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Agenda Packet City Council - 10/22/2024
Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, October 22,2024 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Kenneth Pinckley with Arlington Heights Christian School. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Kayla Rea Calamaco, 12th grader Calallen High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1606 Appointment of Chief Wade to the Texas Commission on Fire Protection 2. 24-1741 TML Post - Conference Legislative Updates City of Corpus Christi Page 1 Printed on 1012112024 City Council Meeting Agenda-Final-revised October 22, 2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, 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. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. BRIEFINGS: (ITEM 3) 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. 3. 24-1738 North Beach Revitalization Update Sponsors: Engineering Services I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEM 4 - 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. 4. 24-1755 Approval of the October 15, 2024 Regular Meeting Minutes Sponsors: City Secretary's Office Consent- Second Reading Ordinances City of Corpus Christi Page 2 Printed on 1012112024 City Council Meeting Agenda-Final-revised October 22, 2024 5. 24-1619 Ordinance authorizing acceptance of a grant in an amount of$59,609.00 from the State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$24,719.82 and in-kind match of $6,960.00; transferring $24,719.82 from the General Fund to the Police Grants Fund; appropriating $84,328.82 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. (6 votes required) sponsors: Police Department 6. 24-1579 Ordinance authorizing the acceptance of a grant in the amount of $318,816.56 from the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a cash match of $61,624.14 and in-kind services of$18,080.00; and appropriating $318,816.56 in the Police Grants Fund; and authorizing five full-time employees. (6 votes required) sponsors: Police Department 7. 24-1516 Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non-profit corporation, to lease the AI Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of $2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. (6 votes required) sponsors: Parks and Recreation Department and Finance &Procurement 8. 24-0653 Ordinance annexing Clarkwood Estates subdivision, an 87.57-acre tract of land located at the northwest corner of Clarkwood Road (Farm to Market Highway (FM) 2292) and County Road (CR) 36 per owner petition; rezoning 84.71 acres from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; annexing an abutting 1.254-acre or 2,590-linear foot section of the CR 36 right-of-way per State law; providing for a penalty not to exceed $2,000 and publication, and approving the related service plan. (6 votes required) sponsors: Planning and Community Development Department 9. 24-1573 Zoning Case No. ZN8435, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) sponsors: Development Services 10. 24-1575 Zoning Case No. ZN8441, MPM Development, LLC. (District 1). Ordinance rezoning a property at or near 11202 Haven Drive from the City of Corpus Christi Page 3 Printed on 1012112024 City Council Meeting Agenda-Final-revised October 22, 2024 "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) Sponsors: Development Services 11. 24-1514 Ordinance authorizing an agreement between the Corpus Christi B Corporation (Type B) and Del Mar College Foundation Inc., for the equipment needed for five different programs for enhanced skills training effective upon signature of the City Manager or designee: appropriating funds in the amount of$1,897,870.00 from the Type B Economic Development Fund. (6 votes required) Sponsors: Economic Development Consent- Capital Projects 12. 24-1692 Resolution rejecting the bids of IECON, Inc. and Taknek, LLC as non-responsive and authorizing a construction contract with H&S Constructors, Inc, Corpus Christi, TX as the lowest responsive, responsible bidder in the amount of$12,174,975.00 for the Mary Rhodes Pipeline Phase 1 System Improvements Project for improvements to the booster pump stations located at Bloomington, Texas and Woodsboro, Texas associated with the Mary Rhodes Pipeline (MRP) raw water delivery system, with FY 2025 funding available from the Raw Water Capital Fund. (6 Votes Required) Sponsors: Corpus Christi Water, Engineering Services and Contracts and Procurement 13. 24-1686 Motion awarding a construction contract to DGS General Construction Group, LLC, Corpus Christi, TX, for the Littles-Martin House project in an amount not to exceed $458,900.57 for building envelope rehabilitation exterior and improvements, located in Council District 1 with FY 2025 funding available from the Community Development Block Grant (CDBG) Program. (6 votes required) Sponsors: Parks and Recreation Department, Engineering Services and Contracts and Procurement K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. 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. 24-1732 Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct Lady Alexa Drive and Natasha Lane City of Corpus Christi Page 4 Printed on 1012112024 City Council Meeting Agenda-Final-revised October 22, 2024 with Roller Compacted Concrete for the King's Landing Unit 5 subdivision. (District 3) (6 votes required) sponsors: Development Services 15. 24-1596 Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). (6 votes required) sponsors: Development Services 16. 24-1700 Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). (6 votes required) sponsors: Development Services M. RECESS TO THE CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION MEETING: (ITEM 17) 17. 24-1613 Meeting of the Corpus Christi Industrial Development Corporation to amend the deed from the Texas General Land Office for Salinas Park to allow construction of Fire Station #10 within the boundaries of the park and to convey the 91.70 acres of Salinas Park to the City of Corpus Christi. N. RETURN TO CITY COUNCIL MEETING O. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 18) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 18. 24-1684 Resolution casting votes for candidate(s) for the Nueces County Appraisal District Board of Directors sponsors: City Secretary's Office and Intergovernmental Relations P. EXECUTIVE SESSION: (NONE) 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 City of Corpus Christi Page 5 Printed on 1012112024 City Council Meeting Agenda-Final-revised October 22,2024 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. Q. ADJOURNMENT City of Corpus Christi Page 6 Printed on 1012112024 '6 �a ..j Home i a Dove mor Abb o tt Ai pints Wade, Buford To Texas Commission On Fire Protection �P��.�IIr'•3 wL.F§tr4T�ge�.wcsw`;�rl,+:.IP�; Goer€it Greg Abbott Mr.appointed l fair done Wade and Daniel Buf ord to the Texas Cvrnmission on Fire Protection for terms 50 lv ex*e on Fkwuary 1.2025 arty February 1.2429.respectively.The Commission devefts and enforces slatewide fire serwke slandw.cls.ar►d prmides educalion and assistance to the iff4astry. Brame Wade of Corpus Christi,is the fire ehiei for The Corpus CI1 Wi fine Deparilment.F9rftlousty,he retired as an assistant chief vMh the Austin Fire Departnxw alter 24 years DI service-He Is a m€tuber of 1he lettefrlalkRml Assmiation vl Fire Chiefs.,Texas Fire CNefsAsscciiation_Nueces CountyFire Chiefs Assobalion.Rel.oredArustin FirellRhler^s Association.and the AuxWwv to Loral 975.A itivriaMy_he is.a ferwr mentper of Texas AI M Task F Gne.Capital Ar G tYi artdGaipil l r �nmry k1w4i 1 l�riEyTx Forte, rliWri ; c b orApplii41 SCioKe in rife from 5�11Affl(micaCrtdil f,arlaft EWhMar qi sciegwx-ir Emeff Ma Mor1 ;iroin West.Texas A&M Uni%wslly. DanielBsrfwd ni Moneguft"4afioutonim;01[*Bryan Fire Do rtryyem iiriclork wiguSlyr +des.i)li,Ilr RnR trlr the Nc*w[110yIst ValuntaV Firs! thin Bry-or5 Firs F hk r a4; i3kizirr.��el tri t r!r°vi ee0eeeA&m.akitiwofl The 1ntNnMi eF,��Ixiati6nol Fire Fighters.Addiiiomilly,lyeisa nwlfflbr~rof Me,Te,c. Slake Association of Fire Fighters and former%-Ice resident 8l the village Profe slonalfreFig ers Oulwd re4:€iwed an Associate of.Applied Science In Fire Sclrmwe from Lowest it Qxnniunikyr Cie. ++ _ k Texas Municipal League (TML) Post-Conference Legislative Updates . Ryan Skrobarczyk Director, Intergovernmental Relations October 22, 2024 TML Annual Conference 10) texas Municipal League (TML) Annual Conference and Exhibition was vx% conducted on October 9 — 11 in Houston, TX. The TML annual conference is the largest in-state gathering of over 3,300 Texas municipal officials for 2.5 days of continuing education and training sessions related to city-related matters, in addition to a tradeshow exhibition of municipal service providers. Attendees this year included city council members, the City Manager's Office, the IGR Department, CCW staff, the City Attorney, and the City Secretary's Office. TML Annual Conference ��..ducation Sessions Offered Included: • TML Legislative Outlook: The 89th session of the Texas Legislature will begin on January 14, 2025. Learn what issues are likely to be priorities, and how the League and Texas cities will work together to protect your ability to serve your residents. • Al Applications in Municipal Government: Dive into the exciting world of Artificial Intelligence (AI) and its transformative applications in libraries, economic development, and tourism. • Maximize Human Potential: Win Together in a Shifting World: Johnny C. Taylor, Jr., President and CEO of SHRM, will help community leaders maximize their role in shaping the workforce, nurturing talent, and steering their city through the complexities of the business landscape. TML Annual Conference I � IJ A Secure Water Future for Your City: The Texas Water Development Board (TWDB) leads the state's efforts to ensure a secure water future for Texas and its citizens. Attendees will hear from TWDB on the water needs across the state, including current initiatives and finance programs available to cities to address local water needs. You will also hear from the City of Corpus Christi about their efforts to address water needs, including the nation's first municipally owned seawater desalination project. TM L Legislative Outlook Key Legislative Issues Identified: • Super Preemption • ETJ and Annexation • Zoning Reform and Housing • Taxation and Economic Development • Community Censorship • 1` TML Municipal Policy Development Process October 2023 - The TML membership considered resolutions at the 2023 Annual Conference at the annual business meeting. August 2024 - The Municipal Policy Summit, a two-day policy briefing at which the members made recommendations for the League's 2025-2026 legislative program, meets. *,/October 2024 - The Municipal Policy Summit report, along with any other resolutions, will proceed to the annual business meeting at the 2024 Annual Conference. December 2024 - The TML Board will finalize the League's 2025-2026 legislative program based on resolutions passed in both 2023 and 2024. TML Municipal Policy Summit General TML Positions Recommended SUPPORT OPPOSE Protect or expand local options on Preemption of local authority policy decisions Protect existing incentives tools Mandatory erosion of revenue available to cities options or the tax base Support additional state funding for Increases to unfunded mandates infrastructure, including transportation, water, and police �. TML Annual Business Meeting Agenda Development: • The Legislative Report from the TML Municipal Policy Summit was adopted as submitted to create the TML fixed legislative agenda • 27 other resolutions were submitted; most were defeated for lack of support, research, or representation • Key resolutions adopted include support for new grant programs, clarifying procedures for ballot initiatives and zoning amendments, compensation for right-of-way use by video service providers, and regulation of institutional investors • i� • it� �� � . .� . -� se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 City Council Meeting of October 22, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 North Beach Revitalization Updates STAFF PRESENTER(S): Name Title/Position Department 1. Jeff H. Edmonds, P. E. Director Engineering Services BACKGROUND: This briefing will provide an update on progress of projects that are revitalizing North Beach. North Beach has been a tourist destination for over 100 years. Located on the far north end of Corpus Christi, North Beach provides access to beaches, boat launches, shopping stores, restaurants, and tourist attractions such as the Texas State Aquarium and USS Lexington. The revitalization efforts aim to enhance the overall visitor experience and promote economic growth in the area as well as provide a great neighborhood in which to live. Projects to be highlighted in North Beach Revitalization presentation include: • North Beach Drainage Improvements • Design of North Beach Eco Park • Elevate and Reconstruct Beach Avenue & Gulfspray Avenue • North Beach Gulfspray Ave Pedestrian/ Bike Access associated with the new Harbor Bridge • Texas State Aquarium's Parking Lot • North Beach Restroom & Parking • North Beach Nonstructural Fill Dirt Management Policy • RV Park • Demolition of Villa Del Sol Condo • TxDot Turnaround Work • New Fajitaville Restaurant • Texas State Aquarium Wildlife Rescue Center • Beach Nourishment • New Trash Cans The North Beach Community Association has been informed about this briefing and members of the organization will be in attendance. LIST OF SUPPORTING DOCUMENTS: Power Point North Beach Revitalization i October 22, 2024 Highlighted Projects • North Beach Drainage Improvements • Puerto Del Sol RV Park • Design of North Beach Eco Park • Demolition of Villa Del Sol Condo • Elevate and Reconstruct of • TxDot Turnaround Work Beach Avenue & Gulfspray Avenue • New Fajitaville Restaurant • North Beach Gulfspray Ave Pedestrian/ Bike Access • Texas State Aquarium Wildlife Rescue Center • Texas State Aquarium's Parking Lot 0 Beach Nourishment • North Beach Restroom & Parking • New Trash Cans • North Beach Nonstructural Fill Dirt Management Policy North Beach Drainage Improvements • Budget: $25.5 million • Design complete and currently advertising --- for bids • Scopes of work: o Canal r , o Stormwater Conveyance o Linear Park o Streets / Driveways 1 —� o Vehicular Bridges o Water Utilities o Lift Station &Wastewater Utilities �- = _ Design of North Beach Eco Park xnaeoa saroce _ Access Improvements ucxraousE '! r_cntsEwnY aLV _^T-. +Two vehicle bridges,two pedestrian bridges Budget: $1 oor\ -,?Q +Impro Improved +ImprOVed aCC2S5 Off NCW Harbor Bridge +Added parking _ - • Design complete and currently k���� _ advertising for bids Scope of Work: o Connection to Linear Park and Beach Walk o Enhance Existing Wetlands � �s- o Create New Wetlands ��,�,k� r iFR awr Uplands Restoration/Native Grasses nll,In �n o U p - I o New Parking vaPLs OC l'li ata' 1—st! a- Wetlands Enhancements Upland Restoration New Eco-Park +New estaurine emergent +Bermuda grass +Createdwedands Elevate and Reconstruct Beach Avenue and Gulfspray Avenue w • Raised to 5' EL above MSL 1 A II~' 1 ,393 7 • Full Depth Reconstruction I'I I I � • 8' and 10' wide walks tied to Harbor Bridge) , • On Street Parking BEACH AVE • Replace all driveways in kind = __ __ • ADA Ramps & Crossings i - - �� ICI • Signage & Striping • Design complete and currently advertising for bids BEACH AVE PLAN 1 SCALE; 1'=49' I�a}; w AIL& ' Wlm North Beach Gulfspray Ave Pedestrian / R1 1- Z\ rr� c c 91 Aquarium Expanded Parking Lot - - � - • Current Parking: 203,400 sq ft lot = 435 spaces — Expanded Parking — '�—ram �• • Purchased 151,000 sq ft lot in August '_. • Increases parking capacity by 75% . . • Free tram to transport visitors from parking to attractions • Scope of work includes surface work, drive aprons, lighting, & landscaping • Type B to fund $2 million for new parking lot work _ . • Design concepts to be complete by the end of the year .� �•�- IN V L L_II JL-)tfciUII b L_ L V VILL dIlU Parking • Total Budget: $6.8 million _ • Ribbon cutting ceremony was on July 29 '�_ =`t, • 151 ,000 sq ft lot increases parking by 30% `— • Scope of work includes surface work, drive aprons, lighting, & AL WIN landscapinglink _ �_ ,�"�. :sue North Beach Nonstructural Fill Dirt y. Management Policy • City Staff had a meeting with North Beach Community Association on August 28, 2024 to discuss the nonstructural fill policy. • The City agreed to be the responsible party to pay for the soil testing once the potential fill dirt is identified by the property owner. • City staff has developed a procedure to perform this task utilizing existing soil testing contracts. • Residents identify fill sourer to be tested. • Residents identify V-Zone location to be tested. • Public Works obtain testing samples. • Testing time: 5 days. • The estimated cost for the soil testing is approximately $300 PUERTO DEL SOL RV PARK • Budget: $1 .8 million • Scopes of work: landscaping, fencing, underground electrical repairs, site build up of 3 feet, and vinyl bulkhead on three sides. • Project incentives of $442,000 provided by the ` ' * ' •#" : TIRZ #4 North Beach Property Improvement Program and the North Beach Infrastructure Project Program DEMOLITION - VILLA DEL SOL BUILDING G • The total costs of the demolition" , 77�' j 1 total $62,200 - a �Il�lllllllllllp I • On August 9th, the four story "T-section" g PII of building#3 sustained significant fire - damage that compromised the structural �} integrity of the building section h g Y g , • 18 condominium units and first-floor r common room of building #3 were �lii �1111111' 'IIIIIIII declared an imminent danger �_tVlllllllllf III''Vlllllil 0°IIIVII6iVlu' ii®�,� Illllllu to life and I safety. '� IIIIIII � i l E • An Emergency Demolition Order was issued. • After concluding "cause and origin" ' investigations and damage assessments, " r, T_ the demolition began September 20t" and completed on October 11 t" NEW FAJITAVILLE RESTAURANT • Minor repairs/work completed over the summer to ensure it was open for visitors. • Major construction to begin November 2024 including structural repairs, outdoor improvements, and parking lot improvements. • Project incentives provided by the TIRZ #4 North Beach Property Improvement Program Mail." LI i • Total Eligible Reimbursement Project Costs . , °. (Developer) $2.3 million • TIRZ Incentive not to exceed $879,984 • Estimated completion March 2025 12 TEXAS STATE AQUARIUM WILDLIFE RESCUE CENTER • Country's largest and most advanced wildlife rescue center / • $18 million investmentIR� • � h 18-month construction period Licensed to rescue marine mammals, black It -:, bears, mountain lions, sea turtles, and birds - • Ability to rescue and rehabilitate over 3,000 sea turtles at one time • Teaching wildlife hospital with Texas A&M Kingsville 13 - TRASH CANS REPLACEMENT • Parks & Recreation has replaced 35 trash cans on North Beach. - w ids • Replacing 15 signs around North Beach including the sign at Dolphin Park that fl was recently vandalized. The replacement for the Dolphin Park sign should be in place in 5-8 weeks. 14 - NORTH BEACH SAND MOVEMENTS • The sand had been pushed up due to Tropical Storm Alberto. • Parks & Recreation Beach Operations and <, Public Works moved sand from the middle of the beach and the parking area back into the WMIW,V. water. a ` • The process took 8 weeks to complete. - HOTEL DE V I L L E _^. • Minor repairs/work completed over the summer to ensure it was open for visitors. • Major construction includes structural repairs, outdoor improvements, and parking lot improvements. • Construction begin in November 2024. ' • Estimated completion April 2025 • Project incentive provided by the TIRZ #4 North Beach Property Improvement Program • Total Eligible Reimbursement Project Costs (Developer) $877,000 • TI RZ Incentive not to exceed $432,089 16 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, October 15,2024 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:32 a.m. B. Invocation to be given by Father Raju Thottanaara with St. Peter Prince of the Apostle. Father Raju Thottanaara with St. Peter Prince of the Apostle, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Zak Hinojosa, 2nd grader Los Encinos Elementary School. Zak Hinojosa, second grader at Los Encinos Elementary 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1702 63rd Annual Texas Jazz Festival, October 18 to October 20 City Manager Peter Zanoni announced the 63rd Annual Texas Jazz Festival to be held October 18-20 with an expected attendance of 30,000 people. President of Texas Jazz Festival Society Nick Martinez thanked Council and City staff for their support in this event. Proceeds from this event go to Texas A&M University Corpus Christi, Texas A&M University Kingsville, Del Mar College and charities. City of Corpus Christi Page 1 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 2. 24-1712 Airport Outdoor Patio and Bar Grand Opening City Manager Peter Zanoni gave an update about the Airport Outdoor Patio and Bar Grand Opening, which will be held on October 17. F. PUBLIC COMMENT Mayor Guajardo opened public comment. The following citizens advocated to update the library policies to censor certain books at public libraries: Shawn Flanagan, 4218 Herndon St., Brian and Katy O'Callaghan, 414 Chase Dr., Juan Rodriguez, 7914 Vishal Dr., Daniel Resley, 2313 Louisville Dr., and Melinda De Los Santos, 611 Gulf Shore Place. John Weber, 609 Naples St., presented information about the Open Meetings Act provision. The following citizens spoke in support of Item 17, Small Business Assistance Agreements: Joe Hopkins, 6009 Lago Vista Dr., Hilario Ortega, Jr., 6765 Wood Iron Dr., Christopher Tichacek, 2114 Pajaro Lane, Michelle Roddel, 2417 Nemec St., Gary Aguilar, 6017 Garden Court, Joel Gonzalez, 6013 Oriental Ave., Michael Stineman, 7522 Vaquero Dr., and Susan Glass, 617 Catalina Place. Elena Martinez, 9320 South Padre Island Dr., spoke about the audit committee meeting and updating city policies. Susie Saldana, 4710 Hake] Dr., spoke about city council processes and city lawsuits. Brian O'Callaghan, 414 Chase Dr., asked the City to consider not adding fluoride back into the water. Rachel Caballero, 522 Hancock Ave., commended the fire department for their service, asked that Council members approve the City Manager's monthly reimbursement expenses, and requested an audit on OVG360. Jan Roberson, 3933 Wagner Lee Dr. and Philip Magasich, 14313 Scallop St., spoke about Padre Island National Seashore's Sea Turtle Science Recovery program. Jason Hale, 4421 Hamlin Dr., spoke about a climate action plan. Adam Rios, 7301 Tangled Ridge Court, spoke about upcoming local events. Jeb Bradshaw, Fort Worth, TX, spoke about the Pescador Coalition. The following citizen submitted a written public comment which is attached to the minutes: Diana Cardenas, 10701 Rockwood St. City of Corpus Christi Page 2 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. BRIEFINGS: (ITEMS 3 -4) 3. 24-1708 Nueces County Appraisal District Appointment Process Briefing, presented by Ryan Skrobarczyk, Director of Intergovernmental Relations Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the following topics: five new appointed directors; current appointed NCAD Board of Directors prior to SB 2 Reforms; and nominations for the NCAD Board of Directors. 4. 24-1178 Art Museum of South Texas Annual Briefing Director of Art Museum Sara Morgan presented information on the following topics: 2024 exhibition schedule; 2025 exhibition schedule; war toys: Ukraine; visionarios-youth art contest; Christmas tree forest-holiday family day; summer camp; VIK camp; holiday camp; spring break camp; preschool picassos; AMS teens; Texas A&M University Corpus Christi; 1st Fridays; 2nd Saturdays; 3rd Thursdays; 4th Sundays; sensory Monday; and barge dock during Alberto and Beryl. A Council Member and Director Morgan discussed the following topic: a Council Member thanked Director Morgan for all the events held at the Art Museum. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 5 - 21) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 16, 17, and 21 were pulled for individual consideration. Council Member Klein moved to approve the consent agenda with the exception of Items 16, 17, and 21, seconded by Council Member Hernandez. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 5. 24-1678 Approval of the August 22, 2024 and August 29, 2024 Budget Workshop Minutes, and September 17, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. City of Corpus Christi Page 3 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 Consent-Second Reading Ordinances 6. 24-1517 Ordinance authorizing acceptance of grant funds in an amount of$99,976.50 from the Texas Department of Transportation for the 2025 Comprehensive Selective Traffic Enforcement Project for overtime for sworn officers to increase traffic enforcement in Corpus Christi, with a City match of$30,234.37 in fringe benefits and fuel expenses, with funds available from the FY 2025 General Fund; and appropriating $99,976.50 in the Police Grants Fund. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033478 7. 24-1534 Ordinance authorizing a 40-year ground lease with one 10-year automatic renewal term with the Corpus Christi Independent School District (CCISD) for Malibu Heights Park (5.502-acre) and the adjacent Carroll Woods Park (1.232-acre) in an amount of$1.00 annually and other good and valuable consideration, located in Council District 3, near the intersection of Tripoli Drive and Fresno Drive for the proposed expansion of a new Yeager Elementary School. (28-day delay and publication) (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033479 8. 24-1438 Zoning Case No. ZN8268, JAR Development, LLC (District 5). Ordinance rezoning a property at or near 7868 Yorktown Boulevard from the "RS-4.5" Single-Family 4.5 District to the "CN-2" Neighborhood Commercial District" providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval) (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033480 9. 24-1439 Zoning Case No. ZN8336, Shafinury Morteza (District 4). Ordinance rezoning a property at or near 2201 Rodd Field Road from the "ON" Neighborhood Office District to the "CG-2" General Commercial; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033481 10. 24-1440 Zoning Case No. ZN8359, Horizon Land Properties, LLC, (District 4). Ordinance rezoning a property at or near 601 Graham Road from the "RM-1" Multi-Family District to the "RS-4.5" Single-Family and "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) City of Corpus Christi Page 4 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 This Ordinance was passed on second reading on the consent agenda. Enactment No: 033482 11. 23-1961 Ordinance amending the lease with the Art Community Center of Corpus Christi, Inc. (Art Center) to expand the current premises from Cooper's Alley to Lomax Street, for construction of new facilities and capital projects with costs of the project to be borne solely by the Art Center, including maintenance of the parking lots, landscaping, and new facilities to the Art Center, including maintenance of the parking lots, landscaping, and new facilities to the Art Center; and providing for severance, publication, and an effective date. (6 votes required) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033483 Consent- Capital Projects 12. 24-1683 Motion awarding a construction contract to PM Construction & Rehab, LLC, Pasadena, Texas, for Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) FY2024 project in an amount not to exceed $9,000,000.00 for a one-year term, with two one-year renewal options to be administratively authorized for a total amount not to exceed $27,000,000.00, located Citywide, with FY 2025 funding available from the Wastewater Capital Fund. (6 votes required) This Motion was passed on the consent agenda. Enactment No: M2024-157 General Consent Items 13. 24-1580 Resolution authorizing the submission of a grant application for the FY 2024 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $186,309.00 for the Corpus Christi Police Department; and authorizing an Interlocal Agreement with Nueces County for the distribution of Justice Assistance Grant Program funds in the amount of $93,154.00 to Nueces County and $93,155.00 to the City of Corpus Christi should the grant be awarded. (6 votes required) This Resolution was passed on the consent agenda. Enactment No: 033484 14. 24-1592 Resolution authorizing the submission of a grant application to Flint Hills Resources for the 2024 Helping Heroes Grant Program in the amount of $4,000 to be used to support the Corpus Christi - Nueces County Local Emergency Planning Committee in purchasing 125 Shelter-in-Place kits. This Resolution was passed on the consent agenda. Enactment No: 033485 City of Corpus Christi Page 5 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 15. 24-1595 Resolution authorizing the submission of a grant application to The Coastal Bend Community Foundation for their 2024 Annual Grant in the amount of $7,500.00 for the purchase of approximately 840 smoke detectors and 120 carbon monoxide detectors for the Corpus Christi Fire Department's Fire Prevention Smoke and Carbon Monoxide Detector Program. This Resolution was passed on the consent agenda. Enactment No: 033486 16. 24-1711 Resolution authorizing the submission of an application to the American Society for the Prevention of Cruelty to Animals (ASPCA) for the FY 2024-2025 National Shelter Grants Initiative in the amount of$94,634.00 to replace a split system air conditioning unit for the cattery building and to repair all damaged kennel partitions in two of the five kennel buildings. (6 votes required) Mayor Guajardo referred to Item 16. Council Members and City Manager Peter Zanoni discussed the following topics: this is the first time the City has applied for this grant; and a Council Member commended staff for finding and applying for this grant. Mayor Guajardo 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 Absent: 1 - Council Member Hernandez Abstained: 0 Enactment No: 033487 17. 24-1515 Motion authorizing eight Corpus Christi B Corporation Small Business Assistance Agreements with the following entities for one year: LiftFund, Inc., Service Corps of Retired Executives (SCORE), Texas A&M University - Corpus Christi, and five with Del Mar College for a total amount not to exceed $1,076,700.00 to assist small businesses within the City of Corpus Christi to create jobs and investment. (6 votes required) Mayor Guajardo referred to Item 17. Council Member Klein asked to pull this item to abstain. Council Member Barrera moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: City of Corpus Christi Page 6 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 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 Abstained: 1 - Council Member Klein Enactment No: M2024-158 18. 24-1699 Motion authorizing "Veterans Memorial Parkway" as the honorary street name for Cimarron Boulevard, from Yorktown Boulevard to Saratoga Boulevard, and the installation of signs that bear the honorary street name. This Motion was passed on the consent agenda. Enactment No: M2024-159 Consent-First Reading Ordinances 19. 24-1619 Ordinance authorizing acceptance of a grant in an amount of$59,609.00 from the State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$24,719.82 and in-kind match of$6,960.00; transferring $24,719.82 from the General Fund to the Police Grants Fund; appropriating $84,328.82 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. (6 votes required) This Ordinance was passed on first reading on the consent agenda. 20. 24-1579 Ordinance authorizing the acceptance of a grant in the amount of$318,816.56 from the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a cash match of$61,624.14 and in-kind services of $18,080.00; and appropriating $318,816.56 in the Police Grants Fund; and authorizing five full-time employees. (6 votes required) This Ordinance was passed on first reading on the consent agenda. 21. 24-1516 Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non-profit corporation, to lease the Al Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of$2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. (6 votes required) Mayor Guajardo referred to Item 21. Council Members, Director of Parks and Recreation Robert Dodd, and Assistant Director of Finance and Procurement Josh Chronley discussed the following topics: the lease will become a source of revenue, which will go back into the tennis facility; and staff recommends hiring this group to manage the tennis facility based on their qualifications. City of Corpus Christi Page 7 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 Council Member Klein moved to approve the ordinance, seconded by Council Member Barrera. 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 Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:27 p.m. Executive Session Item 33 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:49 p.m. L. PUBLIC HEARINGS: (ITEMS 22 -25) 22. 24-0653 Ordinance annexing Clarkwood Estates subdivision, an 87.57-acre tract of land located at the northwest corner of Clarkwood Road (Farm to Market Highway (FM) 2292) and County Road (CR) 36 per owner petition; rezoning 84.71 acres from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; annexing an abutting 1.254-acre or 2,590-linear foot section of the CR 36 right-of-way per State law; providing for a penalty not to exceed $2,000 and publication, and approving the related service plan. (6 votes required) Mayor Guajardo referred to Item 22. Director of Planning & Community Development Dan McGinn presented information on the following topics: location; Clarkwood Estates Master Plan; and existing utilities. Council Members, Director McGinn, and Johnny Perales of J. Perales Civil Engineering & Planning Services discussed the following topics: all City services will be offered to these residents once annexed; concerns about drainage and flooding in this area; and whether funding is allocated for this road to meet specifications. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 8 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 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. 24-1573 Zoning Case No. ZN8435, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) Mayor Guajardo referred to Items 23-25. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Pusley moved to approve Items 23-25, seconded by Council Member Hunter. These Ordinances were passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 24. 24-1575 Zoning Case No. ZN8441, MPM Development, LLC. (District 1). Ordinance rezoning a property at or near 11202 Haven Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) See Item 23. A Council Member and Assistant Director of Development Services Michael Dice discussed the following topic: this development has met the UDC requirements. 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 25. 24-1688 One reading ordinance designating 127.72 acres within the jurisdiction of the City of Corpus Christi Page 9 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 City of Corpus Christi as a tax increment financing district to be known as "Tax Increment Reinvestment Zone No. 6, City of Corpus Christi, Texas," pursuant to petition by owners of Barisi Village properties; setting a maximum city financial participation and a maximum contribution; and establishing a board of directors for the reinvestment zone. (6 votes required) See Item 23. 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: 033488 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 26 - 31) 26. 24-1689 Resolution authorizing an Interlocal Agreement with Nueces County regarding contribution of increment to the Reinvestment Zone No. 6, City of Corpus Christi, Texas tax increment fund for the 20 year period ending December 31, 2044. (6 votes required) Mayor Guajardo referred to Item 26. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033489 27. 24-1680 Resolution directing the City's Planning Department to prepare a service plan for the annexation of properties in Industrial Districts No. 1, 2, and 4 in Nueces County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025; and authorizing an Agricultural Development Agreement with owners of ag-exempt property within Industrial Districts No. 1, 2, and 4. (6 votes required) Mayor Guajardo referred to Items 27 and 28. Mayor Guajardo opened public comment. City of Corpus Christi Page 10 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve Items 27-28, seconded by Council Member Pusley. These Resolutions were 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: 033490 28. 24-1681 Resolution directing the City's Planning Department to prepare a service plan for the annexation of properties in Industrial Districts No. 5, 6, 7, and 8 in San Patricio County that have not executed a new 15-year Industrial District Agreement effective January 1, 2025; and authorizing an Agricultural Development Agreement with owners of ag-exempt property within Industrial Districts No. 5, 6, 7, and 8. (6 votes required) See Item 27. 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: 033491 29. 24-1514 Ordinance authorizing an agreement between the Corpus Christi B Corporation (Type B) and Del Mar College Foundation Inc., for the equipment needed for five different programs for enhanced skills training effective upon signature of the City Manager or designee: appropriating funds in the amount of$1,897,870.00 from the Type B Economic Development Fund. (6 votes required) Mayor Guajardo referred to Item 29. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 11 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 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 30. 24-1337 One Reading Ordinance authorizing the issuance and sale of the City of Corpus Christi, Texas, Special Assessment Revenue Bonds, Series 2024 (Whitecap Public Improvement District No.1 Improvement Area #1 Project) in the amount of $20,700,000; approving the 2024 annual update to the service and assessment plan and assessment roll for Whitecap Public Improvement District No. 1; and approving and authorizing related agreements. (6 votes required) Mayor Guajardo referred to Item 30. 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 Hernandez. This Ordinance was passed on emergency 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: 033492 31. 24-1687 Motion authorizing a construction contract to Zachry Construction Corporation, San Antonio, Texas, for the Wesley Seale Dewatering System & Spillway Gates Rehabilitation project in an amount not to exceed $25,493,495.00, located outside the City limits, with FY 2025 funding available from the Water CIP Capital Funds. (6 votes required) Mayor Guajardo referred to Item 31. Director of Engineering Services Jeff Edmonds presented information on the following topics: Wesley Seale Dewatering System and Spillway Gates Rehabilitation. Council Members, Director Edmonds, and Water Resource Manager Esteban Ramos discussed the following topics: Zachry Construction built the Wesley E. Seale Dam; and all 60 gates have been opened after hurricanes and are all operational. Council Member Pusley moved to approve the motion, seconded by Council Member Suckley. This Motion was passed and approved with the following vote: City of Corpus Christi Page 12 Printed on 1011812024 City Council Meeting Minutes October 15, 2024 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: M2024-160 N. EXECUTIVE SESSION: (ITEMS 32 -33) 32. 24-1682 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 industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, 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, and authorizing preparation of service plans for areas to be considered for annexation. This E-Session Item was withdrawn. 33. 