21. City's Obligations.
A. City agrees to operate the Corpus Christi International Airport as a public
airport during the term of this Lease, subject to the assurances given by the City to the
United States Government.
B. In exchange for Lessee's promise to maintain the Premises, the City
agrees to make water and wastewater services available to the Premises property line
on the same basis as it is made available to all businesses operating at the Airport.
Lessee must procure and pay for all utility usage, such as gas, water, wastewater,
cable, Internet, and telephone charges that are supplied to the Premises during the term
of the Lease as the charges become due and payable. IN NO EVENT WILL THE CITY
BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY
UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HAS
AGREED TO FURNISH.
C. If City causes Lessee's ingress or egress to be interrupted for more than
twenty-four(24) hours, the City will consider rent reduction for days of non-use.
Section 22. Insurance. Lessee must provide insurance in the amounts and types of
coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk
Manager") as are set out in the attached Exhibit C, the content of which is incorporated
into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of
insurance to be provided to the Director and Risk Manager not less than 30 days prior
to the annual anniversary date of the Effective Date of this Lease. The Risk Manager
will annually assess the level and types of insurance required by the Lessee. The Risk
Manager may increase or decrease the level or types of insurance by giving Lessee
notice not less than 60 days prior to the annual anniversary date of the Effective Date
of the Lease. Lessee shall have 30 days to procure the changed insurance and provide
written proof of insurance to the Director and Risk Manager.
Section 23. Indemnification.
A. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND
WITHOUT WAIVING ANY DEFENSES, EACH PARTY ("INDEMNITOR") SHALL
INDEMNIFY, HOLD HARMLESS, AND DEFEND THE OTHER, ITS OFFICERS,
EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY,
"INDEMNITEES") FROM AND AGAINST ANYAND ALL LIABILITY, LOSS, CLAIMS,
DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS,
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CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL
EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION),
COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS
FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS'
COMPENSA TION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY
OTHER KIND OF DAMAGES, WHICH ARISE OUT OF ANY ACT OR OMISSION OF
THE INDEMNITOR OR ITS OFFICERS, EMPLOYEES, REPRESENTATIVES OR
AGENTS UNDER THIS LEASE OR THE PERFORMANCE OF THIS LEASE..
INDEMNITOR 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
INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER
COSTS AND EXPENSES OFANY KIND ARISING FROM OR OUT OFANY OF SAID
LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR
DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS
SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
LEASE.
B. Notice of Claim or Action. Notwithstanding the above indemnifications,
Lessee must give the Director and Risk Manager written notice of any accident or other
matter covered under this section and forward to the Director and Risk Manager copies
of every notice, demand, claim, summons, or other process communication received
within 10 days of Lessee's receipt of same.
Section 24. Assignment and Sublease.
A. Lessee shall not assign this Lease or sublease the Premises or any part
thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any
concession or license within the Premises without the express prior written consent of
the City, such consent being within the sole discretion of the City, and any attempt to do
any of the foregoing shall be void and of no effect. In the event of any such assignment
or sublease, attempted assignment or sublease, or should Lessee, in any other nature
of transaction, allow or attempt to allow anyone to occupy the Premises or any portion
thereof, City shall upon such occurrence have the right and option to terminate and
cancel this Lease effective upon 10 days written notice to Lessee given by City at any
time thereafter, and City may terminate and cancel either as to the entire Premises or
as to only the portion thereof which Lessee assigned, subleased, attempted to assign
or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable
for payment of the fair market value of rents for the portion of the Premises used without
consent of the City, such fair market value to be determined by review of the Airport's
current property appraisal report. In the event the City elects to terminate this Lease as
to the aforesaid portion of the Premises, then the rent as to the remainder of the
Premises may thereafter be reduced as appropriate and as determined by the City. This
prohibition against assigning, subletting, attempting to assign or sublet, and allowing or
attempting to allow occupancy by another without the City's consent is to be construed
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to include a prohibition against any assignment, subletting, or occupancy by operation
of law.
B. In any case where the City consents to a sublease of the leasehold,
Lessee will remain liable for the performance of all terms, conditions, covenants, duties,
and obligations of this Lease including, without limitation, the obligation to pay any and
all sums required by this Lease to be paid and faithful adherence and performance of
all indemnity provisions provided in this Lease.
Section 25. Termination.
A. Termination by Lessee. Without limiting any other rights and remedies
to which Lessee may be entitled by common law, statutory law, or as elsewhere
provided in this Lease, this Lease may be terminated by Lessee at any time upon the
occurrence of one or more of the following events:
1 . The City's permanent abandonment of the Airport;
2. The lawful assumption by the U.S. Government, or any authorized
agency thereof, of the operation, control, or use of the Airport, or of any substantial part
or parts thereof, which substantially restricts the Lessee from operating at the Premises
for a minimum of 180 days; or
a. The issuance by any court of competent jurisdiction of an
injunction that prevents or restrains the use of the Airport or the
Premises that continues for at least 180 days; or
b. The default by the City in the performance of any covenant or
obligation to be performed by the City and such failure to remedy
the default continues for a period in excess of 60 days after
receipt from Lessee of written notice to remedy the same.
B. Termination by City. Without limiting any other rights and remedies to
which City may be entitled at common law, statutory law, or as elsewhere provided in
this Lease, this Lease may be terminated by the City if Lessee:
1 . Is in arrears in payment the rent, fees, or other charges due under the
Lease for 10 days or more;
2. Becomes insolvent, takes the benefit of any present or future insolvency
statute; makes a general assignment for the benefit of creditors; files a voluntary petition
in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its
Indebtedness under the federal bankruptcy laws or under any other law or statute of
the United States or of any state thereof; or consents to the appointment of a receiver,
trustee, or liquidator of all or substantially all of its property;
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3. Has a petition filed under any part of the federal bankruptcy laws, or any
action sought under any present of future insolvency law or statute, against Lessee and
which is not dismissed within 30 days after the filing date;
4. Abandons the Premises ["abandon" shall mean failing to use the
Premises for aeronautical activities and services as defined in current FAA Order
5190.613 FAA Airport Compliance Manual] for a period in excess of 90 days; or
5. Otherwise defaults in the performance of any other material covenant of
this Lease and continues the default for 30 days, or such other time as may be provided
herein, after receipt of written notice from the Director of the default. If the default cannot
reasonably be cured within said 30 days or within any other time as set out in the notice
of default, Lessee shall not be deemed in default if Lessee commences the remedy
process with the applicable period and thereafter diligently prosecutes the same to
completion with a reasonable time period as agreed to by the Director; otherwise,
Lessee will be determined to be in default.
C. City's Right to Entry upon Termination. If the Lease is terminated, the
City may enter upon the Premises. In the event of termination, the Director may enter
onto the Premises to remove any and all persons or property from the Premises and
place any property in storage for the account of and at the expense of Lessee.
Excluding personal property provided at the Premises by the City which forms
part of the granted use under this Lease, all personal property on the Premises
except Protected Health Information (PHI) as defined by the Health Insurance
Portability Accountability Act (HIPAA) is hereby subjected to a contractual
landlord's lien to secure payment of delinquent rent and other sums due and
unpaid under this Lease, any and all exemption laws are hereby expressly waived
in favor of said landlord's lien; and it is agreed that said landlord's lien is not a
waiver of any statutory or other lien given, or which may be given, to City but is in
addition thereto. In the case of termination by either party, if Lessee fails to remove
any of its furniture, fixtures, equipment, or other personal property from the Premises
within 10 days following the termination of this Lease, Director may, at his option, take
title to said personal property, remove the same, and sell the property found on the
Premises at a public or private sale with proceeds of the sale applied first to the cost of
the sale, then to the cost of storage of the property, if any, and then to the indebtedness
of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein
designated. To the extent allowed bylaw, Lessee further agrees to indemnify and
hold harmless City, including its officers, agents, and employees, from and
against any loss or damage or claim arising out of City's action in collecting
monies owed to it under this paragraph, except for any loss, damage, or claim
caused by the gross negligence or willful misconduct of City or its employees.
D. Notice of Termination. If an event of material default occurs, and after
due written notice identifying the default, the defaulting party has failed to cure or failed
to commence to cure, the complaining party may at any time after the expiration of any
such cure period terminate this Lease by providing written notice of termination to the
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defaulting party. The Lease will be terminated on the date specified in the notice but
not sooner than 10 business days after the postmarked date of the notice.
E. Improvements Revert to City. Except for the right of Lessee to remove
personal property at the expiration of the Lease, ownership of all improvements placed
or constructed on the Premises by Lessee revert to the City upon the expiration or earlier
termination of this Lease.
Section 26. Re-delivery of Premises. Upon the expiration or earlier termination of this
Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good
condition as the same now are or may be hereafter improved by Lessee or City, normal
use and wear excepted.
Section 27. Holdover. Any holding over by Lessee of the Premises after the expiration
of this Lease will be on a month-to-month tenancy at sufferance not to exceed 18
months, at the then current monthly rent amount, and subject to surrender upon 30 days'
prior written notice. Failure to timely surrender the Premises following written notice
subjects Lessee to a monthly holdover fee of 125% of the then-current fair market rental
value for the Premises.
Section 28. Notices.
A. With the exception of immediate notices to be provided to the City under
the hazardous materials/substances provision of Section 16 and the indemnification
provisions of Section 23 of this Lease, all notices required to be sent under this Lease
are deemed sufficient if in writing and sent by certified mail, return receipt requested,
postage prepaid, or by overnight delivery service with proof of delivery, or delivered in
person, and as properly addressed below:
If to City: Director of Aviation
Corpus Christi International Airport
1000 International Drive
Corpus Christi, TX 78406
If to Lessee:
Driscoll Children's Hospital
Attn: President and Chief
Executive Officer
3533 South Alameda
Corpus Christi, TX 78411
Copy to: Driscoll Children's Hospital
Attn: Legal Department
3533 South Alameda
Corpus Christi, TX 78411
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B. Either party may change the address to which notice must be addressed
under this section by providing the other party with notice of the new address within 10
days of the change under any of the methods set out in this section.
Section 29. Disclosure of Interest; Conflicts of Interest.
A. The City's Code of Ordinances, Section 2-349, as amended, requires all
persons seeking to do business with the City to complete and provide a "Disclosure of
Interest" form of the type attached to this Lease as Exhibit D. The content of the
completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set
out in this section. Lessee is obligated to provide an updated Disclosure of Interest
should any information submitted in Exhibit D and incorporated into this Lease by
reference change during the pendency of this Lease for approval by the City Council
and prior to the City's execution of the same.
B. Additionally, Lessee agrees, in compliance with Texas statutory
requirements, to electronically complete and file Form 1295 "Certificate of Interested
Parties" on the Texas Ethics Commission's website and to provide the certified,
executed, and notarized form to the City as a condition of this Lease.
Section 30. General Provisions.
A. Mineral Rights. The City expressly reserves all water, gas, oil, and
mineral rights in and under the soil beneath the Premises in which it holds an interest
and reserves the right to conduct or provide for testing and removal of any such City-
owned water, gas, oil, or minerals from the Premises.
B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at
any time to declare a forfeiture of this Lease for any breach or default whatsoever
hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for
like or other or succeeding breach or default.
C. Force Majeure. Neither City nor Lessee will be deemed to be in breach
of this Lease if either is prevented from performing any of its obligations under this
Lease by reason of force majeure, provided however that nothing in this paragraph shall
excuse the Lessee from the prompt payment of any rental payments except as may be
expressly provided in this Lease and further provided that the party relying on this
paragraph shall provide written notice to the other party of the force majeure event
within 3 business days of such event. "Force Majeure" for the purposes of this Lease
means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts
of God to include severe inclement weather and sustained periods of rain or snow, civil
commotion, fire or other casualty, and other causes beyond the reasonable control of
the party obligated to perform and claiming the force majeure. Failure of a party to
provide timely notice of an event of force majeure, pursuant to this paragraph, waives
force majeure as a defense to nonperformance.
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D. Rules and Regulations. City has adopted minimum operational
standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"),
which shall govern Lessee in the use of the Premises and all common facilities, a copy
of each of which has been furnished to the Lessee and are incorporated herein by
reference. Lessee agrees to comply fully at all times with these governing documents.
City, in its sole discretion, shall have the right to amend, modify, and alter these
Minimum Standards and Rules and Regulations from time to time in a reasonable
manner and may introduce other regulations as deemed necessary for the purpose of
assuring the safety, welfare, convenience, and protection of property of City, Lessee,
and all other tenants and customers of the Airport; provided, however, that City shall give
Lessee reasonable advance notice of any such amendments, modifications, or
alternations of the Minimum Standards and Rules and Regulations.
E. Venue. Venue for any action brought under this Lease lies in Nueces
County, Texas, where the Lease was executed and will be performed.
F. No Third Party Benefit. No provision of this Lease creates a third-party
claim against the City or the Lessee beyond that which may legally exist in the absence
of any such provision.
G. Permits, Licenses, and Taxes. Lessee shall procure all permits and
licenses, pay all charges, fees, and applicable taxes including, but not limited to, all
payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related
taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15,
as it may be amended, and give all notices and respond to all communications that are
necessary and incident to the due and lawful conduct of business at and occupancy of
the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days
after the City Manager's written request for the same.
H. Trash and Refuse. Lessee must arrange for the collection and lawful
disposal of all trash and other refuse resulting from operations on the Premises; must
provide and use suitable receptacles approved by the Director for all trash and other
refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels,
or other similar items in or within view from a public area; and must pay, or cause to be
paid, the costs associated with trash removal and disposal.
I. Delegation. Any obligations of the Lessee required by this Lease may
be delegated to any approved sublessee by the terms of the sublease agreement
between the parties, provided, however, that any such delegation shall not relieve
Lessee of its liability, responsibilities, and obligations under this Lease.
J. Publication. Lessee must pay all newspaper publication costs, if any,
for this Lease as required by the City Charter.
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K. Incorporation of Exhibits. All exhibits referred to in this Lease are
intended to be and hereby are specifically made a part of this Lease.
Exhibit A - Site Location Plan
Exhibit B - Leased Premises
Exhibit C - Insurance Requirements
Exhibit D - Disclosure of Interest
L. Incorporation of Required Provisions. City and Lessee incorporate
herein by this reference all provisions lawfully required to be contained herein by any
governmental body or agency.
M. Nonexclusive Rights. It is understood and agreed that nothing herein
contained shall be construed to grant to Lessee any exclusive right or privilege within
the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct
of any activity on the Airport, except that, subject to the terms and provisions hereof,
Lessee shall have the right to exclusive possession of the Premises.
N. Removal of Disabled Aircraft. Lessee shall promptly remove any
disabled aircraft that is in the care, custody, or control of Lessee from any part of the
Airport (other than the Premises) including, without limitation, runways, taxiways,
aprons, and gate positions and place any such disabled aircraft in a storage area as
may be designated by the Director. Except as to aircraft subject to bailment and/or for
which Lessee is owed money from a customer, Lessee may store such disabled aircraft
only for such length of time and on such terms and conditions as may be established
by City. If Lessee fails to remove any of disabled aircraft promptly, the Director may,
but shall not be obligated to, cause the removal of such disabled aircraft, provided,
however, the obligation to remove or store such disabled aircraft shall not be
inconsistent with federal laws and regulations and Lessee agrees to reimburse City for
all costs of such removal, and Lessee further hereby releases City from any and all
claims for damage to the disabled aircraft or otherwise arising from or in any way
connected with such removal by City unless caused by the negligence or recklessness
of City.
O. Airport Access License/Permit. City reserves the right to establish a
licensing or permit procedure for vehicles requiring access to the Airport operational
areas and to levy directly against Lessee or its suppliers a reasonable regulatory or
administrative charge (to recover the cost of any such program) for issuance of such
Airport access license or permit.
P. Reservations re: Airspace. There is hereby reserved to the City, its
successors, and assigns, for the use and benefit of the public, a right of flight for the
passage of aircraft in the airspace above the surface of the Premises.
Page 17 of 20
Q. Inspection of Books and Records.
1 . Upon written request from an authorized representative of the City,
Lessee agrees to make the books and records applicable to Lessee's obligations under
this Lease available to the City or its authorized representative for review at a mutually
agreeable time and place.
2. Until the expiration of four years after the furnishing of Services of the
parties' Original Lease and this Lease, City shall make available, upon written request
of the Secretary of Health & Human Services ("HHS"), or upon request of the
Comptroller General of the United States, or any of their duly authorized
representatives, this Agreement, and books, documents, and records of such party that
are necessary to certify the nature and extent of such costs. If City carries out any of
the duties of the Agreement through a subcontract with a value of $10,000.00 or more
over a 12-month period with a related individual or organization, City agrees to include
this requirement in any such subcontract; and if City receives a request or demand to
disclose any books, documents or records relevant to this Agreement for the purpose
of an audit or investigation, City shall immediately (and no later than two business days
after receipt of such request or demand) notify Lessee in writing of the nature and scope
of such request or demand. City shall make available to Lessee, upon written request
of Lessee, all such books, documents, or records.
R. Independent Contractor. Lessee is not an employee or agent of the
City by reason of this Lease or otherwise. Lessee shall be solely responsible for its own
acts and omissions and the acts and omissions of its employees, representatives,
agents, contractors, and subcontractors arising from or relating to its operations or
activities at the Airport or the lease of the Premises.
S. Authority of Lessee. Lessee warrants and represents that it has the
right, power, and legal capacity to enter into and perform its obligations under this
Lease, and no approvals or consents of any additional persons are necessary in
connection with it. The execution, delivery, and performance of this Lease by the
undersigned Lessee representative have been duly authorized by all necessary
corporate action of Lessee, and this Lease constitutes a legal, valid, and binding
obligation of Lessee, enforceable in accordance with its terms.
T. Authority of the Director of Aviation. The Director shall administer
this Lease on behalf of City. Whenever this Lease calls for approval by the City, such
approval shall be evidenced, in writing, by either the Director or by the City Manager if
so required by the City's City Charter. In no event shall this language be considered a
waiver by Lessee to object to decisions made by the Director which the Lessee
considers to be arbitrary, capricious, or inconsistent with any express obligations to act
reasonably as set forth in this Lease.
U. Consent. Unless stipulated otherwise herein, whenever the consent or
approval of either party is required or authorized under this Lease, such consent or
Page 18 of 20
approval shall not be unreasonably withheld, unreasonably conditioned, or
unreasonably delayed.
V. Net Lease. It is the intent and purpose of the City and Lessee that all rent
payable by Lessee shall be absolutely net to the City so that this Lease shall yield to
City the entire rent specified, in each year of this Lease, free of any charges,
assessments, impositions, or deductions of any kind or character which may be
charged, assessed, or imposed on or against Lessee or the Premises and without
abatement, deduction, or set-off by Lessee (other than the Section 3 abatement, in
accordance with this Lease).
W. Noise Control. Lessee, for itself and each of its officers,
representatives, agents, employees, contractors, subcontractors, invitees, guests, and
suppliers shall not conduct any operation or activity on the Premises, or elsewhere at,
in, or on the Airport in which the sound emitting therefrom is of such volume,
frequency, or intensity at such time as to constitute a nuisance. The Director shall
have the sole authority to determine what constitutes a nuisance under the provisions
of this Lease, except those operations and activities having noise levels not in violation
of federal, State, or local governmental standards shall not be deemed a nuisance.
X. Time is of the Essence. Time shall be of the essence in complying with
the terms, conditions, and provisions of this Lease.
Y. Vehicular Parking. Vehicular parking in the areas included in the
Premises shall be restricted to parking directly related to Lessee's operations on the
Premises by Lessee, its officers, employees, representatives, agents, contractors,
subcontractors, invitees, guests, and suppliers. Access to vehicular parking areas
within the Premises shall be coordinated through the Airport's overall parking
management program.
Section 31. Entire Agreement
This Lease comprises the final and entire understanding and agreement, including all
terms and conditions included herein, between the parties hereto and supersedes all
other agreements, oral or otherwise, regarding the subject matter hereof, none of which
shall hereafter be deemed to exist or to bind the parties hereto. The parties intend that
neither shall be bound by any term, condition, or representation not herein written.
(EXECUTION PAGE FOLLOWS)
Page 19 of 20
EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below.
CITY OF CORPUS CHRISTI DRISCOLL CHILDREN'S HOSPITAL
Heather Hurlbert, Eric Hamon,
Assistant City Manager President & Chief Executive Officer
Date: Date: 2/1/2024
ATTEST
Rebecca Huerta,
City Secretary
Date:
Approved as to form:
Assistant City Attorney for Miles Risley,
City Attorney
Page 20 of 20
r _ ,
w
v
Driscoll Children's Hospital
Glasson D
x EXHIBIT A Prepared by: Randy Schumann
'
4%k
DRISCOLL CHILDREN'S HOSPITAL SITE LOCATION PLAN
t,-�w 3201nternational Drive Approved by: Kevin Smith
Corpus Christi
Date: 05/03/2023
s International Airport Not to Scale Sheet No.1of1
i
LEGEND
Hangar (3,120 sq.ft.)
Offices (3,000 sq.ft.)
Storage (180 sq.ft.) '
Concrete Apron (6,488 sq.ft.) �
t
9 Unimproved Land (87,260 sq.ft.)
Vehicle Area (8,952 sq.ft.)
0 -
1`1w will,
r,
N EXHIBIT B Prepared by: Randy Schumann
`` CC' A DRISCOLL CHILDREN'S HOSPITAL LEASED PREMISES
w- E � 3201nternationalDrive A
� pproved by: Kevin Smith
Corpus Christi
s International Airport Not to Scale Sheet No.I oft Date: 05/03/2023
12'
60' 40'
APRON
i
GROUND FLOOR PLAN
40'
HANGAR 3,120 sq.ft. HANGAR
OFFICE 1,500 sq.ft. —
STORAGE 180 sq.ft. 12'
I
APRON 6,488 sq.ft. APRON
STORAGE L
11 V1 I
� o
II
EQOIPMENT
LEGEND LOBBY
APRON � -
OFFICES
` APRON
SIR OFC 4
\ OF"
HALLWAY�
KITCHEN OFFIOE,2
OFC-1
SECOND FLOOR PLAN
OFFICE 1,500 sq.ft.
NEXHIBIT B Prepared by: Randy Schumann
CCI '`�'
DRISCOLL CHILDRENS HOSPITAL LEASED PREMISES
w E ��w 320 International Drive Approved by: Kevin Smith
Corpus Christi
Date: 05/03/2023
s International Airport Not to Scale Sheet No.2of2
EXHIBIT C
INSURANCE REQUIREMENTS
Driscoll Children's Hospital
I. LESSEE'S LIABILITY INSURANCE
A. Lessee must not commence work under this agreement until all insurance required has been obtained and
such insurance has been approved by the City. Lessee must not allow any subcontractor to commence
work until all similar insurance required of any subcontractor has been obtained.
B. Lessee must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of
Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional
insured on the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation
is required on all applicable policies. Endorsements must be provided with COI. Project name and/or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises—Operations
3. Products/ Completed Operations $10,000,000 Per Occurrence El
4. Contractual Liability
5. Independent Contractors $20,000,000 Per Occurrence ❑
6. Personal Injury- Advertising Injury
Required ® Not Required ❑
AUTO LIABILITY (including) $5,000,000 Combined Single Limit
1. Owned
2. Hired and Non-Owned
3. Rented/Leased Required ® Not Required ❑
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $1,000,000 /$1,000,000 /$1,000,000
Required ® Not Required ❑
HANGARKEEPERS LIABILITY $2,000,000 Per Occurrence
Repair, taxiing or towing of aircraft, or in any $2,000,000 Per Aircraft
way having care, custody or control of third-
parry aircraft. Required ® Not Required ❑
AIRCRAFT LIABILITY (including) $1,000,000 Per Occurrence
1. Owned
2. Hired and Non-Owned
3. Rented/Leased $10,000,000 El
Per Occurrence
Bodily Injury and Property Damage Including $20,000,000 Per Occurrence ❑
Passengers, Caused by Operations of Aircraft.
In Air and On Ground. Required ® Not Required ❑
Commercial Self-Fueling.
AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence
(FBO's)
Including products and completed operations,
property damage,bodily injury,and owned and
non-owned aircraft coverage. Required ❑ Not Required 0
CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence
Lessee shall name the City of Corpus Christi,
Texas as Loss Payee Required ❑ Not Required 0
POLLUTION LEGAL LIABILITY $2,000,000 Per Claim
(Including Cleanup and Remediation) (Defense costs not included in face value of the
Fuel Storage Tanks and Fueling or Refueling policy)
Operations. 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.
Required 0 Not Required ❑
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for
insuring all owned, leased or rented personal property.
Required 0 Not Required ❑
PROPERTY INSURANCE $1,000,000 Per Occurrence
Lessee shall maintain property coverage on an
"ALL RISK OF PHYSICAL LOSS" form for
100% of the value of all improvements leased
from the City. Coverage shall include fire,
wind, hail, theft, vandalism, and malicious
mischief. Coverage shall be written on a
replacement cost basis.
Lessee shall name the City of Corpus Christi, Required ® Not Required ❑
Texas as Loss Payee.
Subcontractors
Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Lessee shall ensure that City is an additional insured on insurance required from
subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as
broad as CG 20 38 04 13.
Required 0 Not Required ❑
C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient
to assure that all workers' compensation obligations incurred by the Lessee will be promptly met.
B. Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any
extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance,all insurance policies are to contain
or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies must provide a waiver of subrogation in favor of
the City; and
• Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,
material change or termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
E. Within 5 calendar days of a cancellation,non-renewal,material change or termination of coverage, Lessee
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Lessee's performance should there be a lapse in coverage at any time during this
agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of
this agreement.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required,the City shall have the
right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be
held responsible for payments of damages to persons or property resulting from Lessee's or its
subcontractor's performance of the work covered under this agreement.
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2022 Insurance Requirements
Ins. Req. Exhibit- Aviation
Contracts for General Services Performed Onsite—Driscoll Children's Hospital
07/15/2022 Risk Management—Legal Dept.
.mss cr
o a
ATTACHMENT D: DISCLOSURE OF INTEREST FORM
CITY OF CORPUS CHRISTI
Ra DISCLOSURE OF INTEREST
1852
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with
the City to provide the following information. Every question must be answered. If the question
is not applicable, answer with "NA". See next page for Filing Requirements,
COMPANY NAME: Driscoll Children's Hospital
P. O. BOX: STREET ADDRESS: 3533 S. Alameda
CITY: Corpus Christi STATE: Texas ZIP: 78411_
FIRM IS: 1. Corporation ❑ 2.Partnership 3.Sole Owner F74. Association 5.Other Ix
501 (c)(3)
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)
n/a
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
n/a
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
n/a
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
n/a
Page 1 of 21
RFQ Revised 4.19.2019
FILING REQUIREMENTS
If a person who requests official action on a matter knows which the requested action will confer
an economic benefit on any City official or employee which is distinguishable from the effect
which the action will have on members of the public in general or a substantial segment thereof,
you must disclose which fact in a signed writing to the City official, employee or body which has
been requested to act in the matter, unless the interest of the City official or employee in the
matter is apparent. The disclosure must also be made in a signed writing filed with the City
Secretary. [Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
I certify which all information provided is true and correct as of the date of this statement, which
I have not knowingly withheld disclosure of any information requested; and which supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Jeremy Goodman Title: Director
Digitally signed by Jeremy Goodman
DN'.C-1S,CN-Jeremy Goodman,
Signature of eas@th
tt erg 2/1 /2024
Jeremy GoodmanL,atinlammaangI,ains.°�manr
Eat.on2your signing524-6 here
Certifying Person: °ox;rPna4romPOFV.rs;o 0
3 Date:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city,
including the board of any corporation created by the city.
b. "Economic benefit". An action which is likely to affect an economic interest if it is likely to
have an effect on which interest which is distinguishable from its effect on members of the
public in general or a substantial segment thereof.
c. "Employee." Any person employed by the city,whether under civil service or not, including
part-time employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service,
including but not limited to, entities operated in the form of sole proprietorship, as self-
employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust, and entities which for purposes of taxation are treated as non-profit
organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of
the City of Corpus Christi, Texas.
f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements.
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Page 2 of 2
RFQ Revised 4.19.2019
Ordinance authorizing the City Manager to execute a five-year lease
agreement with Driscoll Children's Hospital for hangar, office,
storage, and parking space at Corpus Christi International Airport,
with four one-year options to renew, in consideration of monthly lease
payments of$4,164.48 in the first year and annual rate increases.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
The City Manager or designee is authorized to execute a five-year lease agreement with
four one-year renewal options with Driscoll Children's Hospital for hangar, office, storage,
and parking space at the Corpus Christi International Airport, in consideration of monthly
lease payments of $4,164.48 for the first year and annual rate increases. A copy of the
executed lease shall be filed in the office of the City Secretary.
Introduced and voted on the day of , 2024.
PASSED and APPROVED on the day of , 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
CCI A
AUM
Corpus Christi
International Airport
Driscoll Children's Hospital
Lease Agreement
Council Presentation
February 13, 2024
Proposed Lease Agreement CrC^
p g Corpus Christi
International Airport
LEGEND
Hangar (3,120 sq.ft.)
Offices (3,000 sq.ft.)
Storage (180 sq.ft.)
# Concrete Apron Ili 448 sq.ft.
J
�i Unimproved Lan,(87,260 sq.f[.)
Vehicle Area (8,952 sq.ft.)
{
C pr I
� w
aim
• Driscoll Children's Hospital will lease the hangar,associated office space,storage,apron, and parking
spaces.
Proposed Lease Agreement CrC^
p g Corpus Christi
International Airport
• The leased premises will continue to serve as the
hospital's on-airport base of operations for
ambulance operations using ground vehicles, fixed-
wing aircraft, and helicopters.
• The premises also includes training facilities, storage
areas, and living quarters for staff who are on duty
.—
twenty-four hours per day. ,,.�� �`��-=V li �
a —
• City Staff recommends approval of the five-year
lease agreement.
• The Airport Board recommended approval of the
lease agreement at their regular scheduled meeting.
0'�
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 20, 2024
DATE: February 20, 2024
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikemaa-cctexas.com
(361) 886-2601
Purchase of Body-Worn Cameras and Related Equipment for the Corpus Christi Police
Department
CAPTION:
Motion authorizing the purchase of 100 additional body-worn cameras and related equipment from
Turn-Key Mobile, of Jefferson City, Missouri, through the Texas Department of Information Resources,
for the Corpus Christi Police Department in an amount of $193,356.00, with funding from the Police
Grants Fund and the Law Enforcement Trust Fund.
SUMMARY:
This motion authorizes the purchase of 100 additional body-worn cameras and related equipment for
the Corpus Christi Police Department. The City received $153,027.00 from the FY 2024 Body-Worn
Camera Grant Program that will be used toward this purchase.
BACKGROUND AND FINDINGS:
In 2019, the Corpus Christi Police Department (CCPD) invested in the Panasonic body-worn camera
to go along with the in-car camera system used by CCPD. In June 2022, the City Council approved the
purchase of 280 body-worn cameras by CCPD. The purchase of the 280 body-worn replaced all of the
body-worn cameras in CCPD's inventory at that time. It also allowed provided additional cameras for
the additional sworn officers that CCPD had hired since its previous purchase of body-worn cameras
in 2019.
In 2023, CCPD applied for the FY 2024 Body-Worn Camera Grant Program for funding for the purchase
of 100 additional Body Worn Cameras. The City was subsequently awarded $153,027.00 from the grant
in November 2023. This item is to approve CCPD's purchase of 100 additional body-worn cameras and
related equipment with the funds awarded from the FY 2024 Body-Worn Camera Grant Program. With
this purchase, it will bring CCPD's total inventory of body-worn cameras to 380.
CCPD needs additional body-worn cameras for the sworn officer positions that were added in the
approved FY 2023 Budget. The sworn officers that will be assigned the body-worn cameras are those
who engage in field work. This means sworn officers that are assigned to traffic or highway patrol or
otherwise regularly detain or stop motor vehicles, or primary responders who respond directly to calls
for assistance from the public. The funding received from this grant will be used to purchase the
following items listed below. The purchase will include a three-year manufacturer's warranty with an
additional two years for the replacement of the body-worn cameras if damaged or defective.
1. Body-worn cameras and licenses (100)
2. Device licenses (100)
3. Magnetic mounts for cameras on officers (100)
4. Five-year warranty (100)
5. Eight bay charging dock (13)
6. AC adapter to charge cameras (13)
CCPD's long-term goal is to issue every sworn officer their own body-worn camera, not just the sworn
officers that engage in field work. This project will also ensure that CCPD continues to update the
cameras with the latest technology available from Panasonic through proactive purchasing and the
replacement of body-worn cameras.
The City's Information Technology Department actively works with CCPD's Operations Division to
maintain a working cache of body-worn cameras and will continue to do so with the new supply.
In January 2024, the City applied for the FY 2025 Body-Worn Camera Grant Program. If awarded, the
funding will go toward the purchase of an additional 100 body-worn cameras and related equipment,
which will then bring the total number of body-worn cameras in CCPD's inventory to 480. CCPD's goal
is to have all 500 budgeted officers issued a body camera.
PROCUREMENT DETAIL:
The body-worn cameras will be purchased from Turn-Key Mobile, Inc. through the Texas Department
of Information Resources Cooperative (DIR). Contracts awarded through the Department of Information
Resources have been competitively procured and are in compliance with Texas local and state
procurement requirements.
Procurement conducted a competitive pricing analysis with other companies that provide the same
equipment through the DIR. CDW is the other vendor in the DIR that offers the same body-worn
cameras and related equipment as Turn-Key Mobile, Inc. The table below compares pricing between
Turn-Key Mobile, Inc. and CDW for the body-worn cameras and related equipment.
Item /Unit of Measure CDW Turn-Key Mobile Variance Variance
in $ in /o
Panasonic i-Pro BWC4000 (camera)/ Each $1,180.00 $830.00 $350.00 -30%
Panasonic I-PRO ICV UDE ON-PREM $750.00 $597.00 $153.00 -20%
license / Each
Panasonic BWC4000 5YR ADC+ADV REPL $250.00 $209.00 $41.00 -16%
warrant / Each
IPS-BWC-MAGKIT
i-Pro BODY WORN CAMERA SQUARE $120.00 $88.00 $32.00 -20%
MAGNET (storage mount / Each
BWC4000 8-BAY DOCKING AND $2,000.00 $1,504.00 $496.00 -20%
CHARGING STATION / Each
AC ADAPTER (100W) FOR BWC 8-BAY $150.00 $108.00 $42.00 -20%
DOCK CHARGER/ Each
The total amount saved for purchasing an additional 100 body-worn cameras and related equipment
through Turn-Key Mobile, Inc. instead of CDW is $64,594.00.
ALTERNATIVES:
The alternative is not to purchase the body-worn cameras and related equipment; however, if the body-
worn cameras and related equipment are not purchased, then the funding would be returned to the
State and CCPD would not have enough body-worn cameras in its inventory to issue to its sworn
officers engaged in field work.
FISCAL IMPACT:
The fiscal impact for FY 2024 will be to the Police Grants Fund which provides $153,027.00 and the
Law Enforcement Trust Fund for $40,329.00 for the purchase.
FUNDING DETAIL:
Fund: 1061
Account: 520090
Organization/Activity: 822912S Police Grants Fund
Amount: $153,027.00
Fund: 1074
Account: 520090
Organization/Activity: 826000S Law Enforcement Trust Fund
Amount: $40,329.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing the purchase of 100 body-worn cameras and
related equipment for the Corpus Christi Police Department, as presented.
LIST OF SUPPORTING DOCUMENTS:
Quote from Turn-Key Mobile, Inc.
TURN-KEY MOBILE, INC.
Turn-Key 4510 Country Club Drive
Mobile, Inc. Jefferson City,Missouri 65109
9 Estimate
Estimate# :EST-11624 Sales person/ISS :Matt Griffin
Estimate Date :0210712024 Created By(ISS) :Jordan Brown
Expiry Date :0310612024
Bill To
City of Corpus Christi
PO Box 9277
Corpus Christi TX 78469-9277
# Item&Description Qty Rate Amount
1 WV-BWC4000 100.00 830.00 83,000.00
I-PRO AMERICAS INC.: BWC4000 CAMERA ONLY(INCLUDES KLICK FAST MOUNTING STUD)
2 IPS-BWC-UDE-OP5 100.00 597.00 59,700.00
I-PRO BWC UDE ON-PREMISE DEVICE LICENSE FOR 5 YEARS,INCL.DEVICE MANAGEMENT,
LIVE STREAMING AND REDACTION.SERVICE ENTITLEMENTS: BWC INITIAL
CONFIGURATION,24X7 HELP DESK,SOFTWARE MAINTENANCE AND SUPPORT.
3 IPS-BWC4-WTY-5Y 100.00 209.00 20,900.00
I-PRO BWC4000 CAMERA 5-YEAR ACCIDENTAL DAMAGE COVERAGE WITH ADVANCED
REPLACEMENT FOR CAMERA BODY ONLY.
4 IPS-BWC-MAGKIT 100.00 88.00 8,800.00
i-Pro BODY WORN CAMERA SQUARE MAGNET(ARB-BWC3MAG-M)AND PLATE(IPS-BWC-
MAGPLATE)KIT WITH KLICK FAST MOUNT. DIMENSIONS 3.3 X2.8 X1.1 INCHES INCLUDING
MAGNET,MOUNT AND PLATE
5 WV-BWC40D8 13.00 1,504.00 19,552.00
i-PRO BWC4000 8-BAY DOCKING AND CHARGING STATION W/O AC ADAPTER IPS-BWC-
AC100W
6 IPS-BWC-AC10OW 13.00 108.00 1,404.00
i-PRO AC ADAPTER(100W)FOR BWC 8-BAY DOCK CHARGER AND 8-BAY BATTERY CHARGER
7 Contract-Texas DIR-CPO-4697 I-Pro TX&OK 1.00 0.00 0.00
i-PRO Contract#DIR-CPO-4697 STATE OF TEXAS DIR PROCUREMENT CONTRACT For use in
OK&TX
Sub Total 193,356.00
Looking forward for your business. Total $193,356.00
Authorized Acceptance Signature
Order Notes:
1
0'�
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of February 20, 2024
DATE: January 30, 2024
TO: Peter Zanoni, City Manager
FROM: Drew Molly, Chief Operating Officer, Corpus Christi Water
DrewM(a-)-cctexas.com
(361) 826-1202
Reba George, Assistant Director, Business & Customer Support, Corpus Christi Water
RebaG(a-)cctexas.com
(361) 826-1648
Josh Chronley, Assistant Director of Finance & Procurement
JoshC2(a-)-cctexas.com
(361) 826-3169
Amendment to Service Agreement with NewGen Strategies and Solutions for Utility Rate
Model and Consulting Services for the Corpus Christ Water Department
CAPTION:
Motion authorizing Amendment #3 to the service agreement with NewGen Strategies and Solutions, LLC,
for utility rate model development and consulting services for Corpus Christi Water in an additional amount
of$204,040.00, and a potential total amount up to$712,310.00, with FY 2024 funding of$126,505.00 from
the Water Fund and $77,535.00 from the Wastewater Fund.
SUMMARY:
This motion authorizes an amendment to the current agreement with NewGen Strategies and Solutions,
LLC. The original scope of services with the contract amount of$233,770 covered 16 months, July 2022
through October 2023, and included the development of a new rate model and a financial planning tool,
as well as a cost-of-service study to guide rate-setting for 2024 rates. The five one-year option periods
facilitated the annual rate model update to review rates for wholesale (annually as per contract) and retail
customers (every two years as per policy).
BACKGROUND AND FINDINGS:
NewGen Solutions and Strategies, LLC. was selected through a competitive Request for Qualifications
process in 2022. Beginning in July 2022, NewGen has worked with the Corpus Christi Water (CCW)
Department through this agreement in order to optimize data analysis and to identify the best strategic
approach for developing a rate model as well as financial strategies that address stakeholder demands.
Year one of five option periods was executed in November 2023 to provide annual updates of the
water/wastewater utility rate model. Annual updates on the rate model are required to ensure contract
compliance and help to provide updates to City Council on water and wastewater revenue requirements
and rate adjustments.
The original amount of the agreement was $233,770. During the first 16 months of the agreement, CCW
required additional analysis which led to an amendment in July 2023 for$49,500. In November 2023, year
one of five option periods was exercised for $45,000. The current agreement total is $328,270. As of
December 31, 2023, the total amount paid on this agreement was $326,183.
Description Date Amount
Original Agreement Jul-22 $ 233,770
Amendment #1 Jul-23 $ 49,500
Subtotal $ 283,270
Option Year 1 Nov-23 $ 45,000
Subtotal $ 328,270
Option Year 2 Nov-24 $ 45,000
Option Year 3 Nov-25 $ 45,000
Option Year 4 Nov-26 $ 45,000
Option Year 5 Nov-27 $ 45,000
Original Total $ 508,270
Amendment Option Year 1 Jan-24 $ 204,040
Revised Total $ 712,310
During the FY 2024 budget process, the City Council voted to review retail water and wastewater rates on
an annual basis instead of a two-year basis. With this change in policy, more work by NewGen will be
required in order to create a full rate model update on an annual basis (during the annual budget process).
Additionally, moving forward NewGen will be assisting the City with analyzing potential alternative water
sources through this agreement. Such work was not built into the original agreement, which is another
reason for the proposed amendment and pricing. NewGen will not only assist the City with analyzing
potential alternative water sources, but will also provide rate analysis for alternative water sources if they
are brought into the City's water sources portfolio. Finally, after using the FY 2024 budget process as guide
for future work rate model work, the proposed amendment also includes additional service hours for
NewGen Project Leads for conference calls, staff meetings, Executive Leadership Team meetings, and
City Council meetings. The purposes of these meetings will include rates and revenue requirements,
alternative water supply impacts, and capital funding strategies.
The proposed amendment will expand the scope of services for year one of five option periods. The
expanded scope of services will include a full rate model update for retail and wholesale customers and
include:
• In-depth analysis of consumption and revenue
• Evaluation of proposed major projects and how they will impact rates
• Multi-year financial plan updates (including operating and capital budgets)
• Evaluation of the adequacy of reserves
• Water and wastewater cost of service updates
• Evaluation of current rate design
• Determination of alternative rate structures as well as public involvement and presentations to the
City Council and other stakeholder groups
PROCUREMENT DETAIL:
Finance & Procurement originally conducted a competitive Request for Qualifications process to obtain
qualification statements for Rate Model Services. NewGen Strategies and Solutions, LLC. was the highest
ranked firm based on three factors: 1) firm's experience 2) team experience and identification, and 3)
understanding of project scope. The first term of the agreement was 16 months beginning in July 2022; an
Amendment for $49,500 was executed in July 2023 for additional services during the first term of the
agreement. Year one of five option periods was exercised in November 2023 for $45,000.
ALTERNATIVES:
The City can choose not to expand the scope of services for NewGen to assist in financial strategic
planning and rate model updates. However, without this amendment, CCW staff would not be able to
provide adequate financial and rate model support for decision makers.
FISCAL IMPACT:
The fiscal impact in FY 2024 for CCW is an amount not to exceed $204,040, of which $126,505 will be
from the Water Fund and $77,535 from the Wastewater Fund. An amount of $45,000 has already been
encumbered for Fiscal Year 2024, Year one of five option periods. If option years are exercised, funding
will be budgeted during the annual budget process.
FUNDING DETAIL:
Fund: Water Fund
Organization/Activity: 30000
Mission Element: 041
Project # (CIP Only): N/A
Account: 530000
Cost: $126,505.00
Fund: Wastewater Fund
Organization/Activity: 33000
Mission Element: 042
Project # (CIP Only): N/A
Account: 530000
Cost: $77,535.00
RECOMMENDATION:
Staff recommends approval of this motion authorizing an amendment to Year one of five option periods,
with NewGen Strategies and Solutions, LLC., as presented.
LIST OF SUPPORTING DOCUMENTS:
Amendment to Service Agreement— Revised Scope of Work
Original Agreement 2022
DocuSign Envelope ID:C659FFOA-CE21-49DB-BO88-667C4968229C
uvo,�T—
Amendment
# 3
Finance & Procurement
Date: February 1 , 2024
Agreement #: 4090 — Rate Model 2022
Contractor: NewGen Strategies and Solutions, LLC
Current Amount: $304,270.00
I. Section 3, Compensation and Payment, of the Agreement is amended by increasing the amount
by $204,040.00, of which $19,800.00 is included for estimated travel expenses, in order to expand
the scope of services necessary for comprehensive model development and consulting services
for the City's water and wastewater systems utilized by Corpus Christi Water; additionally, Section
3 is further amended by the deletion of $21 ,000.00 erroneously captured in Amendment #2; and
the parties acknowledge that option year 1 was exercised in November, 2023; therefore, the
revised total amount of the current Agreement is $532,310.00.
II. Amendment #2 to the Agreement is revised, pursuant to this Amendment #3, to eliminate
Attachment A-1 , which is no longer necessary following the deletion of the $21 ,000.00 amount
detailed above in part 1 of this Amendment #3. For clarity, Attachment A-2 of Amendment #2 is
retained in full force and effect, being that Attachment A-2 includes supporting details of the
professional fees and expenses necessary to the parties' Agreement executed in July, 2022, and
also includes supporting details of the additional fees stated in Amendment #1 , which was
previously executed by the parties.
III. Attachment A-3, which is attached to this Amendment #3 and incorporated by reference as if set
out here in its entirety, supplements Attachment A and includes supporting details of the expanded
scope of work and associated professional fees and expenses necessary during the option years
to include an in-depth analysis of consumption and revenue, multi-year financial plan updates
(including operating and capital budgets), evaluation of the adequacy of reserves, water and
wastewater cost of service updates, evaluation of the then-current rate design, determination of
alternative rate structures, as well as public involvement and presentations to the City Council and
other stakeholder groups.
IV. This Amendment is effective upon the date of final execution by the parties, unless an earlier date
is expressly stated within this document.
V. The parties acknowledge that the Agreement and any related amendments provides for the
performance of a professional service, which type of service is exempt from competitive bidding
requirements pursuant to Sec. 252.022 of the Texas Local Government Code.
To the extent that the provisions of this Amendment conflict with any provisions of the Agreement and
prior amendments, if any, the provisions of this Amendment shall prevail and govern for all purposes
and in all respects. LK6
DocuSig dby:
LU.OU b (,A.w�pf�c,L 2/6/2024
Josh Chronley Date Con cDate
Assistant Director, Finance & Procurement
APPROVED AS TO LEGAL FORM:
Assistant City Attorney Date
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ATTACHMENT A-3
215 W Campbell Road, Suite 440
Strategies &
p C Richardson, TX 15080
Solutions
ions Phone: (912) 680-2000
November 27, 2023
via email
Ms. Reba George
Assistant Director—Business&Customer Support
City of Corpus Christi,Texas
1201 Leopard St.
Corpus Christi,Texas 78401
Subject: Update of Cost of Service& Rate Model for FY 2025—Proposed Scope,Timeline,and Cost
Dear Reba:
NewGen Strategies and Solutions (NewGen) is pleased to provide the City of Corpus Christi (City) and
Corpus Christi Water with our proposed detailed scope of work, project timeline, estimated project cost,
and standard billing rates for 2024,which have been enclosed for review byyou and Corpus Christi Water.
Task 1 — Project Initiation and Project Management
1.1 Preliminary Data Request
After a Notice to Proceed is received for the Study, the Project Team will provide the City with a
preliminary data request that encompasses data needs for completing the Study. The data request will
itemize information needed for understanding the financial and operating characteristics and cost drivers
of the water,and wastewater utilities as well as any changes to City policies.The preliminary data request
will be provided within five(5)days of contract execution,and an initial virtual meeting will be conducted
with the City staff to review and clarify the data request and to answer any questions which may arise.
1.2 Kickoff Meeting
After receiving the initially requested data,the Project Team will work with the City to schedule a virtual
kickoff meeting. The primary reason for the kickoff meeting is to allow the key Project Team consultants
and participants from the City to be introduced and lay the general framework for how the study will be
conducted, as well as to chart the critical path towards successfully achieving the projects goals and
objectives. This meeting will also allow for the finalization of the proposed work approach, as well as
discussion and clarification of the information previously analyzed.
In addition, the project kickoff meeting will allow for the Project Team to gain a better understanding of
the goals and objectives,as well as expectations,the City desires to achieve from the study.As part of the
kickoff meeting,the Project Team members will also discuss:
■ Political and customer views/opinions of current rates and departmental service/operations, as well
as any changes;
■ Capital/operational demand changes anticipated over the study's forecasted period;
■ Initial rate design pricing objectives; and
■ Initial strategies for implementing/communicating possible rate changes.
Economics I Strategy I Stakeholders I Sustainability
www.newgenstrategies.net
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We expect the kickoff meeting to last approximately two hours. NewGen will provide copies of the agenda
and any handouts.
1.3 Update Contract Customer Matrices
Throughout this Study, the Project Team will build on our prior knowledge of the City's operations,
customer base, and existing customer contracts to update and develop a deeper understanding of the
utility and its operations. To facilitate this, after receiving the initially requested data, the Project Team
will update contract matrices to identify the following:
■ Any new contracts or amendments with contractual elements that must be recognized in the
development of appropriate rates including, but not limited to,the specific functionalization methods
agreed to between the City and its wholesale customer group along with the specific financial metrics
contractually agreed to between the parties and how said metrics drive the revenue requirement;and
■ Any changes to the variety of water sources and treatment facilities that service the City's customers
and how the defined customer classes utilize these facilities.
By updating and further solidifying this understanding early in the engagement, our Project Team will
ensure that it is developing appropriate rates reflective of the service provided to a specific customer
while recognizing key contractual commitments and minimizing potential conflict with the City's active
raw water wholesale water customer group.
1.4 Initial Data and Information Assessment
Once the City has submitted the initially requested data, the data will be reviewed for further discussion
and clarification with the City staff. Throughout the course of the project, data received by the Project
Team will be sampled and tested for accuracy. The sampling and testing of data is imperative regarding
the billing data used to set rates. It is essential that the billing data be as accurate as possible in the
development of proper cost allocations and reliable revenue projections. The Project Team will work
closely with the City's billing staff to extract the appropriate billing data. We have extensive experience
with billing software and will likely request a raw data file for analysis. This will reduce the burden of
documentation by the City's utility billing staff and provide the level of detail desired by the Project Team
to provide an in-depth analysis of consumption by rate class and consumption tiers enabling careful
consideration of the adequacy and equity of the current rate structure.
In addition, as necessary,the Project Team will conduct informal interviews with the City staff during our
review of the historical data to ensure that the Project Team understands the information provided. From
this data review and assessment,the Project Team will also work to gain a comprehensive understanding
of the utilities' operating environment, including identification of key financial, regulatory, operational,
and political issues to be addressed.As needed,follow-up one-on-one interviews may be conducted with
the City staff to ensure the Project Team has a full and complete understanding of the utility prior to
proceeding with the cost of service analysis.
1.5 Ongoing Project Management
To ensure the City's overall goals and objectives are met, proper management and control of the project
is critical.NewGen understands the importance of proper project management and has assembled a team
well versed in the proper control and coordination needed to successfully execute this engagement.
Throughout the course of the Project,the Project Director and Project Manager will maintain consistent,
constant, and open communication with key City stakeholders. We are also committed to maintaining
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appropriate staffing to ensure the Project is delivered on time, on budget, and results in actionable
recommendations.
Task 2 — Update Consumption and Revenue Analysis
At a foundational level, rates are simply a fraction, with revenue requirements serving as the numerator
and the units of service (e.g., number of customers or accounts, consumption, billed flow, etc.)
representing the denominator. If the denominator of the rate calculation is inaccurate,the rates resulting
from the analysis may be insufficient.As such,an accurate determination of service units and a projection
of customers and usage is critical to a proper rate analysis.The following tasks will be utilized in Task 2 to
ensure the integrity of the rates developed from this study.
2.1 Analyze Detailed Usage/Peak Demands
A key step in a study of this type is to gain an understanding of the make-up of the customers served by
the systems and how and when they use water (and generate sewage) throughout the year. This is
necessary for determining appropriate cost allocations, to develop demand projections, to evaluate the
appropriateness of the current rate structures, and to evaluate potential alternative rate structures. To
facilitate this review, NewGen will request the most recent year of detailed consumption at the customer
account level. The customer and customer usage data will be statistically analyzed to identify usage
patterns, including seasonal usage and customer class peaking. Demand ratios(max week, max day, max
hour, etc.) will be identified and considered in this analysis, as will peak demands related to any large
customers or customer classes.