24-1739 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 construction contracts, including, but not limited to, progressive design build procedures and the legal status of the City's discussions with entities proposing on the City's Inner Harbor Desalination Plant Project and the legal status of discharge, water rights, and Corps of Engineers permits for desalination activities on or near Corpus Christi Bay, and other potential water sources and regulatory and financing matters related to the aforementioned matters This E-Session Item was discussed in executive session. O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 3:26 p.m. City of Corpus Christi Page 13 Printed on 1011812024 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, October 15, 2024 10:50 AM To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input: 10-15-2024 - Diana Cardenas Attachments: 6048165796228414409.pdf [ [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. ] ] Warning: Replies to this message will go to 0100019290df07b1-c8668dd2-78ab-43a7-a22c- 4b918fd3316c-000000@amazonses.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. iblic Comment& Input Form Date of Meeting 10-15-2024 Name Diana Cardenas Address Street Address: 10701 Rockwood City: Corpus Christi State/ Province:TX Postal/Zip Code: 78410 Are you a resident of Yes Corpus Christi? What district do you District 1 reside in? Topic Annexation of land at northwest dorner of County Rd 36 and FM 2292 Clarkwood Rd and annexation of part of CR 36 right of way Agenda Item Number #22 or 24-0653 Describe Feedback: The main road CR 36 into the 87.57-acre tract of land located at the northwest corner of County Road (CR) 36 and FM 2292/Clarkwood Road is dangerous to residents who live off CR 36. Many 18 wheelers speed down County Rd 36 --killing several adult dogs and a 2 month old puppy. Elderly people are afraid to walk to i the San Juan Park, afraid to be run over. A 35 mph speed limit needs to be required. Provide an email to receive a copy of your Prof90uni@gmail.com submission. 2 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of October 15, 2024 1852 DATE: October 15, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikemaa-cctexas.com 361-886-2603 Acceptance and appropriation of the Violence Against Women Act Grant for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of a grant in an amount of$59,609.00 from the State of Texas, Criminal Justice Division for Violence Against Women Program with a cash match of$24,719.82 and in-kind match of $6,960.00; transferring $24,719.82 from the General Fund to the Police Grants Fund; appropriating $84,328.82 into the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act. The grant provides funds to projects with the primary mission of reducing and preventing violence against women. BACKGROUND AND FINDINGS: The Violence Against Women Act (VAWA) grant continues to support the Family Violence Unit by utilizing civilians and volunteers to contact family violence victims when a written report is made by a sworn police officer. The grant provides funds for one civilian victim case manager to contact female victims who often fear retaliation and violence when the offender is released following arrest. The Case Manager provides information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager also serves to establish a working relationship between social agencies and the Corpus Christi Police Department (CCPD) to provide educational opportunities to the community through speaking engagements and the distribution of literature. The long-term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage cooperation with law enforcement, facilitate utilization of available resources, and assist with immediate and long-term safety needs of victims. The State of Texas provides $59,609.00 for the salary and benefits of one Victim Case Manager, equipment, supplies, training, and mileage. The Victim Case Manager also coordinates volunteer hours that contribute $6,960.00 in-kind contribution. The City contributes a cash match of $24,719.82 for training, travel, supplies and miscellaneous equipment. The grant period is October 1, 2024 through September 30, 2025.The City has received this grant for the past 25 years. Last year, the City received the same amount of$59,609.00 from this grant. ALTERNATIVES: The alternative is not to accept the grant; however, the funding for this grant allows case management for female victims of violent crimes. Without the grant funds, CCPD's activities to support violence against women would be limited. FISCAL IMPACT: The fiscal impact for FY 2025 is accepting and appropriating an amount of $59,609.00 to the Police Grants Fund. This item also will authorize a transfer and appropriation in an amount of $24,719.82 from the General Fund to the Police Grants Fund for the City cash match for a total appropriation in the Police Grants Fund of$$84,328.82. Funding Detail: Fund: 1020 & 1061 Organization/Activity: 1020-60035/1061-832024F Department: 29 Project # (CIP Only): N/A Account: 1020- 548590 Cash contribution - grant match 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 548120 Self Insurance Allocation Amount: $84,328.82 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance authorizing the acceptance of $59,609.00 from the State of Texas, Criminal Justice Division Violence Against Women Program with a cash match of$24,719.82 from the General Fund and an in-kind match of $6,960.00; and appropriating funds in the amount of $84,328.82 in the Police Grants Fund; and authorizing one full-time civilian employee as a Victim Case Manager. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of $59,609.00 from the State of Texas, Criminal Justice Division Violence Against Women Program to support the Family Violence Unit. SECTION 2. The City Council commits to provide for the applicable contribution of $24,719.82 from the General Fund to the Police Grants Fund and $6,960.00 of in-kind services. SECTION 3. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. Introduced and voted on the day of October, 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary E I Statement of Grant Award(SOGA) I f The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG). This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and`Budget/Details'tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code, and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded fiends;and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number: 1517126 Award Amount: $59,609.00 Date Awarded: 9/20/2024 Grantee Cash Match: $24,719.82 Grant Period: 10/01/2024-09/30/2025 Grantee In Kind Match: $6,960.00 Liquidation Date: 12/29/2025 Grantee GPI: $0.00 Program Fund: WF-Violence Against Women Formula Grants Total Project Cost: $91,288.82 Grantee Name: Corpus Christi, City of Project Title: Victim Assistance Program Grant Manager: Brandi Barba Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: 16.588 -Violence Against Women Formula Grants Federal Awarding U.S. Department of Justice, Office on Violence Against Women Agency: Federal Award 9/13/2024 Date: Federal/State 15JOVW-24-GG-00542-MUMU Award ID Number: Total Federal Award/State Funds $13,935,716.00 Appropriated: Pass Thru Entity Texas Office of the Governor—Criminal Justice Division(CJD) Name: Is the Award R&D: No so o N AGENDA MEMORANDUM NCORPOa I Action Item for the City Council Meeting of October 15, 2024 1852 DATE: October 15, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police Mikemaa-cctexas.com (361) 886-2603 Accepting and appropriating the Victims of Crime Act Grant within the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant in the amount of$318,816.56 from the State of Texas under the Victims of Crime Act for salaries and benefits for five civilian positions for the Corpus Christi Police Department's Victim Assistance Program, with a cash match of$61,624.14 and in-kind services of$18,080.00; and appropriating $318,816.56 in the Police Grants Fund; and authorizing five full-time employees. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, to continue the Victims Assistance Program within the Corpus Christi Police Department. The Victim Assistance Program provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The Victims of Crime Act (VOCA) Grant provides support for the Corpus Christ Police Department's (CCPD) Victim Assistance Program. The Program provides assistance to victims and family members who have experienced direct victimization. The goal of the program is to lessen the short- and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salaries and benefits for four Victim Case Managers, one receptionist, equipment, supplies, and training travel. The four case managers provide services to victims including information and referral, criminal justice support and case information, and assistance with filing for benefits available through the Crime Victims' Compensation which is under the Texas Crime Victims Compensation Act. Overall, the work of the case manager work includes informing victims of their rights as victims, advocating on victims' behalf with other agencies and within the criminal justice system, and providing program participants transportation to shelter or to court. Primary and secondary victims of crime are assisted to stabilize their lives after victimization and to help victims understand and participate in the criminal justice system. The Program also works to provide victims of crime with a measure of safety and security. The case managers work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State of Texas provides $318,816.56 for the salaries and benefits of four Victim Case Managers and one receptionist, and $61,624.14 as the City cash match for office supplies, postage, cellular phones, and training travel. Volunteer hours contribute$18,080.00 as the in-kind contribution. The funding is not on a declining percentage or ending funding cycle. The grant period will be October 1, 2024, through September 30, 2025. The City has received the grant for 25 years. Last year, the City received $367,441.52 from this grant. ALTERNATIVES: The alternative is not to accept the grant and discontinue the Victim Assistance Program, which will result in less services being provided to persons who have experienced direct victimization. FINANCIAL IMPACT: The fiscal impact for FY2025 is accepting and appropriating an amount of $318,816.56 to the Police Grants Fund. Funding Detail Fund 1061 Organ ization/Activity: 842025F Mission Element: 29 Project # (CIP Only): N/A Account: 510100 Salaries and Wages 511000 Retirement 513000 Group insurance benefits 513001 Other employee benefits 520090 Minor Tools 547010 Travel 548120 Self Insurance Allocation Amount: $318,816.56 Fund 1020 Organization/Activity: 11720 Mission Element: 29 Project # (CIP Only): N/A Account: 510100 Salaries and Wages 511000 Retirement 520900 Minor Tools 520120 Office Supplies 530200Telephone 547010 Travel Amount: $61,624.14 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Grant Award Ordinance authorizing the acceptance of a grant in the amount of $318,816.56 from the State of Texas, Criminal Justice Division for the Victims of Crime Act with City cash match of$61,624.14 and an in-kind match of$18,080.00 for the Corpus Christi Police Department's Victim Assistance Program; and appropriating $318,816.56 in the Police Grants Fund; and authorizing five full-time employees. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of $318,816.56 from the State of Texas, Criminal Justice Division for the Victims of Crime Act, authorizing five full-time employees. SECTION 2. The City Council commits to provide for the applicable contribution of $61 ,624.14 from the General Fund to the Police Grants Fund and an in-kind match of $18,080.00 for the Corpus Christi Police Department's Victim Assistance Program. SECTION 3. The City Council designates the Chief of Police as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. Introduced and voted on the day of October, 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants;and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 1522322 Award Amount: $318,816.56 Date Awarded: 9/3/2024 Grantee Cash Match: $61,624.14 Grant Period: 10/01/2024-09/30/2025 Grantee In Kind $18,080.00 Match: Liquidation Date: 12/29/2025 Grantee GPI: $0.00 Program Fund: VA-Victims of Crime Act Formula Grant Total Project Cost: $398,520.70 Program Grantee Name: Corpus Christi,City of Project Title: Victims of Crime Act Grant Manager: Shannon Wilson Unique Entity Identifier XETBTPKCL895 (UEI): CFDA: 16.575-Victims of Crime Act Formula Grant Program Federal Awarding U.S. Department of Justice,Office of Justice Programs,Office for Victims of Crime Agency: Federal Award Date: 8/23/2023 Federal/State Award ID 15POVC-23-GG-00468-ASSI Number: Total Federal Award/State Funds $118,442,780.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award This grant award provides funds from the Crime Victims Fund to enhance crime victim services in Description: the State.Victims of Crime Act(VOCA)assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims � S cl �o 0PH � AGENDA MEMORANDUM µCORPOO IY� First Reading Item for the City Council Meeting of October 15, 2024 1852 Second Reading Item for the City Council Meeting of October 22, 2024 DATE: October 15, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4(c-)cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance — Procurement Josh C2(a)cctexas.com (361) 826-3169 Al Kruse and HEB Tennis Centers Lease Agreement CAPTION: Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non-profit corporation, to lease the Al Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of $2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. (6 votes required) SUMMARY: The Al Kruse Tennis/Pickle Ball Center located at 502 King Street is currently managed/operated by the Elizondo Tennis Foundation (Operator)with a five-year Management Agreement term from March 1 , 2019 - October 31 , 2024. The HEB Tennis Center at 1520 Shely Street is currently managed/operated by Sweet Spot Tennis, LLC. Sweet Spot Tennis has had various agreements since 2018, and their current agreement also expires on October 31 , 2024. Parks and Recreation propose that both tennis centers be operated under one lease with one operator. The lease agreement entails that a portion of net revenue be allocated for maintenance, repairs, and potential future capital improvements at both tennis centers. The execution of this type of lease agreement bears responsibility to the Operator and creates a more self-sustaining operation; provides an avenue to achieve more revenue. BACKGROUND AND FINDINGS: The lease agreement outlines responsibilities between the Parks & Recreation Department and Elizondo Tennis such as maintenance/repairs, operating expenses, landscaping and staffing. Elizondo Tennis is responsible for the day-to-day operations and maintenance of each facility. They shall provide adequate staffing to provide goods and services. They will also be responsible for all operating expenses such as salaries/wages, equipment/cleaning supplies and costs of inventory purchased for sale in the Pro Shops and snack bars. During the term, the Operator shall also provide tennis/pickleball equipment, rental of tennis balls/pickleballs, and racket stringing services. For each facility, Elizondo Tennis will be responsible for minor facility repairs up to $1,000 per Exhibit C of the lease agreement. The City will be responsible for major facility repairs that exceed $1,000 as outlined in Exhibit C such as structural repairs (e.g. roof&foundation), building systems (e.g. plumbing, electrical & HVAC); repairs to parking lots, sidewalks, gates and signage. The lease agreement also stipulates responsibilities for facility utilities. For Al Kruse, the City will pay for electricity, telephone service, and water to include City trash service. For HEB Tennis Center, Elizondo Tennis will be responsible for dumpster rental/alarm services, pest control, and internet. For landscaping responsibilities, the lease agreement has defined maintenance boundaries for each facility per Exhibit A of the lease agreement. Parks and Recreation will be responsible for landscaping beyond 25 feet from the perimeter of HEB Tennis Center. For Al Kruse, Elizondo Tennis will have landscaping responsibilities for areas within the specified, chain-link fence surrounding the facility. The lease agreement allows for alcoholic beverages to be served/sold at each facility, year-round. Operator shall ensure compliance with all permits issued under the Texas Alcoholic Beverage Code, and rules and regulations issued by the Texas Alcoholic Beverage Commission regarding alcohol services and sales at the leased premises. The effective date of the lease agreement is upon final City Council approval. The table below details how rental payments will be calculated. ITEM DESCRIPTION QTY UNIT PERCENTAGE OF RENT REVENUE (MONTHLY MINIMUM 1 Percentage of Net Revenue 1 Year 15% $2,500 Year 1 2 Percentage of Net Revenue 1 Year 20% $2,625 Year 2 3 Percentage of Net Revenue 1 Year 25% $2,756.25 Year 3 Net revenues shall not include Pro Shop revenues or revenues from snack bar food and beverages. Net revenues shall include revenues derived from the sale of alcohol. The lease agreement also includes a reference to the "Parks & Recreation Tennis Center Contractor Compliance Policy & Procedure" which specifies tennis center review practices for facilities/programming and financial reviews for HEB and Al Kruse Tennis Centers respectively. Amendments to the City Tennis Fee Schedule are proposed and are included in the lease agreement as Exhibit D. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Qualifications (RFQ) process for Parks & Recreation for a combined lease agreement of the Al Kruse and HEB Tennis Centers. The RFQ process allows the City to ensure that firms interested in these services are qualified and have the work force to manage and conduct day-to-day operations for both facilities. The City received two statements of qualifications and is recommending award to Love Tennis & Education. The selection committee was comprised of representatives from Parks and Recreation and Executive Departments. Final evaluations ranked firms based on firm's experience, team experience and identification, and understanding of project scope. Ronald Elizondo of Love Tennis & Education currently maintains and manages the daily operations of the Al Kruse Tennis Center. Mr. Elizondo has proven his success at the Al Kruse Tennis Center through upgrades and maintenance to the grounds providing quality courts and establishing new programs for all age levels. During his evaluation process, Mr. Elizondo provided a detailed summary of programs he would implement and a management plan to successfully operate both the Al Kruse and HEB Tennis Centers. Parks & Recreation's management team and staff feel confident he would continue his success in managing both facilities and is recommending Love Tennis & Education for award. ALTERNATIVES: The Mayor and City Council may choose to disapprove the proposed lease agreement. Parks & Recreation would need to budget/recruit for additional staff to manage both facilities. FISCAL IMPACT: This is a revenue sharing lease agreement, therefore, there is no fiscal impact. RECOMMENDATION: Staff recommends approval of this ordinance authorizing the execution of a three-year lease agreement with two, one-year extension options as presented. LIST OF SUPPORTING DOCUMENTS: Lease Agreement Evaluation Matrix Presentation Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non-profit corporation, to lease the Al Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of$2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. (6 votes required) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Ordinance authorizing a three-year lease with Elizondo Tennis Foundation, a Texas non- profit corporation, to lease the Al Kruse Tennis Center and the HEB Tennis Center, with two one-year renewal options, in consideration for a monthly percentage of net revenue to the City of 15% in year one, 20% in year two, and 25% in year three, or minimum monthly rent payments of$2,500.00 in year one, $2,625.00 in year two, and $2,765.25 in year three, whichever is greater. Introduced and voted on the day of 2024. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RFQ NO. 6034 Al Kruse & HEB Tennis Centers Lease Agreement Senior Buyer: Tracy Garza Statement of Qualifications Due Date:August 20, 2024 Love Tennis& Proposal Evaluation Score Education Foundation Sweet Spot Tennis, LLC /Elizondo Tennis Foundation Corpus Christi,TX Corpus Christi,TX Minimum Qualifications Required five years in business/ i1 j No material lawsuits during last 5 yearsasjFif . No outstanding regulatory issues last 5 years Piss%Fil" References Provided for firm /1 '11 j j Minimum Qualifications Pass/Fail Pass Pass Local Preference(10 points) 10 10.0 10.0 Technical Proposal Firms' Experience (20 points) 20 16.0 13.7 Team Experience (20 points) 20 16.7 5.0 Understanding of Project Scope(20 points) 20 18.3 5.7 Subtotal Technical Proposal 60.0 51.0 24.3 Interview Firms' Experience (8 points) 8 7.7 5.0 Team's Identification (10 points) 10 9.3 0.7 Understanding of Project Scope(12 points) 12 10.3 3.3 Subtotal Interview 30.0 27.3 9.0 TotalScorej 1 88.3 43.3 LEASE AGREEMENT THE STATE OF TEXAS ' KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ' This Lease Agreement(referred to as this"Agreement" or this"Lease")is made and entered into by and between The City of Corpus Christi, a Texas home rule municipality (referred to as the "City" or as "City") and Elizondo Tennis Foundation ("Operator"), a Texas nonprofit organization. Definitions. "Annual Review"means the process as described in Section 6.17 below. "City"means the City of Corpus Christi, Texas. "City Manager"means the City Manager of Corpus Christi or designee. "Contract Administrator" means the Director of Parks and Recreation. "City Council"means the City Council of the City of Corpus Christi, Texas. "Extended Term" means the either of the one-year extension terms authorized in accordance with Section 3.2. "Financial Reports" mean the following monthly reports prepared by Operator for Contract Administrator: (i) monthly Sales Reports; (ii) monthly Play Sheets with itemized play record; (iii) monthly Deposit Summary, Reconciliation and Cash Drawer Reports; (iv) monthly Concession Reports; (v) monthly calculations of the Operations Reserve Fund; (vi)annual audited Balance Sheet, Statement of Profit and Loss and Changes in Financial Condition for the operations of the Facility prepared in accordance with GAAP; (vii) all calculations of rent paid. Operator shall also provide to City such other financial reports as are reasonably available as requested by the Contract Administrator. "GAAP" means Generally Accepted Accounting Principles. "Facilities"means the H-E-B Tennis Center and Al Kruse Tennis Center. "Net Revenues" shall have the definition laid out in Section 4.1 below. "Leased Premises"means the Facility, and any real property improvements located at the Facility, and personal property equipment as identified in Exhibit A. "Operating Expenses of the Facility" shall have the definition laid out in Section 4.2 below. "Operator"means Elizondo Tennis Foundation. "Performance Standards" mean the maintenance and operating standards to be employed at the Facility, listed on Exhibit B to this Agreement. "Rent" shall be calculated as laid out in Section 4.1 below. "Risk Manager" means the City Risk Manager. "Term"means the Initial Term or any Extended Term. "Trade Fixture"means personal property equipment owned by Operator or purchased solely with Operator's funds installed on the Leased Premises for operation of the Facility during the Term. Section 1. Leased Premises: For and in consideration of the conditions, covenants and agreements to be kept and performed by Operator, City does hereby lease and let unto Operator, and Operator does hereby lease from City all of that real and personal property equipment described on Exhibit A attached hereto and incorporated herein by reference located in Corpus Christi,Nueces County, Texas, (the "Leased Premises") commonly known as the Tennis Centers (the "Facilities"). Section 2. Term of Lease, Termination: 3.1 Initial Term. This Lease shall have an initial term of three years, effective upon final City Council approval, unless sooner terminated as set out in this Lease. 3.2 Extension Term. This Lease may be extended upon written agreement of the Operator for two additional one-year terms(each extension referred to as an"Extended Term")upon written approval of City Manager. Operator shall notify the City Manager in writing at least 180 days before the end of the Initial Term or Extended Term if Operator elects not to renew this Lease for the next Extended Term. 3.3 Termination for Default. The City may terminate this Lease, in accordance with Section 14 below, following an event of default by Operator as described in Section 14 below, without any cost to City. 3.4 Termination Without Cause. The City may terminate this Agreement at any time without cause upon 90 days prior written notice to Operator. 3.5 Duties and Responsibilities Upon Termination. In addition to any other duties and obligations identified in this Agreement, Operator shall have the following duties and responsibilities at the termination of this Lease, whether occurring by normal expiration or as otherwise herein provided: 3.5.1 Operator shall yield up the Leased Premises including all equipment that constitute part of the Leased Premises to City in good and operable condition and repair, damage for ordinary wear and tear, fire or casualty excepted where Operator is not at fault. 3.5.2 Operator shall make available to City any Trade Fixtures upon payment of market value for such Trade Fixtures. If City elects not to purchase Trade Fixtures, Operator may remove such Trade Fixtures from the Leased Premises provided Operator repairs any damage caused by such removal. 3.5.3 All Trade Fixtures or any other Operator-owned property which remain at the Leased Premises after the termination or expiration of the Agreement automatically becomes City property without the necessity of any further notice or legal action. Section 3. Rental: 4.1 Calculation of Rent. Operator shall pay to City for the Lease of the Leased Premises rent equal to 15% of the Net Revenue earned on the operations of the Facilities with Operator responsible for funding any negative cash flow each year or an annual minimum of $30,000 ($2,500 a month) in year one; 20% of the Net Revenue earned on the operations of the Facilities with Operator responsible for funding any negative cash flow each year or an annual minimum of $31,500 ($2,625 a month) in year two; and 25% of the Net Revenue earned on the operations of the Facilities with Operator responsible for funding any negative cash flow each year or an annual minimum of$33,075 ($2,76525 a month) in years three, four, and five (see table below). ITEM DESCRIPTION QTY UNIT PERCENTAGE OF REVENUE 1 Percentage of the Net Revenue 1 Year 15% —Year 1 2 Percentage of the Net Revenue 1 Year 20% —Year 2 3 Percentage of the Net Revenue 3 Year 25% —Year 3,4,&5 The term Net Revenue will mean the dollar amount of net revenues received by Operator from operations of all the Facilities, less (i) amounts collected from retail sales tax, federal retailer's excise tax, state, county, or municipal tax on the sale of alcoholic beverages or future tax of like applications, (ii)the Operations Reserve Fund, and(iii)operating expenses of the Facilities. Net revenues shall not include Pro Shop revenues or revenues from snack bar food and beverages. Net revenues shall include revenues derived from sale of alcohol. 4.2 Operating Expenses. Operator is responsible for paying all Operating Expenses of the Facility. "Operating Expenses of the Facilities" shall mean (i) salaries, wages, overtime and benefits expenses and reimbursed reasonable costs of travel and continuing education for the employees employed at the Facilities; (ii) building and equipment maintenance, lease and replacement expenses incurred, including lease or finance payments for office equipment, tools and equipment purchases in the ordinary course of business; (iii)customary memberships and dues expenses; (iv) insurance premiums paid; (v) costs of tennis balls, employee uniforms, fuel, lubricants and other supplies purchased in the ordinary course of business; (vi) costs of inventory purchased for sale in the Pro Shops; (vii)utility charges incurred including electric and telephone services; (viii) accounting services for preparation of financial reports and financial statements; and (ix) such other operating expenses that may be incurred. 4.3 Schedule of Rent Payment. Starting on Effective Date and continuing on the 10th day of each month during the Term, Operator shall pay the Rent [the percentage of Net Revenue for the previous month or in the amount of 1/12 of the annual minimum in accordance with Section 4.1 above]. Operator will provide,along with the payment, a statement of monthly Gross Revenue and monthly Net Revenue at the Facilities for the previous month. Section 4. Use of Premises: Operator shall use the Leased Premises only for business purposes as a municipal tennis center and for no other purpose without the prior written consent of City. Operator shall comply with all rules, regulations, ordinances, the City Charter, and laws of public authorities applicable to its operations of the Facilities and its obligations in connection with the Leased Premises. Operator will not discriminate nor permit discrimination against any person or group of persons with regard to employment and the provision of services at, on, or in the Leased Premises, 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.The City hereby reserves the right to take action necessary to enforce this covenant. Section 5. Operation of Facilities: 6.1 Operating Hours. Operator shall operate the Facilities 363 days of the year, except Christmas Day and Thanksgiving Day, with the minimum hours of operation as provided in Exhibit B.If Operator wishes to close the Facilities for any holidays or for other reasons, Operator must provide written notice to the Contract Administrator at least six weeks prior to the date of closing. Operator shall maintain the tennis courts, regularly pick up tennis balls, and clean the Facilities daily. Operation of the Facilities and the tennis courts are subject to weather conditions, and as determined by Operator, the Facilities or tennis courts may be closed in response to certain weather conditions, but the Pro Shop shall remain open during such minimum hours. Operator shall provide its operations manual and any amendments, additions, or deletions to the operations manual to the City Manager immediately upon adoption or amendment. 6.2 Approval of Changes to Operating Days and Operating Hours.After the first 12 months of the Initial Term, City Manager or designee has the authority to approve any changes to the operating days and operating hours without Council approval. Approval of any changes under this Section shall be made in writing and filed with the City Secretary's office. 6.3 Operations Activities. Operations of the Facilities includes the day-to-day tennis court maintenance, equipment maintenance, landscaping maintenance, pro shop operations, tennis professional services, retail operations and operation of the food and beverage sales at the snack bar. Performance standards including operations mission statement, customer satisfaction, maintenance of facilities, and maintenance of the tennis court conditions are as defined in Exhibit B. 6.4 Fee Structure. Fees shall be charged in accordance with the fee schedule approved by City Council. The current fee schedule is included as Exhibit D. Operator may propose changes to the fee schedule for Contract Administrator's review. If the Contract Administrator wishes to accept the proposed fee changes,he or she may present those changes to City Council for approval. Operator shall record all fees collected in Operator's point of sale accounting system, and shall maintain at the Leased Premises books of account with respect to its management and operations of the Facilities in accordance with generally accepted accounting principles ("GAAP"). Operator shall collect applicable sales taxes on the fees as required by State law. 6.5 Maintenance of Books and Records. All books and records of Operator shall be subject to review by the City Manager for compliance with GAAP. Operator shall maintain such books and records for a period of five years following the expiration or sooner termination of this Lease. 6.6 Audit. At City's option, City may cause, at any reasonable time, upon five days prior written notice to Operator, a complete audit to be made of Operator's books of account with respect to its management and operation of the Facilities. Such audit may be made by a Certified Public Accountant or other qualified representative selected by City. If any Operator reports of Gross Revenue provided to City or any payments of rent are questioned and determined to be in error and the Gross Revenue reported and resulting rental paid are three percent or more below the actual rent due and owing based on actual Gross Revenue for the period reported by such report, then the reasonable expenses of such audit shall be paid by Operator in addition to the deficiency in rental payment, which sums shall be promptly paid to City. If Operator elects to dispute any such City audit, Operator may engage an independent Certified Public Accountant or other qualified representative selected by Operator to a complete a second audit of Operator's books of account with respect to its management and operations of the Facilities. If Operator's audit determines there is no error or that the error in calculation of the Gross Revenue reported and resulting rental paid is less than three percent below the actual rent due for the period reported by such report, then upon either parties' written request, City and Operator shall negotiate in good faith to resolve such discrepancy and the costs of the audits by mutual agreement. 6.7 Financial Reports and Budget. Operator shall collect appropriate data and prepare the following financial reports of operations of the Facilities to be submitted to City Contract Administrator (the "Financial Reports"): (i) monthly Sales Reports; (ii) monthly Court Fees with itemized play record; (iii)monthly Deposit Summary, Reconciliation and Cash Drawer Reports; (iv) monthly Concession Reports; (v) monthly Play Reports; (vi) monthly calculations of the Operations Reserve Fund; (vii) annual audited Balance Sheet, Statement of Profit and Loss and Changes in Financial Condition for the operations of the Facilities prepared in accordance with GAAP; (vii) all calculations of rent paid. Operator shall also provide to City such other financial reports as are reasonably available as requested by the Contract Administrator. 6.8 At the Facilities, Operator shall provide a minimum of the following personnel: (i) one Manager or Director of Tennis/Pickleball Operations, (ii) a Teaching Professional or an Assistant Tennis/Pickleball Professional to provide tennis lessons who may also serve as the Manager or Director of Tennis/Pickleball Operations, and (iii) a Tennis/Pickleball Court Maintenance Superintendent. 6.9 Manager or Director of Tennis Operations. The Manager or Director of Tennis Operations shall meet the following minimum qualifications (i) advanced knowledge of tennis court operations and management practices, with experience and knowledge of financial accounting of tennis court operations,tennis play management and marketing, tennis merchandise marketing, and tennis facilities operations; (ii) a professional understanding of the rules and strategies of tennis; (iii) a high degree of administrative and executive ability; (iv) excellent oral and written communication skills; and (v) knowledge of current federal, state and local laws and regulations affecting the management of tennis court operations. 6.10 Teaching Professional or Assistant Tennis/Pickleball Professional. The Teaching Professional or Assistant shall meet the following minimum qualifications (i) advanced professional knowledge of mechanics of tennis/pickleball teaching techniques, with an advanced knowledge of tennis swing methods and practices; (ii) a professional understanding of the rules and strategies of tennis; (iii) advanced knowledge of available tennis equipment and accessories; (iv)excellent oral and written communication skills; (v)participation in continuing education, and (vi)maintain US Profession Tennis Association certification or possess equivalent knowledge and experience to a US Professional Tennis Association certified pro. 6.11 Tennis Court Maintenance Superintendent. The Tennis Court Maintenance Superintendent shall meet the follow minimum qualifications: (i) advanced knowledge of tennis court maintenance practices; (ii) a high degree of administrative and executive ability; (iii) excellent oral and written communication skills; (iv)knowledge of current federal, state and local laws and regulations affecting the management of tennis court operations; and (v)participation in continuing education. 6.12 Staffing. Operator's staff operations and services shall include providing adequate staffing to provide goods and services as set forth in this Lease and promoting goodwill with the tennis playing public by treating the public in a courteous manner and providing information, directions and review of customers concerns and issues. Operator shall provide a defibrillation machine and trained certified staff to use it. 6.13 Defibrillation machine. City shall provide a defibrillation machine and City's Risk Management shall train staff to use it. 6.14 Rules and Regulations. Operator shall enforce all rules, regulations, and policies governing use of the facilities. Rules and regulations may be proposed by the Operator, but are subject to approval by the City Manager, prior to implementation. The Operator shall likewise comply with City policies concerning violence in the workplace and controlled substance abuse. 6.15 Food and Beverage. Operator shall provide the food and beverage service operations for the Facilities. Operator shall insure the snack bars are open daily with regular hours approved by the City Manager and posted on site at the Facilities. The snack bar minimum hours shall be as laid out in Exhibit B. Operator shall develop and establish a food and beverage theme and a menu of food items and beverages to be served in the snack bar facilities on the Leased Premises that are usual and customary for similar tennis center operations and appropriate for the Facilities' operating market. The snack bars shall be cleaned daily, with adequate trash and recycle receptacles available. Operator is responsible for compliance with applicable laws and regulations with respect to the food and beverage service on the Leased Premises. 6.16 TABC Compliance. Alcoholic beverages may be served or sold at the Facilities. Operator shall ensure compliance with all permits issued under the Texas Alcoholic Beverage Code, the Texas Alcoholic Beverage Code, and rules and regulations issued by the Texas Alcoholic Beverage Commission regarding alcohol services and sales at the Leased Premises. Operator shall employ, train, and supervise personnel with appropriate qualifications and experience appropriate for the duties to be performed with regard to alcohol services and sales. All such personnel shall be employees, agents or independent contractors of Operator, and not of City. Operator may subcontract with third parties for the actual management of alcohol sales, but Operator shall remain obligated to City for all subcontracted management services, and in the event this Agreement is terminated, such subcontracts are likewise terminated. Operator shall provide City with copy of all subcontracts for alcohol services and sales within thirty days of execution. Operator shall timely collect and pay all taxes imposed on alcohol sales. 6.17 Pro Shop Inventory and Operations. As of the Possession Date,Operator has assumed from City the existing inventory of tennis merchandise and tennis equipment located in the Pro Shop at the Facilities based on the inventory valuation provided by City. During the Term, in connection with Facilities operations, Operator shall purchase and stock tennis merchandise and tennis equipment in the Pro Shop for sale to the public as determined by Operator. Operator shall ensure the Pro Shop at the Facilities is open daily with regular hours posted conspicuously and adequately on site at each Facilities. Operator shall also provide tennis equipment repair, rental of tennis balls, and racket stringing services. 6.18 Annual Review. Annually,representatives of Operator and the City Manager or City Manager's designee shall meet at the offices of the City or such other mutually acceptable location, to review the operations and performance of the Operator under this lease for the prior year (the "Annual Review"). Each Annual Review shall include a review of(i) the financial performance of the Facilities for the prior year as evidenced by the Financial Reports and other financial information either parry may elect to submit for review; (ii) the operations of the Facilities including the Gross Revenue, fees, food and beverage operations, rules and regulations for the Facilities,and court conditions at the Facilities; (iii)Operator's performance under the Performance Standards and review of customer satisfaction surveys from patrons of the Facilities; (iv) any proposed capital improvement projects, and (v) any other information deemed material to operation of the Facilities. Section 6. Care of Lease Premises: 7.1 Maintenance and Repairs. Exhibit C outlines the responsibility of the Operator and City, attached hereto and incorporated herein by reference. Additionally, Operator shall maintain the Leased Premises in good clean condition. Operator shall be responsible for repairs and maintenance of the Leased Premises,with costs of such repairs and maintenance to be included as Operating Expenses of the Facilities. Operator shall maintain the Facilities area in a clean, well- kept and orderly manner, ordinary wear and tear excepted, and shall provide such personnel, cleaning supplies, equipment, and consumable supplies as are necessary for this purpose. Operator shall cause public spaces to be vacuumed and cleaned daily. Windows and glass surfaces and all entry doors to be cleaned monthly or sooner as needed. Restrooms to be cleaned prior to business each morning and during the day as needed. Carpet cleaning shall be completed a minimum of twice yearly. Operator shall be responsible for the repair and maintenance of light fixtures as needed. Operator shall be responsible for regular maintenance and cleaning, as well as repairs and replacement, of all equipment at Leased Premises. Operator shall be responsible for annual exterior cleaning of building walls, doors and windows, and light fixtures. 7.2 Advertising Signage on Leased Premises. Operator shall not install additional signs or other advertising devices on the Leased Premises without City's prior written approval. The expense of installation, operation or removal of all such signs shall be paid by Operator as an expense of operations of the Facilities. Operator shall comply with applicable City ordinances related to signage. 7.3 Maintenance Operations. Operator shall be responsible for the upkeep and maintenance of all playing areas of the Facilities in accordance with the standards set forth in the Performance Standards, except for capital projects and expenditures, that shall be performed on a regular basis to assure well maintained tennis courts that are available for play by the general public. Any changes to the maintenance provisions of the Performance Standards shall be subject to the approval of the Contract Administrator. 7.4 Naming of facilities on Leased Premises. Any naming of any Facilities on Leased Premises requires prior approval of the City Council. 7.5 Alterations or Improvements to Leased Premises. Operator shall not remove any improvements,nor make any alternations or additions to the building improvements located on the Leased Premises, nor perform any construction at the Leased Premises, without the prior written consent of the Director, and any such additions, changes and alterations made by Operator shall become and remain the property of City at the termination of this Lease. Any additions, changes and alterations made by improvements or any construction at Leased Premises by Operator must be agreed to by the City and approved in advance in writing executed by the Director and are subject to Operator's compliance with bonding requirements of Chapter 2253, Texas Government Code,as may be amended,and to compliance with all insurance requirements provide by the City's Risk Manager. 7.6 Surrender of Leased Premises. Operator acknowledges and understands that the City's agreement to lease the Leased Premises to Operator is expressly conditioned on the understanding that the Leased Premises must be surrendered, upon the expiration,termination, or cancellation of the Term of this Lease, in as good a condition as received, reasonable use and wear and tear, acts of God, fire and flood damage or destruction where such damage in not Operator's fault excepted. Section 7. Trade Fixtures: Operator shall be permitted to install Trade Fixtures on the Leased Premises, and all such Trade Fixtures owned by Operator and not permanently attached to the Leased Premises may be removed by Operator at the end of the Term, provided that any damage to the Leased Premises caused by such removal shall be repaired by and at the expense of Operator at or prior to the expiration of the Term. Section 8. Insurance: 9.1 Insurance Coverage. During the Term, Operator shall maintain a policy or policies of insurance providing for the following insurance coverage: (i) broad commercial general liability insurance providing personal injury and property damage liability coverage with respect to the Leased Premises and the business conducted thereon, (ii) physical damage coverage for tennis court maintenance equipment, (iii)business automobile liability—owned,non-owned and rented, (iv) alcoholic beverage liability in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served, (v) crime and fidelity coverage, (vi) worker's compensation and (vii) employer's liability all in accordance with the provisions described on Exhibit E, attached hereto and incorporated by reference. Such insurance policy or policies shall name Operator as named insured and City as additional insured for auto and general liability coverage. For worker's compensation and employer's liability, Operator shall provide a waiver of subrogation in favor of the City. Prior to any addition or alteration to any building or real estate improvements located on the Leased Premises, Operator shall obtain prior clearance in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Operator or City. This clearance is in addition to the prior consent required by Section 7.5 of this Lease. 9.2 Form of Policies. The foregoing policies of insurance shall be in form and written by insurers be issued by insurance companies reasonably acceptable to the Risk Manager for the City (the "Risk Manager") which acceptance shall not be unreasonably withheld, and shall meet the requirements of Exhibit E. The Risk Manager shall be furnished two (2) copies of certificates of such insurance policies for the benefit of the City prior to the Possession Date. The certificate of insurance shall provide that the City shall have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. Upon written request of the City Manager, Operator shall provide copies of all required insurance policies to the Risk Manager. City and Operator acknowledge that over the Term it is probable that there will be changes in the insurance industry or the commercial real estate industry. Accordingly, City and Operator agree that if, during the Term, if the amount of insurance customarily maintained for tennis center businesses similar to those then conducted from the Leased Premises increases,then the Risk Manager retains the right at the Annual Review to modify the amount and types of insurance maintained by Operator, and to require increased coverage limits, as commercially reasonable and as necessary in the interest of public health, safety, or welfare, and to decrease the required coverage, if so warranted. In the event of any necessary increase, City must provide Operator no less than sixty (60) days written notice to obtain the increased coverage prior to the effective date of the requirement. 9.3 City Insurance. During the Term, City shall secure and cause to be maintained in effect, as part of and included with the City's blanket coverage of City real property improvements, a policy or policies of property insurance covering the real property improvements and fixtures of the Leased Premises, subject to applicable deductibles. Section 10. Indemnification: In consideration of allowing Operator to occupy the Leased Premises, Operator("Indemnitor") shall fully indemnify, defend, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (i) Operator's performance under this Lease; (ii) Operator's occupancy of the Leased Premises and any and all activities associated with the Operator's use of the Leased Premises under this Lease; (iii) the violation by Operator, its officers, employees, agents, contractors, subcontractors or representatives of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (iv) the exercise of rights under this Lease; or(v) an act or omission on the part of Operator, its officers, employees, agents, contractors, subcontractors or representatives pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys'fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Operator covenants and agrees that, if any of the Indemnitees is made a party to any litigation against Operator or in any litigation commenced by any party, other than Operator relating to this Lease, Operator shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend any of the Indemnitees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. Section 11. Assignment and Subleasing: 11.1 Assignment by Operator. Neither party may assign this Agreement without the prior written approval of the other party. City Council approval is required for the assignment of the Lease by Operator. Any such approved assignment shall not relieve Operator or Operator's authorized assignees from liability under this Lease. 11.2 Subleases. Operator shall not sublease all or any part of the Leased Premises without prior written approval of the City Manager. 11.3 Mortgages. Operator shall not mortgage, encumber or pledge the leasehold interest under this Lease. Operator may not incur debts or obligations on the credit of the City. 11.4 Approvals by City. The approval by City or the City Manager of any of the acts specified in this section shall not be unreasonably withheld and shall not relieve Operator or Operator's authorized assignee,transferee or sublessee from liability under this Lease. 11.5 Corpus Christi Tennis Association (CCTA). Operator shall allow CCTA to maintain an office on Leased Premises. Operator is allowed to negotiate a sublease with CCTA, subject to final approval by Director. Section 12. Repairs and Operator improvements: 12.1 Repairs in Ordinary Course.As mentioned in Section 7, Operator shall be responsible for repairs and maintenance of the Leased Premises, with costs of such repairs to be included as Operating Expenses of the Facilities. However, subject to appropriation of funds, in the case of ordinary wear and tear to improvements, City may choose to make general repairs and replacement, at its expense, any damage to the buildings and other real property improvements and fixtures (other than those caused by the Operator, agent or employee). 12.2 Operator Caused Repairs. All costs of repairs and replacements with respect to the buildings attributable to the negligence of Operator, his agents or employees shall be borne by Operator. 12.3 Operating Expenses. Operator agrees to pay any and all expenses of operation of the Leased Premises, it being the sense and intention of this Lease that the amounts payable to City hereunder as rent shall be absolutely net to the City,without diminution by reason of any expense of operation of the Leased Premises. HVAC. City shall be solely responsible for all HVAC operation,maintenance, repair, and replacement. Operator shall inform the City immediately in writing, but no more than 48 hours, of any repair or maintenance required for HVAC. JANITORIAL SERVICE. Operator shall be solely responsible for all janitorial services in the Leased Premises. ELEVATOR(if applicable). Operator shall be solely responsible for all elevator expense, including without limitation, State inspections, maintenance, repair and replacement of same, if any located within the Leased Premises. UTILITY EXPENSE. Operator shall have the entire responsibility to contract for and maintain trash services for the HEB Tennis Center, intereet services, and alarm and security services. Operator shall not in any event be relieved of any of Operator's obligations under this Lease by reason of Operator failure or inability to contract for or maintain any such service. City shall be responsible for trash services for Al Kruse Tennis Center, water, gas, heat, electricity, sewage, and stormwater for Leased Premises during the term of this Lease. LANDSCAPING. Operator shall be solely responsible for all landscaping up to 25 feet from the building. Operator shall not be responsible for landscaping beyond the 25 ft from the perimeter of the building. Park and Recreation will be responsible for those areas not assigned to the Operator. 12.4 CONDITION OF PREMISES. The Leased Premises shall be delivered to Operator in an "AS IS", "WHERE IS", and "WITH ALL FAULTS" condition and The City shall have no obligation whatsoever to alter,remodel, improve,repair, decorate, or paint the Leased Premises or any part thereof either prior to or during the Lease Term. THE CITY SHALL NOT BE LIABLE TO OPERATOR OR ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, CONTRACTORS, SERVANTS, OR INVITEES FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY DUE TO THE CONDITION OR DESIGN OF, OR ANY DEFECT IN THE BUILDING OR ITS MECHANICAL SYSTEMS AND EQUIPMENT WHICH MAY EXIST OR OCCUR, AND OPERATOR FOR ITSELF AND ITS AGENTS, EMPLOYEES, LICENSEES, SERVANTS, AND INVITEES EXPRESSLY ASSUMES ALL RISKS OF INJURY OR DAMAGE TO PERSONS, EITHER PROXIMATE OR REMOTE, RESULTING FROM THE CONDITION OF THE LEASED PREMISES, THE BUILDING OR THE COMPLEX. 12.5 REPAIRS BY OPERATOR. Operator shall, at all times during the Lease Term and at Operator's sole cost and expense, keep the Leased Premises and every part thereof(including all landscaping that Operator is required to maintain)in good condition and repair. Operator shall be responsible for repairs up to $1,000 per repair or replacement of any damage or injury to the Leased Premises or the Complex or any part thereof, caused by Operator or Operators agents, contractors, employees, invitees, or visitors. City agrees to be responsible for any repair that exceeds $1,000. Notwithstanding the foregoing, Operator shall not be required to replace any Systems to the extent that the useful life of the replacement System would exceed the remaining term of this Lease, without regard to renewal options. Operator understands that any repairs or maintenance paid by City is subject to Section 19.10 below. 12.6 ALTERATIONS AND ADDITIONS. All alterations, improvements, additions or changes made by Operator to the Leased Premises shall be subject to the prior written approval of The City, which approval shall not be unreasonably withheld, and shall (i) be made at Operator's sole cost, expense and risk; (ii)be performed in a prompt, good, and workmanlike manner; (iii)be constructed in accordance with all applicable laws, rules, regulations, and other codes and governmental and insurance requirements; (iv)not alter the exterior appearance , the public areas, corridors, or common areas of the Building, except as expressly permitted hereunder; and (v) be performed by a contractor or contractors approved by The City. Any and all such alterations, physical additions, improvements and changes, when made to the Leased Premises as permitted hereunder by Operator, shall at once become the property of The City and shall be surrendered to The City upon termination of this Lease, subject, however, to the provisions of Section 4.2 below. Operator shall not make any structural alterations or any changes to the building systems, including electrical and plumbing systems (other than as necessary to provide such services to the Leased Premises and only after approval thereof by The City),without the prior written consent of The City, which consent shall not be unreasonably withheld. Operator shall deliver to The City prior to commencing any work copies of all plans and specifications for all alterations or improvements to be made to the Leased Premises. 12.7 LEASEHOLD IMPROVEMENTS AND TRADE FIXTURES. Subject to the other provisions of this Lease,The City and Operator agree that all Trade Fixtures installed in the Leased Premises shall be and remain the property of Operator and may be removed by Operator, and shall be so removed if required by The City,upon the expiration of the Lease Term;provided,however, (i) if such Trade Fixtures are not so removed they shall, at the option of The City, become the property of The City or shall be removed by The City at Operator's sole cost and expense; and (ii) that if any such Trade Fixture is affixed to the Leased Premises and therefore requires severance therefrom, such severance may be effected only if Operator repairs any damage to the Building, the Leased Premises, its demising walls, and other structural elements of the Building caused by such removal. Any such removal and restoration shall be accomplished within fifteen (15) days following the expiration or earlier termination of this Lease and in a good and workmanlike manner so as not to damage the Building or any improvements situated therein. The term "Trade Fixtures" as used herein shall mean any and all items of personal property used and installed by Operator in the Leased Premises, limited to telephone systems, furniture, equipment, and fixtures, and any and all signs placed by Operator pursuant to provisions hereof. The term "Trade Fixtures" shall not include any permanent leasehold improvements other than those described in the preceding sentence (all of which permanent leasehold improvements, as between The City and Operator, shall become the property of The City upon the incorporation in or affixation to the Leased Premises), including but not limited to any floor, wall, window, or ceiling coverings, any interior walls or partitions, any built-in bookcases or raised floors, any lighting fixtures, or any property a part of or associated with any electrical,plumbing or mechanical system,notwithstanding that the same may have been installed within the Leased Premises by Operator. All items which become incorporated in or permanently affixed to the Leased Premises shall become the property of The City upon their incorporation or affixation and, at the option of The City, may be removed by The City at Operator's sole cost and expense. All such other items shall be surrendered by Operator coincident with its surrender of the Leased Premises, and Operator shall have no (and hereby waives all) rights to any payment or compensation for such items. 12.8 Capital improvements or additions to buildings by Operator must be approved in advance by the City Manager, and subject to Operator's compliance with bonding requirements of Chapter 2253, Texas Government Code, as may be amended, and subject to compliance with insurance requirements of Risk Manager. Ownership thereof shall revert to the City upon termination of this Lease. Section 13. Destruction of Leased Premises: 13.1 Casualty Losses. If a building or other improvements of Leased Premises are damaged by fire,windstorm,flooding,hurricane, or other casualty during the Term,Operator shall give prompt notice thereof to City,and unless Operator elects to terminate this Lease in such notice as a result of such casualty loss, City may reconstruct and repair the Leased Premises to at least substantially the same condition as existed prior to such casualty with reasonable due diligence, subject to appropriation of funds for such purpose by the City Council or receipt of applicable insurance payments. City shall use, and Operator shall provide, consulting services to City in connection with any such reconstruction and repair to the Leased Premises. Operator shall be relieved of the obligation to pay rent during the period Leased Premises are not in use by Operator due to such destruction of Leased Premises. 13.2 No Repairs. In the event City elects not to complete such reconstruction and repair of such damage caused by casualty described in Section 13.1 or fails to complete the reconstruction and repair with reasonable due diligence, either parry shall have the right to terminate this lease pursuant to this section. If City has received insurance proceeds for the full and replacement value of the building or other improvement for reconstruction and repair of such damage caused by such a casualty and elects not to complete such reconstruction and repair, then a termination as a result of City's election or failure to reconstruct or repair shall be deemed a termination without cause by the City as described in Section 3.4. Also, any such termination shall be effective as of the date upon which such damage or destruction occurred if business has not been conducted in the damaged improvement on the Leased Premises after such date. Section 14. Operator or City Default: 14.1 Operator Default.Any of the following events shall be an event of default by Operator under this Lease: (i) if Operator shall fail to pay any installment of the Rent or other sum of money due under this Lease when due; (ii) if Operator shall abandon or vacate the Leased Premises; (iii)if Operator shall fail to comply with any term,provision, obligation or covenant of this Lease (and shall not cure or correct such failure within 14 days after written notice of such failure from City to Operator); or(iv)if any proceedings shall be commenced to declare Operator as bankrupt or insolvent,reduce or modify its debts or obligations or to delay the payment thereof, or if any assignment of its property be made for the benefit of creditors, or if a receiver or trustee be appointed for it or its property or business,then,to the extent permitted by applicable law, City may treat the occurrence of any one or more of the foregoing events as an event of default by Operator. 14.2 Termination Upon Default. If any event of default by Operator shall have occurred, City shall have the right, without further notice or demand of any kind to Operator or any other parry, to terminate this Lease and repossess the Leased Premises and shall be entitled to recover as damages a sum of money equal to the total of(i) the reasonable cost of recovering the Leased Premises, and (ii) the unpaid Rent and other sums due at the rate herein provided, and to pursue any other rights or remedies provided herein or at law or in equity. 14.3 City Default. In the event City defaults under any provision of this Lease, Operator agrees to give City written notice of such default and 30 days to cure such default prior to pursuing remedies against City. However,non-appropriation of funds for any purpose shall not be deemed to be an event of City default with respect to any payment or expenditure obligation of the City. If any event of default by City shall have occurred and not been cured in such time frame, Operator shall have the right, without further notice or demand of any kind to City or any other parry, to terminate this Lease. Upon such a termination due to City's default, Operator shall be entitled to pursue any other rights or remedies provided herein or at law or in equity. Section 15. Force Majeure: Neither City or Operator shall be liable for delays or failures in performance due to an event of force majeure that is beyond such parry's reasonable control including,without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Operator shall inform the City in writing of an event of force majeure within five (5)business days or otherwise waive this right as a defense. Section 16. Relationship of Parties: This Lease establishes the City/Operator relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease,both the City and Operator shall act in an individual capacity as independent contractors, and not as agents, representatives, employees, employers, partners, 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. Section 17. Mechanic's Lien: Operator shall not permit any mechanic's,materialman's or similar liens to remain upon the Leased Premises for labor or material furnished to Operator or claimed to have been furnished to Operator in connection with work of any character performed or claimed to have been performed on the Leased Premises or at the direction of or with the consent of Operator. Operator shall keep the Leased Premises free from any liens arising from any work performed, materials furnished, or obligations incurred by or at the request of the Operator. All persons either contracting with Operator or furnishing or rendering labor and material s to Operator shall be notified in writing by Operator that they must look only to Operator for payment for such labor and materials. Nothing contained in this Lease shall be construed as The City 's consent to any contractor, subcontractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration, or repair of, or to,the Leased Premises, nor as giving Operator any right to contract for, or permit the performance of, any services or the furnishing of any materials that would result in any liens against the Leased Premises. If any lien is filed against the Leased Premises or Operator's leasehold interest therein, Operator shall discharge same within twenty(20)days after its filing. If Operator fails to discharge such lien within such period, then, in addition to any other right or remedy of The City, The City may, at its election, discharge the lien by either paying the amount claimed to be due or obtaining the discharge by deposit with a court or a title company or by bonding. Operator shall pay on demand any amount paid by The City for the discharge or satisfaction of any lien, and all reasonable attorney's fees and other legal expenses of The City together with all necessary disbursement s in connection therewith. Notwithstanding the foregoing, Operator may contest the amount or validity of any such lien,provided that Operator first posts with The City an indemnity bond issued by a corporate surety reasonably satisfactory to The City in an amount equal to the amount of the lien claim plus a sufficient amount to cover any penalties, interest, attorney 's fees, court costs and other legal expenses resulting from such contest. This bond shall name The City and such other parties as The City may direct as obligees thereunder. Section 18. City's Right of Access to and Use of the Leased Premises for Utility or Other Construction Work: Operator acknowledges that there are City utility lines located on or under the Leased Premises. City reserves the right to excavate at the Leased Premises as necessary to repair,replace or maintain such utility lines. Additionally, Operator acknowledges that City may occasionally undertake additional utility or other construction projects which may require City or its contractor to have access to, on, in, above, across, through or under the Leased Premises. City reserves the right to access and construct upon the Leased Premises for City utility or construction project when deemed necessary by the City Manager. In connection with any such access, excavation or construction, City and Operator will cooperate in good faith in planning the timing, location and extent of such activities so as to minimize, to the extent reasonably possible, the adverse effect of such activities on the operations of the Facilities. City is not responsible to Operator for any damages or loss of revenues which may occur during City construction or utility work on Leased Premises. Section 19. Miscellaneous: 19.1 Utility Charges. All utilities serving the Leased Premises shall be paid by Operator prior to delinquency. 19.2 Successors. All rights and liabilities herein given or imposed upon the respective parties shall extend to and bind the respective successors and assigns of such parties. 19.3 Right of Inspection by City. City, acting through any authorized employee of the City, shall have the right to enter upon the Leased Premises at all reasonable hours for the purpose of inspecting the Leased Premises. Such entrance by City shall never be deemed or held to be an ejection or disposition of Operator, and City shall incur no liability by reason thereof. Operator shall provide the Contract Administrator with keys to the Leased Premises, and a current list of names and phone numbers, for use by the Contract Administrator, in the event of an emergency at the Leased Premises. The Contract Administrator or his authorized designee has the right to enter the Leased Premises during the regular hours of normal operation or at any time in the event of an emergency. 19.4 Construction of Lease and Venue. In the event any provision of this Lease shall be held to be invalid or unenforceable, such holding shall not be deemed to affect the validity and enforceability of the remainder of this Lease, or of the same provision as applied to other persons or circumstances. This Lease shall be construed with the express intention of the parties to it that it shall be valid and enforceable in every respect to the extent permitted by law. By agreement of the parties, any ambiguities in the Lease shall not be construed against the drafter. This Lease is only for the benefit of the City, the Indemnitees and Operator, and no third party has any rights or claims under this Lease or against the City. This Lease shall be interpreted according to the Texas laws which govern the interpretation of contracts, and venue lies in Nueces County,Texas, where this Lease was entered into and shall be performed. 19.5 Notice and Contract Administrator. Any notice, request, demand, or other communication which, under the terms of this Lease or under any statute or other law, must or may be given or made by the parties to this Lease, shall be in writing, shall be directed to the contract administrator designated below on behalf of the City, and to Ronald Elizondo, on behalf of the Operator. Such notices shall be sent by hand delivery, established overnight courier service or United States mail, registered or certified mail, postage prepaid, return receipt requested, to the following address of the party to receive notice or such other addresses as may hereafter be designated in writing from time to time by the parties hereto in the manner provided in this paragraph. Any such notice shall be deemed received when actually received as evidenced by written receipt or three days after deposit with the United States mail in accordance with this paragraph. The contract administrator for the City shall be the City Director of Parks and Recreation. The contract administrator for the Operator shall be Ronald Elizondo. Notice to the City shall be sent to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 With copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street Corpus Christi, Texas 78401 With copy to: City of Corpus Christi Attn: City Manager 1201 Leopard Street Corpus Christi, Texas 78401 Notice to the Operator shall be sent to: HEB Tennis Center Attn: Ronald Elizondo 152 Shely Street Corpus Christi, Texas 78404 19.6 Waiver. No provision of this Agreement may be waived orally. The waiver by either party to this Lease of any breach of or default under any provision of this Lease shall not be deemed to be a waiver of such provision or of any rights as to any subsequent breach or default thereof. The subsequent acceptance of any rental or sums hereunder by City from Operator shall not be deemed to be a waiver of any preceding breach by Operator of any provision of this Lease (other than the failure of Operator to pay the particular rental or sum so accepted). The partial performance of any of City's covenants shall not be deemed to be a waiver of any preceding breach or default by City of any provision of this Lease. No provision of this Lease shall be deemed to have been waived by any party hereto unless such waiver is in writing and signed by the party charged with such waiver. 19.7 Amendments. No subsequent alteration, amendment, change, deletion, or addition to this Lease shall be binding upon City or Operator unless in writing and signed by authorized representatives of both City and Operator. 19.8 Compliance with Laws. Operator must comply with all applicable laws,regulations, and ordinances of the City, State and Federal governments. 19.9 Contract Documents. The fully executed Lease Agreement and the Operator's proposal shall constitute the contract documents and are incorporated herein by reference. In case of a conflict in any of the terms of the contract documents, first precedence shall be given to the fully executed Lease Agreement and second precedence shall be given to the Operator's proposal. 19.10 Fiscal Funding and Non-Appropriation. City's payment obligations under this Lease are subject to City's annual budget process. Notwithstanding anything to the contrary herein,the City's obligation to make any payment or expenditure under this Agreement is expressly contingent upon the availability of City funding for each payment item and obligation of the City contained herein. Operator shall have no right of action against the City as regards this Agreement, in the event that the City is unable to fulfill its payment obligations under this Agreement as a result of the lack of sufficient funding. Section 20. Acknowledgement: The parties expressly agree that they have each independently read and understood this Lease. By Operator's execution of this Lease, Operator acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. Signatures on next page. EXECUTED by the authorized representative of the parties. OPERATOR: OPERATOR NAME By: , President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2024, by , as President of , on behalf of such company. Notary Public, State of Texas CITY OF CORPUS CHRISTI ATTEST: By: By: Rebecca Huerta Robert Dodd City Secretary Director of Parks and Recreation THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2024,by Robert Dodd, Director of Parks and Recreation, for the City Of Corpus Christi, a Texas home-rule municipality, on behalf of the municipality. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2024 BY: Assistant City Attorney For Miles Risley, City Attorney EXHIBIT A DESCRIPTION OF PROPERTY HEB TENNIS CENTER SITE MAP The Contractor is responsible for all landscaping and trash pickup within the perimeter boundaries. Perimeter Boundaries are outlined in yellow. r l� M AL KRUSE TENNIS CENTER SITE MAP Contractor is responsible for all landscaping within the perimeter boundaries. Contractor will also be responsible for picking up all trash located in both designated parking lots. Perimeter Boundaries are out lined in red. n W. yy 5 EXHIBIT B PERFORMANCE STANDARDS Tennis Centers Facility Inspection Form Tennis Facility date Employee on Site City Staff's Name Yes No 1 Is the pro-shop clean and free of trash and debris? M 2 Are the days and hours of operation clearly visible on the door or window? M 3 Is information about programs/tournament/clinics offered clearly displayed? 4 Are the fire extinguishers and First Aid Kits current on inspections and read ilyaccessible? 5 Have the AC/Heating filters been cleaned a changed? 6 Is the staff's appearance clean/appropriate for a tennis center? 7 Are storage areas organized and maintained? 8 Are Restrooms clean and properly stocked'? 9 Are locker rooms clean and in sanitary condition? 10 Is there a fire evacuation plan posted in a conspicuous location? a 11 Are the courts free of debris? 12 Are the benches in good condition and available to every court? 13 Are the windscreens in good condition and secured to the fence? 14 Are the nets and center straps all in good playable condition? 15 Is a backboard available to the public and In good condition? 16 Is the grass mowed and properly edged? a 17 Are the trees trimmed in accordance to City Standards? Notes- Each question is worth 1 pt.Add up all boxes checked yes and divide by the total number of questions. SORE 17 GRADE Tennis Centers Programming Form Tennis Facility Date Employee on Site Oty Staffs Name 1 2 3 4 1 Does the tennis center offer tennis Open Play to the public? 2 Does the tennis center offer tennis lessons? 3 Does the tennis center offer tennis leagues? ❑ ❑ ❑ ❑ 4 Does the tennis center offer tennis tournaments? 1:1 E] 5 Annual revenue generated at the facility? ® E] Notes- SCORE I 20 GRADE Grading Scale Pts Does the tennis center offer tennis Open Play to the public? '1 Less than 500open court fees reported,(number of players not revenue generated) 2 500-999 open court fees reported,(number of players not revenue generated) 3 1.000-1,500 open court fees reported,(number of players not revenue generated) 4 More than 1,500 open court fees reported,(number of players not revenue generated) Pt5 Does the tennis center offer tennis lessons? 1 Generated less than $25,000.00 in revenue from lessons 2 Generated$25,000.00-549,999.99 in revenue from lessons 3 Generated$50,000-00-$99,939.99 in seven ue frorn lessons 4 Generated more than$100,000.00 in revenue from lessons Pts Does the tennis center offer tennis leagues? 1 Less than 5 leagues offered at the tennis center 2 5-9 leagues offered at the tennis center 3 10-14leagues offered at the tennis center 4 More than 15 leagues offered at the tennis center Pts Does the tenniseenter offer tennis tournaments? 1 Less than 5 tournaments a year 2 5.9 tournaments a year 3 5-9 tournaments a year including at least 1 national tournament 4 10+tournaments a year including at least 1 national tournament Pt5 Annual Revenue Targets 1 Less than$150,D00.00 revenue generated 2 5150,000.00-5199,999.99 revenue generated 3 5200,000.00-$24%999.99 revenue generated 4 More than$2 50,000.00 revenue generated Parks and Recreation `��S Tennis Center Contractor Compliance CORPUS Policy and Procedure CHRISTI PAR KS6 RE�AEA,o� Effective Date: April 10, 2023 Revised Date: I Approved by: �Wvi& Date: L /D Z Robert Dodd,Director 1. PURPOSE: 1.1. Establish a departmental policy and procedure for monitoring contractor compliance over tennis center activities, up to and including financial reporting, facility maintenance, programming services, and management. 2. SCOPE: 2.1.This policy applies to all tennis center activities at HEB Tennis Center and Al Kruse Tennis Center. 3. AUTHORITY: 3.1.The Director of the City of Corpus Christi Parks and Recreation Department is granted authority under Section 36-1 of the City Code of Ordinance to establish rules and procedures for the department. 4. POLICY: 4.1.The Contracts Funds Administrator ("CFA' will monitor and account for all tennis center activities and programs to ensure contract compliance. S. PROCEDURE: Financial Reviews— 5.1. Pursuant to the contract, (1)the contractor shall submit a statement of earned revenue on or before the 1011 day of each month,and (2)the contractor shall submit a monthly programming schedule of all programs and activities for the coming month before the 1"day of the month. Failure by the contractor to submit reports timely may result in termination of the contract. 