2.2 Demand Forecast
The demand forecast will be based on historical usage patterns, including the interval analysis conducted
in Task 2.1, water facilities plan, and discussions with the City as to projected water demand. We will
compare projected customer growth with the City's plans to confirm consistency with such plans. If there
are deviations from the City's plans,we will document the basis for and reasonableness of such deviations.
As part of developing the demand projections, it may be necessary to incorporate the estimated impact
of elasticity of demand within the revenue projections. Elasticity of demand is the economic concept that
recognizes the relationship between the quantity demanded of a good and a change in the price of that
good or service. Failure to recognize this relationship, particularly regarding water sales, can result in an
inaccurate estimate of revenue on a going-forward basis. The Project Team will presume industry
standard, long-term elasticity standards within its calculations where necessary.
The demand projections will be developed for a ten-year period, by customer class. One of the key
variables that must be developed is the rate of growth in the utility, including the numbers and types of
new customers to be added year-by-year as well as increases (or decreases) in water usage over time by
existing customers.Where possible,sensitivity analyses will be conducted to produce a potential range of
service units and forecasted demand, with specific emphasis on the impact of weather and fluctuations
in larger accounts.
2.3 Realizable Revenue Under Current Rates
After determining and forecasting service units,the Project Team will calculate the water and wastewater
revenue streams anticipated to be generated under current rates. The results of this analysis will be
compared to actual and budgeted revenue performance to determine the overall accuracy and
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appropriateness of the forward-looking projections.This process will also serve as a "check"on the billing
data provided to ensure the integrity of developed rates and recommendations.
Task 3 — Update Multi-Year Financial Plan
The model previously developed by our team will be updated to address operations and maintenance
(0&M)costs,debt service,demand/usage,capital improvement plan (CIP)costs, cost of service, etc.
Development of Revenue Requirements and Financial Plan
While the focus of this study will be on the development of the cost of providing water and wastewater
service to the City's customers,the revenues and expenses related to the provision of raw and wholesale
treated water service (contracted customers) will not be overlooked.Our approach includes a detailed
review of each of the costs incurred by the City to ensure the cost of service is developed while
maintaining compliance with contractual requirements. The cost analysis can be broken down into four
main categories of costs: O&M costs, capital improvements, existing debt service (including compliance
with debt service coverage requirements),and any contributions need to meet debt service coverage and
reserve requirements.The total amount of cash required on an annual basis for all purposes and from all
sources is called the"Revenue Requirements."
The completion of this task will provide a Operating&
comprehensive ten-year forecast of Maintenance Expenses
revenue requirements for the City water (Day to Day Operations)
and wastewater systems with the ability to
change assumptions (capital financing, 11
economic assumptions, etc.) and2' I)cut
immediately see the impact on revenue (Annual Principal and
requirements. At this point, the Project Contributions to ' z Interest Payments)
Team will provide an assessment of the Reserves `
adequacy of the current rates and their
ability to recover the full cost of service,as
well as an assessment of the current rate
structure's performance as a baseline fort '',%' Planned Capital
comparing recommended changes. Improvernent Projects
Review Operating and Maintenance Costs
Using the City's current operating budget as a starting point, we will review the adequacy of budgeted
O&M costs. To the extent that costs are directly identified to specific functions of the water and
wastewater systems, they will be documented. Any indirect support from other City funds will be
reviewed for appropriateness.0&M expenses will be forecasted based on estimated annual inflation rates
at the budgetary account line-item level.The forecast of operating expenditures will be based on:
■ Review of historical operating expenditure increases by individual budget account line item,
■ Any additional information that would increase the accuracy of the estimates (e.g., staffing
increases/decreases, etc.),and
• Identifying and assessing the impact of the current capital improvement program on operating
expenditures.
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Review Capital Improvement Plans and Evaluate Potential Capital Financing Sources
We will review the City's most recently adopted capital improvement plans forthe water and wastewater
systems to gain a better understanding of the City's forward-looking capital plans. NewGen will then
examine the types and levels of various funding sources available to pay for the capital and operating
costs of the utility systems,and the impacts of various approaches will be quantified.While it is presumed
that all operating and maintenance costs will be funded via user rates,there are various approaches to
funding capital expenses.Typically, a utility might use a mix of financing sources including grants,cash or
pay-as-you-go (PAYGO)funding from revenues, General Obligation or Revenue Bonds,or State Revolving
Fund (SRF) Loans. Based on the proposed funding of each capital project within the City's capital plan,
NewGen will incorporate those impacts into revenue requirements. If so desired by the City, the Project
Team will work closely with City Staff, the City's engineers, and the City's financial advisors to develop
detailed capital planning and funding scenarios for the rate study.
Analyze Current and Projected Debt Service
NewGen will document the annual principal and interest payments for existing debt service related to the
utility systems.Those projects or categories of projects contained in the CIP,and which are anticipated to
be debt-funded will be identified, and projections of debt service will be developed. the City's practices
on types of debt (general obligation bonds, revenue bonds, SRF loans,frequency of borrowing, etc.) will
be determined, as will typical debt structure (e.g., payment term, level principal payments vs. level debt
service) and assumed interest rate. Additionally, the Project Team will ensure that the revenue
requirements account for and support agreed debt-service coverage factors and reserve requirements for
both priority and subordinate debt.
Evaluate the Adequacy of Reserves
The wise use and management of financial reserves provides many advantages to a utility, such as rate
stabilization and"smooth"rate increases,as well as enhanced credit ratings and resulting interest savings.
NewGen will review the adequacy of the City's current reserves or fund balances based on the City policy
and our industry expertise. The analysis will include development of recommended target balances for
the City's water and wastewater reserves or fund balances. The maintenance of adequate reserves and
contingency funding for emergency preparedness have been elevated to greater levels since 2021's
Winter Storm Uri,which highlighted the need for back-up power generation and other extreme weather
preparedness. The Project Team will discuss the City's level of contingency planning with City Staff as it
relates to reserves or fund balance as well as Capital Outlays.
Develop Revenue Requirements
The sum of the 0&M costs, annualized capital costs (debt service plus cash purchases of capital assets),
and any contributions to reserves constitutes the revenue requirement—the amount of money that must
be raised from all sources over a given year. This amount becomes significant when sensitivity analyses
are performed to evaluate miscellaneous revenues,since any shortfall in miscellaneous revenues must be
offset by either drawing down fund balance or increasing user rates.The gross revenue requirement less
miscellaneous revenues result in the net revenue requirement to be collected from customers.
As part of the complete development of revenue requirements, the Project Team will forecast revenue
requirements over a ten-year period and incorporate key assumptions including, but not limited to,
population changes, inflation rates, increase in contractual obligations,contractor costs, anticipated new
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Page 6
or augmented programs and staffing levels, and capital improvements. All assumptions will be clearly
defined and discussed with the City staff prior to finalizing the revenue requirements projection.
Task 4 — Water and Wastewater Cost of Service
During the cost of service study, NewGen will identify specific cost of service methodology issues and
review these with City Management,the Corpus Christi Water Project Team, and the Public Involvement
Committee.The two most employed methods for water utility cost allocation are base-extra capacity and
commodity-demand methodologies. However, it is not uncommon for the base-extra capacity method to
yield a lower cost of service for the residential customer class based on the way the commodity-demand
method limits the costs divided by total volume of consumption to variable costs (e.g., chemicals and
electricity),whereas the base-extra capacity method also includes costs associated with providing service
at average annual rates of consumption.Further,as mentioned in the AWWA M1,1 the base-extra capacity
method also identifies the lowest rates possible at perfect load factor(or constant rate of consumption),
which can prevent a utility from establishing rates that could result in the sale of water below cost.These
concepts will be important to discuss and evaluate as part of the public involvement process.
Task 5 — Rate Design and Benchmarking
5.1 Evaluation of Current Rate Design
Based on the goals and objectives that are determined during preliminary discussions with the City, the
Project Team will perform an evaluation of the current rate structure's ability to achieve these goals and
objectives.We will communicate a list of strengths and weaknesses of the current rate structure,as well
as potential changes which may better achieve these goals and objectives.
On completion of this Rate Design and Benchmarking task, the Project Team will prepare a draft report
for the City to review. Upon review, the Project Team will meet with the City to make any necessary
changes, which will be used to guide our completion of Task 6. In developing the proposed rates, the
Project Team will also discuss with the key stakeholders any limitations and/or guidelines when
incorporating the cost of services results developed in earlier tasks into the rate design. For example, if it
is not politically feasible to move immediately to cost of service-based rates for a particular class of
customers, we will seek to set boundaries on the overall changes seen by a customer class and/or
identified group of customers. When needed, the implementation of structural changes or significant
adjustments through a phased-in approach, combined with ratepayer education, helps minimize the
financial impact to customers and increases public acceptance and understanding.
5.2 Development of Rates
Based on the rate design plan developed in Task 5.1, the Project Team will develop a rate design for the
City's consideration. Please note that based on past experiences, the Project Team anticipates up to two
(2) alternative water rate designs and up to two (2) alternative wastewater rate designs. The
recommendations for a ten-year rate plan will be developed to include the following objectives:
■ Rates will be developed with consideration of the recovery of cost of serving each of the respective
classes of customers based on industry standards,
1 American Water Works Association, Manual of Water Supply Practices, M1,Principles of Water Rates, Fees and
Charges, Fifth Edition,2000, Page 59.
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■ Consideration and identification of the fixed and variable elements of the rate,
■ Compatibility with the existing utility billing computer software, and
■ The ease of communicating and explaining changes in the rates to ratepayers.
5.3 Determination of Realizable Revenue with Alternative Rate Structures
The Project Team will analyze and compare the revenues forecasted to be generated under proposed
rates to the forecasted cost of service to determine the adequacy of the rate structures to meet the City's
financial goals, including debt service coverage requirements and fund balance. Finally, the monthly
impact on customer bills under the proposed rates will also be examined,along with the impact on the
City's revenue stability.
5.4 Rate Comparison Review
NewGen's study will include data and graphics to facilitate comparison of the City's current and proposed
bills for a typical residential customer compared to the bills of residential customers of at least seven (7)
of the largest Texas cities as well as utilities of comparable size and service characteristics. A rate
comparison of the current rates will be compared to both the new rates and those of comparable cities.
Task 6 — Public Involvement and City Council Meetings (with Presentations)
NewGen will develop presentations based on the findings and draft report and present it to the City
Management Team, Corpus Christi Water Project Team, Public Involvement Committees, and the City
Council. Draft versions of the PowerPoint presentations will be provided to the Corpus Christi Water
Project Manager for review, comment, and approval prior to finalization.
Deliverables
■ Draft and final PowerPoint presentations
■ Up to ten (10) Public Involvement meetings with various City's customer groups
■ Up to two(2)City Council Meetings to present the draft report and proposed rates
■ A revised final report will be finalized after rates are adopted by the City Council as discussed in Task
7 below
Task 7 — Report
The Project Team will develop a draft report summarizing analyses conducted as well as findings,
conclusions,recommendations,and associated rationale for all relevant components of the cost of service
and rate design study shortly after completion of Task 5.The risks of potential challenges to various issues
will be identified and discussed. The report shall include an Executive Summary and a full discussion of
the impacts of the recommendations on revenue requirements, cost of service and rates.
NewGen will provide the draft report to the City Management Team and the Corpus Christi Water Project
Team and will meet virtually to discuss the report. NewGen will then compile all comments and revise the
report, as appropriate. The revised draft report will be shared with the City Council prior to their
consideration to adopt the recommended rates. A final report will then be provided after adoption of
rates in early October 2024.
DocuSign Envelope ID:C659FFOA-CE21-49DB-B088-667C4968229C
DocuSign Envelope ID:96B2B589-3862-4769-A733-F11FDCB16033
Ms. Reba George
November 27, 2023
Page 8
Deliverables
■ Draft and final reports
■ Up to two (2)virtual meetings to present and discuss the draft report to City Staff
■ Ten (10) bound hard copies of the final report
■ One (1) digital PDF copy of the final report
The project team at NewGen looks forward to hearing from you so we can draft the initial data request.
If you require any further information, please feel free to contact Andy McCartney at(817) 475-5813 or
by email at amccartnev@newgenstrategies.net.
Sincerely,
NewGen Strategies and Solutions, LLC
DocuSigned by:
D77B822782EF40F...
Richard Campbell
Managing Director—Water and Wastewater
Enclosures:
Projected Timeline
Estimated Cost
Hourly Rates by Position
DocuSign Envelope ID:C659FFOA-CE21-49DB-BO88-667C4968229C
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DocuSign Envelope ID:C659FFOA-CE21-49DB-BO88-667C4968229C
Corpus Christi Water
Rate Study for Update of FY 2025 Rates
Hourly
Billing
Employee Hours Rate Total
Chris Ekrut 8 $ 340 $ 2,720
Richard Campbell 86 $ 350 30,100
Andy McCartney 246 $ 250 61,500
Tia Carnes 380 $ 180 68,400
Steve Doogue 10 $ 210 2,100
Noah Healey 76 $ 170 12,920
Administrative Staff 50 $ 130 6,500
856 $ 184,240
Other: Travel Expenses 6 Trips for 3 people @$3,300/Trip $ 19,800
$ 204,040
Tasks
1 - Project Initiation and Project Management
2- Update Consumption and Revenue Analysis
3- Update Multi-Year Financial Plan
4-Water&Wastewater Cost of Service
5- Rate Design and Benchmarking
6- Public Involvement and City Council Meetings(with Presentations)
7- Report
Tasks by Hours
Employee Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Hours
Chris Ekrut - - - - - - 8 8
Richard Campbell 16 - 2 2 2 56 8 86
Andy McCartney 40 4 4 32 10 132 24 246
Tia Carnes 24 24 32 64 32 180 24 380
Noah Healey - 24 12 24 16 - - 76
Steve Doogue - 4 - 4 2 - - 10
Administrative Staff - - - - 2 32 16 50
80 56 50 126 64 400 80 856
Tasks by Dollars
Employee Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Total
Chris Ekrut $ - $ - $ - $ - $ - $ - $ 2,720 $ 2,720
Richard Campbell 5,600 - 700 700 700 19,600 2,800 $ 30,100
Andy McCartney 10,000 1,000 1,000 8,000 2,500 33,000 6,000 $ 61,500
Tia Carnes 4,320 4,320 5,760 11,520 5,760 32,400 4,320 $ 68,400
Steve Doogue - 840 - 840 420 - - $ 2,100
Noah Healey - 4,080 2,040 4,080 2,720 - - $ 12,920
Administrative Staff - - - - 260 4,160 2,080 $ 6,500
$ 19,920 $ 10,240 $ 9,500 $ 25,140 $ 12,360 $ 89,160 $ 17,920 $ 184,240
Effective Hourly Rate $ 249.00 $ 182.86 $ 190.00 $ 199.52 $ 193.13 $ 222.90 $ 224.00 $ 215.23
DocuSign Envelope ID:C659FFOA-CE21-49DB-BO88-667C4968229C
DocuSign Envelope ID:96B2B589-3862-4769-A733-F11 FDCB16033
Corpus Christi Water
Rate Model Development
NewGen Strategies and Solutions
2024 Billing Rates
Position Hourly Billing Rate
Partner $265—$4055
Principal $250—$405
Senior Manager $225—$280
Manager $195—$225
Senior Consultant $170—$195
Consultant $160—$170
Administrative Services $130
Note: Billing rates are subject to change based on annual reviews and salary
increases.
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
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H PROFESSIONAL SERVICE AGREEMENT NO. 4090
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Rate Model 2022
yeanaonn!e
1852
THIS Rate Model 2022 ("Agreement") is entered into by and between the City of
Corpus Christi, a Texas home-rule municipal corporation ("City") and NewGen
Strategies and Solutions, LLC ("Contractor"), effective upon execution by the City
Manager or the City Manager's designee ("City Manager").
WHEREAS, Contractor has agreed to provide professional consulting services to
develop a new utility rate model to replace the one currently in use by the City of
Corpus Christi.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide a comprehensive cost of service analysis for water,
wastewater and reuse effluent ("Services") in accordance with the attached
Scope of Work, as shown in Attachment A, the content of which is incorporated
by reference into this Agreement as if fully set out here in its entirety.
2. Term. This Agreement is for 16 months. The parties may mutually extend the term
of this Agreement for up to five 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.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$233,770.00, of which a travel expense budget of $13,000.00 is included, with the
total amount being subject to approved extensions and changes. Payment will
be made for Services completed 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
Professional Service Agreement- Page 1 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
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: Reba George
Department: Corpus Christi Water
Phone: 361-826-1648
Email: RebaG@cctexas.com
5. Insurance; Bonds; License.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment B, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
(C) Prior to beginning work, Contractor must provide evidence of any valid
professional license necessary for the performance of the work under this
Agreement.
6. Standard of Care. Contractor warrants that all Services will be performed in
accordance with the standard of care used by similarly situated contractors
performing similar services under the same professional license.
7. 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.
Professional Service Agreement- Page 2 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
8. Independent Contractor; Release.
(A) In performing this Agreement, both the City and Contractor shall act in an
individual capacity and not as agents, representatives, employees, employers,
partners, joint venturers, or associates of one another. Contractor shall perform all
professional services as an independent contractor and shall furnish such Services
in his own manner and method, and under no circumstance or condition shall an
employee, agent, or representative of either party be considered or construed to
be an employee, agent, or representative of the other party.
(B) As an independent contractor, no workers' compensation insurance shall
be obtained by City covering the Contractor and employees of the Contractor.
The Contractor shall comply with any and all workers' compensation laws
pertaining to the Contractor and employees of the Contractor.
9. Subcontractors. Contractor may not use subcontractors in connection with the
work performed under this Agreement.
10. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
11. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
12. 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.
13. 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: Reba George, Assistant Director
2726 Holly Road
Corpus Christi, TX 78415
IF TO CONTRACTOR:
NewGen Strategies and Solutions, LLC
Attn: Chris D. Ekrut, Chief Financial Officer
275 W. Campbell Road, Suite 440
Richardson, Texas 75080
Professional Service Agreement- Page 3 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
14. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
15. Termination.
(A) The City Manager may terminate this Agreement for Contractor's failure to
perform the work specified in this Agreement or to keep any required insurance
policies in force during the entire term of this Agreement. The Contract
Administrator 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 Manager may terminate this Agreement immediately thereafter.
(B) Alternatively, the City Manager may terminate this Agreement for
convenience upon 30 days advance written notice to the Contractor. The City
Manager 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.
16. 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
Professional Service Agreement- Page 4 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
17. 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.
18. 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 all attachments and exhibits);
B. its attachments; then,
C. its exhibits, if any.
19. 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.
20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules,
and regulations. 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.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties
(SIGNATURE PAGE FOLLOWS)
Professional Service Agreement- Page 5 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
CONTRACT Signed by:
M2022-113
Signature. ESE � Authorized By
Matthew B. Garrett
Printed Name: Council 7-19-2022
Title:
Managing Partner
DS
Date: 7/8/2022
CITY OF CORPUS CHRISTI ATTEST:
DocuSigned by:
DocuSigned by:
•FZD54665�rC�{;4EC...
Rebecca Huerta
Josh Chronley City Secretary
Assistant Director, Finance - Procurement
Date: 7/21/2022
APPROVED AS TO LEGAL FORM:
DocuSigned by:
`5AA A dL AICL 7/21/2022
Assistant City Attorney Date
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Insurance and Bond Requirements
Professional Service Agreement- Page 6 of 6
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
Attachment A- Scope of Work
1.1. General Requirements
The primary objectives of this project are:
• Conduct a comprehensive cost of service analysis for water, wastewater, and
reuse (effluent).
• Develop a new utility rate model to replace the one currently in use by the
City of Corpus Christi.
• Incorporate a financial planning model to allow for `what-if' scenarios and
projecting future costs and rate impacts.
1.2. Scope of Work
The scope of work shall include, but will not be limited to:
Task 1: Project Initiation and Management
Coordinate a project kickoff meeting with city staff to review/identify project tasks,
approach and methods, communication channels, deliverables, and data needs
to complete the project. Develop an approved project timeline. Identify pricing
and rate setting objectives.
Task 2: Consumption and Revenue Analysis
Study historical consumption by all customer types and develop usage and
growth factors for each type. Examine all current customer classifications.
Analyze current revenues at current rates.
Task 3: Financial Planning and Rate Model Development
Review financial policies. Determine revenue requirement for water, wastewater,
and reuse for multi-year period. Determine impacts that each customer class puts
on assets of the water, wastewater and reuse system.
Develop financial planning and rate model with the following
attributes/functionalities:
- User friendly and flexible
- Ability to model multiple rate structures at the same time
- Ability to change one or more factors of usage, debt service, O&M, etc.
and observe rate impacts
- Incorporate financial planning over multiple years with the ability to change
certain standard assumptions by year
- Flag results such as failure to meet debt coverage reserves falling below
target levels
- Provide graphics and easy to understand summary tables
RFQ Template 01.13.2020
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
Task 4: Water, Wastewater, and Reuse Cost of Service
The consulting team will follow the accepted process for conducting a water
utility cost of service study as detailed in the American Water Works Association
(AWWA) Manual of Water Supply Practices Ml, Principles of Water Rates, Fees,
and Charges (AWWA Manual Ml ). The wastewater utility and reuse cost of
service study standard to be used is detailed in the Water Environment Federation
(WEF) Manual of Practice No. 27, Financing and Charges for Wastewater Systems
published by the WEF.
Task 5: Rate Design and Comparison
Evaluate current rate structure providing alternatives. Evaluation will include
affordability and equity. Complete a benchmarking analysis to compare the
proposed rate structure and rates with the seven (7) largest Texas cities and other
communities of comparable size and service characteristics.
Task 6: Reports and Presentations
A draft and final report will be completed documenting the process,
recommended changes, and results of the cost of service and rate study. An
electronic copy of the final financial planning and rate model will be provided. A
presentation will be developed to summarize process, findings, and
recommendations to the Executive Leadership Team and/or City Council.
Task 7: Training and Support
Training on the model will be provided to City staff. A comprehensive Training
Manual on the model will be developed. Assist City staff with responses to
questions arising during the rate review/budget adoption process.
1.3. Contractor/Consultant Quality Control
The Contractor/Consultant shall establish and maintain a complete Quality
Assurance/Control Program that is acceptable to the City to assure that the
requirements of the project are provided as specified.
RFQ Template 01.13.2020
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
Attachment C-Insurance Requirements
LIABILITY INSURANCE
1 . Contractor must not commence work under this agreement until all insurance
required herein has been obtained and approved by the City. Contractor
must not allow any subcontractor to commence work until all similar insurance
required of the subcontractor has been so obtained.
2. Contractor must furnish to the City's Risk Manager and Contract
Administrator, one (1) copy of Certificates of Insurance with applicable policy
endorsements showing the following minimum coverage by an insurance
company(s) acceptable to the City's Risk Manager. Project name and/or
number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
$1,000,000 Per Claim
(Defense costs not included in
face value of the policy)
If claims made policy, retro date
PROFESSIONAL LIABILITY must be at or prior to inception of
(Errors and Omissions) agreement, have extended
reporting period provisions and
identify any limitations regarding
who is insured.
3. In the event of accidents of any kind related to this project, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10
days of the accident.
Additional Requirements -
1 . Applicable for paid employees, Contractor must obtain workers'
compensation coverage through a licensed insurance company. The
coverage must be written on a policy and endorsements approved by the
Texas Department of Insurance. The workers' compensation coverage
provided must be in 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.
2. Contractor shall obtain and maintain in full force and effect for the duration
of this Contract, and any extension hereof, at Contractor's sole expense,
RFQ Template 01.13.2020
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M.
Best's rating of no less than A- VII.
3. Contractor shall be required to submit 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 Management
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
■ List the City and its officers, officials, employees, and volunteers, as
additional insureds by endorsement with regard to operations,
completed operations and activities of or on behalf of the named
insured performed under contract with the City, with the exception of
the workers' compensation policy.
■ Provide for an endorsement that the "other insurance" clause shall not
apply to the City of Corpus Christi where the City is an additional insured
shown on the policy;
■ Workers' compensation and employers' liability policies will provide a
waiver of subrogation in favor of the City; and
■ Provide 30 calendar days advance written notice directly to City of any
cancellation, non-renewal, material change or termination in coverage
and not less than ten calendar days advance written notice for
nonpayment of premium.
5. Within five calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate
of Insurance and applicable endorsements to City. City shall have the option
to suspend Contractor's performance should there be a lapse in coverage at
any time during this contract. Failure to provide and to maintain the required
insurance shall constitute a material breach of this contract.
6. In addition to any other remedies the City may have upon Contractor's failure
to provide and maintain any insurance or policy endorsements to the extent
RFQ Template 01.13.2020
DocuSign Envelope ID:093C07D7-B87B-44A5-B9BE-E8A61 DE10BBE
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.
7. Nothing herein contained shall be construed as limiting in anyway the extent
to which Contractor may be held responsible for payments of damages to
persons or property resulting from Contractor's or its subcontractor's
performance of the work covered under this contract.
8. It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self-insurance carried by the City
of Corpus Christi for liability arising out of operations under this contract.
9. It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2021 Insurance Requirements
Ins. Req. Exhibit 3-H
Professional Services - Other Professional Services
05/10/2021 Risk Management- Legal Dept.
RFQ Template 01.13.2020
0
H
V
CORPORI AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting February 20, 2024
DATE: February 6, 2024
TO: Peter Zanoni, City Manager
FROM: David S. Lehfeldt, Director of Solid Waste
David L3(a)cctexas.com
(361) 826-1966
Josh Chronley, Assistant Director of Contracts & Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Purchase of Modular Building for Solid Waste Services
CAPTION:
Motion authorizing the purchase of a modular building from Mobile Modular Management
Corporation, a division of McGrath RentCorp., through the OMNIA Partners Cooperative, for
$330,063.05, to meet short-term office requirements for Solid Waste Services, with FY 2024
funding from the General Fund.
SUMMARY:
This motion authorizes the purchase of a modular building for the Solid Waste Service's
Administrative staff to meet short-term office requirements. A short-term solution is needed until
the construction of a permanent administrative building is completed within the next 4 — 5 years.