5.1.1. To ensure that all revenue from programs and activities are recorded, the CFA will reconcile the contractor's monthly programming schedule to the revenue report. 5.1.2. The CFA will review each revenue line to ensure compliance with the City's approved fee schedule. If there are any discrepancies, the CFA will ensure that the contractor makes corrections to adhere to the city approved fee schedule. 112 5.1.3. For special situations, including all pilot program fees, any fees not outlined in the fee schedule shall be submitted to the Parks and Recreation Director,for review and approval,prior to use. Facility Reviews— 6.1. Pursuant to the contract, random facility inspections will be conducted by the City on a quarterly basis. 6.1.1 The CFA shall utilize the Tennis Centers Facility Inspection Form (Attachment A-2 of the contract)to conduct the facility inspections. Areas to be inspected are cleanliness of pro shop and restroom s/locker rooms,court maintenance,premises maintenance,fire safety compliance,and hours of operation. 6.1.2. The CFA will score the inspection and calculate a grade. The contractor shall maintain an 85%or above. If the contractor does not meet the score,the CFA will issue a"needs improvement"rating and will allow additional time to allow the contractor to meet the minimum score of 85%. If the contractor continues to fail to obtain the minimum score, the CFA will issue a cure notice,outlining the possibility of contract termination. 6.1.3. At each quarterly inspection, the CFA will monitor the facilities to ensure no banners/signs,except those that promote items sold in the pro shop,are displayed. The CFA will make a notation in Attachment A-2 in the"Notes"section that a banner/sign check was conducted,and what the result was. Programming Reviews- 7.1. The City will conduct quarterly programming reviews. 7.1.1. The CFA shall utilize the Tennis Centers Programming Form (Attachment A-3 of the contract) to conduct the programming reviews. Areas to be reviewed are number of participants, types of programs being offered, types of tournaments, lessons offered, and the court hours used for adults, junior, leagues, mixer/social groups, and tournaments. 7.1.2. The CFA will review the programming numbers to ensure that services are distributed equitably across all age groups and that various types of programming is being offered. 7.1.3. The CFA will score the inspection and calculate a grade. The contractor shall maintain an 80%or above. If the contractor does not meet the score,the CFA will issue a"needs improvement"rating and will allow additional time to allow the contractor to meet the minimum score of 80%. If the contractor continues to fail to obtain the minimum score, the CFA will issue a cure notice, outlining the possibility of contract termination. 1' r F1 2 1 2 EXHIBIT C FACILITY MAINTENANCE Item Responsible Part Structure: includes foundation, walls, roof, windows (regular& storm), storm City shutters, doors, flooring, ceilings, & fixtures Building Systems includes electrical (parts & labor), HVAC,Plumbing, Fire City Alarm arts &labor and Security Alarm arts &labor Building Fixtures: all quarterly and annual preventative maintenance on HVAC system, replacing interior and exterior light fixtures/ballasts, major toilet or City sink repair, gate system major repairs including electrical boxes, door repair, Fire Sprinkler System preventative maintenance and repairs Building Fixtures: air filters, light bulbs, simple toilet repair, simple sink repair, strip and wax floors, shampoo carpets, maintain wall dividers in restrooms, doorknobs, ceiling tiles, gate systems minor* repairs, monitor boiler for leaks, Operator minor* exhibit repair, exterior pressure washing of sidewalks and plaza, minor* interior paint touch up, annual fire extinguisher inspection and upkeep. Parking lots, Sidewalks, Gates, & Si na e City Utilities to include Electric, Water, and phone lines city Landscaping: includes flower beds, ground cover, shrubs &trees Operator Fence Repairs or Replacement to include wind screens, and nets Operator Fire Alarm System Service Operator Water Coolers and Benches Operator Security Alarm System Service Operator Janitorial: includes supplies and services for cleaning facility and exhibits Operator Pest Control Service Operator Dum ster Rental Operator Radios I Operator * Minor is defined as under $5,000 EXHIBIT D TENNIS CENTER'S FEE SCHEDULE The City reserves the right to make any changes to the fee schedule. A. IAnnual and Semi-Annual Fees Fee Unit Adult Annual $ 300.00 per/year Adult Semi-Annual $ 175.00 per/6months Youth Annual $ 95.00 per/year Youth Semi-Annual $ 75.00 per/6months Non-Resident(3 Month Pass) $ 75.00 per/3months B. ICourt Fees Outdoor Standard Court Play(per/player) $ 3.00 per/1.5hrs Open Play(per/player) $ 5.00 per/1.5hrs Private/Semi Private/Group Lesson(court fee) $ 1.50 per/hrs Covered Pavilians(HEB) Standard Court Play(per/player) $ 5.00 per/1.5hrs Adult Open Play(per/player) $ 7.00 per/1.5hrs Private Lesson $ 4.50 per/hrs Semi-Private/Group Lesson(court fee) $ 2.25 per/hrs C. ILesson Fees Director of Tennis PrivateTennis Lessons $ 75.00 (per/hr) PrivateTennis Lessons $ 60.00 (per/45min) PrivateTennis Lessons $ 40.00 (per/30min) Semi-Private Lesson(per/player)(2 player) $ 38.00 (per/hr) Group Lesson(per/player)(3 player) $ 25.00 (per/hr) Group Lesson(per/player)(4+player) $ 19.00 (per/hr) Head Pro PrivateTennis Lessons $ 60.00 (per/hr) PrivateTennis Lessons $ 30.00 (per/30min) Semi-Private Lesson(per/player)(2 player) $ 30.00 (per/hr) Group Lesson(per/player)(3 player) $ 20.00 (per/hr) Group Lesson(per/player)(4 player) $ 15.00 (per/hr) Assistant Pro PrivateTennis Lessons $ 50.00 (per/hr) PrivateTennis Lessons $ 25.00 (per/30min) Semi-Private Lesson(per/player)(2 player) $ 25.00 (per/hr) Group Lesson(per/player)(3 player) $ 18.00 (per/hr) Group Lesson(per/player)(4 player) $ 16.00 (per/hr) D. ILeague Fees USTA Sanctioned Leagues Adult 18&Over Leagues(2 singles&3 doubles $ 59.20 per/league match Adult 40&Over Leagues(2 singles&3 doubles $ 59.20 per/league match Adult 55&Over Leagues(3 doubles) $ 44.50 per/league match Mixed 18&Over Leagues(3 doubles) $ 43.00 per/league match Mixed 40&Over Leagues(3 doubles) $ 43.00 per/league match E. I Facility Rental Fees HEB Tennis Center 22max courts(Full day more than 6hrs) $ 800.00 per/rental 22max courts(Half day less than 6hrs) $ 500.00 per/rental 11max courts(Full day more than 6hrs) $ 400.00 per/rental 11max courts(Half day less than 6hrs) $ 300.00 per/rental Al Kruse Tennis Center 7tennis courts(Full day more than 6hrs) $ 400.00 per/rental 7tennis courts(Half day less than 6hrs) $ 250.00 per/rental 10 pickleball courts(Full day more than 6hrs) $ 500.00 per/rental EXHIBIT E INSURANCE REQUIREMENTS L OPERATOR'S LIABILITY INSURANCE A. Operator must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Operator must not allow any subcontractor,to commence work until all similar insurance required of any subcontractor has been obtained. B. Operator must furnish to the City's Risk Manager and Contract Administrator one(1)copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and American Bank, N.A. must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence - aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part 11 of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Operator shall name the City of Corpus Christi, Texas as Loss Payee Insurance Limit Subject to Change Based on Risk Management Annual Review of Actual Receipts LIQUOR LIABILITY $1,000,000 Per Occurrence (Required When Selling Liquor/Alcohol) HOST LIQUOR LIABILITY $1,000,000 Per Occurrence Required When Alcohol is Served,Not Sold. (Liquor Sales Requires Liquor Liability) PERSONAL PROPERTY INSURANCE Operator and any subcontractors, at their own expense, shall be responsible for insuring all owned, leased or rented equipment or personal property. C. In the event of accidents of any kind related to this contract, Operator 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, Operator 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 Operator is not domiciled in the State of Texas. B. Operator shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Operator'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. Operator shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Operator agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City,with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Operator shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Operator's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Operator'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 Operator to stop work hereunder, and/or withhold any payment(s) which become due to Operator hereunder until Operator demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Operator may be held responsible for payments of damages to persons or property resulting from Operator's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Operator'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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2024 Insurance Requirements Exhibit Parks & Recreation—Al Kruse & HEB Tennis Centers Lease Agreement—Facility Management 4/15/2024 Risk Management—Legal Dept. • CORPUS CHRISTI PARKS& RECREATION Three-Year Lease Agreement for the Management & Operation of the HEB & Al Kruse Tennis Centers City Council Meeting October 15, 2024 Background CORPUS CHRISTI PARKS& RECREATION • Al Kruse Tennis/Pickle Ball Center is currently managed & operated by the Elizondo Tennis Foundation (Operator) with a five-year lease agreement term from March 1 , 2019 - October 31 , 2024. • HEB Tennis Center is currently managed/operated by Sweet Spot Tennis, LLC. and have had various management agreements since 2018; their current agreement also expires on October 31, 2024. • Parks & Recreation propose that both tennis centers be operated under one lease with one operator. • The lease agreement entails that a portion of net revenue be allocated for maintenance/repairs & potential future capital improvements at both tennis centers. Background Continued CORPUS CHRISTI PARKSA RECREATION • Ronald Elizondo of the Elizondo Tennis Foundation currently operates the Al Kruse Tennis/Pickle Ball Center. • Mr. Elizondo has proven his success at Al Kruse through upgrades/maintenance, providing quality courts & establishing new programs for all age levels. • During his evaluation process, Mr. Elizondo provided a detailed summary of programs to implement & a management plan to successfully operate both facilities. • Parks & Recreation's Management Team feel confident he would continue his success in managing both facilities. Lease A reement 9 COR STI PA FIKSS. _ _ R.LCRQATION OPERATION & MAINTENANCE • Elizondo Tennis will be responsible for the day-to-day operations of each facility & shall provide adequate staffing to provide goods/services. • Operations includes the day-to-day tennis court, equipment & landscaping maintenance; pro shop operations, tennis professional services and food & beverage sales (snack bar). • Operator shall be responsible for regular maintenance & cleaning (janitorial), as well as repairs & replacement of all equipment. • Also responsible for all operating expenses such as salaries/wages, equipment/cleaning supplies and costs of inventory purchased for sale in the pro shops & snack bars. • For each facility, Elizondo Tennis will be responsible for minor facility repairs up to $1,000. • City will be responsible for major facility repairs exceeding $1,000 such as structural repairs (e.g. roof& foundation), building systems (e.g. plumbing, electrical & HVAC); repairs to parking lots, sidewalks, gates & signage. Lease Agreement CORPUS CH FI ISTI solo.F O<SS. R LCRQATION ➢ UTILITIES — Al Kruse: City to pay Electricity, Telephone & Water with Trash Service — HEB: Operator to pay for Dumpster Rental/Alarm Services, Pest Control & Internet ➢ LANDSCAPING: Defined Maintenance Boundaries — Al Kruse: Operator responsible for areas within the specified, chain- link fence surrounding the facility. — HEB: Parks & Recreation will be responsible for landscaping beyond 25 feet from the perimeter of the facility. ➢ FOOD & BEVERAGE — The lease agreement allows for alcoholic beverages to be served/sold at each facility, year-round. — Operator shall ensure compliance with all permits issued under the TX Alcoholic Beverage Code & rules/regulations issued by the Texas Alcoholic Beverage Commission. Schedule of Rental Payments �CC3HA ST PA FIK SS. _ _ R.LCRQATION The effective date of the lease agreement is upon final City Council approval. The table below details how rental payments will be calculated: ITEM DESCRIPTION QTY UNIT PERCENTAGE RENT OF (MONTHLY MINIMUM) REVENUE 1 Percentage of Net Revenue 1 Year 15% $2,500 Year 1 2 Percentage of Net Revenue 1 Year 20% $2,625 Year 2 3 Percentage of Net Revenue 1 Year 25% $2,756.25 Year 3 • Net revenues shall not include revenues from the Pro Shop or snack bar food & beverages. • Net revenues shall include revenues derived from the sale of alcohol. 4% Maj. CORPUS Recommendation CHRISTI PARKS6 RECR EATICN Staff recommend approval of the three-year lease agreement for the operation & management of the HEB & Al Kruse Tennis Centers. 0 I a v „aR,aa„Eo AGENDA MEMORANDUM zs52 Public Hearing/First Reading for the City Council Meeting of October 15, 2024 Second Reading for the City Council Meeting of October 22, 2024 DATE: September 23, 2024 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a)cctexas.com (361) 826-7011 Clarkwood Estates Annexation & Rezoning and Annexation of a Portion of County Road 36 CAPTION: Ordinance annexing Clarkwood Estates subdivision, an 87.57-acre tract of land located at the northwest corner of Clarkwood Road (Farm to Market Highway (FM) 2292) and County Road (CR) 36 per owner petition; rezoning 84.71 acres from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; annexing an abutting 1 .254-acre or 2,590-linear foot section of the CR 36 right-of-way per State law; providing for a penalty not to exceed $2,000 and publication, and approving the related service plan. (6 votes required) SUMMARY: Upon petition by the landowner, Farahnakian Revocable Trust, this ordinance will annex the proposed Clarkwood Estates single-family subdivision and abutting paved portion of CR 36 and it will rezone the property to "RS-4.5" Single-Family 4.5 District. Staff recommends approval of the annexation and rezoning. BACKGROUND AND FINDINGS: Description of the Request The landowner, Farahnakian Revocable Trust (Nasser and Soroush Farahnakian Trustees), submitted plans for a new single-family development located at the northwest corner of Clarkwood Road (FM 2292) and CR 36. The new development, called Clarkwood Estates, is located outside city limits but is contiguous with the current city limit line. The landowners requested City annexation to secure City services for their development. Additionally, Texas Local Government Code 43.106 requires the City to annex the adjacent 1 .254-acre section of CR 36 for the length that it abuts the property (2,590 linear feet). Upon annexation, the default zoning district for the newly annexed lands "FR" Farm- Rural District, which requires a minimum lot size of five acres, however, Farahnahkian Revocable Trust requested the rezoning of their property to the "RS-4.5" Single-Family 4.5 District, which permits lots of 4,500 square feet in area. Description of the Proposed Developments Clarkwood Estates is a proposed 87.57-acre single-family development of 476 single- family lots at the northwest corner of Clarkwood Road and CR 36 with planned entrances on both roads. Each new house will be connected to existing City water and wastewater lines that currently serve the abutting San Juan-Clarkwood neighborhood to the south. The developer estimates the full build-out of the subdivision will occur within 10 years and each dwelling unit would have an average sales price of$250,000. City Services to Subject Property The City already provides services to the San Juan-Clarkwood neighborhood to the south of the proposed development, Clarkwood Estates. The petitioning landowner has agreed to a Municipal Service Plan for Clarkwood Estates. Clarkwood Estates is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction, and will receive City water utility services from existing water lines in the area. The developer also intends for Clarkwood Estates to receive City wastewater utility service from existing lines in the area. The City will provide street maintenance services for the annexed section of CR 36, which is 2,590 linear feet from Clarkwood Road westward to the western limits of the subdivision. CR 36 is currently improved with asphalt paving in fair to poor condition. Clarkwood Road (FM 2292) is a TxDOT-owned and maintained road. San Juan Park is located to the south of the property across CR 36 and is owned and maintained by Nueces County. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1 . To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. e. (i.) An owner-initiated application for single-family residential development is unlikely to prove a positive fiscal impact and a fiscal impact analysis should not be used exclusively to evaluate an annexation. Therefore, other criteria should factor into the decision to annex. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Municipal Service Plan, Property Descriptions) Landowner's Petition for Annexation Zoning Report Presentation Ordinance annexing Clarkwood Estates subdivision, an 87.57-acre tract of land located at the northwest corner of Clarkwood Road (Farm to Market Highway (FM) 2292) and County Road (CR) 36 per owner petition; rezoning 84.71 acres from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; annexing an abutting 1.254-acre or 2,590-linear foot section of the CR 36 right- of-way per State law; providing for a penalty not to exceed $2,000 and publication, and approving the related service plan. 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, offers of development agreements have been made pursuant to Texas Local Government Code §43.016-1 WHEREAS, September 7, 2023, the landowner, Farahnakian Revocable Trust (Nasser and Soroush Farahnakian Trustees), signed a petition requesting annexation of 87.57 acres out of the west 5/8 of the Thomas Gallagher Survey 402, Abstract 988 for the proposed Clarkwood Estates subdivision; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, Local Government Code 43.106 requires annexation of 1.254 acres of CR 36 right-of-way and paved roadway width for 2,590 linear feet from Clarkwood Road to the western boundary of the Clarkwood Estates subdivision; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; Page 1 of 4 WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the 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, the landowners have requested rezoning that is concurrent with the annexation process for the subject property, located at the northwest corner of Clarkwood Road (FM 2292) and CR 36; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning 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 Unified Development Code ("UDC') and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property 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, 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 87.57-acre tract of land, more or less, described by metes and bounds in Exhibit A and illustrated in Exhibits B-1 and B-2, generally located near the northwest corner of Clarkwood Road (FM 2292) and CR 36, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 84.71 Page 2 of 4 acres out of the subject property, as described in Exhibit "D" and shown in Exhibits "E-1" and "E-2," from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. SECTION 5. 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 6. 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 7. 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 8. 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 9. A 1.254-acre tract of land, more or less, described by metes and bounds in Exhibit F and illustrated in Exhibit G, generally located west of Clarkwood Road (FM 2292) for a distance of 2,590 feet to the western edge of the Clarkwood Estates subdivision is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 10. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 11. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 13. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. Page 3 of 4 SECTION 14. 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 15. This ordinance is effective immediately upon passage. 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 4 of 4 EXHIBIT "A" STATE OF TEXAS COUNTY OF NUECES Field notes of an 87.57 acre tract of land being out of a 254.07 acre tract of land, said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402, Abstract 988 in Nueces County, Texas, as described in a deed from Cliff Investments, Inc., to Nasser Farahnakian recorded under Document No. 2007036276 of the Official Public Records ofNueces County, Texas(the parent 254.07 acre tract). Said 87.57 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the northerly boundary of the parent 254.07 acre tract and the westerly right of way line of Farm to Market Highway 2292, said point bearing S 89" 15' 26" W a distance of 64.78 feet from the northeast corner of the parent 254.07 acre tract, and being the POINT OF COMMENCEMENT; THENCE, S 01" 00' 33" E, a distance of 190.32 feet to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE, N 500 10' 11" E, a distance of 19.16 feet, to a brass monument found in the westerly right-of- way line of Faun to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE, S 01" 02' 01" E, crossing the State Highway 44 right-of-way, in all a distance of 2943.96 feet along the westerly right-of-way line of Farm to Market Highway 2292 to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292, said point being the southeast corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Lauer recorded under Document No. 2014012029 of the Deed Records of Nueces County, Texas, for the POINT OF BEGINNING, and the northeast corner of this tract; THENCE, S 0 1" 02' 0 1" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 291.53 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292, for an interior corner of this tract and the point of curvature of a circular curve to the left, THENCE,250.36 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the left, said curve having a radius of 1005.00 feet and a chord with a bearing of S 08" 10' 18" E and length of 249.72 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; THENCE, S 15" 09' 20" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 386.28 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292, for an interior corner of this tract and the point of curvature of a circular curve to the right; THENCE,225.41 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the right, said curve having a radius of 905.00 feet, and a chord with a bearing of S 08" 17' 47" E and a length of 224.82 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; Page 1 of 3 THENCE, S O1" 06' 47" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 291.53 feet, to a PK nail set in the centerline of Nueces County Road 36, said point bearing S 890 14' 47" W a distance of 50.37 feet from the southeast corner of the parent 254.07 acre tract, and also being the southeast corner of this tract; THENCE, S 890 14' 47" W along the centerline of Nueces County Road 36 and the southerly boundary of the parent 254.07 acre tract,a distance of 2641.32 feet,to a 5/8" iron rod found in the centerline of`Nueces County Road 36, said point being the southwest corner of the parent 254.07 acre tract, and also being the southwest corner of this tract; THENCE,N 00 50' 04"W a distance of 1462.62 feet along the westerly boundary line of the parent 254.07 acre tract to a 5/8 inch iron rod found in the westerly boundary line of the parent 254.07 acre tract, said point being the southwest corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No. 2014012029 of the Deed Records of Nueces County, Texas, and being the northwest corner of this tract; THENCE,N 88"58' 39" E,along the southerly boundary line of the 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No. 2014012029 of the Deed Records of Nueces County,Texas,a distance of 2431.34 feet to the POINT OF BEGINNING, and containing 87.57 acres of land,more or less. Page 2 of 3 Notes: 1.) Hearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Bounds description. I, bred C. Hayden, Jr.,do hereby certify that this survey of the property Iegally described herein was made on the ground this day of Jr 4ePw b-c v 2023, and is correct to the best of my knowledge and belief. Q P T�• FR��C I�;AYDEN;3�• Fred C. Hayden, Jr., RPLS No. 4486 Page 3 of 3 lcrvden IIATE 06/22/23 _ urveying, Inc. / `�. °t cp ` 905 PEL-A ❑R� i '• l CORPUS CH vi RlSTI, TEXAS 7841F /3 Fau C, HAtiDC��JR PH, 361-72B-7188 �................. .. .. 1, THE ONDERS15NEll, IN MY PRDFE d486SSIONAL OPINION, HEREDY '• /} STATES THAT THIS AND WAS PREPARED SURVEY ACTUAL R DIN THE ET CT GROUND SURVEY CJ• Q�'C�" �V�•4• REDFLINLEC TEDR MYDONE THE S RLVEY DPLAT N THAT ET ER: ARE NO SET AS +elf •sun�:`C© ENCROACHMENTS AND BOUNDARY CONFLICTS EXCEPT AS SHDWN ON l7 THE SURVEY PLAT. FND FEM POST (MEAS)N89.15'26"E 2471.87' P.CI^G• THE DIMENSIONS SHOWN LIN THIS DRAWING ARE FOR THE W CONE(919NR6Eol (PLAT)N89.1�E+ • 24�1. nID 5 A'I USE Of TITLE AND HVRSCAGE COMPANIES IN C74NECTTVN 31'DC33"E WITH IHIS TRANSACTION AND SHALL NOT BE RELIED TRACTITR TRACT E 190.32' UPON FOR.ANY OTHER PURPESF.TRACT A ACT C TRACT 9 FRI 5/B-I 49.97 NcASVREMEN7S SHOWN ARE FROM THEPROPERTY LINE TO TND a DDI WHMT NSD'1G'11'E 11ic EOUNDATICN,AND FROM CORNER TO CORNER OF TIME FIN 19,18' FOUYDA710.N. NO EASEMENT RESEARCH HAS BEEN PERfORHED 8Y STATE 44 HIGHWAY MAYPEN SURVEYING.INC • R.O.W.1yDTH YAIFIE� I a a ALL BEARINGS AND I1Is TANLEs SHOWN IN TINH SURVEY d MATCH THE RECORD PLAT, FNa 3/e'IR >> BUILDING SETBACK LINE.",ARE AS INDIEAIE©ON RECORD PLAT. FIND 5/5'IFL 6'm ITT n THE SURVEY SHOWN HEREON WAS MADE UPON THE GROUND n UNDER NY SVPERVISIDN,VISIBLE ENCROACHMENTS, (() EASEMENls,D7sCREPANCIES,PRUTRU51ONs.IF ANY,ARF SHOWN HEREON.THE PRCPERI,Y..ABLIDwN R L�mTEo srArEs(J1 OF AMERCA n YYfa� p 29.75 ACRE TRACT CUT OF NO e�96 • A 254.07 ACRE TRACT DESCRIBED D (n OWNER: Al SISTER CREEK LTD IN DOC #2007036276 N & CEARA LLC O.P.R.NC.T LOT 1 BLOCK 1 DOC•N 201101 DEATON-BAKER SUB01V151CF7 • Y,I m DOCM 2021049842 u a in TRACT A OWNER: J,E. CONSTRUCTION g SERVICES t5so.1I'10 OF ROAD v o 5.04 ACRE TRACT OUT OF FIND 3 e'IR {PLAT)N875'51•E p P 6.54 ACRE TRACT ➢CIUNDRY ❑F PARENT ' (MEAC)N89'13'S1 E '/e.rn DOC #2015043748 254,07 ACRE TRACTS i 7 DCC#2019023660 Y + e TRACT B 04INFR: J.E. CONSTRUCTION SERVICES ❑.P.R,NC T, 11 91D 1T w x Q (PLAT)N89'16'3T"E • d d gr"Yi 1.50 ACRE TRACT OUT OF GI!mG TT IN ENJ 5/8"IN { I {MEns)Nea73'x4 a 6.54 ACRE TRACT y DCC #2015013742 OWNER: DANNY JAUER OWNER: COYOTE REAL 70,00 ACRE TRACT Cur Or m T P.AC i C • A 254.g7 ACRE TRACT DIcl ESTATE HOLDINGS, LLC IN DOC M2.00703627E LOT 1, BLOCK 1, COYOTE 0 P.R.N.C.T ACRES DOCM 2014012029 VOL. 68 PC, 159 8 DOC #201400518.5 o OWNER: COYOTE REAL TRACT ESTATE MOLDINGS, LLC (MFAS)N88'58'39"F 2431.34'(TO R.O,W.) P. . "("• LOT 2, BLOCK 1, COYOTE (PLAT N8B'58'41"E 2481.31'(TO OF ROAD) 365 49.75 ACRES 1 VOL. 68 PG. 158 ! i DOC #2014005135 a s x•1 4971 j d TRACT E OWNER: TEXAS CITY # VENTURE, LTZI o z• �$- a4 aR.�TK.mo' r �{ LOT 1, 44 CAMERON T Lri /5 ;�Ri ..' m SUBDIVISION l 1' VOL. 67 PG, 658 o Rlw m DOC k2014006441 BE (M{ASt N1ATro1u'.,'F SCALD 1' = 700' zYI StiTT � E— -- 60 - 87.87 ACFIE TRACT CUT OF see.T.a '� 1 > ssT•w A 2541 ACRE TRACT T£SOW:11 W • �'� +�iA'EA ad~ IN OW X2007036776 "+ory•pY� YhAr_ :.� O.PRN.C.T Rr ao' YONi"RH d (�cAT, +{, :'%� a �a rNaxy Tpyee Mi YD N� II i-A/' 'O TL,LIAIL•liT T U f�`: •J N m IRE 9 x l T E _.. �(PLATJSB®'14'4T•W _,-��_._�.._ _"K7,5'CPL�`EMFi T� � •_.�=-�. aaa�' FFb 3/e' • •IIE�� • wT� ` CR 36 SET•PK II (PUAT)S89.14'47"W 264.0,95' (MEAS)S89.14.47"W 2641.32' EXHIBIT B - 1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION SURVEY OF CLARKWOOD ESTATES A 87.57 ACRE TRACT OUT OF A 254.0'7 ACRE TRACT DESCRIBED IN )3C# 2O "Vb3 27B O.P.R.N.C.T. ayden DATE 08/22/23 1 urveying, Inc. RIS /� { �"['�(� ` 965 DELTA ➢R, CC1RPLhS . 361-I TEXAS 78412 4....... /I PH• 36f-729-7188 11�i ll\ 1. TViC 11NllER5lGNE➢, SN.NY PRgECSS1El AL LIPSNION,HEREBY N/Mnth NNNH 6/ +11511a1A Yh SLATES THAT TI{IS SURVEY PLAT HEREON [S TRUE AND CORRECT 448b AND WAS PREPARED FROM AN ACTUAL ON THE 5ROUND SURVEY CINDER MY DIRECTICN, ALL MONUMENT$ W€RE FOUND OR SET AS �f.arFSSI� n'� REFLECTED ON THE SURVCY PLATo THAT THERE ARE NO ENCROACHMENTS AND BOUNDARY CCTNFLICTS EXCEPT AS SHOWN ON fJvQ<.TGiIV'�` THE SURVEY PLAT. THE BIMENSIO.NS SHOWN UN THIS DRAWING ARE FOR THE 'Sr OF TITLE AND NORT61 COMPANIES IN f.ONNEGTItkI WITH THIS iRAN,$ACTION ANp SHALL Np7 IF.RCLIfD HPON FOR ANY OTHER PURPDSE, MEASUREMENTS SHOWN ARE FROM THE PROPEREY LINE 1G THE fOUNOATICN.AND FROM CORNER TC CORNER DE THE FOUNDATION. NO FAS£MENT RESEARCH HAS BEEN PERFORMEO RY }IA Y TEN SURVEYING,1N ALL REARINGS ANp DISTANCES SHOWN OR THIS SURVEY MATCH lHE RCCURp ALAI. DUILDINL SETDACK LINES ARE. AS INDICATED INV RECORD PLAT. THE SURVEY SHOWN HEREON WAS MADE IIPDN THE GMNVND 071BfR MV SURERVI$ION.VISIELE ENCROACHMENT$, EASE M[NTS,DISCSEpANCIC S,PROTRUSIONS.IF ANY,ARE SHOVN HEREON,THE PROPER'T/TY]TAB/TITS A PU y RECIPE D"P r.SS7D" £4 � H U.11Dfi (MEAS)N88-58'39"E 2431.34'(TO R.O.W.) AT) , ° o FND 5 8' IR (PLAT)N88-58'41'E 2481.31'(TO OF ROAD) 49,75 Fl , N soT'02 01 E n• - �>v 201,53' o p 4Fa.i3 0 0 FND BRASS Ch l 1 TX OOT N N el p C3 + .z-tea R-1005.00' MONUMENT •I (MEAS)L4250 36 r>a r'i p GI T (PLAT)L- Ln.7.51..SD -- rn :E CoC�pp',,•rr,.a CLA7.49.72 FND BRASS cn �+ • R'3 f TX 4QT N N MLx1uMEH: (P+Ar)srs _ � (MEAS) IIg_3g?'57 87.57 ACRE TRACT OUT OF s13592aryL- LPL7)N79,,'57•W ,jE yy A 254.07 ACRE TRACT DCSCR6ED abc9 FAQ IN DOC #2007036276 FTw BOAS s n rN� O.P.R.N.C.T Tx 007 R-�MEA.K0&0O' MONUVLN7 .225.41 CS PLAT)L-225,53 w N N CB� g6^17'47"€ �50.52 �= CL�224,82' FRIO sRkl rTI M iJ r N CO TX DOT MO9 DOI17 v (PLAT) o 501'0B'47"E �I --^'• �,'.�_._.,,.__ (PLAT)S89'14'47' • urn. • ra 1� . 5' CP�EASEMENT ._ _._ -�_. 50.37' FND 5f8' 1 7 . �. � �� ��� • �� ioi (PLAT)S89'14'47"W CR 36 2640.95' SET "PK NAIL" (MEAS)S8914'47"W 2641.32' EXHIBIT 13 — 2 SURVEY OF CLARRWOOD ESTATES A 87.57 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRBED IN DQC# 2007036276 O.F.R.N.C.T. DATE: 08-22-83 SCALE: 1" = 500` EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT FOR A 87.57 ACRE TRACT OF LAND, AND BEING OUT OF A 254.07 ACRE TRACT OF LAND COMPRISING THE WEST 5/8 OF THE THOMAS GALLAGHER SURVEY 402, ABSTRACT 988, AS DESCRIBED IN A DEED FROM CLIFF INVESTMENTS, INC TO NASSER FARAHNAKIAN RECORDED UNDER DOCUMENT NO, 2007036276 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and Farahnakian Revocable Trust ("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 87.57 acres of land situated in Nueces County, Texas, as specifically described and attached as Exhibit "A" and sketch in Exhibit "113-1" and survey in "Exhibit B-2" ("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 considerations for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows; j 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 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. ('I) 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 Ri hts Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 5 Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 6 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 Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. 7 CITY OF CORPUS CHRISTI LANDOWNER r By: By: P er Zanoni, Nasser Farahnakian, Trustee City Manager Farahnakian Revocable Trust Date: 1.2..,�k ZAl Date: !��� ?�L� 5d,reu S r�,kya,hnA. rL By: Soroush N. Farahnakian, Trustee Farahnakian Revocable Trust Date: Z 3 APPROVED AS TO FORM: 1`� By: — btv,�, Buck Brice Deputy City Attorney For the City Attorney 8 EXHIBIT"A" STATE OF TEXAS COUNTY OF NUECES Field notes of an 87.57 acre tract of[and being out of a 254.07 acre tract of land, said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402, Abstract 988 in Nucces County, Texas, as described in a deed from Cliff investments, Inc., to Nasser Farahnakian recorded under Document No. 2007036276 of the Official Public Records of Nucces County,Texas(the parent 254.07 acre tract). Said 87.57 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the northerly boundary of the parent 254.07 acre tract and the westerly right of way line of Farm to Market Highway 2292,said point bearing S 89" 15' 26" W a distance of 64.78 feet from the northeast corner of the parent 254.07 acre tract, and being the POINT OF COMMENCEMENT; 'THENCE, S 01" 00' 33" E, a distance of 190.32 feet to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE, N 50" 10' 1 1" E, a distance of 19.16 feet, to a brass nionuinent found in the westerly right-of- way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE, S 01" 02' 01" E, crossing the State Highway 44 right-of-way, in all a distance of 2943.96 feet along the westerly right-of-way line of Farnt to Market Highway 2292 to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292, said point being the southeast corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer recorded under Document No. 2014012029 of the Deed Records of Nucces County, Texas, for the POINT OF BEGINNING, and the northeast corner of this tract; THENCE, S 01" 02' 01" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 291.53 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292, for an interior corner of this tract and the point of curvature of a circular curve to the Iefi; TI IENCE,250.36 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the left, said curve having a radius of 1005.00 feet and a chord with a bearing of S 08" 10' 18" E and length of 249,72 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; THENCE,, S 15" 09' 20" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 386.28 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292, for an interior corner of this tract and the point of curvature of a circular curve to the right; THENCE,225.41 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the right,said curve having a radius of 905.00 feet, and a chord with a bearing of S 08" 1 T 47" E and a length of224.82 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; Page I of 3 THENCE, S 01" 06' 47" E, along the westerly right-of-way line of farm to Market Highway 2292, a distance of 291.53 feet, to a PK nail set in the centerline of Nueces County Road 36, said point bearing S 890 14' 47" W a distance of 50.37 feet from the southeast corner of the parent 254.07 acre tract, and also being the southeast corner of this tract; THENCE, S 8911 14' 47" W along the centerline of Nueces County Road 36 and the southerly boundary of' the parent 254.07 acre tract,a distance of 2641.32 feet,to a 5/8"iron rod found in the centerline of Nueces County Road 36,said point being the southwest corner of the parent 254.07 acre tract,and also being the southwest corner of this tract; THENCE,N 0°50'04"W a distance of 1462.62 feet along the westerly boundary line of the parent 254.07 acre tract to a 5/8 inch iron rod found in the westerly boundary line of the parent 254.07 acre tract, said point being (lie southwest corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No. 2014012029 of the Deed Records of Nueces County,Texas, and being the northwest corner of this tract; THENCE,N 880 58' 39" E,along the southerly boundary line of the 70,00 acre tract of land described in a special warranty deed from Nasser f aralinakian to Danny Jauer as recorded in Document No.2014012029 of the Deed Records of Nueces County,Texas,a distance of2431.34 feet to the POINT OF BEGINNING, and containing 87.57 acres of land,more or less. Page 2 of 3 Notes: 1.) Bearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Hounds description. I, Fred C. Hayden,Jr.,do hereby certify that this survey of the property legally described herein was made on the ground this f day of 5wn 4era Le v 2023, and is correct to the best of my knowledge and belief. AYpE1s,S. Fred C. Hayden,Jr., RPLS No. 4486 Page 3 of 3 DArL1 081PP123 vcvyc4,yoi)t1,g, Inc. gn DE r A DR. CORPUS CHRISTI. TEXAS 78412 pHr 361-720-7108 I' I 1IL LNULPSIE.NLIL, IN MY 11WIFESSIUNAL OPINIUN,HLIitHY 448U S rA I E S IIIAT *rIS SURVEY PLAI IlLkL[IN 15 IkUL AND CORRECT 41,Alin 4 S f1Rr ARFO rRnM AN ACTUAL JAL ON Thr. fiPrjLJNV VIRYI[Y Uum DIRMIL14- ALL 14OWL)KNIS WV�L I LIVID OR SL.1 AS eirErRCMYIf ON THE SIOWY PLAT THAI IALVL FYPL NET EPXkr A('jIj4ENlS AND DDLIAIJARY I:rJNILICrS EXCEPT AS SIIDWN M 111E supwry PLAI (MEAS)NE1915'26"IF 2471,87' P.0.C. WE IdICHMA MCWH Oil IHM 114AVIW.ARE FOR 111E AYD FENCE MI fl cmic(msupbco)f nAT)N89'I5'26"E IT; 2421. ' 'I'D I I co4p,mr S P`I En-NIC1104 S','00, f wl 1.,1 is TR 111 1 la4 A'D SwALt P.91 BE R1�111) TRACT t 0 u iv,04 FOR wif ntitq Ppkpasr 9 9 TRACT A ACT C TRACI D -1 qASUOtIll 15 StqYVN ARE[Rrx4 THE rROPIATY L104 IU IND B/Ng-I F.D 001-4-1 1Y, g �L rbDhiiwo.AND OFLA EIMER JU LIPNTR IF 114 FLNEF"Im All FA$EkrtT RLSCA4LlI 11M BEEN ftRIERM D BY _v nroo ntayroar.,INC. • t sTATE FIEGAIWA --ru—N—wim,—vZ,7" p ALI ;CMIN65 A-40 DISIAII17ES smovq cm nas mmvry mAr,A im mou n ht CIALLING SUVAC4 LIh,15 AR[M INIII(AlED DrA RICIP111 FLAT AM 5/0'Ell AID 5/8.Rt m rn FIRE �mzvry a w"in-prom WM Mit 1IF414 Wr MIME > 'n > (n wrw.m Ity sunRIIISID1,MINE fI1IPVAC1WLNI%, LA PIS(TRJEPMEEILS.MOIRUSIMS IF ANY.AkL -0 %iinoi iQFrEFF f FREFFIrAly AMIts A w OWNER: LUTED STATES 4.__ Ln OF AMERCA �no • 29,75 ACRE TRACT OUT OF Fn 106 A 254.07 ACRE TRACT DESCREIED 10 0 DOC 0200703627f, 1-0 r.n OWWmL JU SISTER CREEK LTD IN _0 EDCEARA LLC OP.R.N.C.T T I 13LDCK I DOC# 2011039M DEATON-BWR SUDWSICIN DOC#202100842 Z; i P61-1 A OwNFR: J.E. GUNS IR1JC1j()N V To�C SERVICES E quAD AM)&Ar IR FIFES lbol F .01 ACRE TRACT OUT (IF NiO 5/8'R 6.14 ACRE.[RAC T FR DOC #2015 13748 254.07 ACRE TRACT—, I I z To TRACT B OWNER: J.E. CONSTRU�;PUN BOUNDRY DF PARENT DUC#2019023660 r! SERVICES D.P,R.N.CJ. G.17 -4(PLAT)1110915'37'r 1.50 ACRE TRACT an Or 111q .,AID 5107 IRP 6,54 AC141: TRACI 77�� DOC #20i5D13/48 OWNER;DANNY JALJER 70.00 ACRE TRACT (AJT OF ED OWNER: COYOTE MAL CF1 ESTATE HOWN60. LLC • A 25,LO7 ACRE TRACT DESCRIBED L01 1, DLOCK 1, COYOTE IN DOC #2.007036270 O.PJI,N.C,T ACRES DCC#2014012029 va. 68 ru. i,.YH DOC #20111005185 9. I RAC T N OWWR: COYOTE RIFAI ESTATE HMINGS. LLC ()AEAS)N88'58'39'E 2431.34'(TO R.O,w.) P. Lfj 1 2. BLOCK 1, COYO I I, 2481.31'(TO or ROAD) 365 49 ACRES (PLAT�N88-58-WE — VUL, G8 1`101, 158 DOC #2014005185 Fly m III 49 Y:J. 1 RAC T F OWNER: TEXAS CITY VENFUllit, LID LOT 1, 44 CAN FUICIN 0 SLODIVrIUN VOL. 61 r1o. 658 t DOC #201A006111 41 700' ,,1,6.ot57 ACRE TRXI OUT OF A M07 ACRE TRACT OFGQR" IN DEC • GpitheJ 9 4 .41 d INCI 5/0.1 rL CR 36 2111.11- -A M. (MEAS)SWWWW 2641.32' JT'X fj I B I T E I SKETCH To ACCOMPANY ME'I[I,w S AND HOUN.1")S Dl__ SCRIPTION SURVEY OF CLARKWOOD ESTATES A 87.57 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED IN DOC# 2007036276 o.P.R,.N-.c.q,. uvden DATE. 081221P3 r 0 r T oMTV�F•��l�s+ -_ urveving, Inc. 90:J STI, Ink. C[7RF'115 CtiS;1STI. Exas 79412 �1 C�GU CI�IRI'��.il,lilt, Ptl 'sGt-JAR-71RR 1, llli' LXIDCPUCINLV, IN IY PNCIT C3';IIIDIM- TIFILRriH,YiF:RF.VY �U+111IHI+I u1H H •q N.,11 L4 THAT Airs SLJAVLY PLAI III.uLUN 15 1R111' aN0 C0RKI'l A 4488 AN ry UFR ANY F➢IREC IIDNE All MERJU ICNIIS LVCF.'LI f flub 1 N R SS CI AS , t '0�essib°1 F'CLFLCCTEV DN NIE SURVEY f•L.AL ❑MI HIM'K M:E N(I I'NP.NACI WEPIIs AND 9CIIlNVAMY CITPOLIM IMCEPT AS SHUVN UN TIIE SURVEY PLA1. l{IC RM[MSITI'IS%I<IWN n,Ills DRAWING Mt r1;R 1„F UST f4" 'I'll ANLI Ill ME DpNPA'11r5 IN rrpa?LII'__,n YIN{nnI IkIJISAL 11rRJ AIO Sl+N,L IAIT 9C RCI FCR i-NIvl IR Any prick MPUSC. PTA;I.Q174 MIS SIfJYIt Aq 1-RU4!'IC P10-101 11Ni. inIFL TpJlp Al llSf.NIP FRLW CM, in CIAGMLk Ill IIN rR1G,RA11CY1 Np IAS C PLMT FCSTAPVI PAS krEN PLRIIWKD MY PAYDLN LINVC ZING,IMG AAl DCA915 h5 Ai AJSINICCS%icuR rRl I,IIS SIlkYC'I. Al"1111 RL COD PLAT- AIALLIND SCIFACR,UK' AFL AS IIIDICA1Ep ITI RL.CMR3 PLA1,. W T"RV(Y•14WR IITFCIIf WAS XAMC III'pN IIIC rlMILNL INDEX XY SLA+CRYTSiral,YISIEIC rAYR",.rNIS. CASp.N{II1 S,RISERLPAMC II:S,1'F[11kVSIiP1T Ir All Y,Aki SMIINI WK. NI[F'RiM'CR,.I/.YA'unui\�/A W} CG 'fi SI. 7,1_f}p',Sjs3LfirikY--- /' JlN1ARG / I/' (MEAS)N88'58'39"E 2431.34'(T0 R.O.W,) � la,, o ND 5 R"IR (PLAT)N88'58'41"E 2481.31'(T0 OF ROAD) 3.65 _ -n9,75 _ I -•-} FLAT) p f11 r- 50'02'O1"E — fAv r 291.53' o -i ao�� IL� cl;� as a Ld q�+�' fNpl naI S I i IV pa9hi +0�� R-1005.90' Ya"VMENT 1 C?N� �hy ✓ $g (#�IEAS)L+•250�6 fh I+i t ti Y a.a.u.92 W w y fND DRAS9 CN LA r .39 ` NUN ull N-�PLh S (FLEAS)"C- f1D.3 b�57'E .-----. s7.�7 ACRE TRACT our of 515W'2 386.26 f°(A7jN>,75 1� 254.07 ACRE TRACT MSCRort) -a F?7.,m. 5J'w ,��� IN C10C 1�2fl07t�3627G TND AS9 � N' g D.P.R.N.C.T TMaT R~• 05.00' MONUMENT ", +' • (PIhT)I.>r225.53 10,6? N CL n224.82 fFNr BRA54 . m OJ '` 7M UOT dv Armuli1ENT 50 1 •.I (PI'D8'4NT) o 7"E-----•-r w w _ 29153' E(PLA7)58 T 9'14'� PND 5 8"11 57,'S' CPI CASk MENTm..._.. � rM�� - 50.3T dow (PLAT)589'14'47"W t. CR 36 2640,95' SET'PK NAIL' (MEAS)589'14'47"W 2641.32' f�X1-IIL ICI' F3 - ? SURVEY OF CLARKWOOD ESTATES A 87.57 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED - — IN DOC#-_200703627C O.-I'.R,N,C:T.__ 1)1+111'. OR 2 -P-3 SCALE.: V -- 500' EXHIBIT D EXHIBIT "A" STATE OF TEXAS COUNTY OF NUECES Field notes of an 84.710 acre tract of land being out of a 254.07 acre tract of land, said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402,Abstract 988 in Nueces County, Texas, as described in a deed from Cliff Investments, Inc., to Nasser Farahnakian recorded under Document No. 2007036276 of the Official Public Records of Nueces County,Texas(the parent 254.07 acre tract). Said 84.710 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the northerly boundary of the parent 254.07 acre tract and the westerly right of way line of Farm to Market Highway 2292, said point bearing S 890 15' 26" W a distance of 64.78 feet from the northeast corner of the parent 254.07 acre tract, and being the POINT OF COMMENCEMENT; THENCE,S 010 00' 33"E,a distance of 190.32 feet along the westerly right-of-way line of Farm to Market 2292 to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE,N 500 10' 11" E, a distance of 19.07 feet,to a brass monument found in the westerly right-of- way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE, S 010 01' 25" E, crossing the State Highway 44 right-of-way, in all a distance of 1404.79 feet along the westerly right-of-way line of Farm to Market Highway 2292 to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292, said point being the northeast corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer recorded under Document No. 2014012029 of the Deed Records of Nueces County,Texas; THENCE, S 010 02' 39" E, a distance of 1360.85 feet along the westerly right-of-way line of Farm to Market Highway 2292, to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292, said point being the southeast corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer recorded under Document No. 2014012029 of the Deed Records of Nueces County,Texas,for the POINT OF BEGINNING, and the northeast corner of this tract; THENCE, S 010 02' 01" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 291.45 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292,for an interior corner of this tract and the point of curvature of a circular curve to the left; THENCE,250.25 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the left, said curve having a radius of 1005.00 feet and a chord with a bearing of S 080 10' 12"E and length of 249.61 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; THENCE, S 150 09' 20" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 386.27 feet, to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292,for an interior corner of this tract and the point of curvature of a circular curve to the right; Page 1 of 3 THENCE,225.41 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the right, said curve having a radius of 905.00 feet,and a chord with a bearing of S 080 17' 47"E and a length of 224.82 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior corner of this tract; THENCE, S O10 06' 47" E, along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 337.76 feet, to a PK nail set in the centerline of Nueces County Road 36, said point bearing S 890 14' 32" W a distance of 50.37 feet from the southeast corner of the parent 254.07 acre tract, and also being the southeast corner of this tract; THENCE, S 890 14' 32"W along the centerline of Nueces County Road 36 and the southerly boundary of the parent 254.07 acre tract,a distance of 2590.95 feet,to a 5/8"iron rod found in the centerline of Nueces County Road 36,said point being the southwest corner of the parent 254.07 acre tract,and also being the southwest corner of this tract; THENCE,N 00 50' 04"W a distance of 1462.62 feet along the westerly boundary line of the parent 254.07 acre tract to a 5/8 inch iron rod found in the westerly boundary line of the parent 254.07 acre tract,said point being the southwest corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No. 2014012029 of the Deed Records of Nueces County,Texas, and being the northwest corner of this tract; THENCE,N 880 58' 39"E,along the southerly boundary line of the 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No.2014012029 of the Deed Records of Nueces County,Texas,a distance of 2431.67 feet to the POINT OF BEGINNING, and containing 84.710 acres of land,more or less. Page 2 of 3 Notes: 1.) Bearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Bounds description. I, hied C. Hayden,Jr., do hereby certify that this survey of the property legally described herein was made on the ground this day of S,z f,-��,,,,�, r 2023, and is correct to the best of my knowledge and belief. ,tG OF r. I;RED C•.ttAYt7Ea�i,Sk• , 4485 y Fred C. Hayden, Jr., RPI S No. 4486 Page 3 of 3 EXHIBIT E-1 ayd,- DATEI 09/28/23 76. urVeytng,Inc. v�t,•�tsT�n '9 905 DELTA DR. CORPUS CHRISTI, TEXAS 78412 � p] __NI _ :•, PHI 361-728-7188 I,THE UNDERSIGNED,IN MY PROFESSIONAL OPINION,HEREBY STATES THAT THIS SURVEY PLAT HEREON IS TRUE AND CORRECT 4486 AND WAS PREPARED FROM AN ACTUAL ON THE GROUND SURVEY UNDER MY DIRECTION,ALL MONUMENTS WERE FOUND OR SET ASREFLECTED ON HE ENCROACHMENTSTANDSBOUN BOUNDARY VEYACONFLICTS,THATHERE EXCEPTEASOSHOWN ON THE SURVEY PLAT. V (MEAS)N89'15'26"E 2471.87 P.O.C. THE DIMENSIONS SHOWN ON THIS➢RAWING ARE FOR THE FND FENCE POSE PLAT N89'15'26"E 2471.83' USE OF TITLE AND MORTGAGE COMPANIES IN CONNECTION IN CONC(DISNRBm) ( ) • 51'00'33'E WITH THIS TRANSACTION AND SHALL NOT HE RELIED •� • • UPON FOR ANY OTHER PURPOSE. TRACT B TRACT E 1so.3z' TRACT A TRACT C TRACT D tN95 97MEASUREMENTS SHOWN ARE FROM THE PROPERTY LINE TO ND 5 H'IRFND T%DOT MNM FND 5 IR 090'7 THE FAUN➢ATION,AND FROM CORNER TO CORNER OF THE 19 07' FOUN➢ATION. 3 NO EASEMENT RESEARCH HAS BEEN PERFORMED BY STATE HIGHWAY 44 HAY➢EN SURVEYING,INC. D D• R.O.W.WIDTH VARIES v ALL HEARINGS AND➢ISTANCES SHOWN ON THIS SURVEY MD 5/8'IF MATCH THE RECORD PLAT. ND 5/8'IF FND 5 IR a HUIL➢ING SETBACK LINES ARE AS IN➢ICATE➢ON RECOR➢PLAT. m OJ •O II D Cn L O_ o� THE SURVEYER SHOWN HEREON WAS RACE UPON CHM THE TS GROUND I N az UN➢FR MY SUPERVISION,V15IBLE ENCROgCHMCNYS, OWNER JB SOO CREEK LTD OWNER UNITED STATES TRACT F m iK EASEMENTS,DISCREPANCIES,PROTRUSIONS.IF A4Y,ARE 8 CEARA LLC OF AMERICA 00 SHOWN HEREON,THE PROPERTY ABUTS A PUB w. LOT 1 BLOCK 1 29.75 ACRE TRACT OUT OF m • DEATON-BAKER SUBDIVISION A 25407 ACRE TRACT DESCRIBED ^' [• G{.•� N DOC9 2021049842 N DOC#2007036276 ,r (J1 I O.PRNC.T >0 N04466 DOC#2MI038666 `L a •; �� I I� 1560.11'TO ff OF ROAD N MD 5/8'IR (PLAT)NB455'51'E MD 5/E'IF 1509.69'TO R.O. N W I • u (MEAS)N 15'51'E 3 w m N uN 916.17' p • TRACT A OWNER: J.E. CONSTRUCTION rN0 5/8'IR (PLAT)N89'15 > '37"E E m SERVICES I 916.53 MD 5/8'IR O 5.04 ACRE TRACT OUT OF (MEAS)N89'15'24"E u I 6.54 ACRE TRACT L4 DOC #2015013748 OWNER DANlY JAUER m v• 70.00 ACRE TRACT OUT OF TRACT B OWNER: J.E. A 25407 ACRE TRACT DESCRIBED CONSTRUCTION SERVICES SDI N N DOC M2007036276 1.50 ACRE TRACT OUT OF oz oz O.P.R.NC.T w DOC#2014012029 6.54 ACRE TRACT n�o wo mo u,N O • DOC #2015013748 teOD n? o U I TRACT C OWNER: COYOTE REAL ESTATE HOLDINGS, LLC 2431.67'(TO R.O.W.) P•O LOT 1, BLOCK 1, COYOTE (MEAS)N88'58'39"E ACRES MD 5/8'IF (PLAT)N88'58'41"E 2481.31'(TO CL OF ROAD) 73.65 49.75 VOL. 68 PG. 158 MD 5/B'IF DOC #2014005185 (MEAS) 2 S01'02'01"E TRACT D OWNER: COYOTE REAL mD> 291.45 49.73 • ESTATE HOLDINGS, LLC z z• 9g R=1005.00' u ND uD)ir (71 LOT 2, BLOCK 1, COYOTE 00 9g• g'L (MEAS)L=250.25 J ACRES No No C 1g (PLAT)L=251.39 O VOL. 68 PG. 158 o CB=SOB'10'12"E J DOC #2014005185 w u CL=249.61 rND GRAM A " �'1"T (PLA1�5151951 TRACT E OWNER: TEXAS CITY (MEAS) 19.s6 VENTURE, LTD 84710 ACRE TRACT OUf OF Si5ro9'20"E (PL1 +>s7s'sr LOT 1, 44 CAMERON 90 d A 25407 ACRE TRACT DESCRIBED 386.27' 12�+e' W E Q` `8 N DOC#2007036276 SUBDIVISION N w �9 pp y M�K8pRpAiS9 VOL. 67 PG. 658 J • ,g4i 1 O.P.R.NC.T R=905.00 NO ERMT 9" AND DOCM 2019023660 DOC #2014006441 OP.R.NC.T (MEAS)L=225.41 (PLAT)L=225.53 b�" ml CB=S08'17'47"E rN�DK 8pRAS5 �"• TRACT F OWNER: AG REALTY CL=224.82' MALV.TT ••• ASSETS, LLC ry�' • LOT 1, BLOCK 1 (MEAS) SUNRISE BUSINESS PARK S01'O6'47"E 337.76' VOL. 66 PG. 184 67.5'LPL�MmoEASEMENT DOC #2007030848 • �„ • • • -'PK NAIL' 5891432"W MD 5/8'IR PLAT S89'1447 W Q CR 36 2640.95' (TO Z OF ROAD) 50.37' (MEAS)S89'14'32"W 2590.95' (TO R.O.W.) SCALE: 1"=700' EXHIBIT B - 1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION SURVEY OF CLARKWOOD ESTATES A 84.710 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED IN DOC # 2007036276 O.P.R.N.C.T. EXHIBIT E-2 ayden DATE1 09/28/23 urveying' �4`'''vISTEIp` S7 905 DELTA OR, Gj.-�•L A •Fy•: , CORPUS CHRISTI,TEXAS 78412 �fNYy PHA 361-761-728-7188 •'`' I,THE UNDERSIGNED,IN MY PROFESSIONAL OPINION,HEREBY ['„•HA1'f]Ei�4..ik, STATES THAT THIS SURVEY PLAT HEREON IS TRUE AND CORRECT ............ •- AND WAS PREPARED FROM AN ACTUAL ON THE GROUND SURVEY 4448b UNDER MY DIRECTION,ALL MONUMENTS WERE FOUND OR SET AS ••.F3_., ��qb,•� REFLECTED ON THE SURVEY PLAT THAT THERE ARE NO f=,•••+�B$51••.••.ti ENCROACHMENTS AN BOUNDARY CONFLICTS EXCEPT AS SHOWN ON THE SURVEY PLAT. f���: V�,�' THE DIMENSIONS SHOWN ON THIS BRAVING ARE FOR THE USE OF TITLE AND MORTGAGE COMPANIES IN CONNECTION WITH THIS TRANSACTION AND SHALL NOT BE RELIED UPON FOR ANY OTHER PURPOSE. MEASUREMENTS SHOWN ARE FROM THE PROPERTY LINE TO THE FOUNDATION,AND FROM CORNER TO CORNER OF THE FOUNDATION. NO EASEMENT RESEARCH HAS BEEN PERFORMED BY HAYDEN SURVEYING,INC. ALL BEARINGS AND DISTANCES SHOWN ON THIS SURVEY MATCH THE RECORD PLAT. BUILDING SETBACK LINES ARE AS INDICATED ON RECORD PLAT. TEE SLFVE".-.iEWN HEREON WA$MACE UPON THE GREUN➢ UNDER NY SUPERVISIN.VISIBLE ENCROACHMENTS, EASEMENTS,➢ISCREPANCIES,PRETRUSID4S IF ANY,ARE SHOVN HEREDN THE PRCPERTY gByTS q PUBLIC �PRUFESS11IN4L.' / N➢,44B6 �Y 2 9 (MEAS)N88-58'39"E 2431.67'(TO R.O.W.) P O FND 51W IR (PLAT)N88-58'41"E 2481.31'(TO OF ROAD) 73,65 49.75 FND 5/8•IR (MEAS) S01'02'01"E m r- 291.45' 49,73 In z• R=1005.00' MONNUMRE T 0 0l gg°' g1 (MEAS L=250.25 J LA o a z W `b$ L0�$ (PLAT)L=251.39 O Cyl o ro CB=SO8'1O'12"E J •P u! _¢ CL=249.61' FND BRASS x MOONUBAE T • 51579'57•E 0 3 (MEAS) �Pu19.36' 87.57 ACRE TRACT OUT OF S15'09'20"E (PLADN7925.57• 00 I W A 254.07 ACRE TRACT DESCRIBED 386.27 .0 727.4s' W '9 Z1 IN DOC #2007036276 FND BRASS 5 O.P.R.N.C.T R=905.00' M C DMTT AND DOC# 2019023660 AS)L=225.41 ti O.P.R.N.C.T Pp AT)L=225.53 �. CB=SO8'17'47"E FNRAss p N N CL=224.82' M Due T m N m (MEAS) S01'06'47"E o 337.76' o r 67,5' CPL EASEMENT (PLAT • • • T C� • • ;:T• NAIL S89'14'3 "W FND s/B•IR (PLAT)S89'14'47'W 2640.95' (TO OF ROAD) 50.33 (MEAS)S89'14'32"W 2590.95' (TO R.O.W.) EXHIBIT B - 2 SURVEY OF CLARKWOOD ESTATES A 84.710 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED IN DOC ## 2007036276 O.P.R.N.C.T. SCALE: 1"-500' EXHIBIT"F" STATE OF TEXAS COUNTY OF NUECES Field notes of a 1.254 acre tract of existing Nueces County Road 36 right-of-way and paved roadway width, said tract being more particularly described by metes and bounds as follows: COMMENCING at a brass monument found in the westerly right of way line of Farm to Market Highway 2292, said point being the point of tangency of a circular curve to the right, said curve having a radius of 905.00 feet and a chord with a bearing of S 08' 17' 47"E and a length of 224.82 feet, said point also being the POINT OF COMMENCEMENT for this survey; THENCE,S 010 06'47"E,a distance of 337.77 feet along the westerly right-of-way line of Farm to Market 2292 to a PK nail set at the intersection of the westerly right of way line of Farm to Market Highway 2292 and the centerline of Nueces County Road 36, said point also being the POINT OF BEGINNING of this survey and the northeast corner of this tract; THENCE, S 010 06' 47" E, a distance of 25.00 feet, to a point at the intersection of the westerly right of way line of Farm to Market Highway 2292 and the southerly right of way line of Nueces County Road 36, said point also being the northeast corner of a 9.23 acre tract described in a special warranty deed from Scott L. Anderson, Karan A. Martin, Craig F. Anderson, Neal B. Anderson, and Kevin W. Anderson to Anderson Land, Ltd., as recorded under Document No. 2013002088 of the Deed Records of Nueces County,Texas, and the southeast corner of this tract; THENCE, S 890 14' 32"W along the southerly right-of-way line of Nueces County Road 36 a distance of 1576.37 feet,to a corner in the southerly right-of-way line of Nueces County Road 36,for an interior corner of this tract; THENCE,N 000 45' 28"W along the southerly right-of-way line of Nueces County Road 36 a distance of 10.00 feet,to a corner in the southerly right-of-way line of Nueces County Road 36, for an interior corner of this tract; THENCE, S 890 14' 32"W along the southerly right-of-way line of Nueces County Road 36 a distance of 1014.71 feet, to a point in the southerly right-of-way line of Nueces County Road 36, for the southwest corner of this tract; THENCE,N 00 50' 04"W a distance of 15.00 feet to a 5/8 inch iron rod found in the centerline of Nueces County Road 36, said point being the southwest corner of a 87.57 acre tract of land being out of a 254.07 acre tract of land, said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402, Abstract 988 in Nueces County, Texas, as described in a deed from Cliff Investments, Inc., to Nasser Farahnakian recorded under Document No.2007036276 of the Official Public Records of Nueces County, Texas,and being the northwest corner of this tract; THENCE,N 890 14' 32" E,along the southerly boundary line of the 87.57 acre tract of land being out of a 254.07 acre tract of land, said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402,Abstract 988 in Nueces County,Texas, as described in a deed from Cliff Investments,Inc.,to Nasser Farahnakian recorded under Document No.2007036276 of the Official Public Records of Nueces County, Texas, a distance of 2590.95 feet to the POINT OF BEGINNING, and containing 1.254 acres of land, more or less. Page I of 2 Notes: 1.) Bearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Bounds description. I, hied C. Hayden,Jr., do hereby certify that this survey of the property legally described herein was made on the ground this day of S,z f,-��,,,,�, r 2023, and is correct to the best of my knowledge and belief. ,tG OF r. I;RED C•.ttAYt7Ea�i,Sk• , 4485 y Fred C. Hayden, Jr., RPI S No. 4486 Page 2 of 2 EXHIBIT G ayden DATEt 03/19/24 urveying,Inc. - F T( � S "aft 905 DELTA DR, �,-fit A •FF CORPUS CHRISTI TEXAS 78412 fNty PH- 361-728-7188 I,THE UNDERSIGNED,IN MY PROFESSIONAL OPINION,HEREBY Via'FRCU C.�HAYTEM.._.$.- STATES THAT THIS SURVEY PLAT HEREON IS TRUE AND CORRECT ••• AND WAS PREPARED FROM AN ACTUAL ON THE GROUND SURVEY 4486 UNDER MY DIRECTION,ALL MONUMENTS WERE FOUND OR SET ASREFLECTED ENCROACHMENTSTANDON HESBOUN ARY URVEYACONFLICTS-THATHERE EXCEPTEASOSHOWN ON THE SURVEY PLAT. ��(] � VJ� THE DIMENSIONS SHOWN ON THIS DRAWING ARE FOR THE USE OF TITLE AND MORTGAGE COMPANIES IN CONNECTION WITH THIS TRANSACTION AND SHALL NOT BE RELIED UPON FOR ANY OTHER PURPOSE. MEASUREMENTS SHOWN ARE FROM THE PROPERTY LINE TO THE FOUNDATION,AND FROM CORNER TO CORNER OF THE FOUNDATION. NO EASEMENT RESEARCH HAS BEEN PERFORMED BY HAYDEN SURVEYING,INC. ALL BEARINGS AND DISTANCES SHOWN ON THIS SURVEY MATCH THE RECORD PLAT. BUILDING SETBACK LINES ARE AS INDICATED ON RECORD PLAT. TEE!SURVEY SHOWN HEREON WAS NACE IPaE THE GPTUNE UNDER NY SUPERVISION,VISIBLE ENCROACHMENTS, CASEMCNTS,DISCREPANCIES,PROTRUSIONS,IF ANY,ARE SHOWN HEREON.THE PROPERTY A3 TS A PUBLIC � IO `TiEGISY ROFESS`i01PAL LAND— N➢.448d FNTDX BRASS p.� OWNER:FARAHNAKIAN NASSER & R=905.00' MONUMENT O SOROUSH N, TRSTEES (MEAS)L=225.41 N mm 87.47 ACRE TRACT OUT OF (PLAT)L=225.53 p N A 254.07 ACRE TRACT DESCRIBED CB=SO8'17'47"E FND BRTLID z IN DOC #2O07036276 CL=224.82' TX VE zN o O.P.R.N.C.T MONu ENT Vi AND DOCB 2019023660 (MEAS) P.O.C. o O.P.R.N.C.T S01'O6'47"E 0 337.77' (MEAS) -P P.O.B. NJ' 50'04"W CR 36 2590.95' TO R.O.W. SET•PK NAIL• (MEAS) 15.00' FND s/8•IR (MEAS)N8914'32"E �� ( so1'06'47•E (MEAS)„ 25.00' S89'14'32 W (MEAS)•W(ME ACRES 1576.37' (TO R.O.W.) 1014.71' C1R R 36 R.O.W.RN0045'28 10.00' &PAVED ROADWAY Vil DT OWNER:DAVD HOLSCHUR OWNER:MUFF SAN JUAN OWNER:NUECES COUNTY OWNER:MAERSON LAND LTD 5498 ACRE TRACT OUT OF IRREVOCABLE AD ION NO.3 RUAO ACRE TRACT OUT OF 9.23 ACRE TRACT OUT OF SNARES 4&5 OF THE TRUST 55DO ACRE TRACT V.12.PG.34 TRACT 14 OF THE TRACT 14 OF THE KOCUEK ASSESSORS MAP DESCRIBED OUT OF SHARES 4&5 KOCURDC PARTITION PARTITION DESCRIBED N DOC N2003O11303 OF THE ASSESSORS IN DOC N2013002088 OP.RN.C.T MAP DESCRIBED OP.RN.C.T N DOC N2003011303 O.PBN.C.T EXHIBIT G 1.254 ACRES OF NUECES COUNTY ROAD 36 RIGHT OF WAY DATE: 03/19/2024 SCALE: 1"=500' -5 J. Perales &Associates, PLLC dba r' J. J. Perales Civil Engineering and Planning Services Ky T.B.P.E. Firm # F-14207 li 1) i August 28, 2023 City of Corpus Christi Planning Department ���� � I P. O. Box 9277 Corpus Christi, Texas 78469 � p ��. Attention: Mr. Daniel McGinn, Director Subject: Petition for Voluntary Annexation by the Farahnakian Revocable Trust �, ;►� For 87.57 acres out of the Thomas Gallagher Survey 402, Abstract 988 Dear Mr. McGinn: to, 1 1 The subject tract of land is generally located at the northwest corner of the intersection of F.M. Highway 2292 and Nueces County Road 36. It is currently outside of but immediately adjoining the existing City of Corpus Christi city limits along F.M. Highway 2292 and along County Road 36. The property falls within the boundaries of the J Port/Airport/Violet Area Development Plan. 'Al.fj� j This correspondence is intended to serve as a formal letter of petition for voluntary annexation of the subject property by the City of Corpus Christi, as provided for under � j ` Section 43.0671 of Subchapter C-3 of Chapter 43 of the Texas Local Government Code. 04'_` As stated above, the property is immediately adjacent to the existing city limits of the City of Corpus Christi and meets all other ptatutory requirements for annexation. ►,' "' Additional statements requested in Exhibit B of the City of Corpus Christi Annexation ;li' ►' Guidelines are included below. Reason for request: The reason for this request is to secure full City of Corpus Christi municipal services for �. , the proposed use of the property. ., Current property land use: k'� This tract of land is currently vacant and uped for agricultural purposes. r; i", Location of existing buildings and structures: The property is currently vacant of any habitable buildings or structures and is used for ►. agricultural purposes only. No one currently resides on:the property. I!.1 �: 5866 S.Staples St.,Ste. 315,Corpus Christi,Texas 78413 �``', Phone:(361)728-7188 Email:jperales@jperalesengineering.com Proximity to existinq public utilities and infrastructure: City of Corpus Christi municipal water service is available via existing water distribution system improvements along F.M. Highway 2292 and County Road 36 immediately adjacent to the property. City of Corpus Christi municipal wastewater service is available via existing wastewater collection system improvements along F.M. Highway 2292 immediately adjacent to the property. Access to master stormwater drainageways is available to the southeast of the property. External street connectivity is available to the proposed development via F.M. Highway 2292 to the east and County Road 36 to the south. Specific retail energy and telecom service providers for the proposed development have not been established. Services are available in the area. Solid waste services would be provided by the City of Corpus Christi upon annexation. Description of proposed development and anticipated completion schedule: The proposed use of the property is entirely detached single family residential. The phasing plan for the proposed development includes 5 phases as shown on the attached phasing plan. Estimated time of completion for each phase is 18 to 24 months, depending on housing market demand. Proposed zoning and development density: Requested zoning under the City of Corpus Christi Unified Development Code will be RS-4.5, Single Family Residential with minimum lot size of 4500 square feet. Based on preliminary plans, net yield unit density will be approximately 6 lots per acre. General arrangement of existinq and proposed land uses: A preliminary lot/street layout is attached to this letter. Preliminary drainage plan: A preliminary stormwater management/drainage plan is attached to this letter. Development phasing: A preliminary development phasing plan with proposed land use data is attached to this letter. Estimates of property values: Current estimates of developed lot property values, including improvements, is approximately $250,000 per lot. J. Perales Civil Engineering and Planning Services Page 2 of 4 Proposed street plan: A preliminary lot/street layout is attached to this letter. Current or proposed utility purveyors.- Water and wastewater utilities will be provided by the City of Corpus Christi. Solid waste services will be provided by the City of Corpus Christi. Specific retail energy and telecom service providers for the proposed development have not been established. Services are available in the area. Other attachments to this petition letter include a signed and sealed metes and bounds description of the property and corresponding exhibit maps, and current Nueces County Appraisal District information related to the property. By their signatures below, the authorized representatives of the Farahnakian Revocable Trust affirm the statements included and actions requested above. Please do not hesitate to contact me should you have any questions or require additional information. Sincerely, ,0: , Juan Perales, Jr., P.E. J. Perales and Associates, PLLC dba J. Perales Civil Engineering & Planning Services Attachments: Preliminary lot/street layout Preliminary development phasing plan Preliminary drainage plan Metes & bounds description Boundary maps Nueces County Appraisal District property summary J. Perales Civil Engineering and Planning Services Page 3 of 4 Farahnakian Revocable Trust 4 if By: Pau 201 lZ d 2 Nasse F rahna '6 r Da e STATE OF TEXAS COUNTY OF NUECES This document was acknowledged before me on 0 by Nasser Farahnakian, as Trustee of the Farahnakian kevoo6ble Trust. Malisca Lars x My Comml�elon Expires � 1/15/2027 �j Notary ID131864O43 IRV Notary Public, State of Texas By: �aA/ -k 2Q 2 oCL Soroush N. Farahnakian, Trustee ate STATE OF TEXAS COUNTY OF NUECES This document was acknowledged before me on A S�- 9, 020C9.3 by Soroush N. Farahnakian, as Trustee of the Farahnakian ocable Trus Commission Lara My Commladon Expires 1/1612027 Notary ID131854643 Q �� No ublic, State of Texas J.Perales Civil Engineering and Planning Services Page 4 of 4 ZONING REPORT Case # 0224-01 Applicant & Subject Property District: 3 (Upon Annexation) Owner: Nasser and Soroush Farahnakian Applicant: MVR Construction Company, Inc. Address: 801 South Clarkwood Road (Farm-to-Market 2292 Road), located along the north side of CR-36 (County Road 36), the west side of South Clarkwood Road (Farm to Market 2292 Road), south of SH-44 (State Highway 44), and approximately 2 miles west of Corpus Christi International Airport. Legal Description: 87.57 acres out of the west 5/8 of the Thomas Gallagher Survey 402, Abstract 988. Acreage of Subject Property: 84.7 acres. Refer to attachment (A) Metes & Bounds. Pre-Submission Meeting: August, 3 2023 Zoning Request From: "FR" Farm Rural District (To be established upon annexation) To: "RS-4.5" Single-Family 4.5 District Purpose of Request: To allow for a single-family residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural District Agricultural None; (Upon Annexation) OCL (Outside City Limits) North None; Agricultural None; OCL (Outside City Limits) OCL (Outside City Limits) ROW( CR-36), Transportation (CR- 36), "RS-6" Single-Family 6, Agricultural, Agricultural/Rural South OCL (Outside City Limits) Park, Enterprise, Low-Density Residential Medium-Density Residential, OCL ROW Transportation "RV" Recreational Vehicle, (S. Clarkwood (FM-2292)), (S. Clarkwood (FM-2292)), East "R-MH" Manufactured Vacant, Flood Plain Conservation, Home, Manufactured Home, High-Density Residential, "RS-6" Single-Family 6 Agricultural, Drainage Corridor Drainage Corridor West None; Agricultural None; OCL (Outside City Limits) OCL (Outside City Limits) Plat Status: The subject property is not platted. The rezoning, to follow the annexation of subject parcel into the city's corporate limit, must precede its subdivision. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. It is within two miles of CCIA (City of Corpus Christi International Airport); however, outside any AICUZ (Air Installations Compatible Use Zones). Code Violations: None. Transportation and Circulation South Designation Section Proposed Section Existing Clarkwood "AY, (FM (Farm-to- Primary Arterial, 6 Lanes, 2 Lanes, Market) 2292) Divided, Including Median, Divided, Road Scenic Corridor, 130 feet 85 feet (TX-DOT Owned) Designation Section Proposed Section Existing "A2„ CR-36 (County Secondary Arterial, 4 Lanes, Road 36) Divided, Including Median, 1 Lane, 30 Feet (Nueces County 100 Feet Owned) Transit: Corpus Christi Regional Transportation Authority (CCRTA) does not provide any service near the subject property. Per CCRTA's technical review of the attached subdivision request, the subject property is not located along any foreseeably planned service routes; however, the scale of the development may warrant future transit services and service connection opportunities. Utilities Gas: A (1) 4-inch WS line exists along the east side of South Clarkwood (Farm-to-Market 2292) Road, (2) HP 16-inchh WS line runs along the western boundary of the subject parcel, (3) 30-inch natural gas pipeline owned by Texas Eastern Transmission, LP, runs diagonally, in a lateral direction, and (4) 4.5-inch natural gas pipeline owned by Enerfin Field Services LLC parallel to the subject parcel's western boundary. Stormwater: Provision is required per the Technical Review Committee's review of the plat. Wastewater: Adequate provision is required per the Technical Review Committee's review of the plat. A 10-inch VCP line exists along the west side of South Clarkwood (Farm-to-Market 2292) Road. Water: Adequate provision is required per the Technical Review Committee's review of the plat. A (1) 12-inch ACP lines exists partially along the west side of South Clarkwood Road (Farm-to-Market 2292) Road to its east side, (2) 6-inch ACP line exists along the south side of CR-36 (County Road 36), and (3) 54-inch CSCP line exists runs parallel to the subject property's western boundary line. 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. ADP (Area Development Plan): According to Plan CC, the subject property is outside any area-specific development plan. Water Master Plan: None has been proposed. Wastewater Master Plan: None has been proposed. Stormwater Master Plan: No improvement has been proposed. Public Notification Number of Notices Mailed 22 within a 200-foot notification area 1 outside 200-foot notification area In Opposition 2 inside the notification area 0 outside the notification area 1.35% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: March 20, 2024 City Council 1st Reading/Public Hearing Date: October 15, 2024 City Council 2►,d Reading Date: October 22, 2024 Background: The subject property is a parcel, vacant and undeveloped, immediately outside the corporate limits of the City and the established Northwest ADP along its eastern and southern boundaries, abutting the west side of South Clarkwood (Farm-to-Market 2292) Road, and bordering CR-36 (County Road 36) to the north. It is also located within two miles of Corpus Christi International Airport; however, remains outside any AICUZ (Air Installation Compatibility Use Zones). To the north and west of the subject property are OCL parcels with agricultural use. To the east, is South Clarkwood (Farm-to-Market 2292) Road, a TX-DOT owned and operated right- of-way within the corporate limits of the City, and further east are parcels zoned, north-to- south, "RV" Recreational Vehicle District that is vacant, "R-MH" Manufactured Home District with a manufactured home park, "RS-6" Single-Family 6 District that is vacant and with a drainage corridor use. To the south is the CR-36 (County Road 36) right-of-way, currently owned and operated by Nueces County, to undergo annexation, and further south, east-to- west, is a parcel zoned "RS-6" Single-Family 6 that is hosting the conforming 1950-single- family residential subdivision, San Jan 3, and parcels outside the corporate limit of the city with agricultural and park uses. The applicant is requesting an amendment from the "FR" Farm Rural District, to be established upon annexation, to the "RS-4.5" Single-Family 4.5 District to allow a single-family residential subdivision of approximately 477 lots. A petition for annexation is under filing, permitted to be conducted concurrently with a zoning amendment request, along with a subdivision application under review with the Technical Review Committee for infrastructure capacity assessment and recommendation to support the development. The "RS-4.5" Single-Family 4.5 Residential District allows for various uses including single- family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • 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. o Regulations to protect military and civilian airfield and airport use are in place. ■ Avoid development that is incompatible with the operation of military airfields and the airport. o Annexation plans provide for growth and industrial agreement in the ETJ (Extra- Territorial Jurisdiction). ■ Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic city investments in infrastructure to promote orderly and efficient development in the ETJ. Area Development Plan (ADP) and Future Land Use Map (FLUM) Consistency: The FLUM, while an element of Plan CC, is established by the ADP, and supersedes the City's Comprehensive Plan's upon adoption. The subject property is outside of any area-specific plan; therefore, no future land use has been designated. 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 Plan CC; however, there is no future land use designation, as a parcel beyond the City's limits. • The subject parcel is part of an owner-initiated petition to incorporate the subject parcel into the city's limit, supported by the annexation framework established by the city, and that as situated can aid and facilitate orderly developments in a manner beneficial to governmental and non-governmental parties as the City continues to expand. • The subject property is part of an area proposed for annexation by the Port-Airport- Violet ADP in 1995; primarily to limit incompatible uses around the airport as operations may expand. It is, however, beyond the airport development concept recommendation. No major developments appear to have been made since the ADP's recommendation nearly 30 years ago. o The subject site meets the suggested clearance recommendations from CCIA's runways of limiting any new residential development, schools, hospitals, or churches within a mile away of the either side of any existing/proposed runways and one-and-half mile from the ends of any existing/proposed runways. • The applicant's proposal is an opportunity to augment the housing stock near the airport area. The Corpus Christi International Airport's AICUZ have limited residential developments, and have made the periphery of this section of the City the most viable parts for residential use. • Staff noted that many of the land uses decisions nearby amended single-family districts, and that several types of residential uses characterize the area; including manufactured home parks. Planning Commission and Staff Recommendation: 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, the Planning Commission and staff recommend approval of the change of zoning from the "FR" Farm Rural District (to be established upon annexation) to the "RS-4.5" Single-Family 4.5 District. Attachment(s): (A) Metes & Bounds Description and Exhibit, (B) Existing Zoning and Notice Area Map, (C) Returned Notices. (A) Metes & Bounds EXHIBIT"A" STATE OF TEXAS COUNTY OF NUECES Field notes of an 84.710 acre tract of land being out of a 254.07 acre tract of land,said 254.07 acre tract comprising the west 5/8 of the Thomas Gallagher Survey 402,Abstract 999 in Nueces County,Texas,as described in a deed from Cliff Investments. Inc..to Nasser Farahnakian recorded under Document No. 2007036276 of the Official Public Records of Nueces County,Texas(the parent 254.07 acre tract). Said 84.710 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the northerly boundary of the parent 254.07 acre tract and the westerly right of way line of Farm to Market Highway 2292,said point bearing S 89' 15'26"W a distance of 64.79 feet from the northeast corner of the parent 254.07 acre tract,and being the POINT OF COMMENCEMENT: THENCE,S 01'00'33"E,a distance of 190.32 feet along the westerly right-of-way line of Farm to Market 2292 to a 5/8"iron rod found in the westerly right-of-way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44; THENCE,N 50' 10' 11"E,a distance of 19.07 feet,to a brass monument found in the westerly right-of- way line of Farm to Market Highway 2292 and northerly right-of-way line of State Highway 44, THENCE,S OF 01'25"E,crossing the State Highway 44 right-of-way,in all a distance of 1404.79 feet along the westerly- right-of-way line of Farm to Market Highway 2292 to a 5/8" iron rod found in the westerly right-of--,Nay line of Farm to Market Highway 2292, said point being the northeast comer of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer recorded under Document No.2014012029 of the Deed Records of Nueces County,Texas; THENCE, S 0V 02' 39" E, a distance of 1360,85 feet along the westerly right-of-way line of Farm to Market Highway 2292, to a 5/8" iron rod found in the westerly right-of-way line of Farm to Market Highway 2292,said point being the southeast corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Janet recorded under Document No.2014012029 of the Deed Records of Nueces County,Texas,for the POINT OF BEGINNING,and the northeast comer of this tract; THENCE, S 01' 02' 01'° E, along the westerly right-of-way line of Faun to Market Highway 2292, a distance of 291.45 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292,for an interior corner of this tract and the point of curvature of a circular curve to the left; THENCE,250.25 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the left;said curve having a radius of 1005.00 feet and a chord with a bearing of S 081 10' 12"E and length of 249.61 feet;to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior comer of this tract; THENCE, S 15' 09' 20"E. along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 396.27 feet,to a brass monument found in the westerly right-of--way line of Farm to Market Highway 2292,for an interior comer of this tract and the point of curvature of a circular curve to the right; Page l of 3 THENCE,225.41 feet along the westerly right-of-way line of Farm to Market Highway 2292 and a circular curve to the right,said curve having a radius of 905.00 feet,and a chord with a bearing of S 08'17'47"E and a length of 224.82 feet,to a brass monument found in the westerly right-of-way line of Farm to Market Highway 2292 for the point of tangency of said curve and an interior comer of this tract; THENCE, S 01' 06' 47" E. along the westerly right-of-way line of Farm to Market Highway 2292, a distance of 337.76 feet,to a PK nail set in the ecntcrline of Nueces County Road 36, said point bearing S 89' 14' 32"W a distance of 50.37 feet from the southeast corner of the parent 254.07 acre tract,and also being the southeast corner of this tract; THENCE,S 89'14'32"W along the centerline of Nueces County Road 36 and the southerly boundary-of the parent 254.07 acre tract,adistance of 2590.95 feet,to a 5/8"iron rod found in the centerline ofNucces County Road 36,said point being the southwest corner of the parent 254.07 acre tract,and also being the southwest comer of this tract; THENCE,N 0°50'04"W a distance of 1462.62 feet along the westerly boundary line of the parent 254.07 acre tract to a 5/8 inch iron rod found in the westerly boundary line of the parent 254.07 acre tract,said point being the southwest corner of a 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No. 2014012029 of the Deed Records of Nueces County,Texas,and being the northwest corner of this tract; THENCE,N 88'587 39'E,along the southerly boundary line of the 70.00 acre tract of land described in a special warranty deed from Nasser Farahnakian to Danny Jauer as recorded in Document No.2014012029 of the Deed Records of Nueces County,Texas,a distance of 2431.67 feet to the POINT OF BEGINNING, and containing 84,710 acres of land,more or less. page 2 of 3 Notes: 1.) Bearings are based on Global Positioning System NAD 83 Zone 4205 Datum 2.) A map of equal date accompanies this Metes and Bounds description. 