BACKGROUND AND FINDINGS:
Solid Waste Operations has the need for a new and larger office space to replace/combine
inadequate office spaces located at 2525 Hygeia. Currently, the existing office floor is sinking
and causing interior walls to separate from the main structure, the stairs have become a hazard
and liability risk. Staff that will office in the new structure are currently located in three different
areas, this new building will foster a better working environment for them.
The new modular building is approximately 2,880 sq ft and will contain eight offices and up to six
workstations with a common area large enough to accommodate up to 25 people for meetings.
The existing utility infrastructure is available and the set-up cost for the purchased building will be
minimal. The approved Capital Improvement Program includes the construction of a new Solid
Waste Department Complex to house the entire Solid Waste Department. The purchase will
cover the time period required to construct the new Solid Waste administrative building. Once
complete, this modular building will be transferred to Asset Management for use in other areas of
the City.
PROCUREMENT DETAIL:
This procurement is through the Omnia Partners Cooperative. Contracts awarded through the
Omnia Partners Cooperative have been competitively procured in compliance with Texas Local
and State procurement requirements.
ALTERNATIVES:
Alternatives include maintaining the current crowded, deteriorated, and inefficient office
configuration or building a permanent structure at the existing location for approximately $350/sq
ft, that would not be ideally located for future development.
FINANCIAL ANALYSIS
With the permanent administrative building being completed in an estimated 4-5 years, the cost
to purchase the modular building at $330,063 vs. $88,590 rental per year, proves to be the most
feasible option for the city. The break even cost on the modular building when comparing the two
options is 3.7 years, which is less than the estimated construction timeframe. Once the permanent
administrative building is ready, Asset Management can continue to use the purchased modular
building throughout the city in other areas as they see fit.
FISCAL IMPACT:
This fiscal impact for FY 2024 is a total amount of $330,063.05 in the General Fund.
FUNDING DETAIL:
Fund: 1020 General Fund
Organization/Activity: 12510 Refuse Collection
Department: 31 Solid Waste Services
Project # (CIP Only):
Account: 550010 Buildings
RECOMMENDATION:
Staff recommends approval of this motion authorizing a purchase agreement with Mobile Modular
Management Corporation for the modular building as presented.
LIST OF SUPPORTING DOCUMENTS:
Purchase Agreement
Price Sheet
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile5700 Las Positas Rd Date of Quote 12/07/2023
z
modular - Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
Buyer PO#:
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
Buyer Name • Billing Address Site Information
City of Corpus Christi ("Buyer") Gabriel Maldonado Mobile Modular Management Corporation
PO Box 9277 2525 Hygeia ("Seller")
CORPUS CHRISTI, TX 78469 Corpus Christi, TX 78415 Questions?
Philip Aldridge Cell: 1 (361)826-1986 Contact: Carlton Raulston
Phone#: (361)826-4482 carl.raulston@mobilemodular.com
Sourcewell Account#27655 Direct Phone: 1 (817)663-8527
Equipment and Accessories Qty Purchase Price Extended Purchase Price Taxable
Office,48x60 TX(NonStd)(4FIr) (Non-Standard
Configuration.Size excludes 4'towbar.)
Sourcewell building price @$143.00/SF x 2880 = 1 $260,926.05 N
$411,840.00 (-) minus MM Discount$150,913.95=
Total =$260,926.05
Charges Upon Delivery Qty Charge Each Total One Time Taxable
Office,48x60 TX(NonStd)(4FIr) (Non-Standard
Configuration.Size excludes 4'towbar.)
Delivery 4 $4,625.00 $18,500.00 N
Block and Level Building 1 $16,120.00 $16,120.00 N
Additional Labor, On Blvl, Other(Skirting N
Install Labor) 1 $3,645.00 $3,645.00
Delivery Haulage Fuel 4 $159.00 $636.00 N
Installation, Ramp Custom Plan (Install
PT Wood Deck-Step-Ramp/Material +
Labor) 1 $16,965.00 $16,965.00 N
Service, Fixtures, Furniture, Equipment
(Sale and Delivery of(6)Workstations to
City of Corpus Christi-NEW Product) 1 $13,271.00 $13,271.00 N
Furniture Sourcewell price @ 5%discount
off of standard furniture.
Total -• Charges
Subtotal $330,063.05
Taxes N/A
Total Charges (including tax) $330,063.05
7special Notes
Mobile Modular Sourcewell Contract#1208220-MMR. (1) Dry 48x60 (no RR) Modular Building, sale price using
standard Sourcewell pricing (-) minus MM discount. All one-time charges including delivery, installation, ADA Ramp,
etc. was priced using RSMeans plus 17% Markup.
Additional Information
• Quote is valid for 30 days.
• Buyer's site must be dry, compacted, level and accessible by normal truck delivery. Costs to dolly, crane, forklift, etc. will be paid by
Buyer. Unless noted, prices do not include permits, stairs, foundation systems, temporary power, skirting,engineering, taxes or
utility hookups.
• Subject to equipment availability. Unless noted, equipment and related furnishings, finishes, accessories and appliances provided
are previously leased and materials, dimensions, and specifications vary. Detailed specifications may be available upon request.
•This transaction is subject to prior credit approval
• Down Payment required upon execution of agreement.
Quote#Q-413081 Page 1 of 6
12/7/2023 6:10:36 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile5700 Las Positas Rd Date of Quote 12/07/2023
z
modular _ Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR Buyer PO#:
• Sales Tax will be calculated based on the tax rate at the time of invoicing.
• Unless otherwise noted, prices do not include prevailing wages, Davis-Bacon wages, or other special or certified wages.
Quote#Q-413081 Page 2 of 6
12/7/2023 6:10:36 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile 5700 Las Positas Rd Date of Quote 12/07/2023
modu la C - Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR I Buyer PO#:
This Sale Quotation and Agreement is entered into by and between Seller and Buyer effective as of the date signed by Buyer.
This Sale Quotation and Agreement includes the terms and conditions set forth in the following two documents(collectively, the
"Agreement"), each of which is incorporated herein by this reference:
1. Sale Terms and Conditions attached hereto; and
2. Supplemental Sale Terms and Conditions located at (https://www.mobilemodular.com/contractterms), as the
same may be updated from time to time in the sole and absolute discretion of Lessor.
By signing below, Seller: (1)acknowledges and agrees that it has received, read and understands the terms of this Agreement
and agrees to be bound by the terms of this Agreement, including prices and specifications, and (2) instructs Seller to make
appropriate arrangements for the preparation and delivery of the Equipment identified herein.This Agreement may be executed
in one or more counterparts (including through the use of electronic signatures), each of which shall be deemed an original and
all of which shall constitute one and the same Agreement. Upon execution of this Agreement, Seller shall generate a Sale
Agreement Number,which shall be referenced on all Seller invoices.
No document provided by Buyer including, without limitation, Buyer's purchase orders, work orders, bills of lading, or forms for
receipt or acknowledgment or authorization ("Buyer Forms"), nor the terms and conditions associated with such Buyer Forms,
shall amend, modify, supplement, waive, or release any term or condition of this Agreement even if such Buyer Forms are
signed by an agent or representative of Seller. The terms and conditions of this Agreement shall prevail over any Buyer
Forms, and any inconsistent or additional terms and conditions in Buyer Forms shall be deemed void ab initio and of no force
or effect.
The individuals signing this Agreement affirm that they are duly authorized to execute this Agreement by and on behalf of the parties
hereto.
SELLER: BUYER:
Mobile Modular Management Corporation City of Corpus Christi
a division of McGrath RentCorp
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Quote#Q-413081 Page 3 of 6
12/7/2023 6:10:36 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile5700 Las Positas Rd Date of Quote 12/07/2023
modh lar «p Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
Buyer PO#:
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
SALE TERMS AND CONDITIONS
1. SALE.Seller sells to Buyer,and Buyer purchases from Seller,the equipment listed on the Agreement hereto("Equipment")on the terms and
conditions set forth herein. This Agreement constitutes a separate and independent sale(a"Sale")of the Equipment specified in the Agreement.
2. 11ME PAYMENT;TITLE RETENTION.
(a) PURCHASE PRICE. The aggregate amount of the purchase price(the"Purchase Price")is set forth in the Agreement. Unless otherwise
specified in writing,Buyer agrees to pay Seller twenty five percent(25%)of the Purchase Price upon execution of the Agreement;sixty five
percent(65%)no fewer than two days prior to the scheduled delivery date;and the remaining ten percent(10%)within thirty(30)days of
substantial completion(substantial completion does not include punch list items). In addition to the Purchase Price, Buyer shall pay such
charges as are attributable to circumstances related to the delivery,drop-off and relocation of Equipment.
(b) TITLE/RETENTION.Title to the Equipment shall not pass to Buyer before the entire Purchase Price has been paid to Seller. Upon Seller's
receipt of payment in full of the Purchase Price,title to the Equipment shall transfer to Buyer,free and clear of all encumbrances arising by
or through Seller. All payments due from Buyer pursuant to the terms of the Agreement shall be made without any abatement or set off of
any kind,arising from any cause.
2. CANCELLATION. All sales are final and non-refundable upon delivery of the Equipment to Buyer's site location.Any requests to cancel or
reschedule orders prior to delivery may or may not be accepted in Seller's sole discretion and must be agreed upon by Seller in writing.Without
waiving any of its rights, Seller is entitled to recover its costs incurred and profits lost as a result of Buyer's cancellation or rescheduling of an
order.A cancellation fee may be assessed against Buyer. In no event shall such fee exceed the full value of the Agreement. If Buyer has made
down payment(s)to Seller prior to cancellation and the cancellation fee is less than the amount(s)already paid,Seller shall deduct the amount
of the cancellation fee from any refund that may be owed to Buyer.If down payment amount(s)already made are less than the cancellation fee,
Seller shall apply the full down payment amount(s)to the payment of the cancellation fee and Buyer will pay the remaining cancellation fee
balance within ten(10)business days after receiving written notice of the balance due.If no down payment has been made by Buyer at the time
of cancellation, Buyer shall pay to Seller the entire cancellation balance within ten (10)business days of receipt of written notice from Seller
stating the cancellation fee balance that is due.
3. DELIVERY AND PLACEMENT OF EQUIPMENT. Seller agrees to deliver the Equipment to the site location listed on the Agreement (the
"Site"). Buyer warrants and represents that it has exercised due diligence and care in selecting a suitable site for the Equipment,shall clearly
mark the site of placement and shall direct Seller on exact placement and orientation of the Equipment. Upon request from Buyer and for an
additional fee,Seller will perform a site visit and make recommendations on placement as it relates to site accessibility and layout. Buyer further
warrants that the Site will have(1)safe access free from encumbrances;(2)a level pad,which is hereby defined as having no greater than a 4-
inch drop in 40 feet(length)and no greater than a 1-inch drop in 8 feet(width);and(3)adequate soil bearing pressure of not less than 1500 psf,
except in the state of Florida, where the minimum soil bearing pressure is 2000 psf. Following delivery, Seller will remove all Seller-owned
Equipment such as plywood, tools, etc. prior to or at the time of building acceptance. Buyer is responsible for all necessary permits, utility
hookups,and Site preparation.
4. INSPECTION AND ACCEPTANCE. Following delivery and setup of the Equipment, Buyer shall inspect the Equipment within forty-eight(48)
hours of substantial completion and provide immediate written notice to Seller specifying defects, if any,which Buyer observes. If Buyer fails
to provide such notice within four(4)days following substantial completion of the project,it shall be conclusively presumed between Buyer and
Seller that Buyer has inspected the Equipment and that all Equipment is in conformance with the Agreement and has been accepted by Buyer.
5. BUYER AGREEMENTS. Buyer agrees that Seller may insert in the Agreement,the serial number and other identification data relating to the
Equipment when ascertained by Seller.
6. LOSS OR DAMAGE.All risk of loss or damage to the Equipment shall transfer to Buyer upon delivery of the Equipment to the site location.
Buyer agrees to indemnify and hold Seller harmless from any loss resulting from the theft,destruction or damage to the Equipment.The cost of
any required repairs shall be borne by Buyer.Any loss of or damage to the Equipment shall not alleviate Buyer's obligation to pay Seller any
remaining balance of the Purchase Price existing at the time of the loss.
7. INSURANCE. Upon delivery of the Equipment and until Buyer has paid for the Equipment in full, Buyer shall provide, maintain, and pay all
premiums for property insurance covering the loss,theft,destruction,or damage to the Equipment in an amount not less than the full replacement
value and will name Seller as loss payee of the proceeds,unless Buyer has paid Seller the entire purchase price in full prior to the scheduled
delivery of the Equipment. This coverage will extend to all property of Seller located at the delivery site during the installation. Upon receipt of
the proceeds of any insurance,Seller will refund to Buyer any amounts in excess of the balance due Seller bythe Buyer in fulfilling the obligations
specified herein.Notwithstanding the above,Buyer shall also provide,maintain,and pay all premiums for general liability insurance in the amount
of$1,000,000.00(one million dollars)and name Seller as an additional insured. All insurance shall be with a company having an A.M. Best
rating of A-or better,and shall not be subject to cancellation without thirty(30)days prior written notice to Seller. Buyer shall deliver to Seller
insurance certificates, or evidence of insurance proving the existence of policies meeting the above requirements, upon execution of the
Agreement.Seller may require Buyer's insurance carrier to be licensed to do business in the state where the Equipment is being sold. Buyer's
obligation to provide said insurance will cease once Equipment has been paid for in full and pursuant to Section 2.
Quote#Q-413081 Page 4 of 6
12/7/2023 6:10:36 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile5700 Las Positas Rd Date of Quote 12/07/2023
z
modular _ Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
Buyer PO#:
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR
8. WAIVER AND INDEMNIFICATION.
(a) Buyer hereby waives and releases all claims against Seller for(i)loss of or damage to all property,goods,wares and merchandise in,upon
or about the Equipment and(ii)injuries to Buyer, Buyer's agents and third persons. Seller shall not be liable for any consequential,incidental,
or special damages of any kind(including, but not limited to damages for loss of use or of profit by Buyer or any other party;or for any collateral
damages),whether or not caused or continued by Seller's negligence or delay,which may result from or arise in connection with the manufacture,
delivery, installation,checkout or use of the Equipment or in connection with the services rendered by Seller hereunder.
(b) Buyer shall indemnify and hold Seller(and its agents and employees)harmless from and against any and all claims,actions or proceedings
and any and all damages, liabilities, losses, costs and expenses(including attorney fees)arising out of or in connection with the Agreement,
including all damages, liabilities, losses, costs and expenses arising from Seller's negligence. If the foregoing obligation is not enforceable
against Buyer under applicable law,Buyer agrees to indemnify and hold Seller harmless from damages,liabilities,losses,costs and expenses
to the maximum extent permitted by applicable law.
9. TERMINATION FOLLOWING BREACH. In the event(a)of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by
or against Buyer voluntarily or involuntarily,under the provisions of the Bankruptcy Code of the United States,for the appointment of a receiver
or trustee or any assignment for the benefit of creditors of Buyer, or(b)that Buyer fails to make timely payments, or perform any of its other
obligations, under the Agreement, and such failure or default is not cured within ten(10)days after written notice of such failure or default is
provided by Seller, the Agreement automatically shall be terminated in the case of any event described in clause (a) above and may be
terminated by Seller in the case of any event described in clause(b)above and, upon such termination,full payment pursuant to the terms of
the Agreement shall become immediately due and payable from Buyer. In the event of any such breach or termination, Seller shall have all
rights provided by law and under the terms and conditions of the Agreement, including but not limited to: repossession and disposal of the
Equipment(and,if any personal property shall remain located in the Equipment at such time,Buyer consents to Seller's possession and disposal
or destruction of such personal property without notice or accounting to Buyer)and recovery of attorney's fees and other reasonable costs and
expenses associated with any breach or termination(including any such disposal or destruction),shall be reimbursed by Buyer on demand of
Seller.
10. GOVERNING LAW. Buyer and Seller agree that the Agreement shall be governed in all respects by, and interpreted in accordance with the
laws of,the State of California,without regard to its conflicts of laws provisions.
11. JURISDICTION.
(a) If the law of the State of Maryland or Virginia shall apply to the Agreement, it is agreed that the venue for a legal action relating to the
Agreement shall be proper if brought in Alameda County,State of California. Subject to Section 9,the prevailing party shall be entitled to recover
reasonable attorneys'fees and court costs,whether or not the action proceeds to judgment.
(b) If the law of any State other than Maryland shall apply to the Agreement,the Federal District Courts located within the State of California
shall have non-exclusive jurisdiction over any lawsuit brought by Buyer or Seller as a result of any dispute regarding matters arising in connection
with the Agreement. Further,it is agreed that the venue for a legal action relating to the Agreement shall be proper if brought in Alameda County,
State of California. Subject to Section 9,the prevailing party shall be entitled to recover reasonable attorneys'fees and court costs,whether
or not the action proceeds to judgment.
12. SELLER'S EXPENSES.Buyer shall pay Seller all costs and expenses,including reasonable attorneys'fees,incurred by Seller in exercising any
of the terms,conditions or provisions of the Agreement.
13. LICENSE AND TRANSFER FEE(S).If so listed on the Agreement,the Purchase Price includes license and/or transfer fees. Buyer will be billed
directly by the State for future annual license fees where applicable.
14. COMPLIANCE WITH LAW. Buyer assumes all responsibility for any and all licenses, clearances, permits and other certificates as may be
required for Buyer's lawful operation, use, possession and occupancy of the Equipment. Buyer agrees to fully comply with all laws, rules,
regulations and orders of all local,state and federal governmental authorities which in any way relate to the Equipment;and to indemnify and
hold Seller harmless from any and all fines,forfeitures,seizures,penalties or other liabilities that may arise from any infringement or violation of
any such law, rule, regulation or order.
15. FEDERAL CONTRACTOR.As a federal contractor,Seller's contracts are subject to the provisions of(i)Executive Order 11246,(41 CFR 60-
1.4); (ii)section 503 of the Rehabilitation Act of 1973, (41 CFR 60-741.5(a); and(iii)section 4212 of the Vietnam Era Veterans Readjustment
Act of 1974,(41 CFR 60-300.5(a).Sellershall abide bythe requirements of 41 CFR 60-741.5(a)and 41 CFR 60-300.5(a).These regulations
prohibit discrimination against qualified individuals on the basis of disability,and qualified protected veterans,and require affirmative
action by covered prime contractors and subcontractors to employ and advance in employment qualified individuals with disabilities,
and qualified protected veterans.
16. MISCELLANEOUS.
(a) MODIFICATIONS AND AMENDMENTS. Representations and warranties made by any person, including agents and representatives of
Seller, which are inconsistent or conflict with the terms of the warranty contained in Section 1 of the Incorporated Provisions on the website
(including but not limited to the liability of Seller as set forth above)shall not be binding upon Seller unless reduced to writing and approved by
Quote#Q-413081 Page 5 of 6
12/7/2023 6:10:36 PM
Sale Quotation and Agreement
a Division of McGrath RentCorp
Corporate Headquarters Quote# Q-413081
mobile5700 Las Positas Rd Date of Quote 12/07/2023
z
modular _ Livermore, CA 94551
925-606-9000 Quote Expiration Date: 01/06/2024
www.mgrc.com Estimate Del Date 03/20/2024
MOBILE MODULAR SOURCEWELL CONTRACT ID# 120822-MMR I Buyer PO#:
an officer of Seller. Notwithstanding the foregoing,from time to time,Buyer or Seller may request modifications to the scope ofwork hereunder,
which at the sole option of the Seller may be accepted and thus alter the final price stipulated herein.These changes in scope will be deemed
approved by Buyer when evidence of work performance is presented by Seller.
(b) NO WAIVER. Failure of Seller to enforce any term or condition of the Agreement shall not constitute waiver of any rights stipulated herein,
nor shall it in any manner affect the rights of Seller to enforce any of the provisions stated herein.Waiver by Seller of any provision of the
Agreement shall be valid only as provided in subsection(a)above and only with respect to the specific matter to which such waiver relates.
(c) If the law of the State of North Carolina shall apply to the Agreement,the does not constitute a'construction contract'or otherwise relate to
the improvement of real estate or the design,planning,construction,alteration, repair or maintenance of a building,structure or appurtenance.
17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Seller and Buyer regarding the subject matter hereof. If
any part of the Agreement is found to be invalid or illegal, Buyer and Seller agree that only the invalid or illegal portion of the Agreement will
be eliminated.
Sale Terms and Conditions, Rev12/12/16
Quote#Q-413081 Page 6 of 6
12/7/2023 6:10:36 PM
Hygeia Office Deterioration
February 20, 2024
\`�_ W,4,
SERVICES
The Issue
• Building has interior deterioration
• Sinking Floor
• Interior walls separating from ceiling
• Trip hazardous
• Current space is too small to accommodate the staff managing waste
collection operations at the administrative office
• 50+ drivers dispatch from current offices
• 6 additional staff located in additional areas will join
SERVICES
Interior Wall Example
f
._ • Multiple interior
walls separating
from ceiling.
W
moo=
� t
SERVICES
Trip Hazards
a E m�.rwy�A.
* Floor sinking
creating
roww," mm:
m separation
from stairs.
E
SERVICES
Exterior Door
All( ,.
• Exterior door wall is
sinking causing potential
egress issues.
_ o
\� w-4X
E
SERVICES
Lease vs Purchase Options
• Solid Waste Performed a Cost Benefit Analysis:
o Average Lease cost per year $ 88,590
o Purchase cost $330,063
o Break even at 3.7 years
• The purchase of the modular building was unbudgeted for FY24, but
proves to be the most cost-efficient option
W,4X
z
ems
SERVICES
SC
00 �
0 �
NCORPOR 1'0 AGENDA MEMORANDUM
1852 Action Item for the City Council Meeting of February 13, 2024
DATE: February 13, 2024
TO: Peter Zanoni, City Manager
FROM: Bill Mahaffey, Director of Gas Operations
BilIM(a)cctexas.com
(361) 826-1801
Josh Chronley, Assistant Director of Contracts & Procurement
Josh C2(a)cctexas.com
(361) 826-3169
Purchase of Mainline Control Stopping Systems for Gas Operations
CAPTION:
Resolution authorizing the purchase of a mainline control stopping system, used to
isolate pressurized gas mains in cases of emergency, from Groebner & Associates,
Inc., of Rogers, Minnesota, in the amount of $250,498.10 for the Gas Operations
Department, with FY 2024 funding from the Gas Operations Fund.
SUMMARY:
This resolution authorizes a one-time purchase of the Kleiss Mainline Control Stopping
System for Gas Operations. This purchase is important for pipeline repair because the
system offers the ability to work with multiple diameter pipe sizes with one fitting and
eliminates the need to purchase separate fitting for each pipe size.
BACKGROUND AND FINDINGS:
The Gas department currently has a service agreement with T.D. Williamson for Emergency
Services related to Hot Tapping & Stopple Services for piping with a diameter above 10" but
less than 18". Hot Tapping & Stopple Services is a procedure that allows safely making links
and connections to the pipeline operating under the pressure without stoppage of operation.
However, there is a practical limitation with the system as it requires fittings for each
individual pipe size.
The Kleis Mainline Control Stopping System is a controllable fittings tool to stop or redirect
the flow of gas in distribution system. It is designed to tap and stop flow in natural gas lines
10" through 16" (18" PE) operating at a maximum of 60 psi. It provides safe stopping of
natural gas flow in pipelines and allows for streamlined in-place pipeline repairs and new
line connections. This system allows operators to stop the flow of natural gas safely and
efficiently without shutting down the pipeline. The system can perform purging, by-passing,
back-pressuring, and monitoring of system pressures all through a single tap. It can handle
multiple diameter pipe sizes with one fitting.
PROCUREMENT DETAIL:
This is a sole source procurement. Groebner & Associates, Inc. is the single authorized
source provider for Kleiss Mainline Control Systems in Central America.
ALTERNATIVES:
The alternative is to not purchase the equipment and outsource the bypass of larger
diameter gas mains.
FISCAL IMPACT:
The fiscal impact for Gas Operations in FY 2024 is an amount of $250,498.10 with funding
from the Gas Operations Fund.
FUNDING DETAIL:
Fund: 4130 Gas
Organization/Activity: 34130 Gas Construction
Mission Element: 011 Gas Distribution System
Project # (CIP Only): N/A
Account: 520090 Minor tools & equipment
RECOMMENDATION:
Staff recommends approval of this resolution authorizing the purchase of a Mainline Control
Stopping System from Groebner & Associates, Inc., of Rogers, Minnesota as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Price Sheet
MC Customer List
City of Corpus Christi Price Sheet
Finance - Procurement-Sr. Buyer:Cynthia Perez Mainline Control Systems for Gas Operations
Groebner&Associates,Inc. Rogers,MN
ITEM DESCRIPTION QTY Total
1 MCS/KLEISS HOT TAPPING &COMPETION KIT 1 $ 33,954.55 $ 33,954.55
2 PILOT DRILL ADAPTER 3/4"-M12 FOR MCS60-1016 1 $141.55 $141.55
3 STEEL&CI CUTTER 1004HM 3.8"WITH 1 $887.73 $887.73
4 PILOT DRILL FOR 1 $249.55 $249.55
5 CUTTER 1003 FOR PE 3.8 W/7/8 BST 1 $1,795.91 $1,795.91
6 ISAFETY FITTING SILVER FITS ALL 7 $116.18 $813.26
7 KLEISS VENTURI VENT STACK w/30'ANTISTATIC 1 $3,694.09 $3,694.09
8 10"-16"CARB STL 4TLx2 1/2"TH COMP PLUG&BLIND 4 $2,078.18 $8,312.72
9 HANDPUMP TYPE 511 WHOSE 1 $560.45 $560.45
10 MAGNETIC SPINDLE MCS-1016 1 $661.91 $661.91
11 BY-PASS GAUGE TREE 160 PSI 1" FEM CAMLK 2 $249.55 $499.10
12 BY-PASS TEE 2 $184.91 $369.82
13 JAIR HOSE ADAPTER FEM KLEISS MALE STD 2 $40.09 $80.18
14 MCS/KLEISS FLOW STOPPING TL 10"- 16"60max PSI 4 $41,923.64 $167,694.56
15 8.85 10.82" ID STOPPER 60 PSI MDS 4 $2,262.27 $9,049.08
16 9.84 12.40" ID STOPPER 60 PSI MDS 4 $2,340.00 $9,360.00
17 12.4 15.74" ID STOPPER 60 PSI MDS 4 $2,605.91 $10,423.64
FREIGHT 1 $1,950.00 $1,950.00
Total Amount _____r$_250,498.1 0
Page 1 of 1
Resolution authorizing the purchase of a mainline control stopping
system, used to isolate pressurized gas mains in cases of emergency,
from Groebner&Associates, Inc., of Rogers, Minnesota, in the amount
of $250,498.10 for the Gas Operations Department, with FY 2024
funding from the Gas Operations Fund.
WHEREAS, the City's Gas Operations Department needs a mainline control
system, which will be utilized to provide for the safe stopping of natural gas flow in
pipelines and is critical in sustaining the department's operational reliability for service;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, there is a statutory exemption for this procurement in Local
Government Code, Section 252.022(a)(2), as this purchase is necessary to provide to
preserve or protect the public health or safety of the municipality's residents;
WHEREAS, there is also a statutory exemption for this procurement in Local
Government Code, Section 252.022(a)(7)(A), as this purchase is a procurement of items
available from only one source due to patents, copyrights, secret processes, or natural
monopolies; and
WHEREAS, there is an additional statutory exemption for this procurement in
Local Government Code, Section 252.022(a)(7)(D), as this purchase is available from
only one source as a captive replacement part or component for equipment.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or his designee, is authorized to purchase a mainline control
stopping system from Groebner &Associates, Inc., for$250,498.10, with FY 2024 funding
from the Gas Operations Fund.
PASSED and APPROVED on the day of , 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
e.�llf+
l�
844-FLO-STOP I sales@mainlinecs.com I www.MainlineControlSystems.com
Mainline
Control Systems
As of 12/31/2023
Current Users of MCS Equipment
***Note that the MCS Systems have been lab tested, field tested, and evaluated by Gas
Technology Institute (GTI) with support of OTD member utilities in 2015/2016 with positive results.
COMPANY STATE SYSTEMS
Black Hills Energy NE MCS7-2PVC Purchased 2016
CenterPoint Energy TX (2) MCS60-38 & MCS60-1016 Purchased 2019
CenterPoint Energy LA MCS60-38 & MCS120-24 Purchased 2021
Chesapeake Utilities DE MCS60-1016 Purchased 2020
Con Edison NY MCS60-38 Purchased 2017
Connecticut Nat Gas CT MCS60-38 Purchased 2022
Delmarva DE MCS60-38 Purchased 2022
Dominion Gas UT (2) MCS60-38 Purchased 2016 /2019
DTE / Michcon MI MCS60-1016 Purchased 2014 & MCS15-1824 Purchased
2020
Eversource CT, MA (2) Each MCS60-38, MCS60-1016, & MCS15-1824
Purchased 2018 & 2022
Great Plains Natural Gas Co. MN MCS7-2PVC & MCS15-316 Purchased 2016
Liberty Utilities MO MCS60-G14 Purchased 2022, MCS60-38 Purchased 2019
(2 Towers, 1 Tapping Kit)
Madison Gas and Electric WI MCS60-38 Purchased 2017
Montana-Dakota Utilities MT (2) MCS60-38, & MCS60-1016 Purchased 2016/2017/2021
Montana-Dakota Utilities ND (2) MCS60-38
Montana-Dakota Utilities SD MCS60-38
National Grid NY (2) MCS60-38, MCS60-1016, & MCS15-1824 Purchased
2017, (1) MCS60-38 2022
New York State NY MCS60-38 & MCS60-1016 Purchased 2017
Electric &Gas Corp
NIPSCO IN MCS60-38 Purchased 2016
Northwestern Energy MT MCS60-38
Norwich Public Utilities CT MCS60-38 Purchased 2017
Palo Alto Public Works CA MCS60-38 & MCS60-2 Purchased 2018 /2019
844-FLO-STOP sales@mainlinecs.com www.MainlineControlSystems.com
Mainline
Control Systems
COMPANY STATE SYSTEMS
Peoples Gas IL MCS60-1016 Purchased 2018
Peoples Gas PA PA MCS60-38 & MCS60-1016 Purchased 2021
Rochester Gas & Electric NY MCS60-1016 Purchased 2018
Southwest Gas AZ (3) MCS 120-24
Xcel Energy CO MCS60-38 & MCS60-2
Xcel Energy MN MCS60-38 Purchased 2016
Xcel Energy ND MCS60-38 Purchased 2016
Kleiss Mainline Control Stopping System
Council Presentation
February 20, 2024
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• Meets the needs of North American Natural Gas Local
Distribution Companies.
• Easier to use and more effective at stopping off flow than
current system.
• Works with various pipe materials and a wide range of pipe
diameters.
• A unique system for each job is no longer needed.
• Creates a better seal over uneven areas than current system.
• Doesn't comprise the integrity of the pipe material- a safe
alternative to squeezing plastic pipe.
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H AGENDA MEMORANDUM
µoRPORPg4 First Reading for the City Council Meeting of February 20, 2024
1852 Second Reading for the City Council Meeting of February 27, 2024
DATE: January 30, 2024
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA, CGFO Assistant city Manager
Heatherh3Ca)-cctexas.com
361-826-3506
Homewood Suites by Hilton
CAPTION:
Ordinance authorizing an agreement between the Corpus Christi B Corporation and Elevate
QOF LLC, for costs associated with FEMAAE Flood Zone requirements and exterior upgrades
for Homewood Suites by Hilton at the corner of Chaparral Street and Lomax Street;
appropriating $2,000,000.00 for a non-reimbursable grant from the Type B Economic
Development Fund; and amending the budget.
SUMMARY:
This ordinance authorizes an agreement with Elevate QOF LLC, in an amount not to exceed
$2,000,000 for the Homewood Suites by Hilton.
BACKGROUND AND FINDINGS:
On January 22, 2024, the Type B Corporation unanimously approved an agreement with
Elevate QOF LLC for costs associated to FEMA AE Flood Zone requirements, exterior
upgrades, and lease spaces in an amount up to $2,000,000 for Homewood Suites by Hilton to
be paid over a five-year period.
On December 11, 2023, the Type B Corporation approved an incentive amount not to exceed
$2,000,000 and amending the budget for Homewood Suites Hotel and requested the agreement
be brought back to the Type B Board at the next meeting in January 2024.
During the November 9, 2023, Corpus Christi Regional Economic Development Corporation
(CCREDC) Board of Directors meeting, the board recommended the $1,043,433 to the Type B
Board. An economic impact report was conducted by CCREDC staff, and the analysis
generated a total incentive amount of$1,043,433 with a payback period of five years at a rate of
return of 19.7%. The total capital investment is $30,000,000, 70 jobs created with an average
salary of$30,000.
The Hilton — Homewood Suites is requesting a grant of$2,000,000 from the Type B Corporation
for construction of a five story, 127-room dual hotel (overnight and extended stay) at the corner
of N. Chapparal Street and Lomax Street, across from the Executive Surf Club. The hotel will
include a rooftop bar, retail space, Top Golf Swing Suites, outdoor patio, and other amenities.
The grant request will be utilized for additional costs associated to newly defined Federal
Emergency Management Agency (FEMA) AE Flood Zone requirements that has added
additional unexpected costs of$1,510,087.50 towards the project. In the requirements,
Homewood Suites would have to be raised a minimum of four feet high on the site as well as
dry flood proofing around the entire first floor. The remaining $489,912.50 will be utilized for
glazing, facing Chaparral & Outdoor Dining Area - $210,000, Concrete at outdoor dining patio -
$50,000, Covered Seating & Shade Canopies at Retail Frontage - $35,000, Grease Trap &
Utilities to Lease Spaces - $45,000, and Gray Box Finish-out for 3 Lease Spaces - $150,000
(7,500sf @ $20/sf).
Also, the project has been approved for a tax reimbursement from TIRZ #3 downtown for a not
to exceed amount of$1.55 million for the improvements listed below under their project specific
program back in June 2023. This also included a line item of$150,000 for flood mitigation.
"Improvement Description of Potential TIRZ Costs
Qualifying Item Estimated Cost Related Line Item
5th Floor Bar $ 225,000.00 Exterior and Roof
Other Floors $ 600,000.00 Steel Structure Upgrades
Rear Seating Patio $ 25,000.00 Landscaping and Amenities
Flood Mitigation $ 150,000.00 Site Utilities
Urban Design $ 550,000.00 Exterior and Roof
Total Reimbursement
Cap $ 1,550,000.00
ALTERNATIVES:
The Type B Board may choose to fund at a lesser amount or not at all.
FINANCIAL IMPACT:
The financial impact is an amount not to exceed $2,000,000.00 to be funded with the Type B
Economic Development Fund in FY 2024.
Funding Detail:
Fund: 1146 Economic Development Fund
Organization/Activity: 15020 Large Business Projects
Department:
Project # (CIP Only):
Account: 530000 Professional Services Expense
RECOMMENDATION:
Staff recommends approval of the agreement in an amount not to exceed $2,000,000 to be
funded by the Corpus Christi B Corporation in FY 2024.
LIST OF SUPPORTING DOCUMENTS:
Agreement
FEMA Cost Estimates
FEMA Flood Map
PowerPoint Presentation
BUSINESS INCENTIVE AGREEMENT BETWEEN
THE CORPUS CHRISTI B CORPORATION AND ELEVATE QOF, LLC
FOR THE DEVELOPMENT OF A HOTEL AND RETAIL PROJECT
This Business Incentive Agreement for Capital Investments and the development of a
Homewood Suites by Hilton hotel with retail space on the first floor ("Agreement') is
entered into between the Corpus Christi B Corporation ("Corporation")and Elevate QOF,
LLC ("Company"),a Texas limited liability company.
WHEREAS,the Texas Legislature in Chapter501 et seq.of the Local Government Code
(Development Corporation Actof 1979) (the"Act') empowered local communitieswith 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 1, Adopt
Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the
adoption of a sales and use tax to be administered by a Type B Corporation at the rate of
one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1)
50%to the promotion and developmentof newand expanded business enterprises to the
full extent allowed by Texas law, (2) $500,000 annuallyfor affordable housing,and (3)
the balance of the proceeds for the construction,maintenance and repair of arterial and
collector streets and roads;
WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was
subsequently enacted by the City Council and filed with the State Comptroller of Texas,
effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board;
WHEREAS,the Corpus Christi B Corporation exists for the purposes of encouragingand
assisting entities in the creation of jobs forthe citizens of Corpus Christi,Texas;
WHEREAS,the Company has proposed a development project for construction of a new
127-roam hotel at the intersection of Chaparral Street and Lomax Street in the City's
downtown,which includes the creation of 65 new full-time jobs(the"Project');
WHEREAS,Section 501.073 of the Act requires the City Council to approve all programs
and expenditures of the Corporation; and
1
Type B Business Incentive Agreement
WHEREAS,the Board determined that it is in the best interests of the citizens of Corpus
Christi, Texas that business development funds be provided to Company, through this
Agreement with Company,to be used by Company to develop the Project;
In consideration of the covenants, promises, and conditions stated in this Agreement,
Corporation and Company agree as follows:
1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest
date that either party executes this Agreement, so long as the Agreement has been
approved by the City's City Council. Company understands that this Agreement is
dependent upon the approval of City Council.
2. Term. The term of this Agreement is for seven years beginning on the Effective Date.
3. Performance Requirements.
a. Company agrees to use these funds to reimburse the cost of certain
improvements allowed under Section 501.103 and 505.152 of the Texas Local
Government Code needed for the Project.
b. Company agrees to provide the Corporation with a sworn certificate by an
authorized representative of the Company, certifying the amount expended for
qualifying improvements.
c. Company must provide the Corporation with a detailed listof expenditures each
year within 30 days of the anniversary of the Effective Date until construction is
complete.
d. During theterm of this Agreement,Companywill investat least$28,000,000 for
construction of the Project, which must include at least 120 hotel rooms, 7,000
square feet of retail space, and indoor and outdoor dining space.The Project must
include high-end features, including metal framing, a rooftop bar, and
entertainment spaces, such as the anticipated Top Golf digital amenities on the
fifth floor. The retail, dining,bar, and entertainment spaces must be available to
the general public and not reserved forthe exclusive use of hotel guests.
e. Company must complete the improvements required in Exhibit A on or before
September 30, 2025.
f. On or before September 30,2025, Company must certify the creation of at least
55 new full-time jobs, with a minimum payroll of $1,499,960.Company shall,over
the term of this Agreement, create 65 full-time jobs, no later than September 30,
2027, with an average salary of$30,769 as described in the schedule below.
2
Type B Business Incentive Agreement
Year Number of Number of Average Salary Annual Payroll
New Jobs Retained Jobs
2025 55 0 $27,272 1,499,960
2026 5 55 $28,333 1,699,980
2027 5 65 $29,320 1,905,800
2028 0 65 $30,769 1,999,985
2029 0 65 $32,300 2,099,500
g. Company must retain all jobs created in accordancewith this Agreement forth e
full term of the Agreement.
h. Company must retain ownership interest in the Project for at least five years
after completion of con struction.Assign men tofthis Agreementor payments under
this Agreement during that five-year period is only effective if approved in writing
by the City Manager of the City of Corpus Christi.
4. Grant Award.
a. The Corporation will grant Company the amount not to exceed $2,000,000,
which will be paid in five annual payments notto exceed $400,000. Company can
request payments annually following the issuance of a permanent Certificate of
Occupancy for the Project and proof of compliance with the requirements of
Section 3 above.
L After completion of the Project (and verification of the required
expenditures), should Company fail to meet all of the Performance
Requirements in anyoneyear, Companyshall receive a reduced percentage
of the Cash Incentive in effect that year. Such reduction will be in that
percentage equal to the percentage that Company's performance falls below
the Performance Requirements. However,if Company fails to meet at least
70% of any of the Performance Requirements in any one year, then
Company is not entitled to any payment for thatyear.
ii. In the event that Companyfails to meet both the required numberof jobs
and the required payroll, Companywill receive the lower prorated incentive.
This requires a calculation of#of created jobs/# of required jobs*$400,000
and$ of actual payroll/$ of required payroll * $400,000. Whichevernumber
is lower is the incentive to be paid.
iii. For purposes of example, if Company creates at least 55 full-time jobs in
the first year, with the minimum payroll of$1,499,000, then Corporation will
provide the full incentive for that year at $400,000. However, if Company
creates only 53 new full time jobs in the first year with a payroll of
$1,450,000, then Company is entitled to 96.4% of the incentive amount,
3
Type B Business Incentive Agreement
which is$385,455, based on the creation of only 96.4% of the required full-
time jobs. If the Company creates only 37 new full-time jobs in the first year
or has a payroll of less than $1,049,972, then Company is not entitled to any
incentive paymen t in the first year.
b.The Corporation wiII p rovi de th e fu n d i ng with 1 n 60 days after rece 1 pt of a q u a I ified
annual rei mbu rsement req u est for su ch fu n d i ng from Compan y,b u t no earl i er th an
the 61s' day after the public hearing held at the Corporation's meeting on
December 11, 2023.3. Along with any request for reimbursement, Company
must submit certification that there are no mechanics, contractors or
materialman's liens against the property and provide documentation establishing
that all other performance requirements,including the creation of jobs, have been
met. If Companydoes not provide the required documentation priorto the end of
the Term, this Agreement shall expire, and Company shall not be entitled to the
grantfunds.
5. Utilization of Local Contractors and Suppliers. Company agrees to exercise
reasonable efforts in utilizing local contractors and suppliers in the construction of the
Project, except where not reasonably possible to do so without added expense,
substantial inconvenience,or sacrifice in operating efficiency in the normal course of
business,with a goal of 50% of the total dollar amountof all construction contracts and
supply agreements being paid to local contractors and suppliers. For the purposes of this
section, the term "local" as used to describe manufacturers,suppliers,contractors, and
labor includes firms, businesses,and persons who reside in or maintain an office within
a 50-mile radius of Nueces County. Company agrees, during the construction of the
Project and for four year's after Completion,to maintain written records documenting the
efforts of Companyto comply with thel-ocal Requirement,and to provide an annual report
to the City Manager or designee, from which the City Manager or designee shall
determine if Company is in compliance with this requirement. Failure to substantially
comply with this requirement,in the sole determination of the City Manager or designee,
shall be a default hereunder.
6. Utilization of Disadvantaged Business Enterprises (`DBE). Company agrees to
exercise reasonable efforts in utilizing contractors and suppliers that are determined to
be DBEs, including minority business enterprises, women-owned business enterprises
and historically-underutilized business enterprises. In order to qualify as a business
enterprise under this provision, the firm must be certified by the City, the Regional
Transportation Authority or another governmental entity in the jurisdiction of the home
office of the business as complying with state or federal standards for qualification as
such an enterprise. Company agrees to a goal of 30% of the total dollar amount of all
construction contracts and supply agreements being paid to DBEs,with a priority made
4
Type B Business Incentive Agreement
for DBEs which are local.Company agrees, during the construction of the Project and for
four years after Completion, to maintain written records documenting the efforts of
Company to comply with the DBE Requirement,and to provide an annual report to the
City Manager or designee,from which the City Manager or designee shall determine if
Company is in compliance with this requirement. Failure to substantially comply with this
requirement,in the sole determination of the City Manageror designee,shall be a default
hereunder. For the purposes of this section, the term "local" as used to describe
contractors and suppliers that are determined to be DBEs, including minority business
enterprises, women-owned business enterprises and historically-underutilized business
enterprises includes firms, businesses,and persons who reside in or maintain an office
within a 50 mile radius of Nueces County.
7. Living Wage Requirement. In order to countas a permanent full-time job underthis
agreement, the job should provide a "living wage" for the employee. The target living
wage underthis agreement is that annual amountequal or greater than poverty level for
a family of three, established by the U.S. Department of Health and Human Services
Poverty Guidelines, divided by 2,080 hours per year for that year.
8. Health Insurance. To qualify for this incentive, an employer shall certify that it has
offered a health insurance program for its employees during the term of the Agreement.
The health insurance program must comply with all applicable laws.
9. Warranties. Company warrants and represents to Corporation the following:
a. Company is a limited liability company duly organized, validly existing, and in
good standing underthe laws of the State of Texas, has all power and authorityto
cant' on its business as presently conducted in Corpus Christi,Texas.
b. Companyhas the authorityto enterinto and perform, andwill perform,the terms
of this Agreement to the best of its ability.
c. Company has timely filed and will timely file all local, State, and Federal tax
reports and returns required by laws to be filed and all taxes, assessments, fees,
and other governmental charges, including applicable ad valorem taxes, have
been timely paid, and will be timely paid, during the term of this Agreement.
d. Company has received a copy of the Act and acknowledges that the funds
granted under this Agreement must be utilized solely for purposes authorized
under State law and by the terms of this Agreement.
5
Type B Business Incentive Agreement
e. The person executing this Agreement on behalf of Company is duly authorized
to execute this Agreement on behalf of Company.
f. Company does not and agrees that it will not knowingly employ an
undocumented worker. If, after receiving payments under this Agreement,
Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company
shall repay the payments received underthis Agreement to the City,with interest
at the Wall Street Journal Prime Rate, not later than the 120th day after the date
Company has been notified of the violation.
10. Compliance with Laws. During the Term of this Agreement, Company shall observe
and obey all applicable laws, ordinances, regulations, and rules of the Federal, State,
county, and city governments.
11. Non-Discrimination. Company covenants and agrees that Company will not
discrimin ate nor permit discrimination againstany person or groupof persons,with regard
to employment and the provision of services at, on, or in the Project, on the grounds of
race, religion, national origin, marital status, sex, age, disability, or in any manner
prohibited by the laws of the United States or the State of Texas.
12. Force Majeure. If the Corporation or Company is prevented,wholly or in part, from
fulfilling its obligations underthis Agreement by reason of any act of God, unavoidable
accident,acts of enemies,fires,floods,governmental restraint or regu lation,other causes
of force majeure, or by reason of circumstances beyond its control,then the obligations
of the Corporation or Company 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.
13. Assignment. Company may notassign all or any part of its rights,privileges,or duties
u nderth is Agreement without the prior written approval of the Corporation and City. Any
attempted assignment without approval is void and constitutes a breach of this
Agreement.
94. Indemnity. Company covenants to fully indemnify,save,and hold
harmless the Corporation, the City, their respective officers,
employees, and agents ("Indemnitees") against all liability, damage,
6
Type B Business Incentive Agreement
loss, claims,demands,and actions ofanykind on account ofpersonal
injuries (including, without limiting the foregoing, workers'
compensation and death claims), or property loss or damage of any
kind, which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any mannerconnected with Company's
activities conducted under or incidental to this Agreement, including
any injury, loss or damage caused by the sole or contributory
negligence ofany or all of the Indemnitees. Companymust,at its own
expense, investigate all those claims and demands, attend to their
settlement or other disposition, defend all actions based on those
claims and demands with counselsatisfactory to Indemnitees,and pay
all charges of attorneys and all other costs and expenses of any kind
arising from the liability, damage, loss, claims, demands, or actions.
15. Events of Default by Company. The following events constitute a defauItof this
Agreement by Company:
a. The Corporation or City determines that any representation or warranty on
behalf of Company contained in this Agreement or in any financial statement,
certificate, report, or opinion submitted to the Corporation in connection with this
Agreement was incorrect or misleading in any material respect when made;
b. Any judgment is assessed against Company or any attachment or other levy
against the property of Company with respect to a claim remains unpaid,
undischarged, or not dismissed for a period of 120 days.
c. Company makes an assignment for the benefit of creditors.
d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt.
e. If taxes owed by Company become delinquent,and Companyfails to timely and
properly follow the legal procedures for protest or contest.
f. Company changes the general character of business as conducted as of the
date this Agreement is approved by the Corporation.
7
Type B Business Incentive Agreement
g. Company fails to complete all of the improvements listed in Exhibit A on or
before September 30, 2025, or fails to comply with one or more terms of this
Agreement.
16. Notice of Default. Should the Corporation or City determine that Company is in
default according to the terms of this Agreement, the Corporation or City shall notify
Companyin writing of the event of defaultand provide 60 days from the date of the notice
("Cure Period")for Company to cure the event of default.
17. Results of Uncured Default by Company. The following actions must be taken for
any default that remains uncured after the Cure Period.
a. Company shall immediately repay all funds paid by Corporation to it underthis
Agreement.
b. Company shall pay Corporation's reasonable attorney fees and costs of court
to collect amountsdueto Corporation if notimmediately repaid upon demandfrom
the Corporation.
c. Upon payment by Companyof all sumsdue,the Corporation and Companyshall
have no further obligations to one another under this Agreement.
18. 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 non observance on anyother
occasion of the covenant or condition or any other covenant or condition of this
Agreement.
c. Any waiver or indulgence of Company's default may not be considered an
estoppel against the Corporation.
d. It is expressly understood that if at any time Company is in default in any of its
conditions or covenants of this Agreement, the failure on the part of the
Corporation to promptly avail itself of the rights and remedies that the Corporation
8
Type B Business Incentive Agreement
may have, will not be considered a waiver on the part of the Corporation, but
Corporation may at any time avail itself of the rights or remedies or elect to
terminate this Agreement on account of the default.
19. Company specifically agrees that Corporation shall only be liable to Company for the
actual amountof the money grants to be conveyed to Company, and shall not be liable
to Company for any actual or consequential damages,director indirect,interest,attorney
fees, or cost of court for any act of default by Corporation under the terms of this
Agreement. Payment by Corporation is strictly limited to those funds so allocated,
budgeted,and collected solelyduringthe grantterm of this Agreement. Corporation shall
use its best efforts to anticipate economic conditions and to budget accordingly.
However, it is further understood and agreed that, should the actual total sales tax
revenue collected for any one year be less than the total amount of grants to be paid to
all contracting parties with Corporation for that year, then in that event, all contracting
parties shall receive onlytheir pro rata share of the available sales tax revenue for that
year, less Corporation's customary and usual costs and expenses, as compared to each
contracting parties' grant amou n t for th at year, and Corporation shall not be liable to for
any deficiency at that time or at any time in the future. In this event, Corporation will
provide all supporting documentation,as requested. Payments to be made shall also
require a written requestfrom Company to be accompanied by all necessary supporting
docu mentation.
20. The parties mutually agree and understand that funding under this Agreement is
subject to annual appropriations by the City Council;that each fiscal year's funding must
be included in the budget for that year; and the funding is not effective until approved by
the City Council.
21. Notices.
a. Any required written notices shall be sent mailed, certified mail, postage
prepaid,addressed as follows:
Company:
Elevate QOF, LLC
Attn: Deven Bhakta/Philip Ramirez
1410 Crescent Dr.
Corpus Christi, Texas 78412
9
Type 8 Business Incentive Agreement
Corporation:
Corpus Christi B Corporation
Attn.: Executive Director
1201 Leopard Street
Corpus Christi,Texas 78401
b. A copy of all notices and correspondence mustbe sentthe City atthe following
address:
City of Corpus Christi
Attn.: Assistant City Manager
P.O. Box 9277
Corpus Christi,Texas 78469-9277
c. Notice is effectiveupon depositin the United States mail in the mannerprovided
above.
23. 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.
24. Relationship of Parties. In performing this Agreement, both the Corporation and
Company will act in an individual capacity, and not as agents, representatives,
employees, employers, partners, joint-venturers, or associates of one another. The
employees or agents of either party may not be, nor be construed to be, the employees
or agents of the other party for any purpose.
25. Captions. The captions in this Agreement are for convenience only and are not a
part of this Agreement. The captions do not in anyway limit or amplify the terms and
provisions of this Agreement.
26. Severabillty.
a. If forany reason, any section,paragraph, subdivision,clause,provision,phrase
or word of this Agreement or the application of this Agreement to any person or
circumstanceis,to any extent, held illegal,invalid,or u n enforceable u n der present
or future law or by a final judgment of a court of competent jurisdiction,then the
remainderof this Agreement, or the application of the term or provision to persons
or circumstances other than those as to which it is held illegal, invalid, or
unenforceable,will notbe affected bythe lawor judgment,foritisthe definiteintent
10
Type B Business Incentive Agreement
of the parties to this Agreementth at every section,paragraph,subdivision,clause,
provision, phrase, or word of this Agreement be given full force and effect for its
purpose.
b.To the extent that anyclauseor 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.