1,Fred C. Hayden,Jr.,do hereby certify that this survey of the property legally described herein was made on the ground this day of 2023, and is correct to the best of my knowledge and belief. C O F rC .. i of N'G�53'cn��9� I;REL?G_HAYDEN;�k�: A 4486 Fred C.Hayden,Jr., RPLS No.4486 Page 3 of 3 ayden DATEI 09/28/23 urveying,Inc. Ott' GtsTEp ¢9�, 905 DELTA➢R. a CCHRISTI,TE%AS 7641P ^. I PH-36L-]e6-]iB8 ' HIRED C.HA1'bCml;_.?,_ 1,THE UNDERSIGNED,OI MY PROFESSIONAL OPINION,HEREBY HIRED STATES THAT THIS SURVEY PLAT HEREON IS TRUE AND CORRECT A 4 B IE AND WAS PREPARED FROM AN ACTUAL ON T GROUND SURVEY REFLECTED DN THE SURVEYOPLAY THATNUMENTS TERERE VAREND pwSET AS rf9PpS3BEiV vQ'� OENOACXM ➢®NOA QJTS ANDRY CONFLICTS EXCEPT AS SHOWN ON THE SURVEY PLAT, (MEAS)N89'15'26'E 2471.87' P.C.C. THE DIMENSIONS SHOWN ON THIS DRAWING ARE FOR THE c� ANII (PLAT)W891 5'26"E 2471'83 9190'33"E 05f OF 717 AND MORTGAGE COMPANIES IN CON 711% IX CO IUSiCa®) • • UPON FOR ANT OTH RI0PURPDSE HALL NDT RE RELIED 9D32' TRACT A TRACT B TRACT C TRACT D TRACO E A9'97 THENCULMEATS SHOWN ARE FRDX THE PROPERTY LINE TO FAO 1N om N C 3>B'IN N50'10'1 E THE FOUNDATION,AND FROM CORNER TO CDRNR OF THE 19.U]} FO°NDAT"M ^; NO EASEMENT RESEANCH HAS BEEN PERFDPNED RY STATE HIGHWAY 44 HAYDEN SURVETIND,DICE • PW.MDiH vua A. ALL BEARINGS AMD 0LS" 11 SNOWN ON THLS SURVEY Mee I MATCH THE RECDRB PLAT. AN.3/d P N• ix A DUILDAHD SETUACK LINES ARE A5 INDICATED ON REWRB PLAT •� N O e� ONES My S SHOWN HEREON WAS E UPW THE GROINp Z TRACT F r Ij $ CASEHENTS,, Rs P1u�xlEs�srHITN IT RANT,,AaE © DWNERBJ3(M RER CREEK LTD 01✓rFOF A��A 00 y nERED 11 PNuPE,.1 Aauii A eua ER LOT 1 DLOCB 1 29.75 ACRE TRACT OUT OF PH O . DEATON ER sLmNaw A 2540 ACRE TRACT DESCRIED nj 0000 20210420Q N m #2@7plt n � R➢TVFRDFL537disC"CRiII3TAl�7pt— � U7 O.PILRC.T MXBA OOC/2WT�Dfitb ## Em O •� 59 A w NDL _ D/N'Ix ND I ~ ae 1t•ro xo 3�N no 1 �.r)Na�Xsslg°E� AC5.5# qW Si 1NW 351E M I m PF 918.17' W '�". [bl • TRACT A OWNER;J.E.ICECONSTRUCTION N.o SAr I (PLAT)NB9�5'37"E SERVICES I 916-53 d SO4 ACRE TRACT OUT OF (MEAS)N89-1 rxu o1.1R I 654 A 5'24"E CRE TRACT 00C#2015013748 OWNER 0A124Y,VIER to a• ➢ TDLU ACHE MART OUT I TRACT D OWNER:JJr A 2E407 MRE TRACT DESIOR CONSTRUCTION SERVICES IN DOC r"7035276 _ 1.50 ACRE TRACT OUT OF �clf�N oociARm vMV22XB rn DOC ACRE TRACT �o A rsAcr c OWNER:COYOTE RfAL f STATE OCK No LLC 2431.67'(T0 R.O.W.) LOT 1 BLOCK 1,COYOTE ACRES(PLAT)N88'56'41'E 2481.31'(T0(L OF ROAD) VOL.68 PG.156 DOC 11114005185 S0ro2'o1'E TRACT D OWNER:COYOTE REAL 291.45' •L,, ESTATE OCL0 J.C LLC �'�• € R-10D9.00' � V' LOT 2,BLOCK J.COYOTE d 4�' (AIRS}L=250.25 :O ACRES (PLAT)L-251.39 O VOL fib PO-1S$ CB=SDe'10'1�'E J OOC#2014005185 gi CL=249.61 777 I%A%Ny TRACT E OWNER;TEXAS CITY I e ; (TEAS) Mr R-905. VENTURE.LTD EG DA.710 ACRE TRACT OUT OF S15T:9'20'E (Pur1'H>R7aBT• LOT 1,44 CAMER0N m PS A 254D7 ACRE TRACT DESCRIED 3B6.27' f>.b' SlBIDPOSION N 5 A9�,�9NA N DOC 02007005275 VOL.67 P6.655 •� • .cTD "g1 OP.RNCT 00' AND ppCi 2°1gp2g6° 00C#2014006441 (PLAT}E=225 Ste' 0PJi11CT (MEA5)L=225.41 .53 CB=508'1Y47'E TRACT F GAINER AO REALTY v CL=224.62' , ASSETS,LLC LOT 1.BLOCK 1 sm'ps'4YF SUhhRSE BUSINESS PARK 337.76' VOL.66 PG.184 M � DOC#200703OB48 mo 3�la • PLA sa�J1313D1`'vi �Q¢iDS M 264�(T RDAO}- "mX se Ya'3z'W (MEAs)se974.32'W 259C.95 (TO—A., sD.3T SCALE: 1'=700' EXHIBIT 13- 1 SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION SURVEY OF CLARKWOOD ESTATES A 84,710 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED IN DOC # 2007036276 O.P.R.N.C.T. F--, yden DATE, 09/28/23 vevinglnc. %6.0F r(� QL °c� c.6%a E�dO Fyn EXAS 70412 7190 Y---AL OPINION,HEREBY Mt:D C•HAN'DDl: STATES THAT THIS SURVEY PLAT HEREDJ IS TRUE AND—RECT A WAS PREPARE➢FRO-AN AEIUR DN THE—RID 1—Y _ 4486 DNER MY DI-71-ALL MDNWENTS WERE FWND DR SET AS �+ AfSSY��`ti EnmNnSBRETHERE EXESDwR ESm -Y -T -TA —N DN �\THE SMVEY RaT 5'll4i� poITS T�R1x L ICf R BEL E IE. l FOR AHr price�vrei,... EASI.EICNTS I—ARE Tmx THE F—ERTY LIE TO TIE F9IN0ATIl.1,ANY FRoI C ERN EDIIER E THE FE. TION, IO EASE NT ESGRCX XAS EEN PERFWIE.RY .,DE.SURD—,ME, ALL.EARINR9 Alm REYTAM6 SXWN IN TMIY—1 HAT.THE R...RAT. ...1.SETMD.LIM..—A.I—TED DM R6DXD RAT. v_Y 51 -HEREON-1 HARE WW IK HxOWD WOE—SLKRVI—C M R IT ENEIIN&I ANY, EASEMEMS,RISDERANCIES,PRQTRHSI@dS IF ANY,ARE 99WN/HFAEW.TXE PRIPER'TYMJA/TS A PIIpJ\p�Rp�,W\.\ NfIN➢L ! i z • (MEAS)NBB'56'39"E 2431.67'(T0 R.O.W.) P•O ITID a/s'IR (PLAT)N88'56'41"E 2481.31'(T0 q OF ROAD) &65 49.75 FNDSe w (MEAS) S01'02'01"E m 291.45' 49,7 � z• g R=1005.00` Fll P M wu.EHI J o Q q5° 9� (MEAS)L=25025 No Nol Z$ 9 ygN6 (PLAT)L-251.39 I O o N CB=S08°1D'12"E $ J a ul ("jlp� CL-249.61' END BRASS MUNY➢K-NT AT�1519°S7E • �ge (MEAS) 84710 ACRE TRACT DDT OF S15'C9'20"E 0' �k'7pxy,a OJ $ A 25407 ACRE TRACT DE 386.27' T�748' 7�' IV a 9� yi N DOC d2007D36276 Enu WAss > J I hg� �9 O.PR.N.C.T R=905.00' TY M°�T 56 b� AND DOCN 2019023660 (MEAS)L-225.41.. T h <,5 O.PR.N.C.7 (PLAT)L=225.53 mm• CB=508'1 T47°E rNo exAsg N CL-224.82' DDVNUMEFT rn n (MEAS) N Do 501�O6'47"E 337.76' 673'CPL EASEHEHT _ • m� • RRRRR* m� . (PLAT) FHo s/R•lR (PLAT)589'1447"W • T ER 36 2640,95' (TO CL OF ROAD) SET'PN NN 58974'32"w (MEAS)S89'14'32"W 2590.95- (TO R.O.W.) 50,37' EXaH[IBIT B—2 SURVEY OF CLARKWOOD ESTATES A 84.710 ACRE TRACT OUT OF A 254.07 ACRE TRACT DESCRIBED IN DOC # 2007036276 O.P.R.N.C.T. DATE: 10/13/2023 SCALE: 1"=500' (B) Existing Zoning and Notice Area Map 0 is g RV 12 22 DONNA AVE jARBRA AVE MH SUCT NN DR BJE 3 20 ,PROPER-TY MEAN AVE 4 S_ 5RM 1 17 16 °C 8 11 18 �13 N4 1 15 19 2 O X RS- Q 6 �- CAP.ULAR. =NEW 0 (J/ CASE: 4- �tl�r. `yRa Zoning and notice Area 4 _ RM-1 Multifamilyi IL Light lnd ustrial RM-2 Multifamily 2 IN Heavy Indtiatriat - e RM3 Multifamily 3 PUD P n lan od Unit Do,Overlay 't ON Professional Office RS-15 Single-Famlly to RNAT MWtifamily AT R" Single-Family 6 CN-1 Nalghhorhood Commercial RS4.5 Single-Family 4.5 CN-2 Neighborhood Commercial R5-TF T-Famify CR-1 Resan Commercial RS-15 Singla-Family 15 CR-2 Res an Commercial RE Residential Eamm CG-1 Cenaral Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permh - CI Intensive Commercial RV Recreational Vehicle Perk CBD Downtown merc Comial RMH Manufactured Home CR-3 Rasen Commercial FR Forma Rural H Historic Overlay $j-+$fE(,`T BP Business Pad PROPERTY SvSirRPmped' 0_N C wznzao'natr. �/ rsw. 4 ow e,a.,an oo•ya�o owners Citorpusy of CATI Esri,HERE C LQON MAP altaNt rayrrrarsM'alae� Xinog„rrvrran CNl1'1541 _- - (C)Returned Notices PUBLIC HEARING NOTICE- CITY PLANNING COMMISSION Rezoning Case No. 0224-01(ZN8176) �jasser&Sc.Cush Farahnakian have petitioned the City of Corpus Christi to consider a change of zoning from the"FR" Farm Rural District(upon annexation)to the"RS-4.5"Single-Family 4.5 District resulting in a change to the Future Land Use Map The property to be rezoned is described as: A property located at or near 801 South Clarkwood Road and described as 84.7 acres out of the west 5/8 of the Thomas Gallagher Survey 402,Abstract 988,located along the north side of Nueces County Road 36 and the west side of Farm to Market Road 2292(Clarkwood Road),south of Highway 44,and west of Corpus Christi International Airport. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, February 21, 2024, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the 6th Floor Conference Room at City Hall, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or r ti denial, or approval of an intermediate zoning classification and/or Special a Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361)826-3240. 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 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingl6s es limitado, habra un interprete en la junta para ayudarle. Para mas informaci6n, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person,by telephone call or by letter. 7 Tex.Admin. Code§211.006(d), 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 zoning(a)cctexas.com. Property Owner(s)Name: f+ �y Address: Phone No: ( ) IN FAVOR] 1K)IN OPPOSITION REASON: l/��'�� ��.�1!✓� //`l �t� T"r-/'`r� Signature Planner Assigned:Saradja Registre Email:SaradlaRCcDcctexas com Phone:361-826-3574 INFOR Case No:ZN8176 Property Owner ID: 11 PUBLIC HEARING NOTICE CITY PLANNING COMMISSION Rezoning Case No. 0224-01(ZN8176) o E� Nasser& Soroush Farahnakian have petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm Rural District(upon annexation)to the"RS-4.5" Single-Family 4.5 District, resulting in a change to the Future land Use Map.The property to be rezoned is described as: A property located at or near 801 South Clarkwood Road and described as 84.7 acres out of the west 618 of the Thomas Gallagher Survey 402,Abstract 988, located along the north side of Nueces County Road 36 and the west side of Farm to Market Road 2292(Clarkwood Road),south of Highway 44, and west of Corpus Christi International Airport. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, March 20, 2024, during one of the Planning ■� Commission's regular meetings, which begins at 5:30 p.m., in the 6th Floor Conference Room at City Hall, 1201 Leopard Street.You are invited to attend ■ this public hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special ■ Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361)826-3240. 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 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habr6 un interprete en la junta para ayudarle. Para mas informacion, favor de Ilamar al Departamento de Servicios de aesarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appicant conceming an application or appeal,either at home or office, or in person, by telephone calt or by letter. 7 Tex.Admin. Code§211.006(d), Corpus Christi Unified Oev. 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 zonniijngacclexas.com. Property Owner(s)Name: ,( I IGG( Address: 443 Phone No: I `77 z` ( ) IN FAVOR ( IN OPPOSITION —{� / 3 6/ _ !y) — REASON: %h�e l 4(areziSC. i tt ��r'� lu l�1�1 y.5 WUu rtc� a Signaturel Planner Assigned:Saradla Registre Email:SaraAaRpcclexas.com Phone: 361-826-3574 INFOR Case No:ZN8176 Property Owner ID: 4 Clarkwood Estates Annexation and Rezoning and County Road 36 Right-of-Way Annexation Public Hearing and First Reading Ordinance City Council Presentation \ October 15, 2024 Location _ n SITE`I' ,..g' Ap N ,�..,. Clarkwood Estates Master Plan f Nlj 1 ' Clarkwood Estates � Subdivision: ❖ 87.57 acres - ;�1 ❖ Rezone to RS-4.5 ,� , ,�� • � •'• 476 housing units • ,. ❖ One stormwater detention lot a o• Approximately roximatel 5-10 f _ �... years to buildout ❖ Average Unit Price _ $250k 3 Existing Utilities - _ Cyrote Aa t *_ „I 6Y1;w%Vo0a eksr AO"SR _ ; �ULl"'Li:ClS�II1LL4a SITE CZAR-OD NORM N r 4 Annexation of a 2,590 Linear Foot Portion of CR 36 ' � q i mom i 1�117 . aR" i�7 a. ry CR 36 Current Condition At the Clarkwood Road Intersection At San Juan Park .w. b , At San Juan Subdivision Entrance At West End of CR 36 Annexation Area low Md Staff Recommendation Approval of the annexation and rezoning as presented Questions? .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 15, 2024 Second Reading for the City Council Meeting of October 22, 2024 DATE: September 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 7213 State Highway 361 CAPTION: Zoning Case No. ZN8435, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) SUMMARY: This item is to rezone the property to allow for a planned development with a mix of uses such as a new gas station, a retail center, and apartments. BACKGROUND AND FINDINGS: The subject property is a vacant 1.49-acre tract out of a parent parcel for a master development to include retail sales and service, overnight accommodations, and multifamily uses and, located along the east side of State Highway 361, out of the Mustang Island area, and 2 miles north of the Mustang Island State Park. A master preliminary plat for the entire site was approved by the Planning Commission, and the necessary permits for barrier island developments were obtained. There are mitigation efforts attached to the overall site due to several violations, which include the filling and dredging of 1.2 acres of wetlands. The development will impact the entire 7.64 acres of wetland identified on-site by the Army Corps of Engineers. The subject property is zoned "RM-AT" Multifamily Apartment Tourist District, which is typical to the Padre/Mustang Island area with the greatest concentration to the Mustang Island area (measuring approximately 6 miles), north of the Mustang Island State Park's Fish Pass, south of the Port Aransas's city-limit line, and along the east side of State Highway 361. The typical zoning district along the west side of State Highway 361 is "FR" Farm Rural District, the zoning district, which is granted upon annexation, and where zoned otherwise were results of an amendment to the "FR" district of origin. The area east of State Highway 361, north of the Mustang Island State Park, and south of the Port Aransas city line was annexed in 2001 , while the area west of the highway was annexed 2-3 years prior. To the north of the subject property, the parcel was recently rezoned to the "RV" Recreational Vehicle District (7/29/2024, Ordinance No. 033420). To the east of the area of request is the remaining parent-parcel zoned "RM-AT" Multifamily Apartment Tourist District slated for single-family uses and a hotel development. To the west of the site and State Highway 361, properties are zoned "FR" Farm Rural and "RM-AT" Multifamily Apartment Tourist District and are vacant. To the south, is a townhome development zoned "RM-AT/PUD" Multifamily Apartment Tourist with a PUD overlay. The "CN-1" District allows office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The proposed rezoning is consistent with Plan CC, the ADP and FLUM. The proposed amendment strongly ties into the Blended Residential Community and Destination Location vision theme of the ADP; furthering the development goals of the plan. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1 .a), and visual barriers such landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 24 notices were mailed within the 200-foot notification area, and 2 outside the notification area. As of October 11 , 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 (September 4, 2024) Planning Commission and Staff recommend approval of the change of zoning from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Vote Results For: 6 Against: 0 Absent: 1 Abstained: 0 Vacant: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8435, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 1.49-acre tract of land situated in the Waterbury J.W. Survey 596, Abstract 408, Land Script 167, as shown in Exhibit "A"&"B", from: the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 7213 State Highway 361 (SH-361). 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 conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. 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. 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 A METES AND BOUNDS DESCRIPTION FOR A 1.499 ACRE REZONING Being a 1.499 acre tract of land situated in the J.W.Waterbury Survey No.596,Abstract No.408,Land Script 1G7,Nueces County, Texas and being a part of a called 29.999 acre tract described by deed to Mustang Island LLC and being more fully described as follows: Beginning at a 14-inch iron rod found for the southwest corner of said 29.999 acre tract of land,same being the northwest corner of Lot 2A,Block 1 of Sunrise Shores,according to the plat recorded in Volume 67 Page 464,Map Records,Nueces County,Texas, and being on the southeast line of State Highway 361(having a 120-foot right-of-way); THENCE North 30'17'20"East,with the southeast line of said State Highway 361,a distance of 309,44 feet to a point for corner; THENCE South 56"25'25"East,a distance of 211.16 feet to a paint for corner; THENCE South 30"19'10"West,a distance of 309.58 feet to a point for corner; THENCE North 58"23'01"West,a distance 211.00 feet,contalnfng 1,499 acres or 65,315 square feet of land. I CERTIFY THAT THIS SURVEY WAS CONDUCTLO UNDER MY DIRECTION AMC SUPERVISION. 3 441G55 r,p'ti'I AtLLEN W.KERLEY doe 4210 r o ' 0 fu B z 2 'z Regislared PraTessinnel Land Surveyor N Allen W.Kerley,R.P.L.S,Ne,5427 K DRAWN BY; Cow APPROVED BY'. AWK ZONING EXHIBIT a DATE: 70r190123 Jos NO: 2021.1026 o DRAWING NAME: WATERBURY ZONING 1.499 ACRES SHEETNO: OF 2 J.W.WATERBURY SURVEY NO.596 PROJECTION:TEXAS STATE PLANE SOUTH CENTRAL LAND SCRIPT 167 GEO.DATUM:NAD53 I VERT.DATUM:NAVD88 NUECES COUNTY,TEXAS _ GRID VNITS:US SURVEY FEET 0.0.��rr y.�yy,�YY a L.L+111—HLY� wY C1iG l�4i T ftEV.NO: ea REV.DATE: --1--l— e REVISION DESCRIPTION: S Page 3 of 5 CORPUS Mu ais Me Eumm BAYTI FDRTD�I DD... 49 � B£ACVt VIEW pR SLIEJELT O S U EM r / MUSTANG 9qQ ✓ ISLAND GULF OF �� sEawnvDR MEXICd A� 9� f FRONfSIOE HOR VICINITY~ ` 0 \ o N� �6. 60 �n30 EXISTING ZONING: RNl-AT so, PROPOSED ZONING: CN 65,315 SQ.FT, P.a.B. 1.499 ACRES PART OF CALLED 29.999 ACRES MUSTANG ISLAND LLC �,� DOC NO. 2014040031 �'�y Q`� O.P.R.N.C.T. I CERTIFY THAT THIS SURVEY WAS CONDUCTED UNDER MY DIRECTION AND SUPERVISION. ALLEN W. K€RLEY Fs�a54270�: LOT 2A,BLOCK 1 SUNRISE SHORESL ,SRN 3 VOL.67,P&464 Registered PrD{e 113nal Land Surveyor Z o M.R.N.C.T. Allen W.Kerley,R.P.L.S,No.5427 ZONING /' v7 DRAWN BY' COW APPROVEDBY: AVVK ZONING EXHIBIT DATE; 1 011 912 0 2 3 JOB NO', 2921.1026 © ORAWINGNAME: WATERBURY ZONING 1.$49 ACRES SHEET NO 2 of 2 J.W.WATERBURY SURVEY NO.596 7 PROJECTION:TEXAS STATE PLANE SOUTH CENTRAL LAND SCRIPT 167 GEO US SURVEY FEET DATUM::NADB3 I VERT.DATUM:NAVOBB GRID UNITS N[JE+[,•E+S COUNTY,TEXAS a i.w;A{ri A:." if'lli Y ey REV.NO: DD FREV,DATE: —f--I— REV.BY: — ry � REVISION DESCRIPTION: Page 4 of 5 Exhibit B FR SUBJEC/T �aPROPER.TY �6 S RM AT wag �M6 R•M-AT �9tiR0 SUBJECT PROPERTY W WITH ZONING p p' WE ® S Subject Property A�1 pa Artment Howie 17, : 41 L_n lM usvial Bi— A-IA Apardneltl Hare!Li..., F2 L94 lnduimal DRdim A-2 Apartmmt Hoax Dts>Lt W Heavy lndu l Diabicl AH Profnsionat Off D.strxl PUB Flannel Dnrt D.-"— AT A"ir l-Toatet Dlseia RAA 0-family 6re.g Dl 6-1 Nephbo_Bevness DlstrwV R-16 One family Drel"Oisbict B-IA Nepli c -d Business Dlsklet RAC One fan iy Dtp relk 00 1. B-2 6 yhom Bo s Di_ R-2 Mukpf Drell g Drs - B-2A B rtier Wand 18 w.rtess Df9SMY RA Ones milt'D ing Dion[: � 83 B su,eseD tact: RE R -dentialEst District SUBJECT R 6u Di— R-TH T house Dweltrp Bi— PROPERTY 6-5 Primary Business Dsm i Sp Si e 'Pmnd 3-0 P rm Bcskress Coin D'..i. T-IA Navel Trailer Palk Ci i. 1 B0 Ca Chrt B.eaeh Design D¢ T-1B ManNapured Hare Perk M.— Cit'Ol F-R F.—R� IDa �-iC kanuraaaldHanlstmmw:inn C���Dy Esri,HERELOCATIM MAP HC H�sprKal{yt(ural LdMmdAk Blsvict CNtT1SI1 PrlSlrva{pn Page 5 of 5 ZONING REPORT Case No. ZN8435 Applicant & Subject Property District: 4 Owner: Mustang Island LLC Applicant: Susana Rios Address: 7213 SH-361 (State Highway 361), located along the east side of State Highway 361, south of Beach View Drive, and north of La Concha Boulevard. Legal Description: 1 .49-acre tract of land situated in the Waterbury J.W. Survey 596, Abstract 408, Land Script 167. Refer to attachment (A) Metes & Bounds Acreage of Subject Property: 1 .49 acres Pre-Submission Meeting: July 2, 2024 Zoning Request From: "RM-AT" Multifamily Apartment Tourist District To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow for a planned development with a mix of uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-AT" Multifamily Vacant Planned Development Apartment Tourist "FR" Farm Rural, Vacant, Planned Development, North "RV" Recreational Vehicle Transportation (SH-361) Transportation (SH-361) "RM-AT/PUD" Multifamily Vacant South Apartment Tourist with a Low-Density Residential Planned Development PUD Overlay East "RM-AT" Multifamily Vacant Planned Development Apartment Tourist "RM-AT" Multifamily Transportation SH-361 , West Apartment Tourist, p ( ) Transportation (SH-361), Vacant Planned Development "FR" Farm Rural Plat Status: The subject property is not platted; however, a master preliminary plat was approved by the Planning Commission on July 26, 2023, for the development of the parent parcel. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing State Highway "RA3", 4 Lanes, 2 Lanes, 361 (SH-361) Primary Rural Arterial Median V-Ditch, Drainage per Side, Drainage per Side, 120-Foot ROW 250-Foot ROW 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. ADP (Area Development Plan): According to Plan CC the subject property is located within the Padre/Mustang Island (Adopted on June 29, 2021). Water Master Plan: Outside ADP/Master Plan Area (Nueces City Water District No.4) Wastewater Master Plan: Outside ADP/Master Plan Area. Stormwater Master Plan: Outside ADP/Master Plan Area (North Beach and the Island are tidally influenced). Roadway Master Plan: Outside ADP/Master Plan Area. Public Notification Number of Notices Mailed 24 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: September 4, 2024 City Council 1st Reading/Public Hearing Date: October 15, 2024 City Council 2►,d Reading Date: October 22, 2024 Background: The subject property is a vacant 1.49-acre tract out of a parent parcel for a master development to include retail sales and service, overnight accommodations, and multifamily uses, and located along the east side of State Highway 361 , out of the Mustang Island area, and 2 miles north of the Mustang Island State Park. A master preliminary plat for the entire site was approved by the Planning Commission, and the necessary permits for barrier island developments were obtained. There are mitigation efforts attached to the overall site due to several violations, which include the filling and dredging of 1 .2 acres of wetlands. The development will impact the entire 7.64 acres of wetland identified on-site by the Army Corps of Engineers. The subject property is zoned "RM-AT" Apartment Tourist District, which, is typical to the Padre/Mustang Island area with the greatest concentration to the Mustang Island area (measuring approximately 6 miles), north of the Mustang Island State Park's Fish Pass, south of the Port Aransas's city-limit line, and along the east side of State Highway 361 . The typical zoning district along the west side of State Highway 361 is "FR" Farm Rural District, the zoning district, which is granted upon annexation, and where zoned otherwise were results of an amendment to the "FR" district of origin. The area east of State Highway 361 , north of the Mustang Island State Park, and south of the Port Aransas city line was annexed in 2001 , while the area west of the highway was annexed 2-3 years prior. To the north of the subject property, the parcel was recently rezoned to the "RV" Recreational Vehicle District (7/29/2024, Ordinance No. 033420). To the east of the area of request is the remaining parent-parcel zoned "RM-AT" Multifamily Apartment Tourist District slated for single- family uses and a hotel development. To the west of the site and State Highway 361 , properties are zoned "FR" Farm Rural and "RM-AT" Multifamily Apartment Tourist District and are vacant. To the south, is a townhome development zoned "RM-AT/PUD" Multifamily Apartment Tourist with a PUD Overlay. The "CN-1" District allows office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. Plan CC Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and a 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. 6. Promote the monitoring of current development to identify infrastructure capacity deficiencies in advance of future development. Padre/Mustang Island Area Development Plan (ADP) and Future Land Use Map (FLUM) Consistency: The proposed rezoning is consistent with the ADP. The rezoning is consistent with the future land use designation of Planned Development. The applicant's proposal is consistent particularly with the vision themes and policy statements and implementation below: • Blended residential community and destination location: o Promote tourist-oriented 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 both the ADP and FLUM. • The proposed development is part of a master plan that includes a mixture of land uses. The Comprehensive Plan describes planned developments as lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. • The proposed amendment strongly ties into the Blended Residential Community and Destination Location vision theme of the ADP; furthering the development goals of the plan. Tourist-oriented developments are encouraged along the east side of State Highway 361. The master development is context-sensitive; respects its environment and supports tourism and nearby residents with the mixture of land uses to be provided. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (September 4, 2024): • Staff finds the proposed use and site contextually fitting. o Located on a barrier island, access to the coastline along the Gulf of Mexico will allow for outdoor recreational activities such as exploration by foot afforded by the preservation of public access; and eco-tourism activities such as fishing, paddling the paddling trails of the Mustang Island State Park, birdwatching, and experiencing other wildlife habitats along the Corpus Christi Bay. o When in need of entertainment and dining, the site is located between the City of Corpus Christi and Port Aransas. 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 "RM-AT" Multifamily District to the "CN-1" Neighborhood Commercial District. Attachment: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit A METES AND BOUNDS DESCRIFRTION FCR A 1.499 ACRE REZONING Being a 1.499 acre tract of land situated in the J.W.WaterbuTYSurvey No.5136,Abstract No,408,Land Script 167,Nueces County, Texas and being a part of a called 29.999 acre tract described bV deed to Mustang Island LLC and being more fuIIVdescribed as follows: Beginning at a Y:-inch iron rod found for the southwest corner of said 29.999 acre tract of land,same being the northwest corner of Lot 2A,Block 1 of Sunrise Shores,accardingto the plat recorded in Volume 67 Page 464,Map Records,Nueces County,Texas. and being on the southeast Vine of State Highway 361(having a 120-foot right-of-way); THENCE North 3W17'20"East,with the southeast line of said State Highway 161,a distance of 309.44 feet to a point for corner, THENCE South 58°25`25"East,a distance of 211.19 feet to a point far corner; THENCE South W1910"West,a distance of 309.58 feet to a point for corner THENCE North 58°23'01"West,a distance 21100 feet,containing 1.499 acres or 65,315 square feet of land. 1 C[RTIF-Y THAT THS SURVEY WAS GONG..:'T'-Il UNDER MY DIREGTIQN AND WPFRVI�;10',. ALLEN W_ KERIEY r t rr 54T7� .t k1� 5 Regiseered l-mresskmi Lend Ts n pr Allen W.Kenny,R.P,L.S,Na.5427 DRAWN BY: CDW APPROVED BY. AWK ZOINING EXHIBIT J DATE: talillaD23 ME NO: 2421,100 3 DRAWING NAME: WATEReURYZDNING 1.499 ACRES SHEET NO: 1 OF 2 J.W.WATERBURY SURVEY NO.596 PROJECTION:TEYAS STATE PLANE SOUTH CENTRAL LAND SCRIfrT 167 GED,DATUM.NAD&3 I VERT.DATUM:NAVI)BB NUECES COUNTY TEXAS GRID UNITS:US SURVEY FEET } REV,ND: M REV.DATE: -1-,L- REV.BY: .- r r-. REVISiON DESCAiI'TION: 3 T CDRYUS 5k15. 0'5 k7NiD ESTATES " CRRISTI EOArry IAGCO Ok BAY y p(Ap+wlt'N 09 y sueXCT 1� PnooeATY MUSTANG 4 e,� 1' �'�D GULF OF 0A WAY 00. MF XICO �p'i TF R idUriF(,`f 4 LIe VICINITY MAP 4� 0"=I MILE] ti �N 'a 0 EXISTING ZONING: RM-AT 610, PROPOSED ZONING, CN 112•I.R.F. P.O.B. 65,315 SQ.FT. 1.499 ACRES PART OF CALLED 29.999 ACRES MUSTANG ISLAND LLC ❑OC NO. 2014040031 O.P.R.N.C.T. I CERTIFY THAT THIS SURVEY WAS CONEUCTEE) UNDER W DIRECTION AM SUPERVISION Q 4r ALIEN W. KERLEY f �Q 5427 LOT 2A,BLOCK 1 `' R•`' SUNRISE SHORES VOL.67,PG,464 Registered Professional Lmd Survrox M.R,N.C.T, Alen W,Orley,R.P.L.5.Na.5427 DRAVM BY: CDW APPROVED BY: AWE[ ZONING EXHIBIT DATE' IVIW2023 JOBNO: 21)21AU26 DRAWING NAME. YWATERBURY ZON ING 1.499 ALREiS SHEET NO: 2 OF 2 9.W.WATERBURY SURVEY NO. 596 PROJE MON-TEXAS STATE PLANE SOUTI I CENTRAL LAND SCRIPT 107 GF0-DATUM.NA063 I VERT.DATUM:NIAVDae NUECES COUNTY,TEXAS GRID UNiTS.US SIJRVEY FEET T.BAK ER REV_No: OD REV,DATE. 4-4- REV.BY: TB-- REVISION DFSCR1PTIOW (B) Existing Zoning and Notice Area Map 24 F R 25 S[JBJEC FR(3PBR.TY R,M AdT 4 2 5 16 6 7 RM-AST15, � 1!1 3 17 11112 18 M-A T 19 1 121 22 �! �L�� CASE. ZN8435 Zoning and notice,Area `=1r RN-1 1111WHfamlly 1 IL Llget IndBehlal :RM-2 Multlfam%2 IH Heavy lndrat[lal RM,1 Mu lHramlly 9 PUP Plannea Unit Pev.oven ay pry Pfofeesldn al Pmce RE-te SIng16-family19 R111 Muldramlly uT RS£ Single-Family 6 CN4 Neighborhood Commercial RS-4-S Singla-Family A.5 CN-2 Neighborhood Cam merolal RS 7F r--Fa:mlly CR-1 Resort Cc mmemial RS-15 Sm916-Faml ly 15 CR-2 Resort Commercial RE Residential Estate C.1 General Commercial RS-TH Tovmhouaa CG-2 General Commercial SP Speclal Parmlt CI Yshenerve Commercial RV Recreational Vehicle Parl; C66 ,..nlown Gomm arc lal RMH Manufactured Hama C:RS Ra9ert Commercial FR Farm Hlalorlc 1,11re H Pday BP ®ueYs�s Park PROPERTY -%L*a "�1. PMT2.� NTO'+2PP C?" �h Taro 4 c3m 1Aannx+n'.MOM 01M CM Ot L-:,HEHERE — acgcredowrs_�fPwv2 ,n t-aopasrrm t'cri}-ul• Z CATlolV NlAF {'III kti (C) Wetland Map, Classification, and Description SUBJECT PROPERTY CASE: ZN8435 v City Wetlands Wetland Type 0 Estuarine and Marine Deepwater 0 Estuarine and Marine Wetland 0 Freshwater Emergent Wetland 0 Freshwater ForestedlShrub Wetland 0 Freshwater Pond 1 sus fcr O Lake _ FROFfRTy 0 Other Cin aunt 0 Rmrm Cuipu. E-.n,HERE LOCAnOM MAP C hri.rl The Freshwater Emergent Wetland habitat is classified as a PEM1A. PEM1A includes: 1 . System Palustrine (P) : The Palustrine System includes all nontidal wetlands dominated by trees, shrubs, persistent emergent mosses or lichens, and all such wetlands that occur in tidal areas where salinity due to ocean-derived salts is below 0.5 ppt. It also includes wetlands lacking such vegetation, but with all of the following four characteristics: (1) area less than 8 ha (20 acres); (2) active wave-formed or bedrock shoreline features lacking; (3) water depth in the deepest part of basin less than 2.5 m (8.2 ft) at low water; and (4) salinity due to ocean-derived salts less than 0.5 ppt. 2. Class Emergent (EM): Characterized by erect, rooted, herbaceous hydrophytes, excluding mosses and lichens. This vegetation is present for most of the growing season in most years. These wetlands are usually dominated by perennial plants. 3. Subclass Persistent (1): Dominated by species that normally remain standing at least until the beginning of the next growing season. This subclass is found only in the Estuarine and Palustrine systems. 4. Water Regime Temporary Flooded (A): Surface water is present for brief periods (from a few days to a few weeks) during the growing season, but the water table usually lies well below the ground surface for most of the season. Zoning Case ZN8435 V Mustang Island LLC District 4 " .< Rezoning for a property at or near 7213 State Highway 361 (SH-361) From the "RM-AT" Multifamily AT District To the "CN-1" Neighborhood Commercial District UBJECT ROPERTY. I Z , ya, SUBJECT ,. PROPERTY ' s s N E,. HER Ch�u LOCATION MAP ■ City Council October 15, 2024 Zoning and Land Use Proposed Use: 11-22-2001 To allow for a planned development with a mix of 12-20-1999 uses. ADP (Area Development Plan): Rv Padre-Mustang Island, Adopted on June 29, 2021 07-29-2024 FR FLUM (Future Land Use Map): useE�, Planned Development l�ROPER Existing Zoning District: "RM-AT" Multifamily Apartment Tourist District Adjacent Land Uses: 11-22-2001 North: Vacant, Transportation; Zoned: FIR and RV South: Vacant, Low-Density Residential, Vacant.; Zoned: RM� r N RM-AT/PUD 03-01-2021 04-18-2013 t East: Vacant; Zoned: RM-AT West: Transportation (ROW), Vacant; Zoned: FIR, RM-AT Public Notification 24 Notices mailed inside the 200' buffer 2 Notices mailed outside the 200' buffer 24 Notification Area F R 25 Opposed: 0 (0.00%) 1 E- Separate Opposed Owners: (0) In Favor: 0 (0.00%) > 4 L 6 , NRM•AYis e 111 17 llY *Notified property owner's land in SQF/Total SQF of all properties in RM•A r 819 13 the notification area=Percentage of public in opposition and/or favor. 21 Staff Analysis & Recommendation • The proposed rezoning is consistent with both the ADP and FLUM. • The proposed development is part of a master plan that includes a mixture of land uses. The Comprehensive Plan describes planned developments as lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, considering environmental and other constraints. • The proposed amendment strongly ties into the Blended Residential Community and Destination Location vision theme of the ADP; furthering the development goals of the plan. Tourist-oriented developments are encouraged along the east side of State Highway 361. The master development is context-sensitive; respects its environment and supports tourism and nearby residents with the mixture of land uses to be provided. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "CN-1 " NEIGHBORHOOD COMMERCIAL DISTRICT f SUBJECT PROPERTY yYY -S . RO CASE: ZN8435 N WE Aerial View S Subject 12 Property SUBJECT PROPERTY City of Esri, HERE Corpus LOCATION MAP Christi ATE HWY 1 t •T , 704 AT•E HWY 301 PO A ,T 70373 7213 State Highway 361 ZN8120 Ord 033420,07-30-24 "RV"Recreational Vehicle Park 10.72 acres,Not Platted RM-AT STATE HWY 3 1 RT AR,4H ,Tx 7 37 ZN 8435 • "RM-AT"to"CN-1" Rv 1.49 acres,Not Platted ZNJ8'112 ZNJ8435 41 7t1 .STATE H 3 1 P RT AR�ANSAS,Tx 7 T,;r RM•AT SP?Y�1.01 .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 15, 2024 Second Reading for the City Council Meeting of October 22, 2024 DATE: September 10, 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 11202 Haven Drive CAPTION: Zoning Case No. ZN8441 , MPM Development LLC (District 1). Ordinance rezoning a property at or near 11202 Haven Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval) (6 votes required) SUMMARY: This item is to rezone the property to allow the development of a single-family residential subdivision (136.33 acres) and commercial use (21 .20 acres). BACKGROUND AND FINDINGS: The subject property is a 157.54-acre tract in total in the Annaville area, located at the northwest corner of Haven Drive and Warrior Road. The area is characterized primarily by single-family residences and the Tuloso-Midway High School and sports campus. The properties to the north and west are residences zoned "RS-6" Single-Family 6 District. The property to the east is zoned "RS-6" Single-Family 6 District and consists of the Tuloso-Midway High School and sports campus. The properties to the south are zoned "RS-6" Single-Family 6 District and are made up of agricultural lands with softball and baseball fields. The applicant is requesting to amend the current zoning district to develop the property with a medium-density residential subdivision and commercial development along Warrior Road. Per the metes and bounds description, the development will consist of 136.33 acres of single-family residences and 21.20 acres for retail sales and services. The "RS-4.5" Single-Family 4.5 District allows single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The "CN-1" Neighborhood Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales, personal services, vehicle sales and services, and water-oriented uses. The proposed rezoning is consistent with many elements and goals of Plan CC and Flour Bluff ADP; however, is not consistent with the FLUM designation of Medium- Density Residential for a small portion along Warrior Road, where commercial uses are being proposed. During the permitting process, zoning reviews are conducted to ensure that development compatibility is achieved; through the prescription of Unified Development Code required buffer yard width and points (UDC §7.9.5, 7.9.6), increased setbacks due to height (UDC §4.2.8.D), limitations on hours of operations with certain site features (UDC §7.2.7.B.1 .a), and visual barriers such as landscaping (UDC §7.3.10) and walls to buffer noise generators (UDC §7.9.8.B). Public Input Process: Number of Notices Mailed: 53 notices were mailed within the 200-foot notification area, and 8 outside the notification area. As of October 11 , 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 (September 4, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 and "CN-1" Neighborhood Commercial District. Vote Results For: 6 Against: 0 Absent: 1 Abstained: 0 Vacant: 2 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8441 MPM Development LLC, (District 1). Ordinance rezoning a property at or near 11202 Haven Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District and the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC")and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 21.207 acres of Lots 85 and 86, Artemus Roberts Subdivision as shown in Exhibit "A", from: the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 11202 Haven Drive. Exhibit A, a metes and bounds description, and Exhibit C, a sketch and map, are attached to and incorporated in this ordinance. SECTION 2. The Unified Development Code ("UDC")and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 136.332 acres of Lots 86 thru 92, Artemus Roberts Subdivision as shown in Exhibit "B", from: the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. The subject property is located at or near 11202 Haven Drive. Exhibit B, a metes and bounds description, and Exhibit C, a sketch and map, are attached to and incorporated in this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that conflict with this ordinance are hereby expressly superseded except for the Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any Military Compatibility Area Overlay Districts, which, as adopted by Ordinance#032829, remain in full force and effect. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter. SECTION 8. This ordinance shall become effective upon publication. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 8 Exhibit A MURRAY BASS,JR.,P.E.,R.P.L.S. 3054 S.AL.arvmnA,zip 78404 NIXONM.WELSH,P.E.,R.P.L.S. 361-882-5521-rnx 361-882-1265 www.bass-welsh.com e-mail:muuavir(@aol.com e-mail:nixmwl(agmail.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 July 31,2024 CN-1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 21.207 acre tract of land,more or less,a portion of Lots 85 and 86,Artemus Roberts Subdivision,a map of which is recorded in Volume 3,Page 41,Map Records,Nueces County,Texas and being a portion of a 157.540 acre tract of land described by deed recorded at Document No.2022024084,Official Records of said County,said 21.207 acre tract of land for CN-1 Zoning as further described by metes and bounds as follows: BEGINNING at a point in the east boundary line of said Lot 85,Artemus Roberts Subdivision,for the northeast corner of the tract herein described and of said 157.540 tract; THENCE along said east boundary line of Lot 85 and east boundary line of said 157.540 acre tract, along a line 5.00'west of and parallel to the center line of Warrior Road,S00°43'51'T_1781.71'to a point in Haven Drive for the southeast corner of the tract herein described and of said Lot 85 and of said 157.540 acre tract; THENCE along the original center line of said Haven Drive,the south boundary line of said Lots 85 and 86,Artcmus Roberts Subdivision,along a line 5'north of and parallel to the center line of said Haven Drive and along the south boundary line of said 157.540 acre tract,S89°11'30"W 518.16' to a point for the southwest corner of the tract herein described; THENCE N00°45'29"W 1,613.62'thru said Lot 86 to the point of curvature of a circular curve to the left having a central angle of 100°41'18",a radius of 45.00'and a chord bearing NO2°54'46"W 69.29'; THENCE along the arc of said circular curve to the left 79.08'to a point for northwesterly corner of the tract herein described; THENCE N00°45'29"W 99.84'to a point for the northwest corner of the tract herein described in the north boundary line of said 157.540 acre tract; Metes and Bounds Description,21.207 Ac.,7/31/24: THENCE N89°18'05"E 521.62'along the north boundary line of said 157.540 acre tract to the POINT OF BEGINNING,a sketch showing said 21.207 acre tract for CN-1 zoning being attached hereto as Exhibit"C". ` OF NIXO11 iA�YYEISH � .... kon M.Welsh �osudyE Page 4 of 8 Exhibit B MURRAY BASS,.rR.,P.F,.,R.P.L.S. 3054 S.Al AMP.DA,zrr 78404 N[xoNM.WELSH,P.E.,RYL.S. 361-882-5521—rAx361-882-1265 www.bas-welsh.com a-mail:murravir(aDaotcom e-mail:nixmwl 7(Qwail.