27. Venue. Venuefor any legal action related to this Agreement is in Nueces County,
Texas.
28. Sole Agreement. This Agreement constitutes the sole Agreement between
Corporation and Company. Any prior Agreements, promises, negotiations, or
representations, verbal or otherwise, not expressly stated in this Agreement, are of no
force and effect.
29. Survival of terms of Agreement and obligations of parties. The terms of this
Agreement and the obligation of the parties relating to Section 14 shall survive the
termination of this Agreement.
(Remainder of this page intentionally left blank)
11
Type B Business Incentive Agreement
Corpus Christi B Corporation
By:
Leah Pagan Olivard
President
Date:
Attest:
By:
Rebecca Huerta
Assistant Secretary
Elevate QOF,LLC
By its managing member,Jacek, LLC
By:
Dev n Bhakta
Manager
Date:
THE STATE OF TEXAS
COUNTY OF NUECES
This instrumentwas acknowledged before me on a `�` ,2024, by
Deven Bhakta, Manager of Jacek, LLC, a Texas limited liabW4 company, as the
managing member of Elevate QOF, LLC, a Texas limited liability company, on behalf of
the company.
- - - - - - - - - - - -
o.�"vap� Darlene L.Gonzalez
�',�,(�,o Notary Public,state of Texas
Notary Public *11! '* Conn. 03.13-2=
State of Texas �� Notary ID 13148682-7
12
Type B Business Incentive Agreement
APPLICATION AND CERTIFICATE FOR PAYMENT
TO OWNER: PROJECT: APPLICATION#: 1 Distribution to:
Elevate QOF,LLC Homewood Suites Floodproofing Bid PERIOD TO:
PO Box 61178 402 Lomax St PROJECT NOS: 1 Owner
Corpus Christi,Tx 78466 Corpus Christi,Tx 78401 Const.Mgr
FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: Architect
APD Construction LLC Contractor
4210 Surfside Dr
Corpus Christi,Tx 78402
CONTRACT FOR:
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information and
Application is made for payment,as shown below,in connection with the Contract. belief the Work covered by this Application for Payment has been completed in accordance with the
Contract Documents,that all amounts have been paid by the Contractor for Work for which previous
Continuation Sheet is attached. Certificates for Payment were issued and payments received from the Owner,and that current payment
shown therein is now due.
1.ORIGINAL CONTRACT SUM----------------------- $ 1,510,087.50 CONTRACTOR:
2.Net change by Change Orders------------------ $
3.CONTRACT SUM TO DATE(Line 1 +/-2) $ 1,510,087.50 By: Date:
4.TOTAL COMPLETED&STORED TO DATE-$
(Column G on Continuation Sheet) State of: Texas
5.RETAINAGE: County of: ITeces
a. of Completed Work $I Subscribed and sworn to before
(Columns D+E on Continuation Sheet) me this day of
b. of Stored Material $
(Column F on Continuation Sheet) Notary Public:
Total Retainage(Line 5a+5b or My Commission expires:
Total in Column 1 of Continuation Sheet-------- $I CERTIFICATE FOR PAYMENT
6.TOTAL EARNED LESS RETAINAGE----------- $1 In accordance with Contract Documents,based on on-site observations andthe data comprising
(Line 4 less Line 5 Total) application,the Architect certifies to the Owner that to the best of the Architect's knowledge,information
7.LESS PREVIOUS CERTIFICATES FOR PAYMENT and belief the Work has progressed as indicated,the quality of the Work is in accordance with the
Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED.
(Line 6 from prior Certificate)------------------- $
8.CURRENT PAYMENT DUE------------------------- $
9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED----------------------------------$
(Line 3 less Line 6) $ 1,510,087.50 (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this
application and on the Continuation Sheet that are changed to conform to the amount certified.)
CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT:
Total changes approved in previous
months by Owner By: Date:
Total approved this Month This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor named
TOTALS herein. Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner
NET CHANGES by Change Order of Contractor under this Contract.
CONTINUATION SHEET
ATTACHMENT TO PAY APPLICATION APPLICATION NUMBER: 1
PROJECT: APPLICATION DATE:
Homewood Suites Floodproofing Bid PERIOD TO:
402 Lomax St ARCHITECT'S PROJECT NO: 1
Corpus Christi,Tx 78401
A B C D E F G H I
Item Description of Work Scheduled Work Completed Materials Total % Balance Retainage
No. Value From Previous This Period Presently Completed (G/C) To Finish
Application Stored And Stored (C-G)
(D+E) (Not In To Date
DorE) (D+E+F)
1 Building Perimeter Knee Wall 275,000.00 275,000.00
2 Poured Concrete walls 185,000.00 185,000.00
3 Mechanical Mezzanine levels 123,000.00 123,000.00
4 Dry Floodproofing components 190,000.00 190,000.00
5 Flood proofing paint for Knee Wall 85,000.00 85,000.00
6 AEP vault 175,000.00 175,000.00
7 Entry Stoops 75,000.00 75,000.00
8 Added cost for roof mounted Condensor 82,000.00 82,000.00
9 Fire Riser Mezzanine 85,000.00 85,000.00
10 General Floodproofing 120,000.00 120,000.00
11 Taxes 115,087.50 115,087.50
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SUBTOTALS PAGE 2 1,510,087.50 1,510,087.50
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AGENDA MEMORANDUM
NowPoaa,o First Reading Ordinance for the City Council Meeting February 20, 2024
zss2 Second Reading Ordinance for the City Council Meeting February 27, 2024
DATE: January 23, 2024
TO: Peter Zanoni, City Manager
FROM: Miles Risley, City Attorney
MilesR@cctexas.com
826-3360
Ordinance amending the Code of Ethics as requested by the Ethics Commission
CAPTION:
Ordinance amending Sections 2-312, 2-326, 2-340, 2-342, and 2-349 of the Code of Ordinances of the
City of Corpus Christi, Texas to update definitions and language for clarity, duties of the Ethics
Commission, disclosure of interests for contractors, and eliminate the use of short form annual reports.
SUMMARY: The Ethics Commission is requesting amendments to the Code of Ethics.
BACKGROUND AND FINDINGS:
The Ethics Commission is requesting amendments to the following Sections and Subsections of
the City's Code of Ethics:
• Amend § 2-312 to insert the definition of"City Official" into the definitions section to clarify
the ordinance and make it more intuitive.
• Amend § 2-326 to change "publish pamphlets" to "public electronic information online" to
update the code to a modern process.
• Amend § 2-326(a)(3) of Section 2-326 to add a definitive deadline for officials to file
responses when requested for additional information.
• Amend § 2-326(a)(6) to repeal the section due to redundancy.
• Amend § 2-340 to remove the option for reporting officials who have no changes to report
since their most recent complete report to file a short form annual report to increase the
effectiveness and accuracy of the Financial Disclosure Reports by ensuring annual
analysis is performed by the reporting parties.
• Amend § 2-342(k) to change the wording in the first sentence to read "The names and
addresses of any persons from whom the reporting official received gifts or favors,
https://coipuschristi-my.sharepoint.com/personaVdiamondg cctexas com/Documents/Agenda Memo-- Ethics Code Amendments.docx
including but not limited to trips, excursions, food, lodging, money, commodities or
services, cumulatively exceeding $200 in value" to increase perceived accuracy in
reporting.
• Amend § 2-349(b) to change the wording in the first sentence that refers to any business
desiring to sell goods or services to the city that reads that business shall file with the city's
purchasing agent a statement specifically naming any city employee, official and board
member having "any ownership into best..." to "any ownership interest..." to correct a
clerical error in the original drafting.
• Amend §2-349(d)to delete the sentence"unless the interest of the city official or employee
in the matter is apparent" when disclosing requested action that will confer an economic
benefit on any city official or employee to broaden the obligation to disclose to increase
transparency.
The City Ethics Commission approved the proposed changes during its meeting on December
21, 2023.
ALTERNATIVES: Maintain existing language.
FISCAL IMPACT: None.
Funding Detail: Not applicable
RECOMMENDATION: Approval of the Ordinance to amend City Code of Ethics with the
administrative and substantive changes regarding Financial Disclosure Reports.
LIST OF SUPPORTING DOCUMENTS: Ordinance
https:Hcorpuschristi-my.sharepoint.com/personaVdiamondg_cctexas_com/Documents/Agenda Memo-- Ethics Code Amendments.docx
Ordinance amending Sections 2-312, 2-326, 2-340, 2-342, and 2-349 of the
Code of Ordinances of the City of Corpus Christi, Texas to update
definitions and language for clarity, duties of the Ethics Commission,
disclosure of interests for contractors, and eliminate the use of short
form annual reports.
WHEREAS, the City's Code of Ethics requires the Ethics Commission to review the
City's Code of Ethics annually and make recommendations to City Council for any
necessary changes, and the Ethics Commission reviewed has recommended changes to
the City's Code of Ethics;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Section 2-312 of the City Code is amended to add the following
definition for "City Official":
"City Official: The mayor; members of the city council; municipal court fudges and
magistrates; city manager; deputy city manager; assistant city managers;
assistants to the city manager; city secretary; deputy city secretary; assistant to the
city secretary; municipal court clerk, deputy court clerks; all department heads and
assistant department heads; internal auditor and all assistant internal auditors;
assistant to mayor; executive secretaries; and members of all boards, commissions
(except the youth commission whose members are minors), committees, and other
bodies created by the city council pursuant to federal or state law or city ordinance,
including entities that may be advisory only in nature, who are appointed by the
mayor, the city council, or who are designated in the by-laws or organization papers
of the entity to serve on behalf of the city; and board members of any entity who
are appointed by the mayor city council to such board membership. This list is
updated and posted to the City's website annually by the city manager."
SECTION 2. Subsection 2-326(a)(2) of Section 2-326 of the City Code is amended
to read as follows:
"Subsection. 2-326(a)(2): Prepare and publish paw electronic information
online and other materials explaining the duties of individuals subject to the Code
of Ethics. Such materials shall include instructions to the public about how to obtain
information such as financial disclosures, campaign reports, and the like from the
city."
SECTION 3. Subsection 2-326(a)(3)of Section 2-326 of the City Code is amended
to read as follows:
"Subsection 2-326(a)(3): Review all financial disclosure reports which are filed with
the city pursuant to this article. If the commission identifies a possible conflict of
interest or needs further disclosure from its review of the financial disclosure report,
the commission shall notify the filing official to request additional information
regarding the possible conflict of interest. The Ethics Commission will provide a
definitive deadline, not to exceed 60 days from the date of request, for the filing
official to respond."
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SECTION 4. Subsection 2-326(a)(6) of Section 2-326 of the City Code is repealed
as follows:
fey
P61FPGGGG nvT � Tainrnr—_gcRre-Falr entier A-Rd P-Hp nf �ctMArn �ohAll hco
rA_.Ps; bred as a ciRgI8 Gity nni innil olonfinn "
SECTION 5. Section 2-340 of Section 2-340 of the City Code is hereby amended
to read as follows:
"Section 2-340: On or before the last Friday of March of each year, reporting
officials shall file with the City Secretary an annual report of financial information
covering January 1 through December 31 st of the previous year. Council members
and Planning Commission members shall also file with the city secretary a
supplemental report of financial information by the last Friday of each year covering
the most recent January 1 through June 30. These ror.r,r+iRg Air.ialo ,Aghn hAViQl nn
GhaRg86 fn ronnrf cinno ti fair mncf F8G8Rt GGFqPI8t8 repert maw of fid
mr�l or�n�le a shnrf form .tenni4 ror�nrf g nn aRgG r�rn�iid y
C-A���h' et 2-F —cr array ,,I�, cpvrrS�&}t�+,Ncf�T� urrgc$�ravrcr
hA� 89 fiIod a nmmP18t8 firiRnOnini-aiSttG� thiTrthe previe6isT\/mac-(5) years..
Each reporting official shall utilize a form provided by the city secretary, which shall
be signed and submitted in hard copy, or submitted electronically, as may be
provided for by the city."
SECTION 6. Subsection 2-342(k) of Section 2-342 of the City Code is amended
to read as follows:
"Section 2-342(k): The names and addresses of a4 any persons from whom the
reporting official received gifts or favors, including but not limited to trips,
excursions, food, lodging, money, commodities or services, cumulatively exceeding
$200.00 in value. The nature and date of each gift received shall be specified.
Provided, however, campaign contributions reported as required by state law and
gifts or favors from relatives need not be reported hereunder."
SECTION 7. Subsection 2-349(b) of Section 2-349 of the City Code is amended
to read as follows:
"Subsection 2-349(b): In the case of any business desiring to sell goods or services
to the city (except when the value of the goods or services is not reasonably
anticipated to exceed $100.00 per calendar year) but which does not require city
council, board, commission or committee consideration or action, the business shall
file with the city's purchasing agent a statement specifically naming any city
employee, official and board member having any ownership ir,+� interest in the
business constituting 3% or more of the ownership, or having any pecuniary interest
in the transaction. This provision does not apply to or include the purchase of
magazine subscriptions and memberships in professional or trade organizations
related to municipal operations."
SECTION 8. Subsection 2-349(d) of Section 2-349 of the City Code is amended
to read as follows:
"Subsection 2-349(d): If a person who requests official action on a matter knows
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that the requested action will confer an economic benefit on any city official or
employee that is distinguishable from the effect that the action will have on
members of the public in general or a substantial segment thereof, he or she shall
disclose that fact in a signed writing to the city official, employee or body that has
been requested to act in the matter.„ess thia i.^teFUQSt Gf t#e—city
omr,In„oo in tho ma++or is apparor,+ The disclosure shall also be made in a signed
writing filed with the city secretary."
SECTION 9. All provisions of the ordinances of the City of Corpus Christi in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions
of this Ordinance shall remain in full force and effect.
SECTION 10. Should any sentence, paragraph, subdivision, clause, phrase or
section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any part or provision
thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall
not affect the validity of the Code of Ordinances as a whole.
SECTION 11. This ordinance shall become effective upon final approval by the
City Council, signature by the Mayor and publication of the caption of the ordinance in
accordance with the law.
Introduced and voted on the day of , 2023.
PASSED and APPROVED on the day of , 2023.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
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SC
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OIk
F
AGENDA MEMORANDUM
NoAPoapYEPublic Hearing and First Reading for the City Council Meeting of Feb. 20, 2024
1852 Second Reading for the City Council Meeting of Feb. 27, 2024
DATE: February 20, 2024
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Development Services Department
Alraymond@cctexas.com
(361) 826-3275
Rezoning for a property at or near
1563 South Nineteenth Street
CAPTION:
Zoning Case No. 0124-01 , Jonathan Verduzco (District 2). Ordinance rezoning a property
at or near 1563 South Nineteenth Street from the "RS-6" Single-Family 6 District to the
"RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication.
(Planning Commission and Staff recommend approval).
SUMMARY:
This item is to rezone the property to allow for a two-family residential subdivision.
BACKGROUND AND FINDINGS:
The subject, vacant and undeveloped, property is a parcel at the block face of South
Nineteenth Street, between Cloyde Street and Lynch Street. The property is located in a
"RS-6" Single-Family 6 zoned residential subdivision established in 1909.
To the north and west of the subject parcel is the established Tracy Subdivision, zoned
"RS-6" Single-Family 6, with low-density residential uses. To the east and south is also
an established, low-density, residential subdivision named Bay Terrace No.2, along the
east side of South Nineteenth Street.
A residential infill development is being proposed at the subject property, and the
applicant is requesting to amend the current zoning district to permit the construction of
two-family dwellings.
The Two-Family District is designed to maintain a generally spacious residential
environment for single-family residential purposes as well as larger parcels of land
appropriate for two-family houses. Per the UDC (Unified Development Code), population
density and height of buildings are low enough to be compatible with neighboring single-
family developments.
The proposed rezoning is consistent with many elements and goals of Plan CC (City of
Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation
of medium-density residential use.
Public Input Process
Number of Notices Mailed: 49 notices were mailed within the 200-foot notification area,
and 7 outside the notification area.
As of February 16, 2024:
In Favor: In Opposition:
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
A total of 0.00% 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 "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District on January 10,
2024.
Vote Results
For: 6
Against: 0
Absent: 2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0124-01, Jonathan Verduzco (District 2). Ordinance rezoning a
property at or near 1563 South Nineteenth Street from the "RS-6" Single-Family 6 District
to the "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and
publication. (Planning Commission and Staff recommended 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 Lots 6-9, Block 1702, Bay Terrace No. 2, and portion of South Nineteenth Street, as shown
in Exhibit A, from:
the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District.
The subject property is located at or near 1563 South Nineteenth Street. 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
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Page 3 of 3
ZONING REPORT
Case 0124-01
Applicant & Subject Property
District: 2
Owner: Jonathan Verduzco
Applicant: Jonathan Verduzco
Address: 1563 South Nineteenth Street, located along the west side of South Nineteenth
Street, south of Cloyde Street, and north of Lynch Street.
Legal Description: Lots 6-9, Block 1702, Bay Terrace No. 2, and portion of South Nineteenth
Street (Between Cloyde Street and Lynch Street).
Acreage of Subject Property: 0.4 (17,924.94 square feet). Refer to attachment A Existing
Zoning and Notice Area Map.
Pre-Submission Meeting: October 25, 2023
Zoning Request
From: "RS-6" Single-Family 6 District
To: "RS-TF" Two-Family District
Purpose of Request: To allow for a two-family residential subdivision.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site "RS-6" Single-Family 6 Vacant Medium-Density
Residential, Transportation
Right-of-Way Medium-Density
North "RS-6" Single-Family 6 (South Nineteenth Street), Residential, Transportation
Low-Density Residential
Low-Density Residential,
South "RS-6" Single-Family 6 Vacant, Medium-Density
Right-of-Way (Lynch Residential, Transportation
Street)
Right-of-Way Transportation,
East "RS-6" Single-Family 6 (South Nineteenth Street), Medium-Density Residential
Low-Density Residential
West "RS-6" Single-Family 6 Low-Density Residential, Medium-Density Residential
Vacant
Plat Status: The subject property consists of 4 lots per MRNCT (Map Records of Nueces
County, Texas) Volume A, Page 26, and portion of South Nineteenth Street. A rezoning must
precede the land subdivision application submitted to Development Services on October 11 ,
2023 to allow two-family structures to be constructed; approved on November 29, 2023 by
Planning Commission, not yet recorded.
Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None.
Code Violations: None.
Transportation and Circulation
South Designation Section Proposed Section Existing
Nineteenth "Local" One Lane & Parking, One Lane & Parking,
Street LocalResidential 50 Feet 70 Feet
-11
Transit: The Corpus Christi RTA provides service to the subject property via Routes 12
Hillcrest/Baldwin, 17 Carroll/Southside, 19 Ayers, and 23 Molina, at least one-quarter to one-
third of a mile, along Baldwin Boulevard, South Brownlee Boulevard, Ayers Street, and
Morgan avenue respectively.
Bicycle Mobility Plan: The subject property is approximately 30 feet away from a proposed
buffered bike lane on South Nineteenth Street, connecting to bike boulevards along Elizabeth
Street and McKenzie Street.
Utilities
Gas: A 2-inch WS line exists along the east side of South Nineteenth Street.
Stormwater: A 30-inch RCP line exists along South Nineteenth Street.
Wastewater: An 8-inch VCP line exists along the west side of South Nineteenth Street.
Water: An 8-inch ACP line along the west side of South Nineteenth Street.
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 Southeast ADP (Adopted on July 11 , 1995). The Bayside ADP, being drafted, will soon
repeal the Southeast ADP.
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 49 within a 200-foot notification area
7 outside 200-foot notification area
In Opposition 1 inside the notification area
0 outside the notification area
1.2% in opposition within the 200-foot
notification area (0 individual property owner)
Public Hearing Schedule
Planning Commission Hearing Date: January 10, 2024
City Council 1St Reading/Public Hearing Date: February 20, 2024
City Council 2nd Reading Date: February 27, 2024
Background:
The subject, vacant and undeveloped, property is a parcel at the block face of South
Nineteenth Street, between Cloyde Street and Lynch Street. The property is located in a "RS-
6" Single-Family 6 zoned residential subdivision established in 1909.
To the north and west of the subject parcel is the established Tracy Subdivision, zoned "RS-6"
Single-Family 6, with low-density residential uses. To the east and south is also an
established, low-density, residential subdivision named Bay Terrace No.2, along the east side
of South Nineteenth Street.
A residential infill development is being proposed at the subject property; and the applicant is
requesting to amend the current zoning district to permit the construction of two-family
dwellings.
The Two-Family District is designed to maintain a generally spacious residential environment
for single-family residential purposes as well as larger parcels of land appropriate for two-
family houses. Per the UDC (Unified Development Code), population density and height
of buildings are low enough to be compatible with neighboring single-family development.
Plan CC ( 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 Quality housing meets the diverse needs of households at all income levels and
all stages of the life cycle.
■ Support the planning, regulatory, funding initiatives needed to provide a
diversity of housing types —rentals and ownership, market-rate, and
assisted- to meet community needs.
o Corpus Christi sustains and maintain established neighborhoods.
■ Support programs to encourage infill development and rehabilitate
housing stock in 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 new 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.
Southeast ADP (Area Development Plan) and FLUM (Future Land Use Map)
Consistency:
The proposed rezoning is consistent with policy statements of the Southeast ADP and the
FLUM's designation of Medium-Density Residential. While staff noted that the Southeast ADP
was adopted nearly 29 years ago, traces of its specific goal remains in the soon-to-be adopted
Bayside ADP, with policies that encourage the following:
• The protection of the predominantly stable residential neighborhoods, and the
promotion of efficient development of under-utilized and remaining vacant land in the
area with the principal objectives of:
o Stabilizing and conserving residential neighborhoods.
o Revitalizing deteriorated housing and promoting new residential development in
areas best suited for such development.
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 (City of
Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map)
designation of medium-density residential use.
• Infill development, as is the case for the proposed development, on vacant or
underutilized lots within or adjacent to existing neighborhoods, is encouraged by Plan
CC. The subject property, vacant and undeveloped, is surrounded by residential
subdivisions established in the early 1900s; and the Southeast of the City, a mostly
built-out area, with a predominant single-family residential land use, hosts old structures
mostly a survey revealed. The current and soon-to-be adopted ADPs (Bayside ADP-
with the same boundaries) further advise that developments of this kind be achieved in
a manner that protects the residential character of these neighborhoods while inducing
revitalization. Public input for the ADP to-be-adopted also revealed a need for housing
variety that particularly hosts single-family uses, and that "green" developments were
well-sought after by buyers interested in living in the area.
o Staff find the subject request fitting to address housing related items such as
affordable housing, housing options, and new housing.
• The subject parcel is within a neighborhood of the Southeast area that is characterized
by one of the lowest brackets of median household income (2019), a moderate
concentration of renters, older homes, and homes with the lowest value; an opportunity
to address affordable housing.
• The "RS-6" Single-Family 6 District falls within the medium-density range (4-13 units per
acre); as does the Two-Family District. The abutting Tracy and Bay Terrace No.2
subdivisions are zoned "RS-6" Single-Family 6, and the site is on a "Local" Residential
road (South Nineteenth Street) with the infrastructure to support the proposed
development.
o The applicant has proposed to subdivide the subject property into three 76-foot
wide lots with a minimum area of 6,460 square feet; meeting the minimum UDC
(Unified Development Code) requirements of a 50-foot wide parcel with 6,000
square feet in area for one two-family structure.
• The development promotes the policy of orderly growth; and also regards the
surrounding arrangement pattern.
Planning Commission and Staff Recommendation (January 10, 2024):
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 from the "RS-6" Single-Family 6 District to
the "RS-TF" Two-Family District.
• The amendment is compatible with the present zoning and conforming uses of nearby
properties and to the character of the surrounding area; and will not have a negative
impact upon the surrounding neighborhood. Staff finds that the proposed development
may benefit the community.
o The Two-Family District and the Single-Family District are compatible, per the
UDC (Unified Development Code) on the basis of building height and population
density. While a recommendation of approval is being issued for a Two-Family
District mid South Nineteenth Street, staff believes the location of the proposed
development to be acceptable. The Building Code restricts the development of
duplexes with vertical circulation due to accessibility issues.
■ The proposed development will be in keeping with the surrounding
character. Historically, Two-family structures were designed to address
affordable housing; they appeared as a single-family structure (with the
provision of a single driveway as well), that actually accommodated two
families; and such will be the subject development.
o The proposed development will help catalyze re-investment in the area and
induce revitalization. Duplex developments and districts are mostly found in the
subject parcel's neighborhood of the Southeast area; however, dominated by the
typical single-family structure.
o Approval of the amendment request to allow for a duplex infill development is
appropriate. It addresses several housing related items.
Attachment:
(A)Existing Zoning and Notice Area map.
(B)Returned Notice
(A)Existing Zoning and Notice Area Map
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40 3
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37 33 23
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38 SUBJECT t
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PROPY
39 31
30 Z-
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29 28 26
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CASE: 0124-07 "" N
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Zoning and notice Area Iwl.h
S
RM-1 Mul ifanaiy 1 IL Ligtd Industrial
RM-2 Multifamily2 IH Heavy Industrial
Ri," Multifamily PUDPlanned Unit Dev Overlay
ON Professional Office RS-10 Single-Family 10
RM-AT Multifamily AT R" Single-Familp6
CNT Nelgnborhoad Commerclal RS-0.5 Single-Famili
CN-2 Ne ighbarhuod Commercial RS-TF T—Falnlly
CR-1 Resort Commercial RS-15 Single-Family 15
CR-2 Res art Commercial RE Residential Estate _
CG-1 Gereral Commerclal RS-TH Townhouse
CG-2 General Commercial SP Special Permit
CI Intensive Commercial RV Recreational Vehicle Park
CBD DowrRovm Commercial RMH Manufactured Home
CR-3 Resort Commercial
FR Farm Rural
H Historic Overlay SUBJECT
BP Business Park _
■ ,1 PROPERTY
, OCoTrNp�oufs ri III :14 L-OCATO.N
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Christi
(B)Returned Notice
PUBLIC NEARING NOTICE
City Council
Rezoning Case No. 0124-01
Jonathan Verduzco has petitioned the City of Corpus Christi to consider a change of zoning from the
"RS-6° Single-Family 6'District to the"RS-TF" Two-Family District, not resultingin a change to
the Future Land Use Map.The property to be rezoned is described as:
A property located at or near 1563 South 19th Street and described as a 0.447-acre tract being all of
a 4.262-acre tract described as a closed portion of 1911 Street in Ordinance No. 002389, Nueces
County,Texas,and being a portion of Lots 6-19, Block 1702, Bay Terrace No. 2, and located along
the west side of South 1911 Street,south of Cloyde Street,and north of Lynch Street. Please see the
map on the reverse side.