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 July 31,2024 RS-4.5 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 136.332 acre tract of land,more or less,a portion of Lots 86 thru 92,Artemus Roberts Subdivision,a map of which is recorded in Volume 3,Page 41,Map Records,Nueces County,Texas,and being a portion of a 157.540 Acre tract described by deed recorded at Document No.2022024084,Official Records of said County,said 136.332 acre tract of land for RS- 4.5 Zoning as further described by metes and bounds as follows: BEGINNING at a point in the north boundary line of said 157.540 acre tract which bears S89° 18'05"W 521.62'from the northeast corner of said 157.540 acre tract,a point in the east boundary line of Lot 85,said Artemus Roberts Subdivision,said beginning point for the northeast corner of the tract herein described; THENCE S00°45'29"E 99.84'to the point of curvature of a circular curve to the right having a central angle of 100'41'18",a radius of 15.00'and a chord bearing S02°54'46"E 69.29'; THENCE along the arc of said circular curve to the right a distance of 79.08'to a point for northeasterly corner of the tract herein described; THENCE S00'45'29"E 1,613.62'thru a portion of said Lot 86,Artemus Roberts Subdivision,to a point in south boundary line of said 157.540 acre tract in the original center line of Haven Drive, the south boundary line of said lot 86,Artemus Roberts Subdivision,for the southeast corner of the tract herein described; THENCE along said original center line of Haven Drive,the south boundary line of said Lots 86 thru 92,Artemus Roberts Subdivision,in part along a line S north of and parallel to the center line of said Haven Drive and along said south boundary line of said 157.540 acre tract,S89'11'30"W 3,185.00'to a point for the lower southwest corner of the tract herein described and of said Lot 92, Artemus Roberts Subdivision and of said 157.540 acre tract and being in the east boundary line of Lot 13,Nueces Acres,a map of which is recorded in Volume 11,Page 20,said map records; Metes and Bounds Description,136.332 Acre Tract,7/31/24 THENCE along the common lower west boundary line of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract and said east boundary line of Lot 13,Nueces Acres, N00°45'29"W 974.61'to a point for westerly central interior corner of the tract herein described and of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract and northeast corner of said Lot 13,Nueces Acres; THENCE along the common north boundary line of said Lot 13,Nueces Acres and west central boundary line of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract and common north boundary line of Coverdale Addition,Lot 11,a map of which is recorded in Volume 6,Page 84,said map records and west central boundary line of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract S89°15'57W 308.60'to a point for upper southwest corner of the tract herein described and of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract; THENCE along the upper west boundary line of said Lot 92,Artemus Roberts Subdivision and of said 157.540 acre tract N00°38'15"W 814.38'to a point for the northwest corner of the tract herein described and of said 157.540 acre tract; THENCE N89-18'05"E 3,489.28'along the north boundary line of said 157.540 acre tract to the POINT OF BEGINNING,a sketch showing said 136 2 acre tract for RS-4.5 Zoning being attached hereto as Exhibit C. t pF E f11Xi?k#1.MtELSH 2211 0 4�. '��8UI1� 44 ixon M.Welsh Page 6 of 8 EXHIBIT C TRIANGULAR TRACT, TMISII, Y. 1880, P. 930, D.R. z y V. ROW LINE w STREET ➢ED. FOR a = VARRIOR ROAD = CL WARRIOR ROAD ujwa �_� SOO.43'51'E L 78 L.71 Q ' 20' ROAD �o ami 207 AC.ci DEDICATION, V. q°m I TRACT, RE-ZONE in 3, P. 41, M.R. IS CC C3 , � RS-6 TO CN-1 od — — — — — — — RI CL HAVEN DRIVE (S. LINEE LOT LUTS BS - 92, ARTEMUS Urom ROBERTS SUBDIVISION, V. 3, P. N00`45'29'W 1613.62' 41, M.R.) ➢=100'41'I8' m co R=45.00' P T=54.29, Lj IfY o o C] ni a z rF=NII2.54r+G'Y )0 y W CH=G9.29' o vl v 0_ q I w U u]Vi� as I co r . F— W m cu 'P 0 UJ'-t � V-Pq U�0 OP z Z, fUOC3 U la,1m ,0a�D� mZ n n F-W ry�jC3 m 0 �o�fl � o, J.)Z 0_¢ m 0 T-0 - - - - - - - - - - _ 0 In m m EXHIBIT ' C" L - w SKETCH TO ACCOMPANY METES AND BOUNDS ED DESCRIPTI❑NS z m i 1' = 500' — — — — — — — — — — i; — c! 2 N � o 1 =P L6lQE Km III} 0 — w n a� �m a� u a W� x 1 as Dui xa a ad 0 789V51"1650EP5P W 74.61 I ECES ACRES, 20, M.R. ➢0'N., LOT . 64, N.R. 38'15'W 814.38' 7'W 308,60' —Pve M nor 33, BASS AND WELSH ENGINEERING N V,es,' 3 1a 3' CORPUS CHRIS!,TX r, F P.. 3,, e,R. SURVEY REG. NO. 100027-00, 0 250' 500' 1000' TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. SCALE 1'= 500' 21040. SCALE: 1' = 500' PLOT SCALE: SAME, PLOT DATE: 07/31/24. SHEET 1 OF 1 a tigO� ul Lu 1SiylBJ,EC;T PROP,ER�TfY a � z � 0 H'AU,EN�.R a 0 Lu CASE: ZN8441 SUBJECT PROPERTY WITH ZONING W* 5 8e Subject � '�A�9 Property 11 Ape—House Dross I IanOetl H.—,.— A-'A A,.— Daest V-2 Lm N Mushy Dsmc1 A-2 ApsMrtm Mpss6 Dien 12 Neavy vpuspye piye.K.t AB Prdessmnal O1Foe paisn POD PlannN--bp,rKnl AT Apaurnem-roues Geese k-sA One 1-1,Da, N Damn &1 NegM1harlsooC Bussness Datrrsl RIBOne Famh psclNr,y pawn &SA NeyM1bornmd Business DsmR RAC One Fanly Dae dm�e &2 B.Yl 15— "o.DIwIVq Usb 1 s-2A eaeer iwne evsress D�mP kA one Fam+h D.esnp D�smu 8-3 Buunss Drsbrt RE keesitlemutl Ezuse Gsme SUBJECT' B Bu-0— k-Tti I---Ds 11DSe.`I pROPERTY i 8-5 Primary Bviaress D— 5F 5pecsal P.— 8a Prmary BuseressC Daeict T-1A T,,MT,J P,A Dspn BD Darp,,.cnna�ee,en DH:gn DKe r.1e u.n�sama.e Nperr PrY Dwsa Clt}'tlf ' x...�J Esri,HERE - ' F. Farm kural Dame T-1C N�i/amueJ Messe SuAs'Iels"vr He Hsv.u.a.cwmasiar,amen CtlrpuS LOCATION MAP rTu , Christi ZONING REPORT CASE ZN8441 Applicant & Subject Property District: 1 Owner: MPM Development, LLC. Applicant: MPM Development, LLC. Address: 11202 Haven Drive, located along the west side of Waldron Road, north of Don Patricio Road, south of Graham Road, and west of Flour Bluff Drive. Legal Description: 136.33 acres and 21.20 acres of Lots 85 and 86 and Lots 86 thru 92, Artemus Roberts Subdivision Acreage of Subject Property: 157.54 acres. Refer to Attachment (A) Metes and Bounds. Zoning Request From: "RS-6" Single-Family 6 District To: "RS-4.5" Single-Family 4.5 District and "CN-1" Neighborhood Commercial District Purpose of Request: To allow the development of the property for a single-family residential subdivision and commercial uses. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Vacant/Agricultural Medium-Density Residential North "RS-6" Single-Family 6 Low-Density Residential and Low and Medium-Density Vacant Residential South "RS-6" Single-Family 6 Park and Vacant Light Industrial and Park Public/Semi-Public (School) Government and Medium- East "RS-6" Single-Family 6 and Density Residential Low-Density Residential West "RS-6" Single-Family 6 Low-Density Residential,Vacant Medium-Density Residential Plat Status: The subject property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing "Cl" Minor Residential 60-Foot ROW 50-Foot ROW Haven Drive Collector 2 Lanes, 2 Lanes, and "A2" Secondary No Median/Center No Median/Center Turn Lane Arterial Turn Lane Designation Section Proposed Section Existing 60-Foot ROW 50-Foot ROW Warrior Road "Cl" Minor Residential 2 Lanes, Collector No Median/Center 2 Lanes, Center Turn Lane Turn Lane Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is adjacent to 4,000 feet of an off-road multi-use trail along the Kingwood Ditch. 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), which was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Northwest ADP (Adopted on January 9, 2001). Water Master Plan: No improvements have been proposed. The site is adjacent to existing infrastructure. Wastewater Master Plan: No improvements have been proposed. The site is adjacent to existing infrastructure. Stormwater Master Plan: The subject property is adjacent to the Kingwood Ditch. Roadway Master Plan: Improvements have been proposed, which includes the widening of Waldron Road. Public Notification Number of Notices Mailed 53 within a 200-foot notification area 8 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: September 4, 2024 City Council 1st Reading/Public Hearing Date: October 15, 2024 City Council 2►,d Reading Date: October 22, 2024 Background: In total, the subject property is a 157.54-acre tract, located in the Annaville area at the northwest corner of Haven Drive and Warrior Road. The area is characterized primarily by single-family residences and the Tuloso-Midway High School and sports campus. The properties to the north and west are residences zoned "RS-6" Single-Family 6 District. The property to the east is zoned "RS-6" Single-Family 6 District and consists of the Tuloso-Midway High School and sports campus. The properties to the south are zoned "RS-6" Single-Family 6 District and are made up of agricultural lands with softball and baseball fields. The applicant is requesting to amend the current zoning district to development the property with a medium-density residential subdivision and commercial development along Warrior Road. Per the metes and bounds description, the development will consist of 136.33 acres of single-family residences and 21.20 acres for retail sales and services. The "RS-4.5" Single-Family 4.5 District allows single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The "CN-1" Neighborhood Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales, personal services, vehicle sales and services, and water-oriented uses. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o New and redeveloped housing is resource-efficient. ■ Support resource efficiency in City-assisted housing, whether new or rehabilitated. o New cost-effective residential subdivisions are established in high-growth corridors to support the demand for new housing. o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments with a lack of interconnection. ■ Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and a 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. • Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. ■ Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses. ■ Encourage convenient access from medium-density residential development to arterial roads. ■ Screening fences, open spaces, or landscaping can provide an essential buffer between shopping and residential areas. Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Flour Bluff ADP; however is not consistent with the FLUM designation of Medium-Density Residential for a small portion along Warrior Road, where commercial uses are being proposed. 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 several elements and goals of the comprehensive plan; however, is inconsistent with the future land use designation of Medium-Density Residential for a small portion along Warrior Road. • The request to amend the subject property to accommodate residential subdivision and commercial developments is compatible with the present zoning and conforming uses of the nearby property. • The subject property is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (September 4, 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-4.5" Single- Family 4.5 and "CN-1" Neighborhood Commercial District. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit MuRRAY B.ss,JR.,P.E..RP,L.S. 3054 S.ALAmE.na.zip 78404 NixbNM.Wexsx.P.E..R.P.L S. 361-M2-5521---F,ax361-M-1265 ams.bass-raelshcom e-mail:munwAr@aolwm e-mail:ni=W1[)Rmai1_com BASS&*%TLSH ENGINEERING TY Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78*56-6397 July 31.2024 CN-1 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 21.207 acre tract of land,more or less,a portion of Lots 85 and 86,Artemus Roberts Subdivision,a map of which is recorded in Volume 3.Page 41,Map Records,Nueces County,Texas andbeing a portion of a 157.540 acre tract of land describedby deed recorded at Document No.2022024084,Official Records of said County.said 21.207 acre tract of land for CN-1 Zoning as further described by metes andbounds as follows: BEGLNNLNG at a point in the east boundary-line of said Lot 85.Artemus Roberts Subdivision,for the northeast corner of the tract herein described and of said 157.540 tract; THENCE along said east boundary line of Lot 85 and east boundary line of said 15-.540 acre tract, along a line 5.00'west of and parallel to the center line of W-arrior Road,S00 43'51"E 1781.7l'to a point in Haven Drive for the southeast corner of the tract herein described and of said Lot 85 and of said 157.540 acre tract: THENCE along the original center line of said Hazen Drive.the south boundary-line of said Lots 85 and 86.Artemus Roberts Subdivision.along a line 5'north of and parallel to the center lisle of said Haven Drive and along the south bouu dary line of said 157.540 acre tract.S89°11'30"W 518.16' to a point for the southwest corner of the tract herein described: THENCE Lt 00'45'297V 1.613.62'thrn said Lot 86 to the point of curvature of a circular cun-e to the left having a central angle of 100°41'18",a radius of 45.00`and a chord bearing NO2°54'46"W 69.29'; THENCE along the are of said circular curve to the left 79.08'to a point for northwesterly comer of the tract herein described: THENCE NW 45'29"W 99.84"to a point for the north4vest comer of the tract herein described in the north boundary line of said 157.540 acre tract: Metes and Bounds Descrilxiou.21.207 Ac..7131 r4: THENCE ti59"18'45"E 521.62'alonp-the north bomdary line of said 157.540 acre tract to the POINT OF BEGLN- MN. G.a sketch showing said 21.207 acre tract for CNA zoning tieing attached hereto as Exhibit"C". i� f 1. . ...WELSH • 2211 .,' xon M_welsh MuRFAY BAss,JR.,P.E..R.P.L.S. 3054 S.ALAN=D zae 7M4 NLXd)NM.WsrSK P..E..R.P.L.S. 361 2-5521n-FAx36i1-882-1265 n,ww_bas&relshmm e-mail:murraNjr@aoLoom e-mail:nixmcclCigmail_r®m BASS&I-NTELSH ENGINEERING TY Registration No.F-52 Survey Registration No.00027-00 P.O.Sox 6397 Corpus Christi,TX 78466-6397 Jti1G 31.2024 RS-4.5 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 136.332 acre tract of land-more or less.a portion of Lots 86 thrn 92.Artentus Roberts Subdivision, a reap of which is recorded in Volume 3.Page 41, Map Records,Nueces Cohan%Texas, and being a portion of a 157.5,0 Acre tract described by deed recorded at Doctauent No. 2022024084, Official Records of said Connn-. said 136.332 acre tract of land for RS- 4.5 Zoning as further described by metes and botmds as follo"vs: BEGLNNLNG at a point in the north boundan-line of said 15 7.540 acre tract which bears S89° 18'05" '521.62'front the northeast corner of said 157.540 acre tract. a point in the east boundary line of Lot 85.said Artemus Roberts Subdhision. said be ;in ing point for the northeast corner of the tract herein described-: THENCE S00°45'29"E 9 9.8 4'to the point of curvature of a circular curve to the right having a central angle of 10041"18", a radius of 45.00'and a chord bearing 502°5 4'46"E 69.29'. THENCE along the arc of said circuiar curve to the right a distance of 79.O8' to a point for northeasterly corner of the tract herein dle scribe dl: THENCE S0W 45`29"E 1,613.62' thni a portion of said Lot 86.Arteams Roberts Subdivision. to a point in south boundary line of said 15 7.540 acre tract i1r the original center line of Haver1 L7riz.e. the south boundary line of said Lot 86..Artemns Roberts Subdivision.for the southeast corner of the tract herein described: THENCE along said original center line of Haven Drive.the south bowidary line of said Lots 86 thni 92,Artentus Roberts SubdMsion.in part along a line 5'north of and parallel to the center line of said Haven Drive and a1d]ng said South boundary line of said 157.540 acre tract.S89`I i'30"W 3,185.00'to a point for the lover southwest corner of the tract herein described-and of said Lot 92, Artermts Roberts Subdivision and of said 157.540 acre tract and being in the east bcimdary line of Lot 13, Nueces Acres.a map of v,-hich is recorded in Volume 11, Page 20. said map records: Metes and Sounds Description. 136.332 Acre Tract.7r31'24 THENCE along the common lower west boundanr hue of said Lot 92.Artemus Roberts Subdivision and of said 15'7.540 acre tract and said east boundary line of Lot 13.Nueces Acres. NW 45'_'9"XV 974.61'to a point for westerly central interior corner of the tract herein described and of said Lot 92.Artenutts Roberts Subdivision and of said 15'.540 acre tract and northeast corner of said Lot 13,Nueces Acres: THENCE along the common north boundary line of said Lot 13.Nueces Acres and A,vest central boundary line of said Lot 92,Artemus Roberts Subdnision and of said 15'.540 acre tract and common north botuidan line of Coverdale Addition.Lot 11. a neap of which is recorded in Vohune 6.Page 84.said Wrap records and west central boundary line of said Lot 92.Artemus Roberts Subdi-6sion and of said 157.540 acre tract S89°15'57"W 308.60'to a point for upper southwest corner of the tract herein described and of said Lot 92.Artemus Roberts Sub&,ision and of said 15-,.i40 acre tract: THENCE along the tipper west boundary line of said Lot 92.Artemus Roberts Subdivision and of said 1577.540 acre tract N00'38157V 814.38'to a point for the northwest corner of the tract herein described and of said 157'.i 0 acre tract: THENCE N89018'05"E 3.439.28'along the north boundary line of said 157.540 acre tract to the POLYT OF BEGOiNING,a sketch shoeing said 136 If tract for RS-43 Zoning being attached hereto as Exhibit C. a !f 9•�# * a N XU;~4 M WELSH + 2211 f1'��Rettls0. a �0•SUR`�4•� ,�+lixon M. Welsh ISCO'z3'51'E IANGULAR TRACT, 1880, P. 930, R. a y W- ROW LIwC W STREET DFD. FOR WARRIOR RIAO C. 41ARRIF1R RFIAD Li — 1781. 71, u4:� a '"0 iu 21. LC7 A 2C]' lAl] a `D TRACT, RL-ZONE DLEI::AIll% V. A 1 3, P 4 l, M.R. ci OD n, RS- C �'N-1 ,n n — ORIGINAL CL H DRIVE I S. m LINE - 92 LOTS 85 92, ARTEMUS ROBE-RTS SUBDIVISIDN, V. 3, P. u`"'V 30' U 29'W 1613. 62' 41, M R. 3-1CO'41' 16'vL ) ors letT T=54. 29' L1 fa m L=75. 06' Cl cu MITTS°5T-46 Yi °� — w v CH=69- 29' 0 1 (4 ~ " cu v �� <E Qa- C tr) d C OD= F-O m d cr s w 'Y a cu r 0 -Cr Qo J v f 'D -I-- v m N Z A J�C In aC)n �ri �Wcn �cu In a rs v P fe W co C EXr]113 I T A' C" — — — W SKETCH TO ACCOMPANY cnm METES AND EJUNDS Z m q 17ESCf I pT I❑NS y 1' = 500' I � o m 0 4 - _3 v per C/m r `z� d� Zz eu of w cS bi o a El R - 4n U Q - n'n Nuj,45`29-4 974.61' c" LOT :3, VJECES ACRES, V. 1'�, F' 20, M. R. CIIVERDALE ADD'N. , LOT 11, V.61 P. 84, M-R. v0C'38' 15''w 814. 38' g$y'15'S7'W 3F]8, 60' rns- PORTION LOT 23, BhSS AND WELSH ENGINEERING wirers C.ARD'M1S Nf.. P, v. Zy. P.- 3, N.,. CORPUS CHRISTI. Tx Q � Cr ��r �aCpr SURVEY REG. NO. 100027-00, TX ENGINEERING REG, NO. F-52, FILE: EKB-ZONING, JOB NO. SCALE 1'= 5D0' 21048. SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 07/'31/24. SHEET 1 OF 1 (B) Existing Zoning and Notice Area Map LJLJ - I I 2746}7 495(15251 45 jC; Lli :n rn ;,6242' 7 r 2 jr] xr l_ 1 � s s- a 4 j � 1[I a 15 t7 -- I1AVCfVEC7R _v 42 43 }# r w CASE: ZN844 1 Zoning and notice area ' RN-I Mu l[I'a§Illy' IL tin:u atnal RM Nul11f]mll12 IL 116':y In eua rl8l Rrl-3 Multlran111�9 PJ❑ Plannad LTI:oay.Cv may r, F'rol.asl an a l crncI Rg_Ig SInyIH-Fu rally``-.0 RV-a,MU IHra MI Iy�T R5+3 SlnyJe-F3mlly 6 C.fl-' 1131^ynborllao0::1',-=•�::'. 15.4.5 a1n^yla-Fdmlly-0.5 -11.2 P51(Jnb2rno.:';,'Hn=1:.1 RS-T-Twa-Fastlly C F.- ?=a:-r..-,,n ,�"i Rg-15 31nn16-Fe Tlly?5 r.. '-a' F= Realdan[Ial E.W. RS-T Tawnn3uuG SP tiPecla1 Fe rmll 3y RecrBallCnal'v3n Ic I%P3r8 =EC 1:;:.r=:,',-'c'dl RMH Ma nu'Gelu rye F on FF 1 r -ar s i SUBJECT _ PROPERTY Ka7"c'Uri'iti1TH' �i4"�Y:f i. urcr wtuun roc•tared er y cwrl < C" - H E -. . ' _ tanraoxRsao-�d lS,r cpo CUn (.r,i� .:• c Ti61_ d N)AP i h:'- Zoning Case ZN8441 �h2 MPM Development, LLC. 9 Fs District 1 Rezoning for a property at or near 11202 Haven Drive From the "RS-6" Single-Family 6 District J, To the "RS-4.5"Single-Family 4.5 District „ and the "CN-1" Neighborhood Commercial District SUBJECT PROPERTY l� 1 �F SUBJECT PROPERTY � 1,,V� - �E -LOCATION MAP ■ City Council - October 15, 2024 Zoning and Land Use Proposed Use: To allow a residential subdivision and a commercial y� " 09-18-1962 a development. a ADP (Area Development Plan): V Northwest, Adopted on January 9, 2001 FLUM (Future Land Use Map): uerear Medium-Density Residential PR:O -RTY Existing Zoning District: "RS-6" Single-Family 6 Adjacent Land Uses: North: Low-Density Residential and Vacant; Zoned: RS-6 South: Park and Vacant;Zoned: RS-6 N East: Public/Semi-Public and Low-Density Residential; 09-18-1962 Zoned: RS-6 1 West: Low-Density Residential and Vacant; Zoned: RS-6 Public Notification 53 Notices mailed inside the 200' buffer 8 Notices mailed outside the 200' buffer �y P Notification Area Opposed: 0 (0.00%) SUBJECT Separate Opposed Owners: (0) RS 6 PRO ERTY X os 1 In Favor: 0 (0.00%) aZ as 0 0 N *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with several elements and goals of the comprehensive plan; however, is inconsistent with the future land use designation of Medium-Density Residential for a small portion along Warrior Road. • The request to amend the subject property to accommodate residential subdivisions and commercial developments is compatible with the present zoning and conforming uses of the nearby property. • The subject property is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RS-4.5" SINGLE-FAMILY 4.5 AND "CN-1 " NEIGHBORHOOD COMMERCIAL DISTRICT ®�/�� ��®0�®� III ate, � ��®�► �� �� .�� `��® �� � 0 s m i i pcl- .. SUBJECT PROPERTY • se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ First Reading Ordinance for the City Council Meeting of October 15, 2024 ss52 Second Reading Ordinance for the City Council Meeting of October 22, 2024 DATE: August 27, 2024 TO: Peter Zanoni, City Manager FROM: Randy Almaguer, Compliance Officer, CCREDC (361) 882-7448 ralmaguer@ccredc.com Type B Economic Development Grant for Del Mar College: Enhanced Skills Training for High Demand Careers CAPTION: Ordinance authorizing an agreement between the Corpus Christi B Corporation (Type B) and Del Mar College Foundation Inc., for the equipment needed for five different programs for enhanced skills training effective upon signature of the City Manager or designee: appropriating funds in the amount of$1,897,870.00 from the Type B Economic Development Fund. (6 votes required) SUMMARY: This ordinance authorizes an agreement with Del Mar College Foundation Inc. to enhance five existing programs with state-of-the-art tools and equipment. BACKGROUND AND FINDINGS: During the Corpus Christi B Corporation special meeting on August 19, 2024, meeting, the Type B Corporation unanimously approved the agreement between the Type B Corporation and the Del Mar College Foundation Inc. The Del Mar Enhanced Skills Program is part of a broader initiative to strengthen our workforce. This program is aligned with our strategic goals to support educational institutions in developing the skills required for the future job market. This program is anticipated to significantly contribute to local economic development by providing well-trained professionals to meet the demands of the region's key industries. Program Details: Industrial Instrumentation $728,000 Artificial Intelligence and Geospatial Visualization Laboratory $128,000 Engineering and Robotics $154,370 Chemistry Laboratory Technicians $532,500 Industrial Machining $355,000 Total $1,897,870 • Target Industries: Industrial Instrumentation, Artificial Intelligence and Geospatial Visualization, Engineering and Robotics, Chemistry Laboratory Technicians, and Industrial Machining and Welding. Objectives: • Enhance Workforce Skills: Equip students with advanced skills in high-demand areas. • Support Local Industries: Provide a skilled workforce to support the growth and competitiveness of local industries. • Promote Economic Development: Contribute to the region's economic development by reducing the skills gap and increasing employment opportunities. Benefits: • Job Creation: The program is expected to create job opportunities by equipping individuals with the necessary skills to enter high-demand fields. • Economic Growth: Enhanced skills and training will attract businesses and industries to the region, fostering economic growth. • Educational Advancement: The program supports Del Mar College's mission to provide high-quality education and training, enhancing the college's reputation and capability. Implementation Plan: • Phase 1: Curriculum development and acquisition of necessary equipment and resources. • Phase 2: Recruitment of qualified instructors and initial student enrollment. • Phase 3: Program launch and continuous monitoring and evaluation for quality assurance. During the CCREDC Board of Directors (BOD) meeting on August 8, 2024, The BOD made a motion to recommend this program to the Type B Corporation with their full support. ALTERNATIVES: The council could choose to not fund this agreement or could choose to fund at a lesser amount. FINANCIAL IMPACT: The financial impact is an amount not to exceed $1,897,870.00 to be funded with the Type B Economic Development Fund in FY 2025. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: Project # (CIP Only): Account: 530000 Professional Services Expense Amount: $1,897,870.00 RECOMMENDATION: Staff recommends approval of the Del Mar College Foundation Inc. agreement in an amount not to exceed $1,897,870.00 to be funded by the Corpus Christi B Corporation in FY 2025. LIST OF SUPPORTING DOCUMENTS: Agreement Ordinance PowerPoint Presentation BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE FOUNDATION FOR EXPANSION OF ENHANCED SKILLS TRAINING FOR HIGH DEMAND CAREERS PROGRAM This Business Incentive Agreement for Capital Investments and Education/Job Training ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Del Mar College Foundation, Inc. ("Del Mar Foundation"), a 501(c)(3) foundation supporting Del Mar College, a political subdivision of the State of Texas. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi, Texas ("City") passed Proposition 1, Adopted Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, the Corpus Christi 8 Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs and job training for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 16, 2021, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type B Guidelines"), which the City Council approved on August 31, 2021; WHEREAS, Section 501,073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar Foundation intends to help Del Mar College's ENHANCED SKILLS TRAINING FOR HIGH DEMAND CAREERS PROGRAM address the region's growing Page 1 of 13 Del Mar Foundation Agreement need for skilled technicians in industrial instrumentation, artificial intelligence, geospatial visualization, robotics, engineering, chemistry technicians, and related fields; WHEREAS, Del Mar College proposes to expand its abilities to deliver training in these areas by adding training in industrial instrumentation, artificial intelligence, geospatial visualization, robotics, engineering, chemistry technicians to further support our area's workforce needs; WHEREAS, local industries produce meaningful, wealth producing jobs which bring in dollars from outside Corpus Christi into the City; WHEREAS, the industrial instrumentation, artificial intelligence, geospatial visualization, robotics, engineering, chemistry technicians and related training expansion will further Del Mar College's mission of education and economic development; and In consideration of the covenants, promises, and conditions stated in this Agreement, the Corpus Christi B Corporation and Del Mar Foundation agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement or the date that it is approved by City Council, whichever is later. 2. Term. The term of this Agreement is for two years beginning on the Effective Date. 3, Performance Requirements and Grants. a. Del Mar Foundation shall purchase state-of-the-art equipment essential for improving the educational experience and meeting workforce demands. The following are the essential equipment Del Mar Foundation will purchase: Industrial Instrumentation $728,000 Artificial Intelligence and Geospatial Visualization $128,000 Laboratory -Engineering and Robotics $154,370 -Chemistry Laboratory $532,500 Industrial Machining $355,000 Totallj 1,8971870 Page 2 of 13 Del Mar FoundadonAgreemenl b. The Corporation will reimburse Del Mar Foundation for the costs incurred by Del Mar Foundation to acquire the equipment to expand the Del Mar College Enhanced Skills Training for High-Demand Careers Program. The amount reimbursed by the Corporation may not exceed $1,897,870.00, Section 501.101 of the Texas Development Corporation Act specifically allows funding for equipment that is for the creation or retention of primary jobs that are found by the board of directors to be required or suitable for the development, retention, or expansion of primary job training facilities for use by institutions of higher education such as Del Mar College. c. On the annual anniversary of the effective date of this agreement, Del Mar Foundation shall report to the Corporation the number of professors,educators on staff and students completing the Enhanced Skills Training for High-Demand Careers Program at Del Mar College during the previous year. The report will include the number of professors, educators on staff and the number of students enrolled in and completing the industrial instrumentation, artificial intelligence and geospatial visualization, engineering and robotics, chemistry laboratory technicians and industrial machining and welding programs. d. The Del Mar College Foundation will include appropriate naming recognition. The Foundation will recognize the Corpus Christi Type B Corporation as the benefactor on and/or near the equipment provided via this grant and in a location visible to facility visitors. e. Utilization of Local Contractors and Suppliers. Del Mar Foundation agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local' as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Del Mar Foundation agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Del Mar Foundation to comply with the Local Requirement, and to provide an annual report to the City Manager of the City, or designee, from which the City Manager or designee shall determine if Del Mar Foundation is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder Page 3 of 13 Del Mar Foundation Agreement f. Utilization of Disadvantaged Business Enterprises Del Mar Foundation agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women- owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Del Mar Foundation agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Del Mar Foundation agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Del Mar Foundation 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 Del Mar Foundation is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. g. Warranties. Del Mar Foundation warrants and represents to Corporation the following: a. Del Mar Foundation is a 501(c)(3) organization and 509(a)(1) public charity under the Internal Revenue Code, duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar Foundation has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. Page 4 of 13 Del Mar FoundaUon Agreement c. Del Mar Foundation has timely filed and will timely file all local, State, and Federal tax reports and returns required by Taws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar Foundation has access to the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, on the State of Texas' website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar Foundation are duly authorized to execute this Agreement on behalf of Del Mar Foundation. f. Del Mar Foundation does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar Foundation is convicted of a violation under §U.S.C. Section 1324a(f), Del Mar Foundation shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 1201h day after the date Del Mar Foundation has been notified of the violation. h. Compliance with Laws. During the Term of this Agreement, Del Mar Foundation shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. i. Non-Discrimination. Del Mar Foundation covenants and agrees that Del Mar Foundation will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas, Page 5 of 13 Del Mar Foundation Agreement j. Force Majeure. If the Corporation or Del Mar Foundation are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar Foundation 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. k. Assignment. Del Mar Foundation may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void and constitutes a breach of this Agreement. I. Indemnity. To the extent authorized by law, Del Mar Foundation covenants to fully indemnify, save, and hold harmless the Corporation, the City, and their respective officers, employees, and agents ("Indemnitees'?against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar Foundation activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar Foundation must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 6 of 13 Del Mar Agreement 2024 m. Events of Default by Del Mar fl-`oundation The following events constitute a default of this Agreement by Del Mar Foundation: a. The Corporation or City determines that any representation or warranty on behalf of ;gel Mar Foundation contained in this Agreement or in any f nancial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Del Mar Foundation or any attachment or other levy against the property of Del Mar Foundation with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Del Mar Foundation makes an assignment for the benefit of creditors. d. Del Mar Foundation files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar Foundation become delinquent, and Del Mar Foundation fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar Foundation changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Del Mar Foundation fails to comply with one or more terms of this Agreement. n. Notice of Default. Should the Corporation or City determine that Del Mar Foundation is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar Foundation in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar Foundation to cure the event of default. o. Results of Uncured Default by Del Mar Foundation. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar Foundation, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. Page 7 of 13 Del Mar Agreement 2024 a. Del Mar Foundation shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar Foundation shall pay Corporation reasonable attorney fees and costs Of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar Foundation of all sums due, the Corporation and Del Mar Foundation shall have no further obligations to one another under this Agreement. p. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar Foundation's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar Foundation is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. q. Del Mar Foundation specifically agrees that Corporation shall only be liable to Del Mar Foundation for the actual amount of the money grants to be conveyed to Del Mar Foundation and shall not be liable to Del Mar Foundation for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed Page 8 of 13 Del Mar Agreement 2024 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, a`I contracting parties shall receive only their pro rats share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar Foundation to be accompanied by all necessary supporting documentation. r. 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. s. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar Foundation: Del Mar College Foundation Attn: Executive Director of Development 101 Baldwin Blvd. Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 9 of 13 Del Mar Agreement 2024 c. Notice is effective upon deposit in the United States mail in the manner provided above. t. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement by reference as if fully set out here in their entirety. u. 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 v. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar Foundation 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. w. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. x. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Page 10 of 13 Del Mar Agreement 2024 y. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. z. Sole Agreement and Survival. This Agreement constitutes the sole Agreement between Corporation and Del Mar Foundation. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Survival of terms of Agreement and obligations of parties - the terms of this Agreement and the obligation of the parties shall survive the termination of this Agreement. APPROVED AS TO FORM: 161h day of August, 2024 4'��— r,-—,&5��� Jacqueline Salinas-Bazan Assistant City Attorney For City Attorney Corpus Christi B Corporation AGREED BY PARTIES: l By: tL �x L- o i� Leah Pagan6blivarri President, Corpus Christi B Corporation Date: aca/�4t Attest: Rebecca Huerta Assistant Secretary Page 11 of 13 Del Mar Agreement 2024 Del Mar College Foundation, Inc. By: -fy� A��o Executive Director of Develop Date: THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on &6uS4 a3 , 2024, by ka+t hew b y Executive Director of Development, Del Mar College Foundation, Inc. ....P"di LAURA LEAL ESTRADA :Notary Public,State of Texas r tu�i- 0�-+� ►�� a� =N. 'f Comm.Expires 02-05-2025 Notary Public Notary ID 18A 1485 State of Texas Page 12 of 13 Del Mar Agreement 2024 Page 13 of 13 Del Mar Agreement 2024 Ordinance authorizing an agreement between the Corpus Christi B Corporation (Type B) and Del Mar College Foundation Inc., for the equipment needed for five different programs for enhanced skills training effective upon signature of the City Manager or designee: appropriating funds in the amount of $1,897,870.00 from the Type B Economic Development Fund. WHEREAS, the Corpus Christi B Corporation and the Del Mar College Foundation, I nc., entered into an agreement for equipment needed for five different programs for enhanced skills training;and WHEREAS, Del Mar will purchase equipment needed to promote and develop jobs for critical workforce needs in the South Texas Coastal Bend region. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is allowed to execute this Agreement to appropriate funds in the amount of $1,897,870.00 to Del Mar for the purchase of equipment needed to promote and develop jobs for critical workforce needs in the South Texas Coastal Bend region. Del Mar will upgrade and expand its education equipment for training programs in Industrial Instrumentation, Artificial Intelligence, Geospatial Visualization, Engineering and Robotics, Chemistry Lab Technicians, and Industrial Machining. This specialized training for primary jobs will be done through Del Mar College's Enhanced Skills Training for High Demand Careers Program. SECTION 2. That $1 ,897,870.00 from the Type B Corporation is appropriated to fund this Agreement with Del Mar College foundation, Inc. for the equipment needed for five different programs for enhanced skills training. That the foregoing ordinance was read for the first time and passed to its first reading on this the day of , 2024. That the foregoing ordinance was read for the second time and passed finally on this the of , 2024. 1 PASSED AND APPROVED on the day of , 2024: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 Enhanced, Skills Training for High -Demand Careers Innovative Workforce Development for Corpus Christi September 2024 DEL MAR COLLEGE i, v.. s•i'�► ; . `jai■ \��►��.� ,, - � �, r/ ���. _ . �.; ; . CCREDC Mission Alignment Aligning Our Efforts to Drive Economic Growth Mission Statement Promoting economic growth through education and skilled workforce development. Purpose Funding the Enhanced Skills Training for High-Demand Careers pathway with Del Mar College (DMC). Goal Address critical workforce needs and shortages in Corpus Christi. Executive Summa RDel Mar Enhanced Skills for Hi mand Careers Challenge Corpus Christi and the region faces a shortage of skilled workers for local job opportunities. Proactive Programs r' Five existing Del Mar College programs are working to address this issue by sustaining and expanding the workforce. w a� Enhanced Training This funding aims to equip these programs with cutting-edge tools, facilitating hands-on learning, increasing skill workers, and accelerating on-boarding processes. COLLEGEIrl-KNAKC DEL MAR Funding Request Overview SKILL Amount L. Industrial Instrumentation $728,000 1Artificial Intelligence111 VP �k Engineering and Robotics $154,370 g� g r0'• Chemistry Laboratory11 I�♦ Industrial Machining and Welding $355,500 Total - • 1 DEL MAR COLLEGE Program Funding Impact and Benefits Industrial Instrumentation Chemistry Lab Technicians • Elevated training for technicians • Essential skills for chemical testing • Local job growth potential = 14% • Local job growth potential = 12% • Average salary = $83,200 • Average salary = $58,240 Al and Geospacial Visualization Industrial Machining and Welding • Advanced computer workstations • Hands-on training with CNC and plasma cutting • Local job growth potential = 10 - 24% tools • Average salary = $58,936 - $124,800 • Local job growth potential = 15% • Average salary = $53,768 - $92,993 Engineering and Robotics • Cutting-edge equipment for multiple disciplines • Local job growth potential = 10 - 15% • Average salary = $65,000 - $90,000 —1 � o �n bb Program Funding and Employers Impacted Industrial Instrumentation Cheniere Energy, Inc. Chemistry Lab Technicians Enbridge Valero Tesla Flint Hills Resources Al and Geospacial Visualization Department of State Health Services Port of Corpus Christi Industrial Machining and Welding City of Corpus Christi Chemours Percheron Operating, LLC CCAD Engineering and Robotics Gulf Coast Growth Ventures (ExxonMobil, SABIC) Schneider Electric Steel Dynamics Del Mar College partners with local employers to match programs Dixie Iron Works, Ltd. with regional job needs. CHENIERE ENswvw T= 5 L n 1 Schneider- Sow>SreetUynaM1CS,tne: PERCHERON �Elec cric FLINT HILLS •cUEFC0UT F e r o e s TES C Chemours GROWTH VENTURES Valero x..n,ax m.