The City Council will conduct a public hearing and first reading to discuss
t and act on this rezoning request on Tuesday. February 20 2024 during
L�{t one of its regular meetings, which begins at 91:30 a.m. The hearing will be
held in Corpus Christi Transportation Authority CCRTA Staples
Street Center Board Room 2nd Floor 602 N. St a les Street. You are
invited to attend this public hearing to express your views on this rezoning.
For more information, call(361)826-3105.
• The City Council may recommend other intermediate zoning classifications
and/or Special Permits. Approval of a change of zoning, if inconsistent with
the City's Comprehensive Plan, wifl also have the effect of amending the
Comprehensive Plan to reflect the approved zoning.
Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact
the City Secretary's Office at least 48 hours in advance at 361-826-3105.
Si Listed attender esta junta y dirigrse a la commission y su ingles es limitado,alguien estara presente para ayudarle
a interpreter.Para mas informacion,por favor liamar a la oficina del secretario de la cuidad al number
361-826-3105.
7 Tex.Admin.Code§211 A1`0! 1 Corpus Christi Unified Dev.Code§3.3.4
To be on the record, this form must be filled out, signed by the current property owner(s), and returned in
its entirety via mail to the return address on this notice or via email to zonin cetexas.com.
Property Owner(s)Name:
Address: 1 CG ��, ) -
—r-- Phone No.:
( ) In Favor (( In Opposition
REASONS:
f
Ignatu e
Planner Assigned:saradja Registre
Email:SaradiaR@cctexas.corn
Phone:361-826-3574
INFOR case No.ZN8108
Property owner ID;13
Zoning Case 0124-01
a Jonathan Verduzco
District 2
Rezoning for a property at or near
1563 South Nineteenth Street
From the "RS-6" Single-Family District
,.m To the "RS-TF" Two-Family District
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SUBJECT t a
PROPERTY
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City Council
February 20, 2024
Zoning and Land Use
Proposed Use:
To allow for a two-family residential subdivision.
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Area Development Plan (ADP):
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SoutheastADP (Adopted on July 11, 1995)
,ra
RS-TF
Future Land Use Map:
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Medium-Density Residential and Transportation
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Existing Zoning:
R3.-s ` "RS-6" Single-Family 6 District
SUBJECT Adjacent Land Uses:
PROPERTY
• North: ROW(South Nineteenth Street), Low-Density
Residential (Zoned "RS-6")
N • South: Low-Density Residential, Vacant (Zoned "RS-6"),
ROW(Lynch Street)
S' • East: ROW (South Nineteenth Street), Low-Density
Residential (Zoned "RS-6")
• West: Low-Density Residential, Vacant (Zoned "RS-6")
Public Notification
49 Notices mailed inside the 200-foot buffer
0 3
7 Notices mailed outside the 200-foot buffer 4
15 11
45 16 �Z
S
17
Notification Area 9 44 R -TF
� \ s
43 S
r 19
Opposed: 1 (1.2%) 42 34 9 20
Separate Opposed Owners (1) 41
1 35 21
R�S-6 36 22.
37 33 23
�O
In Favor: 0 (0.00%) CY 38 32
SUBJECT ti "
ss 31 PROPERTY
25
N 3o s
29 28 26
*Notified property owner's land in SQF/Total square t '?4C 27
footage 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 (City of Corpus Christi
Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential use.
• Staff finds the subject request for an infill development to be fitting to address housing related items such as
affordable housing, housing options, and new housing.
o The subject parcel is within a neighborhood of the Southeast area that is characterized by one of the
lowest brackets of median household income (2019), a moderate concentration of renters, older homes,
and homes with the lowest value; an opportunity to address affordable housing.
o Constituents of the area expressed a need for housing options that house single-family use, and buyers
interested in living in the area sought new construction developments.
• The amendment is compatible with the present zoning and conforming uses of nearby properties and to the
character of the surrounding area; and will not have a negative impact upon the surrounding neighborhood. Staff
finds that the proposed development may benefit the community.
o The Two-Family District and the Single-Family District are compatible, per the UDC (Unified Development
Code) on the basis of building height and population density.
o The proposed development will help catalyze re-investment in the area and induce revitalization. Duplex
developments and districts are mostly found the subject parcel's neighborhood amongst single-family
districts.
PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL
TO THE "RS-TF" TWO-FAMILY DISTRICT
SC
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AGENDA MEMORANDUM
NoAPoapYEPublic Hearing and First Reading for the City Council Meeting of Feb. 20, 2024
1852 Second Reading for the City Council Meeting of Feb. 27, 2024
DATE: February 20, 2024
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Development Services Department
Alraymond@cctexas.com
(361) 826-3275
Rezoning for a property at or near
14762 Running Light Drive
CAPTION:
Zoning Case No. 0124-02, John Tompkins (District 4). Ordinance rezoning a property at
or near 14762 Running Light Drive from the "RS-6/10" Single-Family 6 District with the
Island Overlay to the "RM-AT/10" Multifamily Apartment Tourist District with the Island
Overlay; 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 compatibility with surrounding land uses
with increased development options.
BACKGROUND AND FINDINGS:
The subject property is a 0.28-acre, vacant and undeveloped, parcel zoned "RS-6/10"
Single-Family 6 with the Island Overlay in the Padre-Mustang Island area, generally
east of South Padre Island Drive (SH-358) and north of Whitecap Boulevard, along the
north side of Running Light Drive, and west of Leeward Drive.
The surrounding properties are all vacant, with "RM-AT/10" Multi-Family Apartment
Tourist districts with the Island Overlay to the south and west, and "RS-6/10" Single-
Family 6 districts with the Island Overlay to the north and east.
The "RM-AT" Multi-Family Apartment Tourist District permits single-family and two-
family houses, apartments, townhouses, cottage housing developments, group homes,
educational facilities, parks and open areas, places of worship, bed and breakfast inns,
hotels, and motels.
The proposed rezoning is consistent with the FLUM (Future Land Use Map) and is
consistent with many broader elements of Plan CC (The City of Corpus Christi
Comprehensive Plan).
Public Input Process
Number of Notices Mailed: 39 notices were mailed within the 200-foot notification area,
and 2 outside the notification area.
As of February 16, 2024:
In Favor. In Opposition:
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
A total of 0.00% 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 recommend approval of the change of zoning from the
"RS-6/10" Single-Family 6 District to the "RM-AT/10" Multi-Family Apartment Tourist
District on January 10, 2024.
Vote Results
For: 6
Against: 0
Absent: 2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0124-02 John Tompkins (District 4). Ordinance rezoning a
property at or near 14762 Running Light Drive from the "RS-6/10" Single-Family 6
District with the Island Overlay to the "RM-AT/10" Multifamily Apartment Tourist
District with the Island Overlay; Providing for a penalty not to exceed $2,000 and
publication. (Planning Commission and Staff recommended 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 27, Block 3, Padre Island Section E, as shown in Exhibit A, from:
the "RS-6" Single-Family 6 with an Island Overlay to the "RM-AT/10" Multi-Family
Apartment Tourist with an Island Overlay.
The subject property is located at or near 14762 Running Light Drive. Exhibit 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
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CASE: 0924-02
SUBJECT PROPERTY WITH ZONING
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Page 3 of 3
ZONING REPORT
Case # 0124-02
Applicant & Subject Property
City Council District: 4
Owner/Applicant: John Tompkins
Address: 14762 Running Light Drive, located along the north side of Running Light Drive,
west of Leeward Drive.
Legal Description: Lot 27, Block 3, Padre Island Section E
Acreage of Subject Property: 0.28 acres
Pre-Submission Meeting: October 25, 2023
Zoning Request
From: "RS-6/10" Single-Family 6 District with the Island Overlay
To: "RM-AT/10" Multifamily Apartment District with the Island Overlay
Purpose of Request: To allow for compatibility with surrounding land uses with increased
development options.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site "RS-6/10" Single-Family 6 Vacant Mixed Use
North with the Island Overlay Water Water
"RM-AT/10" Multifamily
South Apartment Tourist with the
Island Overlay
East "RS-6/10" Single-Family 6 Vacant Mixed Use
with the Island Overlay
"RM-AT/10" Multifamily
West Apartment Tourist with the
Island Overlay
Plat Status: The property is platted per MRNCT (Map Records of Nueces County, Texas)
Volume 38, Page 25-26, Padre Island Section E (Dated: March 3rd, 1972).
Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The
property is not located within a MCAOD.
Code Violations: None.
Transportation and Circulation
Designation-Urban Section Proposed Section Existing
Running Light Street
Drive Local Residential 1 Lane, 1 Lane,
Street 50 feet 60 feet
Transit: The Corpus Christi RTA provides service less than '/4 mile from the subject property
via Route 65 Padre Island Connection.
Bicycle Mobility Plan: A 1-way Cycle Track (both sides) is planned for Leeward Drive from
Windward Drive to St. Bartholomew Avenue.
Utilities
Gas: 2" PE line along the east side of Leeward Drive ( approximately 200 feet from the subject
property)
Stormwater: 18" RCP line on Aruba Drive (approximately 150 feet from the subject property)
Wastewater: 8" VCP line along the north side of Running Light Drive.
Water: 8" ACP line along the south side of Running Light Drive.
Corpus Christi Comprehensive Plan
Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future
development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ)
was adopted in 2016.
Area Development Plan (ADP): According to Plan CC the subject property is located within
the Padre-Mustang Island Area Development Plan (Adopted on June 29, 2021 ).
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 • 39 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
owners)
Public Hearing Schedule
Planning Commission Hearing Date: January 10, 2023
City Council 1St Reading/Public Hearing Date: February 20, 2023
City Council 2nd Reading Date: February 27, 2023
Comprehensive Plan Consistency:
• Plan CC: The proposed rezoning is consistent with the following Goals and Strategies
for Decision Makers:
o Future Land Use, Zoning, and Urban Design:
■ Corpus Christi development patterns support efficient and cost-effective
use of resources and high quality of life.
■ Promote the stabilization, revitalization, and redevelopment of older
neighborhoods.
■ Encourage orderly growth of new residential, commercial, and industrial
areas.
Zoning Report
Page 3
■ 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.
• Area Development Plan (Mustang/Padre Island) and FLUM (Future Land Use Map)
Consistency: The proposed rezoning is consistent with policy initiatives in the ADP
and the FLUM's designation of Mixed-Use. :
o Mixed Use Areas: Include residential retail, hotel and office uses.
o Vision Themes:
■ Blended Residential Community and Destination Location. Encourage
tourism and the development of local commercial businesses to build a
strong economic environment and sufficiently support the year-round
residential community.
o Policy Initiatives: Support and encourage compatible and context-sensitive
development that provides a mix of land uses.
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 elements of the Comprehensive Plan and
Future Land Use Map.
• Rezoning the subject property allows for greater computability with adjacent,
neighborhood properties.
• The "RM-AT" District will allow for commercial uses such as extended stay facilities,
hotels, and motels not allowed in the single-family or multifamily zoning districts.
• The rezoning supports compatible and context-sensitive development with a mix of land
uses.
• Will remain in the (10) Island Overlay, which has architectural standards to maintain
neighborhood character.
Planning Commission and Staff Recommendation (January 10, 2024):
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 from the "RS-6/10" Single-Family 6 District
with the Island Overlay to the "RM-AT/10" Multifamily Apartment Tourist District with the Island
Overlay.
Attachment (s):
(A)Existing Zoning and Notice Area Map
Attachment (A) Existing Zoning and Notice Area Map
RM-AST
7 R M•-.A T
19
RM-AT
20
21
SUBJECT 22
PROPERTY
RS- 6
13 8
RM-AT 14 38 39
15
16 36 24
35 25
17
18 34 26RM-AT
33 27
M-AT
32 28 �
R 31 29
12
U1NINGCI�hTO 37 30 u�
R
RS - 6 RM-AT RM AT
Q 9
STgUG
USTI
3 2 RM-AT10 N�q�F
4
RSM-A-T 5
6 11
CR- 1 RS- 6
CASE: 4124-42 �;
Zoning and notice Area ' 1
Ril Multifamily 1 IL Light Industrial
RM-2 Multifamily 2 IHHeavy Intlustnal
RM-3 Multifamily, Pl1D Planned Unit DEV.Overlay
ON Professional Office RS-10 Single-Family 10
RM-AT Multifamily AT RS-6 Single-Family 6
CN-1 Neighborhood Commercial RS4.5 Single-Family 4.5
CN.2 Neighborhood Commercial RS-TF TWc-Family
CR-1 Resort Commercial RS-15 Single-Famlly 15
CR-2 Resort Commercial RE Residential Estate
CG-1 General Commercial RS-TH Tovmhouse
CG-2 General Commercial SP Special Permit
CICBD Intensive Commercial RV Recreational Vehicle Park
Downtown Commercial RMH Manufactured Home
CR 3 Resort Commercial
FR Farm Rural
HHistoric Overlay SUBJECT
BP Business Park PROPERTY
Su51ec[P—Y 0——
,41,200'buffer O in favor
4"racers.'I"zoo rsretl an owners C.il�'UI ESIi,HERE
Pfteened awne�shrp reale Xfn uPPPsilion C:cuTtu ti _ LOCATION MAP
11-Lirill
Zoning Case 0124-02
N JOHN TOMPKINS
DISTRICT 4
SUBJECT Rezoning for a property at
PROPERTY 14762 Running Light Drive
From "RS-6/10" to "RM-AT/10"
i�.NY191
AR- �a°4` Pnr[Nand
��„ {p1 F7t15
PROPERTY
r --- ----
"u!�✓f [hre.ii LpCATf07+� MAP•
City Council
February 20, 2024 1
Zoning and Land Use
N � RM-AT/10
RM-AT/10 Proposed Use:
RM-AT/10 To allow for compatibility with surrounding land
uses with increased development options.
SUBJECT
PROPERTY Area Development Plan:
RS-6/10 Padre/Mustang Island (June 29, 2021)
RM-AT/10 Future Land Use Map:
Mixed Use
0
e Existing Zoning:
RM-AT/10 RM-AT/10 "RS-6" Single-Family 6 with the Island Overlay
o
RS-6/10 RM-AT/10Adjacent Land Uses:
0 0 ( RM-AT/10 • North: Water, Zoned "RS-6/10"
• South: Vacant, Zoned "RM-AT/10"
RM-AT/10 �� • East: Vacant, Zoned "RM-AT/10"
R M, -T • West: Vacant, Zoned "RM-AT/10"
�/ RS-6/10 \ /
02/20/2024 2
Public Notification
RM.
39 Notices mailed inside the 200' buffer N
RM-AT
2 Notices mailed outside the 200' buffer
21
SUBJECT
Notification Area PROPERTY
RS-6
Opposed: 0 (0.00%)
RM- T 1` , 38
Separate Opposed Owners: 0 36 24
35 25
17 34 26
18 -AT
33 27 Q¢
M•AT 32 28 QO
In Favor: 0 (0.00%) pUiN23G 7GH 1 37 309 �WQ
0
RS-6 RM-AT R,M-AT
q� 9
Note: Notified property owner's land in square feet 3 RM-AT10 �4 4�e
divided by the footage of all property in the notification n_ 2
area equals the percentage of public opposition. , ��> k1
CR-1 RS-6
02/20/2024 3
Staff Analysis And Recommendation
• The proposed rezoning is consistent with elements of the Comprehensive Plan and Future
Land Use Map.
• Rezoning the subject property allows for greater computability with adjacent, neighborhood
properties.
• The "RM-AT" District will allow for commercial uses such as extended stay facilities, hotels,
and motels not allowed in the single-family or multifamily zoning districts.
• The rezoning supports compatible and context-sensitive development with a mix of land
uses.
PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning
from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10"
Multifamily Apartment Tourist District with the Island Overlay.
02/20/2024 4
SC
G�
O'k
F
AGENDA MEMORANDUM
NoAPoapYEPublic Hearing and First Reading for the City Council Meeting of Feb. 20, 2024
1852 Second Reading for the City Council Meeting of Feb. 27, 2024
DATE: February 20, 2024
TO: Peter Zanoni, City Manager
FROM: Al Raymond, Development Services Department
Alraymond@cctexas.com
(361) 826-3275
Rezoning for a property at or near
801 Cantwell Drive
CAPTION:
Zoning Case No. 0124-03, Cenikor Foundation (District 1).
Ordinance rezoning a property at or near 801 Cantwell Drive from the "CG-2" General
Commercial District to the "IL" Light Industrial 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 adaptive re-use of a former assisted
living facility into an alcohol and drug rehabilitation center.
BACKGROUND AND FINDINGS:
The subject property is a 2.03-acre parcel that formerly hosted the Trisun Care Center
assisted living facility (originally built in 1973 and added unto in 1991) in the Westside
area of the city at the intersection of Cantwell Drive and Savage Lane, generally south
of Interstate Highway 37 (IH-37), north of Leopard Street, and east of South Padre
Island Drive (SH-358). The subject parcel is located within the west-half of the Westside
area, which is particularly characterized by industrial districts (light and heavy) east of
North Padre Island Drive.
The westside ADP (Area Development Plan), adopted in 1995, designated the area
bounded by Old Brownsville Road, North Padre Island Drive, and Interstate Highway 37
(IH-37) to industrial districts. At the exception of the subject parcel, the surrounding and
abutting properties are zoned "IL" Light industrial Districts with light industrial uses. The
Unified Development Code categorizes firms engaged in the manufacturing, assembly,
repair, or servicing of industrial, business, or consumer machinery, equipment,
products, or by-products, mainly by providing centralized services for separate retail
outlets, as industrial uses. Contractors and building maintenance services and similar
uses perform services off-site. General public traffic is very limited. The aforementioned
summarize the uses at the surrounding properties.
The community is characterized by residential uses a block east of Cantwell Drive, and
a large concentrations industrial uses west of it with a small enclave of residential use
within, and scattered commercial uses along Leopard Street, Navigation Boulevard, and
Interstate Highway 37 (IH-37) access road.
The subject parcel was rezoned from the "IL" Light Industrial District in the 1980s to
"CG-2" General Commercial District to permit an assisted living facility; and the
applicant is requesting an amendment that will revert the existing zoning district of "CG-
2" General Commercial District to the original "IL" Light Industrial District to relocate the
Cenikor (formerly Charlie's Place) alcohol and drug rehabilitation center.
The Light Industrial zoning district accommodates light manufacturing, fabricating,
warehousing and wholesale distributing in buildings with access by major arterials,
freeways or railroads in either central or outlying locations, and a number other social
service uses prohibited in most zoning districts.
The proposed rezoning is consistent with many goals and elements of Plan CC (The
City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map)
designation of Light Industrial use.
Public Input Process
Number of Notices Mailed: 24 notices were mailed within the 200-foot notification area,
and 3 outside the notification area.
As of February 16, 2024:
In Favor: In Opposition:
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
A total of 0.00% 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 recommend approval of the change of zoning from the
"CG-2" General Commercial District to the "IL" Light Industrial District on January 10,
2024.
Vote Results
For: 6
Against: 0
Absent: 2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0124-03, Cenikor Foundation (District 1).
Ordinance rezoning a property at or near 801 Cantwell Drive from the "CG-2"
General Commercial District to the "IL" Light Industrial District; Providing for a
penalty not to exceed $2,000 and publication. (Planning Commission and Staff
recommended 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 South 30.59 Feet of Lot 23, Lots 24, 25, 26, 27, & 28, Block 12, Russell Industrial Area, as
described and shown in Exhibit A and Exhibit B, from:
the "CG-2" General Commercial District to the "IL" Light Industrial District.
The subject property is located at or near 801 Cantwell Drive. Exhibit A, a metes and bounds
description, and Exhibit B, a map, are attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1,
2011 and as amended from time to time, except as changed by this ordinance, both remain in full
force and effect including the penalties for violations as made and provided for in Article 10 of the
UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's
Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is
amended by this ordinance.
SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the
subject property that are in conflict with this ordinance are hereby expressly 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 5
Exhibit A
STATE OF TEXAS JOB NO.20-7253
COUNTY OF NUECES
2.026 ACRES
ALL that certain tract or parcel of land situated in Nueces County,Texas,same
lying within the Corporate City Limits of Corpus Christi,Texas, same being the
South 30.59 feet of Lot 23 and all of Lots 24,25,26,27& 28, Block 12, Russell
Industrial Area as recorded in Volume 3.5,Page 37 of the Map Records of Nueces
County, Texas, and being more particularly described by metes and bounds as
follows,to wit:
BEGINNING at a drill hale set over a reading in the concrete of a fence post found
for the West corner of this tract,same being the West corner of said Lot 28,same
lying in the Northeast right-of-way margin of Savage Lane;
THENCE,along the Northwest boundary line of said Lots 28 through 23,NORTH
18 degrees 04 minutes 12 seconds EAST 311.34 feet to a 5/8 inch iron rod found for
the North corner of this tract;
THENCE,passing through said Lot 23,SOUTH 72 degrees 16 minutes 12 seconds
EAST 288.89 feet to a%inch iron pipe found for the East corner of this tract,same
lying in the Southeast boundary line of said Lot 23,same lying in the Northwest
right-of-way margin of Cantw ell Lane;
THENCE,along the Southeast boundary line of said Lots 23 through 28 and the
Northwest right-of-way margin of Cantwell Lane,SOUTH 18 degrees 02 minutes 46
seconds WEST 279.37 feet to a 5/8 inch iron rod found for the Southeast corner of
this tract, same being the paint of curvature of a curve to the right at the
intersection of said Cantwell Lane and Savage Lane;
THENCE,,along said curve to the right with a radius of 25.00 feet,a central angle of
90 degrees 44 minutes 24 seconds,a length of arc of 39.59 feet, a tangent of 25.33
feet and chord bearing and length of SOUTH 62 degrees 01 minutes 39 seconds
WEST 35.96 feet to a 5/8 inch iron rod found for the Southwest corner of this tract,
same lying in said Northeast right-of--way margin of Savage Lane;
THENCE, along said Northeast right-of-way margin of Savage Lane,NORTH 71
degrees 33 minutes 06 seconds WEST 85.05 feet to a 5/8 inch iron red found for a
corner of this tract and of said Lot 28,same being the point of beginning of a curve
to the left;
THENCE, along said curve to the left with a radius of 2178.79 feet and the
Northeast right-of-way margin of Savage Lane, a central angle of 04 degrees 42
minutes 43 seconds,a length of arc of 179.19 feet,a tangent of 89.64 feet and a chord
bearing and length of NORTH 74 degrees 36 minutes 18 seconds WEST 179.19 feet
to the point of beginning and containing 2.026 acres of land.
I hereby certify that this survey as reflected in the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for a Category IA,Condition 11 Land Survey.Bearings are based on
NAD83-2011 Texas South 4205 Coordinate System.
Dated this the L4 qday of f 1✓gin s��. _.2023.
Ronald A.Voss,
Registered Professional Land Surveyor No.2293
Ht..
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Page 3 of 5
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Page 4 of 5
Exhibit B
21
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SUBJECT
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CASE: 0124-03
Zoning and notice Area
s
RM-1 Multifamily IL Light Industrial
RM-2 Multifamily2 IH Heavy Industrial
RM-3 Multifami ly3 PUD Planned Unit Dev.Overlay
ON Professional Office RS-10 Single-Family 10
RM-AT Multifamily AT RSL Single-Family6
CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5
CN-2Neighborhootl Commercial RSTFTvvo-Family _
CR-1 Resort Commercial RS-15 Single-Family 15
CR-2 Resort Commercial RE Residential Estate
CG-1 General Commercial RS-TH Townhouse _
CG-2 General Commercial SP Special Permit - -
CI Intensive Commercial RV Recreational Vehicle Park .r1(r4S
CBD Downtown Commercial RMH Manufactured Home [:I-i1 isti
FR-3 F esm C oammercial -
H Business Park ew�h .SUBJECT
BP Business Park
PROPERTY
subie�i aropenr
ih 200'Oufier
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Christi f�
Page 5 of 5
ZONING REPORT
Case 0124-03
Applicant & Subject Property
District: 1
Owner: Cenikor Foundation
Applicant: Cenikor Foundation
Address: 801 Cantwell Drive, located along the west side of Cantwell Drive, south of
Interstate Highway 37 (IH-37), east of Navigation Boulevard, and west of Omaha Drive.
Legal Description: South 30.59 Feet of Lot 23, Lots 24-28, Block 12, Russell Industrial Area.
Acreage of Subject Property: 2.03 Acres. (Refer to attachment (A) Metes & Bounds and (B)
Existing Zoning and Notice Area Map)
Pre-Submission Meeting: October 26, 2023
Zoning Request
From: "CG-2" General Commercial District
To: "IL" Light Industrial District
Purpose of Request: To allow for the adaptive re-use of a former assisted living facility into
an alcohol and drug rehabilitation center.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
Site "CG-2" General Commercial Medium-Density Light-Industrial
Residential
North "IL" Light Industrial Light-Industrial Light-Industrial
South "IL" Light Industrial
ROW (Savage Lane), Transportation,
Light-Industrial Light-Industrial
ROW (Cantwell Drive), Transportation,
East "IL" Light Industrial Light-Industrial Light-Industrial
West "IL" Light Industrial Light-Industrial Light-Industrial
Plat Status: MRNCT (Map Records of Nueces County, Texas) Volume 35 Page 37 indicates
that the property consists of several lots and a portion-of-a-lot; therefore, the subject property
is not platted. Platting is not required for alterations to an existing building with no impact to
existing infrastructure; however, a rezoning must precede the building permit.
Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None.
Code Violations: None.
Transportation and Circulation
Designation Section Proposed Section Existing
Cantwell Drive "Local " 1 Lane & Parking, 1 Lane & Parking,
Residential 50 feet 60 feet
Savage Lane Designation Section Proposed Section Existing
"Local " 1 Lane, on-street parking, 1 Lane, on-street parking,
Residential 50 feet 60 feet
Transit: The Corpus Christi RTA provides service to the subject property via Routes 27
Leopard and 28 Leopard/Navigation with the nearest bus stops, east- and west-bound, at
Leopard Street and Cantwell Drive.
Bicycle Mobility Plan: The subject property is approximately 1 ,900 feet away from a
proposed one-way cycle track along Up River Road.
Utilities
Gas: A (HP) 6-inch WS line exits along the west side of Cantwell Drive.
Stormwater: None exists along the frontage of the property on Savage Lane and Cantwell
Drive.
Wastewater: An 8-inch VCP line exists along Cantwell Drive.
Water: An 8-inch ACP line along the west side of Cantwell Drive and north side of Savage
Lane.
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 Westside Area Development Plan (Adopted on January 10, 2023).
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 24 within the 200-foot notification area
3 outside the 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: January 10, 2024
City Council 1St Reading/Public Hearing Date: February 20, 2024
City Council 2nd Reading Date: February 27, 2024
Background:
The subject property is a 2.03-acre parcel that formerly hosted the Trisun Care Center assisted
living facility (originally built in 1973 and added unto in 1991) in the Westside area of the city at
the intersection of Cantwell Drive and Savage Lane, generally south of Interstate Highway 37
(IH-37), north of Leopard Street, and east of South Padre Island Drive (SH-358). The subject
parcel is located within the west-half of the Westside area, which is particularly characterized
by industrial districts (light and heavy) east of North Padre Island Drive.
The westside ADP (Area Development Plan), adopted in 1995, designated the area bounded
by Old Brownsville Road, North Padre Island Drive, and Interstate Highway 37 (IH-37) to
industrial districts. At the exception of the subject parcel, the surrounding and abutting
properties are zoned "IL" Light industrial Districts with light industrial uses. The Unified
Development Code categorizes firms engaged in the manufacturing, assembly, repair, or
servicing of industrial, business, or consumer machinery, equipment, products, or by-products,
mainly by providing centralized services for separate retail outlets, as industrial uses.
Contractors and building maintenance services and similar uses perform services off-site.
General public traffic is very limited. The aforementioned summarize the uses at the
surrounding properties.
The community is characterized by residential uses a block east of Cantwell Drive, and a large
concentrations industrial uses west of it with a small enclave of residential use within, and
scattered commercial uses along Leopard Street, Navigation Boulevard, and Interstate
Highway 37 (IH-37) access road.
The subject parcel was rezoned from the "IL" Light Industrial District in the 1980s to "CG-2"
General Commercial District to permit an assisted living facility; and the applicant is requesting
an amendment that will revert the existing zoning district of 11CG-2" General Commercial
District to the original "IL" Light Industrial District to relocate the Cenikor (formerly Charlie's
Place) alcohol and drug rehabilitation center.
The Light Industrial zoning district accommodates light manufacturing, fabricating,
warehousing and wholesale distributing in buildings with access by major arterials, freeways or
railroads in either central or outlying locations, and a number other social service uses
prohibited in most zoning districts.
Plan CC ( City of Corpus Christi Comprehensive Plan) and FLUM (Future Land Use Map)
Consistency:
The proposed rezoning is consistent with the following Goals and Strategies for Decision
Makers:
• Resilience & Resource Efficiency:
o Reinvestment in existing communities conserves resources.
■ Encourage the preservation and adaptive reuse of existing structures to
reduce construction waste and conserve energy and materials.
• 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 the proper location of land uses based on compatibility,
locational needs, and characteristics of each use.
Westside ADP (Area Development Plan) and FLUM's (Future Land Use Map)
Consistency:
The proposed rezoning is consistent with vision themes and policy initiatives of the Westside
ADP (Area Development Plan) and the FLUM's designation of Light Industrial use. The
Westside ADP is particularly consistent with the health and safety vision them; which
encourages:
• Improving and expanding facilities and programming that support a healthy lifestyle.
• Improving access to healthcare and social services.
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 goals and elements of Plan CC (The
City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map)
designation of Light Industrial use.
• The Health and Safety vision theme for the Westside Area includes the provision of
social services to meet community and/or city's needs; while also creating a safe,
family-friendly environment within the area.
o Plan CC encourages a mixture of land use to support the needs of the
community and city and their appropriate location based on compatibility,
locational needs, and characteristics of the use. The social service use category
includes uses that primarily provide treatment to those with psychiatric, alcohol,
or drug problems related to social service programs (such as alternative or post
incarceration facility, exclusive care and treatment for psychiatric, alcohol, or
drug problems where patients are residents, group home for the physical
disabled, intellectual disability or emotionally disturbed that are not considered
single-family residences, group home for drug and alcohol treatment, soup
kitchen, transient lodging or shelter for the homeless, and treatment centers),
that are often perceived as controversial by the general public due to the
unpredictable behaviors of the associated residents.
o The proposed development will be for a full service alcohol and drug
rehabilitation center that includes outpatient services, withdrawal management,
medical assistant treatment, and recovery housing, and the UDC (Unified
Development Code) permits such uses by-right only in an "IL" Light Industrial
District due to the characteristics of the use.
• Plan CC encourages efficient use and conservation of resources, and in this case, it is
the adaptive reuse of an existing structure (originally built in 1973, and formerly Trisun
Care Center Assisted Living Facility). With the similarity in space programming between
an assisted living facility and an alcohol and drug rehabilitation center, staff finds the
proposed development and ideal and efficient use of resources.
• While no longer effective, staff noted that the former ADP reserved the west-half of the
Westside area, and the portion of the area south of North Padre Island Drive to
industrial development. The subject parcel is part of a large original "IL" Light Industrial
District; and the FLUM has designated Light Industrial use to it. The amendment would
revert the existing zoning district to the original "IL" Light Industrial district.
• The approximately 25,000 Square Feet structure will include 30 staff members, from
Monday through Friday, between the hours of 08:00 AM and 05:00 PM, and 10 after
hours and during the weekend. Parking, for this type of development, is controlled by
the number of employees and an additional 1 parking space per 250 Square feet of
office space, which the code regards as accessory.
Planning Commission and Staff Recommendation (January 10, 2024):
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 from the "CG-2" General Commercial
District to the "IL" Light Industrial District.
• The amendment is compatible with the present zoning and conforming uses of nearby
properties and to the character of the surrounding area. Staff does not foresee any
negative impact upon the surrounding neighborhood.
o The subject development is appropriately sited within an industrial district,
addresses a healthcare provision need, and will not impact the surrounding uses.
Attachment:
(A) Metes & Bounds, (B) Existing Zoning and Notice Area Map
Attachment:
(A)Metes and Bounds
STATE OF TEXAS JOB NO.20-7253
COUNTY OF NUECES
2.026 ACRES
ALL that certain tract or parcel of land situated in Nueces County, Texas,same
lying within the Corporate City Limits of Corpus Christi, Texas, same being the
South 30.59 feet of Lot 23 and all of Lots 24, 25,26,27 & 28, Block 12, Russell
Industrial Area as recorded in Volume 35,Page 37 of the Map Records of Nucces
County, Texas, and being more particularly described by metes and bounds as
follows,to wit:
BEGINNING at a drill hole set over a reading in the concrete of a fence post found
for the West corner of this tract,same being the West corner of said Lot 28,same
lying in the Northeast right-of-w ay margin of Savage Lane;
THENCE,along the Northwest boundary line of said Lots 28 through 23,NORTH
18 degrees 04 minutes 12 seconds EAST 311.34 feet to a 518 inch iron rod found for
the North corner of this tract;
THENCE,passing through said Lot 23,SOUTH 72 degrees 16 minutes 12 seconds
EAST 288.89 feet to a%inch iron pipe found for the East corner of this tract,same
lying in the Southeast boundary line of said Lot 23, same lying in the Northwest
right-of-way margin of Cantwell Lane;
THENCE, along the Southeast boundary line of said Lots 23 through 28 and the
Northwest right-of-way margin of Cantwell Lane,SOUTH 18 degrees 02 minutes 46
seconds WEST 279.37 feet to a 518 inch iron rod found for the Southeast corner of
this tract, same being the point of curvature of a curve to the right at the
intersection of said Cantwell Lane and Savage Lane;
THENCE,along said curve to the right with a radius of 25.00 feet,a central angle of
90 degrees 44 minutes 24 seconds,a length of are of 39.59 feet, a tangent of 25.33
feet and chord bearing and length of SOUTH 62 degrees 01 minutes 39 seconds
WEST 35.96 feet to a 5/8 inch iron rod found for the Southwest corner of this tract,
same lying in said Northeast right-of-way margin of Savage Lane;
THENCE, along said Northeast right-of-way margin of Savage Lane, NORTH 71
degrees 33 minutes 06 seconds WEST 85.05 feet to a 518 inch iron rod found for a
corner of this tract and of said Lot 28,same being the point of beginning of a curve
to the left;
THENCE, along said curve to the left with a radius of 2178.79 feet and the
Northeast right-of-way margin of Savage Lane, a central angle of 04 degrees 42
minutes 43 seconds,a length of are of 179.19 feet,a tangent of 89.64 feet and a chord
bearing and length of NORTH 74 degrees 36 minutes 18 seconds WEST 179.19 feet
to the point of beginning and containing 2.026 acres of land.
I hereby certify that this survey as reflected in the above Field Notes and attached
plat conforms to the current Texas Surveyors Association Standards and
Specifications for a Category IA,Condition II Land Survey.Bearings are based on
NAD83-2011 Texas South 4205 Coordinate System.
•
Dated this the Z1 itday of .2023.
Ronald A.Voss,
Registered Professional Land Surveyor No.2293
$ c
Attachment:
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Attachment:
(B)Existing Zoning and Notice Area Map
21
20
22
IL
19
23 11
18
17 10
16
O 9
15 � 8
= 7
V 6
14 CG-2 5
4 RS-
i
SUBJECT
Sq�AG�t PROPERTY3
24 /
12
13
2
�'`
CASE: 0124-03 N,,..,:.:
Zoning and notice Area
5
RM.1 Multifamily IL Light Industrial
RM-2 Multifamily2 IH Heavy Industrial .n
RM-3 Multifamily3 PUD Planned Unit Dev.Overlay
ON Professional Office RS-10 Single-Family 10
RM-AT Multifamily AT R" Single-Family6
CN-1 Neighborhood Commercial RS-05 Single-Famly45
CN-2 Neighborhood Commercial RS TF Two Family
CR-1 Res ort CommerciaRS-15 '.' �v
esidl5 tr
CR-2 Resort Commercial RB Residential al Estate
CG-1 General Commercial RS TH Townhouse - -
CG-2 General Commercial 7 �.�.
CI Intensive Commercial SP Special Permit t M 8 Carpus
CBD Downtown Commercial RV Recreational Vehicle Park - + Cllnsti
RMH Manufactured Home
CR3 Resort Commercial E '
FR Farm Rural
H Historic Overlay SUBJECT
BP Business Park
PROPERTY _
sudieor P�opercr owners r' _. _ _-
wih 200'Oufier favor
4 owwm2oo- X�ow aCity of Esri,HERE
wn—l"p oppWn Corpus LOCATINMAP
Christi
Zoning Case 0124-03
r Cenikor Foundation
. District 1
Rezoning for a property at or near
801 Cantwell Drive
- From the "CG-2" General Commercial District
To the "IL" Light Industrial District
g
G
r
SUBJECT '� s
PROPERTY
�n
6
- N y PROPERTY
CiLI OfT Esri,HERE
Crrl�ni; LOCATION MAP
City Council
February 20, 2024
Zoning and Land Use
Proposed Use:
To allow for an alcohol and drug rehabilitation center. (An
adaptive re-use of an assisted living facility)
IL
Area Development Plan (ADP):
Westside ADP (Adopted on January 10, 2023)
Future Land Use Map:
Light-Industrial use
C-G ?
Existing Zoning:
SUBJECT "CG-2" General Commercial District
Au -IN PROPERTY
Adjacent Land Uses:
N • North: Light-Industrial (Zoned "IL")
• South: Light-Industrial (Zoned "IL")
t • East: Light-Industrial (Zoned "IL")
• West: Light-Industrial (Zoned "IL")
Public Notification
24 Notices mailed inside the 200-foot buffer
21
3 Notices mailed outside the 200-foot buffer 20 22
19
23 LI
Notification Area 8
17 1n
16
9
Opposed: 0 (0%) 5 =W
Separate Opposed Owners (0) 14 CG ? 5
a R8
1
SUBJECT
sgv��f1N PROPERTY
24
In Favor: 0 (0.00%) 12
N 13
"Notified property owner's land in SQF/Total square footage of t
all property in the notification area = Percentage of public
opposition.
Staff Analysis and Recommendation
• The proposed rezoning is consistent with many goals and elements of Plan CC (The City of Corpus Christi
Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Light Industrial use.
• The Health and Safety vision theme for the Westside Area includes the provision of social services to meet
community and/or city's needs; while also creating a safe, family-friendly environment within the area.
• Plan CC encourages efficient use and conservation of resources, and in this case, it is the adaptive reuse of an
existing structure (formerly Trisun Care Center Assisted Living Facility). With the similarity in space programming
between an assisted living facility and an alcohol and drug rehabilitation center, staff finds the proposed
development and ideal and efficient use of resources.
• While no longer effective, staff noted that the former ADP reserved the west-half of the Westside area, and the
portion of the area south of North Padre Island Drive to industrial development. The subject parcel is part of a
large original "IL" Light Industrial District; and the FLUM has designated Light Industrial use to it. The amendment
would revert the existing zoning district to the original "IL" Light Industrial district.
• The amendment is compatible with the present zoning and conforming uses of nearby properties and to the
character of the surrounding area. Staff does not foresee any negative impact upon the surrounding neighborhood.
PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL
TO THE "IL" LIGHT INDUSTRIAL DISTRICT
so
�o
o� A
v
µoRPORPg4 AGENDA MEMORANDUM
1852 City Council Meeting of January 30, 2024
DATE: January 3, 2024
TO: Peter Zanoni, City Manager
FROM: Mike Culbertson, President & CEO
mculbertson@ccredc.com
(361) 882-7448
Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update
OUTSIDE PRESENTER:
Name Title/Position Organization
1. Mike Culbertson President & CEO CCREDC
BACKGROUND:
The CCREDC provides quarterly updates to the City Council. In accordance with this practice,
the CCREDC will update the Council on its activities and the status of the local economy. This
presentation covers October - December 2023. Our last presentation was on August 15, 2023.
The Metropolitan Statistical Area (MSA) economy is still growing from a low of 180,000 jobs in
September 2020 to 197,400 as of November. As a reference, in 2019, the last normal year, the
jobs were 192,400. The unemployment rate has steadily dropped from a high in July and August
of 5% down to 3.9% in November. We are only 0.4% above Texas and the US. The housing
market is settling down. Prices are up but only slightly from 2022. The inventory time is now up
to 4.4 months, which is trending toward a more balanced market between buyers and sellers.
CCREDC is about securing high paying jobs and diversifying our economy. The sales tax
collections are up across the MSA from 2022 apart from one city. The EDC is working on nine
major projects that are valued at $7.6 billion in capital investment and would create 995 quality
primary jobs. The EDC is looking for other industries to attract to our region. We are still going
through the suggested industries from our Targeted Industry Survey we did in 2020 to look at
industries that we can target but also re-shoring opportunities. We are running out of available
water and excess electricity to help site these projects.
We are coordinating with partners to push a "sense of place" initiative. Your EDC is delivering
value to the city and the region.
LIST OF SUPPORTING DOCUMENTS:
CCREDC Q4 2023 PowerPoint Presentation
City Council
Quarterly Update
January 2024
Presented by ��
Mike Culbertson
President & CEO
•
F
i
Corpus Christi �
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION -,
Photo:Visit Corpus Christi
Mission Statement
The mission of the Corpus
Christi Regional Economic Development
Corporation is to expand and enhance the
.
region's economic base by developing
,j and/or supporting projects that
create primary jobs to improve the
diversity and size of the local economy.
DepotPhoto:Corpus Christi Army
Corpus Christi
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
CORPUS CHRISTI M/A
HOUSING REPORT
11"I IC3 E3
MEDIAN HOME PRICES SOLD CLOSED SALES ACTIVE LISTINGS
$279,000 UP 7.3% 217 DOWN 21.4% 1,225 UP 23.2%
COMPARED NOV.2022 COMPARED NOV.2022 COMPARED NOV.2022
91 E3
MONTHS OF INVENTORY DAYS ON THE MARKET:54
4.4 UP FROM 2.7 DAYS TO CLOSE:36
COMPARED NOV.2022 TOTAL DAYS:90
UNCHANGED COMPARED NOV.2022
♦ / ♦ / •
NOVEMBER rER OCTOBER 2022i i i
2023 2022i
CITY OF ALICE 6,524,169 6,065,934 5,955,423 6,664,603 5,627,384 5,286,345
CITY OF ARANSAS PASS 2,779,532 2,659,860 2,519,631 2,898,404 2,743,723 2,516,619
CITY OF BEEVILLE 3,965,119 3,841,227 3,558,090 4,189,005 3,785,579 3,605,444
CITY OF CORPUS CHRISTI 89,519,643 85,134,154 80,972,532 92,547,633 86,039,294 79,718,714
CITY OF GREGORY 446,150 480,089 407,636 519,021 690,915 612,363
CITY OF INGLESIDE 4,466,406 2,900,616 4,116,447 3,184,198 3,214,477 3,786,173
CITY OF PORT ARANSAS 3,580,912 3,547,551 3,234,566 3,839,290 3,372,428 2,687,502
CITY OF PORTLAND 6,979,432 6,317,872 6,328,588 6,830,660 6,399,502 5,735,562
CITY OF ROBSTOWN 2,072,546 1,733,344 1,846,713 1,879,188 1,860,293 1,974,500
CITY OF ROCKPORT 3,409,366 3,384,163 3,082,003 3,665,496 3,243,897 2,864,158
CITY OF SINTON 1,588,814 1,500,020 1,420,043 1,614,741 1,653,229 1,357,784
COMBINED TOTALS: 125,332,094 117,564,831 113,441,672 127,832,241 118,663,365 110,205,722
EMPLOYMENT
SELECTEDMONTH/ CORPUS
'IreIlTm
1 1 1
I I I I I I
197,400 196,100 193,800 187,900 182,900 0.7% 1.9%
22,100 21,700 20,100 19,400 19,200 1.8% 10%
9,000 9,100 8,700 8,100 8,000 -1.1% 3.4%
' 34,800 34,100 34,600 34,100 33,100 2.1% 0.6%
' 1,600 1,500 1,500 2,600 2,600 6.7% 6.7%
9,300 9,300 9,200 8,400 8,100 0.0% 1.1%
19,900 20,200 20,300 18,300 17,800 -1.5% -2.0%
32,900 32,600 31,600 30,800 31,000 0.9% 4.1%
26,200 26,200 26,200 25,600 23,200 0.0% 0.0%
6,400 6,400 6,300 6,100 5,800 0.0% 1.5%
35,200 35,000 35,300 34,500 34,100 0.6% -0.3%
Corpus Christi
MSA UNEMPLOYMENT RATES - _
FF,7
6*0
5.5
5.0
4.5
4.0
+�
3.5
3.0
• •�• •
r. 4.4
1 1 1
U.S.
O
2023 BRE Reort
p
Business Retention & Expansion is
an economic development strategy Existing Workforce
of proactively connecting with Business
existingbusinesses to understand Development
Expansions
and respond to their needs.
80% of a region's growth comes Infrastructure Program
from the expansion of existing Implernentaticn
businesses. ■
■
Staff conduct interviews with Permitting & Business
businesses every month to collect Development Resource
data and provide resources for their Liason
overall success.
IN RESPONSE TO THE 2022 BUSINESS CHALLENGES,
WE PLANNED THE FOLLOWING WITH REGIONAL PARTNERS
MANUFACTURING DAY "
EXPO & CAREER FAIR _ m0%
pip E
MANUFACTURING MINCER
M
MARITIME CAREER FAIR
M WORKFORCE SCOOP �
8 �
HIGHWAY 77 CORRIDOR
4 m
N PLANNING MEETING '�
2023VBRE TOP BUSINESS a'WORKFORCEIIT 2. INFRASTRUCTURE
CHALLENGES 3.QUALITY OF LIFE
1
8g6 INDUSTRIES Q
52% BY NAICS
ES:
CDDES; TECHNOLOGY
18%
OF COMPANIES INDICATED THEY ARE
MANUFACTURING 17%
INVESTING IN NEW TECHNOLOGY IN THE
BUSINESS,PROFESSIONAL AND TECHNICAL SERVICES NEXTYEAR INCLUDING:
CONSTRUCTION&CONTRACTORS SPECIAL TRADE
OTHER
• BATTERY STORAGE TECHNOLOGY
39% 73% • VEGETABLE OIL AS FEEDSTOCK
OF BUSINESSES OF COMPANIES • CARBON REDUCTION TECHNOLOGY
INDICATED PLANS TO INDICATED THEIR KEY • VIRTUAL WELDING TRAINING
EXPANDINWITHIN PRODUCT(S) MARKET
THE NEXTYEAR SHARE WAS STABLE OR •AUTOMATION FOR MACHINERY PROCESSES
INCREASING
TOP REQUESTED ASSISTANCE TOP JOBS IN DULAND
1. INCENTIVES
* , , RIGGERS
2. EDUCATION PARTNER CONNECTION
OPE 5
3. MANUFACTURING a
■
4. EMPLOYEE TRAINING METALLURGISTS
GENERAL
5. INFRASTRUCTURE WELDERS LABORERS
OHO
r'r ')'1 EFFECTIVE RECRUITMENT AND RETENTION STRATEGIES
- Collaborating with regional high schools to provide "Building Careers" presentations
- "Sign Days" for High School Students
- Maintaining a positive "Company Culture" to retain employees
- Utilizing job fairs provide by Workforce Solutions
Corpus Christi B Corporation (Type B)
FY'24 Wins
C Sl S�j� ■ Del Mar College Cyber Center
OASTAL ■ $130,000 grant to support small businesses
A GREAT PLACE TO LIVE AM WORK. who need assistance to secure the safety of
their business information
■ The Ritz Theatre
■ $230,000 matching grant to secure the
exterior of The Ritz building
■ The Admirals Quarters — NAS-CC
Corpus $1,000,000 for the construction of the
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION CNATRA Flag Officer Quarters
Proactively planning for what the "New Economy" will yield in
terms of opportunities and changes to business environment
2021 Targeted Industries Analysis
• Supply Chain Analysis 1(000�
• Reshoring/Nearshoring
• Economic Diversification(e.g., Petrochemicals,
CCREDC Steel, Drones,Advanced Manufacturing)
Manufacturing
I BUSINESS, High Tech. High Skill. High Pay.
COASTAL �r / . Manufacturing has an outsized effect
A GREAT PLACE TO LIVE AM WORK. on our economy COVID made supply
chain weaknesses laid bare. Re-shoring
and near shoring is the future.
Engaged a consultant (RCI) to actively look for
manufacturers to attract.
Business Attraction Trade Shows
• AISTECH May 8-11
World Hydrogen May 15- 18
OASTAL S�� • C1eanPower May 22-24
A GREAT PLACE TO LIVE AM WORK.
• Hydrogen Tech Expo N. America June 27-29
• UAV Commercial Expo Sept 6-8
Other Events
• Maritime Career Fair: April 12th, 2023
Corpus Christi • Workforce Scoop Forum: June 2023
REGIONAL
DEVELOPMENT CORPORATION • Manufacturing Expo: October 2023
Project Water Needs
Projects9 Active
995 Jobs l i Cap Ex
Industry Capital Investment Jobs PA-�
USINESS,
Green Industry (6) $5.11 Billion 420 C AL
A GREAT PLACE TO LIVE A6 WORK.
Manufacturing(2) $1.51 Billion 375
Steel $1.00 Billion 200 '
Total: $7.62 Billion 995
Corpus Christi
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION
O
Area Projects Net Taxable Value
Taxing Entity 10 Year 20 Year
-�WSINESS,
COASTAL �&A City of Corpus Christi $ 175,105,109 $ 851,303,341
A GREAT PLACE TO LIVE AM WORK.
Nueces School Districts $ 332,414,584 $ 598,673,168
Del Mar College $ 25,824,005 $ 47,867,469
Type A/B Effect $ 24,834,069 $ 22,448,032
CorpusThese taxes are net of any incentive offered. Assumed the time
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of
Corpus Christi includes the industrial district PILOT payments
Corpus Christi Regional Airshed Ozone Values& Corpus Christi MSA Data - 1989 to 2022
120 - 450
c
4 110
a 1Q0
° 400
90 --. ♦ 91
_� • 81 T 82� `-_ gl__ ____________________..___.._-_________«,.____-_..__,___..______.._--__
80 92
80 74
____�73_____ ______�__ ____� l5— __ ______ ___ 7 - -____— _ — _ —_____ 350
70
i2 • 68 • 66 • 67• 65 z
a • r
60 -
m .4
r
a
SQ 51.4461.56 50 61 300 a
e 4&97 247.20 47.8546.73 47.7847.2346.1447.4750.22 49.0549.88 n
m 40 44.9344.5146.0Q
.e 30 _
a
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m
20 -
1988 2073 20.6721.3221.2621.6120.2320.2019.SD2Q.5621.5321.7120.7121.10
10 p
18.!1317.9318.56 18.9419.44 19.7719.40.
0 ..._..._.____. .__.__..W____ .._-.__....... _._......�___..}Q.�...___�+,.._.. .w_...r...._....,......... .y_.._.______..... 200
� °•i +9 � ri ra ra � n ti rl N N N ry ry N ry ry N ry ry N N ry N N H N ry ry N N N
rear
CC MSA Population(right axis) ----1997 8-hou r Ozone NAAQS ---2008 8-hour Ozone NAAQS
2015 8-hour Ozone NAAQS • CAMS 4&2.1 Average +-*--{C MSA Real Per Capita GOP
CC MSA Real GOP -3 per.Mov.Avg.(CAMS 4&21 Average) ---10 per.Mov.Avg.)CC MSA Real Per Capita GOP)
10 per-Mov.Avg.SCC MSA Real GbP)
Li it tr.Sr�� y )�'i` &Us •1^��dl'i rl` "F
y;�;14si
Questions?
Mike Culbertson
President & CEO
s a-
r
F
Corpus Christi
REGIONAL ECONOMIC
DEVELOPMENT CORPORATION -,
Photo:Visit Corpus Christi