=erv„e, VENTURES Competing Texas Metropolitan Programs Austin San Antonio Austin Community College Bond Programs Alamo Academies Dollars raised through local bond measures to Utilization of local sales tax incentives to Alamo enhance workforce training programs in: Colleges District in support of specialized training: •Health Sciences °Aerospace •Information Technology °Manufacturing oAdvanced Manufacturing oInformation Technology oAdvanced Manufacturing `Dallas 3Houston High Demand Job Training Program Houston Community College Workforce Program Partnership with local workforce boards and the Funded via local property tax revenues; specialty EDC to provide funding for: workforce training centers providing training in: oAdvanced Manufacturing oHealthcare •Information Technology o Energy •Energy o Logistics nP DEL MAR AC COLLEGE Strategic Importance 1. Attraction and Retention via Innovation: • Aligns with Del Mar College's mission to provide quality education and workforce preparation for Corpus Christi. 2. Workforce Development: • Develop a pipeline and steady supply of skilled K workers for high-demand careers. ' • Positions and solidifies Corpus Christi as a technical education and workforce hub. 3. Competition: • Competition from San Antonio, Houston, Austin and Dallas: risk of losing our local talent and youth to competitive workforce programs, markets, and cities. COLLEGEDEL MAR DEL MAR COLLEGE SC G� 0 � N U NflflPOflPY�� AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of October 22, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreyea-cctexas.com (361) 826-3851 Nicholas Winkelmann, P.E., Director of Water Systems and Support Services nickwa-cctexas.com (361) 826-1796 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oschc2a-cctexas.com (361) 826-3169 Construction Contract Award Mary Rhodes Pipeline Phase 1 System Improvements Rebid CAPTION: Resolution rejecting the bids of IECON, Inc. and Taknek, LLC as non-responsive and authorizing a construction contract with H&S Constructors, Inc, Corpus Christi, TX as the lowest responsive, responsible bidder in the amount of $12,174,975.00 for the Mary Rhodes Pipeline Phase 1 System Improvements Project for improvements to the booster pump stations located at Bloomington, Texas and Woodsboro, Texas associated with the Mary Rhodes Pipeline (MRP) raw water delivery system, with FY 2025 funding available from the Raw Water Capital Fund. SUMMARY: This resolution approves a construction contract for the Mary Rhodes Pipeline Phase 1 System Improvements project. The project includes improvements at both the Bloomington and Woodsboro Pump Stations. The primary improvements at both pump stations include the replacement of existing motor soft starter with a new variable frequency drive (VFD), installation of hydro-pneumatic actuators on pump control valves and electric motor actuators, generators for ancillary equipment, and upgrades to the heating, ventilation, and air conditioning. (HVAC). Additional upgrades at the Bloomington Pump Station consist of the addition of one new booster pump and VFD and replacement of uneven concrete panels around ground storage tank. BACKGROUND AND FINDINGS: There are three pump stations associated with phase 1 of the Mary Rhodes Pipeline which conveys water from Lake Texana to the O.N. Stevens Water Treatment Plant. These include Intake Pump Station at Lake Texana, Booster Station No. 1 near Bloomington, and Booster Station No. 2 near Woodsboro. The Lavaca-Navidad River Authority (LNRA) owns, operates, and maintains the Intake Pump Station at Lake Texana. The two booster pump stations are owned, operated, and maintained by the City of Corpus Christi. The project scope includes the following: Bloomington Booster Pump Station • New horizontal split-case centrifugal pump and associated pipe, valves, and fittings. • Two new medium voltage variable frequency drives (VFDs), one for the new pump and one to replace an existing VFD on an existing pump. • Remove hydro-pneumatic valve actuators on the pump discharge flow control valves and replace with new electric motor valve actuators for four existing pump trains and one new pump train. • New electro-magnetic flow meter with a new concrete vault, associated connections to the existing pipeline, and electrical and signal cabling and conduits. • New sump pump: three in existing valve vaults and one in the new meter vault, and associated controllers, electrical and signal cabling and conduits. • Sump pump discharge pumping from the vaults to the existing water storage tank. • One new low voltage emergency generator and associated duct bank. • Two new outdoor air conditioning units, modifications to two existing air handler units, associated modifications to ducting, louvers, wiring, and controls. • Replacement of heaved concrete panels adjacent to the storage tank. • Selective process mechanical, building mechanical, and electrical demolition. • Instrumentation and control programming associated with the new pumps, pump control valves, and flow meters. Woodsboro Booster Pump Station • One new medium voltage variable frequency drive (VFD) to replace an existing VFD on an existing pump. • Remove hydro-pneumatic valve actuators on the pump discharge flow control valves and replace with new electric motor valve actuators for four existing pump trains and one new pump train. • New electro-magnetic flow meter with a new concrete vault, associated connections to the existing pipeline, and electrical and signal cabling and conduits. • New sump pump: three in existing valve vaults and one in the new meter vault, and associated controllers, electrical and signal cabling and conduits. • Sump pump discharge pumping from the vaults to the existing water storage tank. • One new low voltage emergency generator and associated duct bank. • Two new outdoor air conditioning units, modifications to two existing air handler units, associated modifications to ducting, louvers, wiring, and controls. • Replacement of heaved concrete panels adjacent to the storage tank. • Selective process mechanical, building mechanical, and electrical demolition. • Instrumentation and control programming associated with the new pumps, pump control valves, and flow meters. PROJECT TIMELINE: Janurary - January February - October November - February Design Bid/Rebid/Award Construction Projected Schedule reflects City Council award in October 2024 with anticipated construction completion by February 2026. COMPETITIVE SOLICITATION PROCESS: The Contracts and Procurement Department issued a Request for Bids for this project on February 12, 2024. The City received submissions from five contractors. The first few bidders failed to demonstrate qualified project experience. At this time it was determined to re-bid the project. The project was re-advertised for bid on June 10, 2024, and bids were opened on July 24, 2024. The City received submissions from five contractors. All bids were reviewed to ensure that they were in accordance with the contract documents. After reviewing it was determined that H&S Constructors, Inc., is the lowest responsive and responsible bidder. IECON, Inc. and Taknek, LLC were determined to be non-responsive with failure to demonstrate sufficient experience and failure to provide favorable references. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID H&S Constructors, Inc. $12,174,975.00 CSA Construction, Inc. $12,326,000.00 Associated Construction Partners, LTD $13,997,500.00 Taknek I I (` v $11,231,662.00 Engineer's Opinion of Probable Construction Cost $9,084,000.00 H&S Constructors, Inc., has successfully completed City projects, including Wesley Seale Dam Sluice Gate Improvements and Choke Canyon Dam Infrastructure Improvements. They have also completed various construction projects for the Port of Corpus Christi. ALTERNATIVES: City Council could choose not to award the construction contract to the low bidder, H&S Constructors, Inc. This would delay the improvements to the booster pump stations and the ability to meet peak water demands. FISCAL IMPACT: The fiscal impact for FY 2025 is an amount of $12,174,975.00 with funding available from the Raw Water Capital Fund. The shortfall in the funding is transferred from the Mary Rhodes Pipeline 11 System Improvements (Bank Erosion) contingency expenditure. FUNDING DETAIL: Fund: RWSppIyDvChrg CIP (Fund 4481) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Mary Rhodes Pipeline Phase 1 System Improvements Rebid (Project No. E13037) Account: Construction (550910) Activity: El 3037014481 EXP Amount: $12,174,975.00 RECOMMENDATION: Staff recommends awarding a construction contract to H&S Constructors, Inc., for the Mary Rhodes Pipeline Phase 1 System Improvements Rebid project in the amount of$12,174,975.00. The construction duration is planned for 15 months from issuance of Notice to Proceed to begin construction in November 2024. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabs Location and Vicinity Maps CIP Page PowerPoint Presentation Page 1 of 2 Resolution rejecting the bids of IECON, Inc. and Taknek, LLC as non- responsive and authorizing a construction contract with H&S Constructors, Inc, Corpus Christi, TX as the lowest responsive, responsible bidder in the amount of $12,174,975.00 for the Mary Rhodes Pipeline Phase 1 System Improvements Project for improvements to the booster pump stations located at Bloomington, Texas and Woodsboro, Texas associated with the Mary Rhodes Pipeline (MRP) raw water delivery system, with FY 2025 funding available from the Raw Water Capital Fund. WHEREAS, bids were opened on July 24, 2024, for the Mary Rhodes Pipeline Phase 1 System Improvements project ("Project"); and WHEREAS, Section 2, paragraph 2.3 Bid Requirements of the Bid Documents states: D.1 . Statement of Experience— Bidder agrees to provide a Statement of Experience with its bid to demonstrate the Bidder's responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Bid being considered non-responsive. WHEREAS, Section 00 45 16 Statement of Experience, paragraph 1.01 provides, "To be considered responsive, the Bidder must complete and submit the Statement of Experience to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner." WHEREAS, Section 00 45 16 Statement of Experience, paragraph 2.05.A requires the Bidder to: "Provide information on projects that have been awarded to the Organization in the last 5 years. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project." WHEREAS, IECONI, Inc. failed to show satisfactory completion of at least five similar projects within the last five years that are equal to or greater in size and magnitude than the current project. WHEREAS, Taknek, LLC failed to show satisfactory completion of at least five similar projects within the last five years that are equal to or greater in size and magnitude than the current project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bids submitted by IECONI, Inc. and Taknek, LLC are rejected as non-responsive. Page 2 of 2 SECTION 2. The City Manager or designee is authorized to execute a construction contract with H&S Constructors, Inc. of Corpus Christi, Texas as the lowest responsive, responsible bidder in the amount of $12,174,975.00 for the Mary Rhodes Pipeline Phase 1 System Improvements project. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:Justin De La Rosa,P.E. DESIGN ENGINEER:NOR Engineenng,Inc. BID DATE:Wetlnestlay,July 24,2024 RFB 5591 IECONI Inc Taknek LLC H&S Construction Inc CIA Construction Inc Associated Construction Partners LTD PROJECT NO.El303]Mary Rhotles Pipeline Ph.l System In,provements-REBID ]10 N_Post Oak Rod 40OR 4400 W Highway 82 1702 Valero Way 2314 MCAllster Rtl. 215W_Bantlera Rtl_Ste_114AG1 BASE BID Houston,Texas 77024 Gainesville,T.-76240 Corpus Christ,.Texas]8400 Houston,T.-77092 Boerne,T.-78006 ITEM DESCRIPTION UNIT OTY UNITPRICE I AMOUNT UNITPRICE FAMO.NT UNITPRICE AMOUNT UNITPRICE F AMOUNT UNITPRICE AMOUNT Part A-GENERAL Al Mobilization LS 1 $ 150,000.00 $ 150,000.00 $ 560,000.00 $ 560,000.00 $ 52,000.00 $ 52,000.00 $ 400,000.00 $ 400,000.00 $ 600,000.00 $ 600,000.00 A2 Bontls antl lnsumnce AL 1 $ 150,000.00 $ 150,000.00 $ 220,000.00 $ 220,000.00 $ 200,000.00 $ 200,000.00 $ 100,000.00 $ 100,000.00 $ 168,000.00 $ 168,000.00 A3 Primary Power Ouctbankinstsllation AL 1 $ 15,000.00 $ 15,000.0It $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 A4 Storm Water Pollution Prevention Plan LS 1 $ 15,000.00 $ 15,000.00 $ 30,000.00 $ 30,000.00 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 A5 Allowance Tor U nan Imp-Work AL 1 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 $ 900,000.00 SUBTOTAL PART A-GENERAL IItems Al thru A5 $1,230,000.00 $1,725,000.00 $ 1,116,000.00 $1,435,00.0 $ 1,703,000.00 Part B-BLOOMINGTON BOOSTER PUMP STATION IMPROVEMENTS B1 Meter Vault LS 1 $1,666,516.41 $1,666,516.41 $1,840,000.00 $1,840,000.00 $1,100,000.00 $ 1,700,000.00 $2,592,000.00 $2,592,000.00 $ 3,140,500.00 $ 3,140,500.00 B2 Booster Pumping System antl Controls LS 1 $1 fi99]fi2.42 $1 fi99]fi2.42 $1 fi8]000.00 $1 fi8]000.00 $3 1]3 500.00 $ 3 1]3 500.00 $2 238 000.00 $2238 000.00 $ 2 300 000.00 $ 2 300 000.00 B3 HVAC Imp-L--nts LS 1 $ fi38,891.46 $ 638,891Afi $ 640,000.00 $ 640,000.00 $ fi52,000.05 $ 652,000.00 $ 290,000.00 $ 290,000.00 $ 400,000.00 $ 400,000.00 B4 Secontlarysitle Electricalantl Generator LS 1 $ 842,691.06 $ 842,691.06 $ 806,662.00 $ 806,662.00 $ 822,700.00 $ 822,700.00 $ ]zo,000.00 $ ]zo,000.00 $ ]oo,000.00 $ ]oo,000.00 B5 Vaults Sump Pumps a ntl Piping LS 1 $ 144,]02.95 $ 144,102.95 $ 120,900.00 $ 120,000.00 $ 168,000.00 $ 168,000.00 $ 75,000.00 $ 15,000.00 $ ]5,000.00 $ 75thID.00 B6 Concrete Panels Demolition antl Replacement SF 300 $ 31.60 $ 9 480.00 $ 40.00 $ 12 000.00 $ 39.00 $ 11]00.00 $ 60.00 $ 18 000.00 $ 25.00 $ ]500.00 B] Site Restoration antl Fencing LS 1 $ 31,609.00 $ 31,609.00 $ 35,000.00 $ 35,000.00 $ 2,fi]5.00 $ 2,6]5.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 1$ 10,000.00 SUBTOTAL PART B-BLOOM I NO TON BOOSTER PUMP STATION IMPROVEMENTS(Items Bi thru B1) $5,033,659.30 $5,140,662.00 $ 6,530,575.00 $5,943,000.00 $ 6,633,000.00 Part C-WOODSBORO BOOSTER PUMP STATION IMPROVEMENTS C1 Meter Vau It LS 1 $1,702,620.32 $1,702,690.32 $1,890,000.00 $1,890,000.00 $i,]00,000.00 $ 1,100,000.00 $2,478,000.00 $2,418,000.00 $ 3,031,500.00 $ 3,03i,500.00 C2 Booster Pumping System antl Controls LS 1 $ 1fi8,8]9.56 $ 768,879.56 $ 850,000.00 $ 850,000.00 $1,100,000.00 $ 1,100,000.00 $1,405,000.00 $1,405,000.00 $ 1,3]0,000.00 $ 1,3]0.000.00 C3 HVAC Improvements LS 1 $ 639938.50 $ fi39938.50 $ fi41000.00 $ fi41000.00 $ fi52000.00 $ fi52000.00 $ 2]5000.00 $ 2]5000.00 $ 4]5000.00 $ 4]5000.00 C4 Secontlarysitle Electrical a ntl Generator LS 1 $1,384,41].32 $1,384,4]].32 $ 820,000.00 $ 820,000.00 $ 803,000.00 $ 803,000.00 $ fi]0,000.00 $ 610,000.00 $ 685,000.00 $ 685,000.00 C5 Vaults Sump Pumps a ntl Piping LS 1 $ 149,019.78 $ 149,019.78 $ 130,000.00 $ 130,000.00 $ 198,000.00 $ 198,000.011 $ 99,000.90 $ 90,000.00 $ 80,000.00 $ 80,000.00 C6 Site Restoration antl Fencing LS 1 $ 31,609.00 1$ 31,609.00 $ 35,000.00 $ 35,000.00 $ 15,400.00 $ 15,400.00 $ 30,000.00 $ 30,000.00 $ 20,000.00 $ 20,000.00 SUBTOTAL PARTC-WOOOSBORO BOOSTER PUMP STATION IMPROVEMENTS Pit-Cl thru C6) $4,676,614.48 $4,366,000.00 $ 4,468]400.00 $4,948,000.00 $ 5,661,500.00 TOTAL BASE BID $ 10,940,273.78 $ 11,231,662.00 $ 12,174,975.00 $ 12,326,000.00 $ 13,997,500.00 ""Notes rega tling any bitltle�tleemetl Non-Responsive or Non-Responsible""' Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# E13037 Project Name Mary Rhodes Pipeline Ph I System Improvements Type Improvement/Additions Department Water BLOOMINGTON Useful Life 40 years Contact Director of Water Utilities Category Water Supply Priority Priority Level 1 —OO.S.-O Council District Outside City Limits Status Active Description The Mary Rhodes Phase I(MRP I)is a 101-mile long water supply pipeline running from Lake Texana to the O.N.Stevens Water Treatment Plant(ONSWTP).CCW owns and operates two(2)booster pump stations(PS)on the MRP I,Bloomington PS and Woodsboro PS,that assist in raw water delivery to ONSWTP. Improvements at both pump stations are required to provide reliable transmission of raw water supply to the City of Corpus Christi.This project addresses replacement and upgrades of various outdated system components,including,but not limited to electrical,instrumentation,mechanical,structural,incoming power supply,and HVAC at Woodsboro and Bloomington Pump Stations. Justification This Project aims to repair equipment and components at the 2 booster pump stations along the Mary Rhodes I Pipeline.This project will ensure efficient and reliable flow of raw water along the pipeline. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 12,000,000 12,000,000 Design 898,382 898,382 Eng,Admin Reimbursements 907,844 907,844 Total 13,806,226 13,806,226 Funding Sources Prior Years 2025 2026 2027 Total Raw Water Fund 12,750,000 12,750,000 Revenue Bonds 1,056,226 1,056,226 Total 13,806,226 13,806,226 Budget Impact/Other 71 This Project will increase operational efficiency,simplify monitoring,and control processes. 342 O 0 N SCALE: N.T.S. GULF OF MEXICO VICTORIA Booster Pum Station VICINITY MAP NOT TO SCALE BLOOMINGTON Q0�'C ;. Green LaK' . 73 REFUGIO '�� gP AERIAL MAP NOT TO SCALE PROJECT NUMBER: E13037 MARY RHODES PIPELINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS .;a PH. 1 SYSTEM IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES Mary Rhodes Pipeline System Improvements Bloomington and Woodsboro Booster Pump Stations Nicholas Wlnkelmann, P.E. Director of Water Systems and Support Services corpus October 22, 2024 Ccwsl'ervinghhLWater°°t the Coastal Bend • Mary Rhodes Pipeline I ' (MRP) I � j • 101-mile-long pipeline running from Lake Texana �r near Edna, Texas to the V/ O.N. Stevens Water Treatment Plant • Construction started in 1997, completed in 1998 1 • Mary Rhodes Pipeline fan AntoIni,&-Nue es (MRP) II River Basin • 42-mile-long pipeline thatr�.3s�s ties into MRP Phase I at o the West Delivery Pump -- + ��-�o Station a" c�O Iton � �Rockporto�{ o` • Construction started in Taft \ �� 2014, completed in 2016 Odem p Gregory �J i.� Portland o ransa Pass 0 InRles)de: ccw 2 MRP Water Sources Ado Lake Texana/LN RA Colorado River MRP I MRP II Contract Minimum Amount Take or Pay: 31,440 acre-ft. Run of the River Water Rights: 35,000 acre-ft. Interruptible A(if available):4,500 acre-ft. Interruptible B (if available): 7,500 acre-ft. CCw_3 MRP Pump Stations ti BloominOOn Pone Sw*n z Z Bloomington Pump Station Woodsboro Pump Station „ Colorado River Pump Station . LNRA Intake Station _. W V. 4 Bloomington and Woodsboro Booster Pump Stations r N N �- VICTORIA �, SCALE:N.T.S. a, �k ; r, Booster Pum Station r ��x 'ROJEC'T LOCATIONE: L DLC041INGT➢N 6OO87CZ PJMP —ON---NGTORIACO-TY, NCO C S60R0 6OOSTER PUMP sTHTIONST--REFUGlo D— 2 CITY OF CORPUS U-RISTI 183 7� BLOOMINGTON W OOQ755 0 GREEN LAKE LAVACA BAY LOCATION MAP PORTLAVACA PROJECT NUMBER:E13037 NOT TO SCALE CC1Nw5 Bloomington Pump Station Improvements • Additional horizontal split-case centrifugal pump • Two variable frequency drives f: • Electric motor valve actuators Bloomington Pump Station a, • Electro-magnetic flow meter with concrete vault o eo9, W CMam 91&B�� • Low voltage emergency generator • HVAC improvements • Instruments and control programming for new c - pump, pump control valves and flow meters CCW6 Woodsboro Pump Station Improvements One variable frequency drive V' Electric motor valve actuators Electro-magnetic flow meter and +� -- — concrete vault • Low voltage emergency generator T ® �' • HVAC improvements ® ® Instruments and control programming for new pumps, pump control valves and flow meters CCW-7 Competitive Solicitation and Funding • Request for Bids issued February 12, 2024 • City received five contractor submissions • The first few bidders failed to demonstrate qualified project experience • Project was rebid • Project re-advertised for bids on June 10, 2024 • City received five contractor submissions • Two contractors that bid were determined to be non-responsive with failure to demonstrate sufficient experience and failure to provide favorable references • After reviewing it was determined that H&S Constructors, Inc., is the lowest responsive and responsible bidder • Project cost - $12,174,975.00 from FY 2025 Raw Water Capital Fund CON-8 Staff Recommendation • Staff recommends awarding a construction contract to H&S Constructors, Inc., for the Mary Rhodes Pipeline System Improvements (Bloomington and Woodsboro Booster Pump Stations) project in the amount of $12,174,975.00 • Construction duration is planned for 15 months from issuance of Notice to Proceed to begin construction in November 2024 2022-2024 2024 • Janurary - January February - October November - February Design Bid/Rebid/Award Construction C IW9 Thank you ! Corpus Christi Water- Serving the Coastal Bend se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 22, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robertd4(u-)cctexas.com (361) 826-3133 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(o-)cctexas.com (361) 826-3169 Construction Contract Award Littles-Martin House (CDBG) CAPTION: Motion awarding a construction contract to DGS General Construction Group, LLC, Corpus Christi, TX, for the Littles-Martin House project in an amount not to exceed $458,900.57 for building envelope rehabilitation exterior and improvements, located in Council District 1 with FY 2025 funding available from the Community Development Block Grant (CDBG) Program. SUMMARY: This motion approves a construction contract for the rehabilitation and improvement of the Littles- Martin House, including the roof, wood siding, wood fascia/trim, windows and frames, repairing damaged or missing fire blocking, and installing all necessary elements to weatherproof the building and preserving the current historic appearance while bringing the building into compliance with local windstorm requirements. BACKGROUND AND FINDINGS: The Littles-Martin House, situated in Heritage Park since 1986, was restored by the National Association of Colored People (NAACP) to serve as its Corpus Christi headquarters. The historic home carries a rich history that dates to the earliest Black families in Corpus Christi. The Littles- Martin House stands as a testament to the enduring legacy and significant contributions of Corpus Christi's early Black residents, embodying their resilience and dedication to the community. During Winter Storm Uri in February 2021, the extremely low temperatures caused water pipes to freeze and burst, leading to water damage inside the walls. The City of Corpus Christi staff quickly repaired the pipes and visible damage. However, due to lingering humidity, a mold test was conducted, revealing mold in two rooms. This initiated a mold remediation project with an approved contractor, funded by emergency freeze event funds. The project scope expanded after discovering additional mold throughout the house beyond the initial pipe damage. As a result, most of the interior wall finishes have been removed, leaving the interior with exposed framing. City staff have identified several additional issues with the structure, including a leaking roof, wood rot, inoperable windows, broken exterior doors, a weathered wood deck, and gaps in the exterior siding that allow water to seep into the interior walls. The mechanical and electrical systems have also reached the end of their life cycle. Despite their efforts to secure the home after vandals kicked in the doors, the Littles-Martin House remains dilapidated and vacant, making it a target for further vandalism and vagrancy. However, the principal risk is that the building's roof and envelope are leaking, allowing for further decline of the building. Immediate attention and repairs are necessary to prevent further deterioration and ensure the safety and preservation of the property. This project involves the removal and replacement of the roofing system, exterior siding, wood fascia/trim, and exterior doors. It also includes the installation of all necessary elements to comply with local windstorm requirements, such as hurricane strapping, wood sheathing, and impact- resistant wood double-hung window systems. The historical materials found in the Littles-Martin House are not readily available at local home improvement stores, and some of these materials will need to be custom-fabricated to match the historic characteristics of the existing building elements. By undertaking these meticulous exterior renovations, we aim to protect the building from further deteriorations and mitigate the risk of windstorm damage. The home's interior side of the exterior walls will be rehabilitated. Exterior walls will receive new insulation and gypsum board, which will be taped, floated, and primed with anti-mold primer for enhanced protection. These improvements will ensure compliance with current energy code requirements. Additionally, the home will be equipped with a new water heater, domestic water piping, and sanitary waste and vent piping. The electrical work will involve replacing existing lights with LED luminaires and providing lighting protection. However, due to budgeting challenges additional interior work was not included. Major items that still needs to addressed are interior improvements and millwork, an accessible route to connect to the public entrance, and rehabilitating the porch decking, steps, guards, and handrails. The priority of the current project was to weatherproof the building and protect it from further damage, ensuring the structure is preserved for future rehabilitation when additional funding becomes available. PROJECT TIMELINE: 2023/2024 20241 1 December — June August — October November — August Design Bid/Award Construction Project schedule reflects award in December 2024 with anticipated completion by August 2025. COMPETITIVE SOLICITATION PROCESS: On August 5, 2024, the Contracts and Procurement Department issued a Request for Bids with the RFB number 6026 for the Littles-Martin House Improvements. On September 4, 2024, The City of Corpus Christi received bids from three bidders. The city analyzed the bids in accordance with the contract documents and determined DGS General Construction Group, LLC is the lowest responsive, and responsible bidder. An administrative hearing was held with DGS General Construction Group, LLC on October 8, 2024, to discuss the scope of the project and City's expectations with project schedule and scope of work. Engineer's Opinion of Probable Construction Cost is estimated very high due to the historic historical restoration and remodeling of the facility. A summary of the bid is provided below: BID SUMMARY CONTRACTOR BASE BID + Alternates DGS General Construction Group, LLC, Corpus Christi, Texas $458,900.57 BRTexas, New Braunfels, Texas $678,489.04 Araiza General Construction, San Benito, $794,673.50 Texas Engineer's Opinion of Probable $913,731.00 Construction Cost DGS General Construction is a local contractors established over a decade ago and has since thrived in the construction industry primarily as a general contractor with headquarters in Corpus Christi, Texas. Recent projects awarded in Corpus Christi are: (1)WTP Oil Shed Relocation, (2) Choke Canyon- Floor Replacement, (3) Swantner Lindale Rec. & Senior Center Hollow Metal Double Door R&R (4) Swantner Lindale Rec Center Hollow Metal Double Door R&R, (5) Wesley Seale Damn (Operations & Maintenance Building Install Vinyl Tile & Paint Interior Walls. DGS General Construction has numerous facility improvements and new construction projects awarded within the surrounding area: Sabine Pass ISD, GPISD and Corpus Christi Hooks. ALTERNATIVES: The alternative is not to award the construction contract to the responsive and responsible bidder, DGS General Construction. If the contract is not awarded, the Littles-Martin House will remain vacant and vulnerable to further weather damage. This continued exposure will likely attract more vandalism, increasing the risk that the house may deteriorate beyond repair.Without intervention, there may eventually be no structure left to rehabilitate, jeopardizing the future restoration of this historic home. FISCAL IMPACT: The fiscal impact in FY 2025 is an amount of $458,900.57 with funds available from the Community Development Block Grant (CDBG) Program. Funding Detail: Fund: CDBG Grants (Fund 1059) Department: Parks & Rec (24) Org: Grants and Capital Projects (89) Account: Construction Contract (550910) Activity: 852407F Amount $458,900.57 Amount: $458,900.57 RECOMMENDATION: Staff recommend awarding a construction contract for the Littles-Martin House Improvements (CDBG) to DGS General Construction in the amount not to exceed $458,900.57 with anticipated completion by August 2025. LIST OF SUPPORTING DOCUMENTS: Agenda Memo Bid Tabs CIP Page Location and Vicinity Maps PowerPoint Presentation COF RFB 6026 Littles-Martin House Project No.82407F(24115)-REBID ID:RFB6026 Item Description Unit Quantity DGS General C Total BRTexas Total Araiza General Total Base Bid Part A-GENERAL Al Mobilization(Not to exceed 5%) LS 1.00 $2,400.00 $2,400.01 $30,000.00 $30,000.00 $37,800.00 $37,800.00 A2 Construction Fencing LS 1.00 $38,602.08 $38,602.08 $4,030.00 $4,030.00 $10,000.00 $10,000.00 Sub Totals $41,002.08 $34,030.00 $47,800.00 Part B-EXISTING CONDITIONS 31 Protect structural items and roofing LS 1.00 $0.00 $0.00 $4,070.00 $4,070.00 $9,600.00 $9,600.00 Item 31 is covered and included in Item B8 B2 Remove siding from exterior and save for LS 1.00 $1,432.88 $1,432.88 $16,311.00 $16,311.00 $16,725.00 $16,725.00 reuse B3 Remove and dispose of existing wood LS 1.00 $2,410.08 $2,410.08 $2,094.00 $2,094.00 $4,162.50 $4,162.50 facia/trim 64 Remove exterior doors,salvage and store EA 3.00 $184.00 $552.00 $252.00 $756.00 $350.00 $1,050.00 for reuse B5 Remove and dispose of existing EA 16.00 $150.00 $2,400.00 $47.25 $756.00 $350.00 $5,600.00 windows/frames Remove and replace/repair wall sill plates Item B6 is covered and B6 around perimeter house(assuming piers are LS 1.00 $0.00 $0.00 $20,000.00 $20,000.00 $14,787.00 $14,787.00 included in Item C1 in good shape) B7 Remove interior wall wood sheathing LS 1.00 $0.00 $0.00 $4,070.00 $4,070.00 $12,042.00 $12,042.00 Item B7 is covered and included in Item C4 B8 Remove Wood Roof,Decking,& SF 1,490.00 $2.30 $3,427.00 $3.11 $4,633.90 $6.50 $9,685.00 Underlayment Sub Totals $10,221.961 $52,690.90 $73 651.50 WOODS, ■COMPOSITES C1 Provide and install new,treated wood sill LS 1.00 $1,026.00 $1,026.00 $9,595.00 $9,595.00 $9,800.00 $9,800.00 plate C2 Repair all damaged or missing exterior wood SF 1,490.00 $9.61 $14,318.90 $8.56 $12,754.40 $6.00 $8,940.00 studs and fire blocking C3 Install new TDI rated hurricane strapping LS 1,490.00 $3.67 $5,468.30 $0.81 $1,206.90 $4.40 $6,556.00 where required on exterior walls. C4 Install new 3/4"wood sheathing complying SF 2,250.00 $5.48 $12,330.00 $5.99 $13,477.50 $8.50 $19,125.00 with TDI Windstorm requirements Reinstall existing salvaged wood siding and C5 new siding milled as needed to complete LS 1.00 $26,334.80 $26,334.80 $85,393.00 $85,393.00 $69,075.00 $69,075.00 exterior. C6 Repair interior framing and provide fire SF 720.00 $8.93 $6,429.60 $28.78 $20,721.60 $7.00 $5,040.00 blocking C7 Repair Roof Joists&Truss SF 1,490.00 $8.37 $12,471.30 $28.78 $42,882.20 $15.00 $22,350.00 Provide and install Roof Decking& C8 Underlayment per TDI windstorm SF 1,490.00 $3.63 $5,408.70 $9.68 $14,423.20 $27.50 $40,975.00 requirements C9 Provide and install Asphalt Shingle Roof SF 1,490.00 $2.57 $3,829.30 $5.73 $8,537.70 $25.00 $37,250.00 system(Cedar Shingle aesthetics) Sub Totals $87,616.90 $208,991.50 $219,111.00 Part■ ••ENVELOPE D1 Install new windows,doors,and wall LS 1.00 $0.00 $0.00 $25,637.00 $25,637.00 $18,700.00 $18,700.00 Item D1 is covered and flashing included in Items F2&F3 D2 Install new roof flashing and trim LF 215.00 $0.00 $0.00 $9.19 $1,975.85 $45.00 $9,675.00 Item D2 is covered and included in Item C5 D3 Install R-15 thermal haft insulation LS 1.00 $7,411.20 $7,411.20 $10,314.00 $10,314.00 $12,978.00 $12,978.00 Sub Totals $7411.20 $37926.85 $41,353.00 INTERIOR IMPROVEMENTS E1 Install 5/8"Type'X"gypsum board SF 2,655.00 $4.38 $11,628.90 $3.02 $8,018.10 $5.00 $13,275.00 E2 Install 5/8"Mold&Moisture Resistant SF 305.00 $8.63 $2,632.15 $3.43 $1,046.15 $5.00 $1,525.00 gypsum board E3 Replace ceiling with 5/8"type"x"gypsum LS 1.00 $6,289.47 $6,289.47 $4,885.00 $4,885.00 $8,642.00 $8,642.00 board E4 Install acoustic blanket insulation LS 1.00 $1,800.00 $1,800.00 $5,805.00 $5,805.00 $3,500.00 $3,500.00 Sub Totals $22,350.52 $19,754.25 $26,942.00 OPENINGSPart IF- F1 Repair and/or replace exterior door and EA 3.00 $0.00 $0.00 $775.33 $2,325.99 $900.00 $2,700.00 Item F1 is covered and frame included in Item F2 F2 Install new interior 3'0"x6'-8"door and frame EA 3.00 $8,032.13 $24,096.39 $1,007.00 $3,021.00 $450.00 $1,350.00 F3 Install new TDI rated impact resistant wood EA 16.00 $1,323.37 $21,173.92 $2,800.00 $44,800.00 $950.00 $15,200.00 double hung windows,and frames F4 Repair framing of existing openings and EA 3.00 $0.00 $0.00 $775.33 $2,325.99 $500.00 $1,500.00 Item F4 is covered and headers to like-new conditions included in item C6 F5 Hardware at interior doors EA 3.00 $0.00 $0.00 $134.33 $402.99 $150.00 $450.00 Item F5 is covered and included in item F2 F6 Hardware at exterior doors EA 3.00 $0.00 $0.00 $134.33 $402.99 $250.00 $750.00 Item F6 is covered and included in item F2 Sub Totals 1 $45,270.31 Part G-FINISHES G1 Tape,Float,and Texture Interior Walls LS 1.00 $14,260.65 $14,260.6 $10,031.00 $10,031.00 $10,350.00 $10,350.0 G2 Prime Interior Walls and Ceilings LS 1.00 $6,289.46 $6,289.4 $3,156.00 $3,156.00 $8,625.00 $8,625.00 G3 Apply vapor barrier LS 1.00 $0.00 $0.00 ncluded in Item G1$3,489.00 $3,489.00 $8,000.00 $8,000.0 Item G3 is covered and included in Item C8 G4 Paint Exterior wood Siding and Trim SF 2,240.00 $2.92 $6,540.80 $13.17 $29,500.80 $4.00 $8,960.00 G5 Paint Interior Gypsum Ceiling SF 1,340.00 $1.94 $2,599.60 $3.47 $4,649.80 $2.50 $3,350.00 G6 Paint Interior Walls SF 3,450.00 $1.84 $6,348.00 $3.16 $10,902.00 $2.50 $8,625.00 G7 Tape,Float,and Texture Ceiling LS 1.00 $0.00 $0.00 $3,896.00 $3,896.00 $4,690.00 $4,690.00 Item G7 is covered and i Sub Totals $36,038.51 � Part H-PLUMBING H1 Domestic Water Piping LF 50.00 $134.08 $6,704.00 $191.90 $9,595.00 $350.00 $17,500.00 H2 Sanitary Waste and Vent Piping LF 75.00 $89.38 $6,703.50 $287.84 $21,588.00 $350.00 $26,250.00 H3 Water Heater EA 1.00 $6,704.00 $6,704.00 $3,358.00 $3,358.00 $1,850.00 $1,850.00 Sub Totals $20,111.50 $34,541.00 $45,600.00 Part I-ELECTRICAL 11 Remove and replace existing soffit light EA 4.00 $86.25 $345.00 $436.25 $1,745.00 $350.00 $1,400.00 fixtures with LED fixtures per drawings 12 Lighting Protection LS 1.00 $345.00 $345.00 $1,745.00 $1,745.00 $1,800.00 $1,800.00 Sub Totals $3,490.00 $3,200.Q -ALLOWANCESPart J J1 Bonds and Insurances AL 1.00 $21,000.00 $21,000.0 $11,049.00 $11,049.00 $39,500.00 $39,500.0 J2 Unforeseen Conditions AL 1.00 $56,000.00 $56,000.0 $56,000.00 $56,000.00 $56,000.00 $56,000.0 J3 General Conditions AL 1.00 $19,600.00 $19,600.0 $41,903.00 $41,903.00 $23,000.00 $23,000.0 J4 Termite and Pest Control AL 1.00 $4,470.00 $4,470.0 $4,470.00 $4,470.00 $4,470.00 $4,470.0 Sub Totals $101,070.00 $113,422.00 $122,970.0 Grand Total $371,782.9E $623,750.06 $655,177.5 Alternate 1 Part K-ADDITIVE ALTERNATE NO.1 -NEW ACCESSIBLE RESTROOM AND BREAKROOM K1 Provide and install ADA/TAS water closet, EA 1.00 $600.00 $600.00 $1,438.00 $1,438.00 $350.00 $350.00 floor mounted K2 Provide and install new 36"grab bar EA 1.00 $94.34 $94.34 $67.00 $67.00 $75.00 $75.00 K3 Provide and install new 42"grab bar EA 1.00 $108.14 $108.14 $78.00 $78.00 $80.00 $80.00 K4 Provide and install new Restroom soap EA 1.00 $65.06 $65.06 $109.00 $109.00 $65.00 $65.00 dispenser K5 Provide and install new Restroom mirror EA 1.00 $180.00 $180.00 $250.00 $250.00 $400.00 $400.00 K6 Provide and install new toilet paper EA 1.00 $54.24 $54.24 $77.00 $77.00 $65.00 $65.00 dispenser K7 Provide and install new coat hook EA 2.00 $27.24 $54.48 $25.00 $50.00 $30.00 $60.00 K8 Provide and install new Restroom counter LF 3.00 $234.54 $703.62 $98.33 $294.99 $600.00 $1,800.00 p K9 Provide and install new Restroom sink(w/ EA 1.00 $4,328.84 $4,328.84 $300.00 $300.00 $300.00 $300.00 faucet) K10 Provide and install new Restroom base LF 3.00 $948.73 $2,846.19 $166.66 $499.98 $250.00 $750.00 cabinets,to meet ADA/TAS K11 Protop and install new Break Room counter LF 10.00 $70.36 $703.60 $100.00 $1,000.00 $1,000.00 $10,000.00 K12 Provide and install new Break Room sink( EA 1.00 $4,328.84 $4,328.84 $300.00 $300.00 $300.00 $300.00 w/faucet) K13 Provide and install new Break Room base LF 10.00 $284.62 $2,846.20 $200.00 $2,000.00 $250.00 $2,500.00 cabinets,to meet ADA/TAS K14 Provide and install new Break Room wall LF 7.00 $406.60 $2,846.20 $121.43 $850.01 $300.00 $2,100.00 mounted cabinets K15 Provide and install electrical in Restroom per LS 1.00 $8,325.69 $8,325.69 $100.00 $100.00 $3,571.00 $3,571.00 drawings K16 Provide and install electrical in Break Room LS 1.00 $3,689.89 $3,689.89 $100.00 $100.00 $1,500.00 $1,500.00 per drawings K17 Provide and install Restroom exhaust fan EA 1.00 $970.98 $970.98 $175.00 $175.00 $430.00 $430.00 Sub Totals $32,746.31 $7,688.98 $24,346.00 Grand Total $32,746.31 $7,688.98 $24,346.00 ADDITIVEAlternate 2 • • DATA ■ L1 Install electrical to meet current codes LS 1.00 $9,350.00 $9,350.00 $16,750.00 $16,750.00 $12,000.00 $12,000.00 L2 Install comms and data per drawings LS 1.00 $9,350.00 $9,350.00 $2,800.00 $2,800.00 $30,000.00 $30,000.00 L3 Install conduits for electrical whips for future LS 1.00 $9,350.00 $9,350.00 $1,250.00 $1,250.00 $15,650.00 $15,650.00 security Sub Totals $28,050.00 $20,800.00 $57,650.00 Grand Total $28,050.00 $20,800.00 $57,650.00 -ADDITIVEAlternate 3 Part M • .3-HVAC REPLACEMENT M1 HVAC Demolition LS 1.00 $6,000.00 $6,000.00 $3,000.00 $3,000.00 $5,500.00 $5,500.00 M2 HVAC Equipment,Air Devices,and LS 1.00 $20,321.28 $20,321.28 $23,250.00 $23,250.00 $52,000.00 $52,000.00 Ductwork Sub Totals $26,321.28 $26,250.00 $57,500.00 Grand Total $26,321.28 $26,250.00 $57,500.00 Legend Conference call held with Engineering Services and apparent Low Bidder to discuss Items Combined in other Bid Items missing bid items and concerns on pricing. Contractor has combined the missing item cost with other items in the Bid Form. Contractor has assured they are current Questions asked to contractor with market pricing and their bid is inclusive of all items. Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 24115 �`'�~ Project Name Littles-Martin House Type Reconditioning-Asset Department Parks&Recreation Useful Life 25 years Contact Director of Parks&Recreations Category Building Rehabilitation Priority Priority Level 1 Council District 1 "" Status Active Description This projects consists of design and construction to restore and preserve this historic building.CDBG project 852407F. Justification To maintain historical sites and property. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 913,083 913,083 Design 51,778 51,778 Eng,Admin Reimbursements 106,135 106,135 Total 1,070,996 1,070,996 Funding Sources Prior Years 2025 2026 2027 Total General Fund(New) 199,111 199,111 General Fund(Prior) 28,400 28,400 Grant-CDBG 843,485 843,485 Total 1,070,996 1,070,996 Budget Impact/Other An assessment will be done upon completion of project to determine maintenance costs. 111 9MF 5 . PROJECT LOCATION A00 g areas a a«sn .. N AffW �` SCALE: N.T.S. CORPUS CHRISTI BAY '+ 10 - LOCATION MAP s NOT TO SCALE 4 HUGHES ST � _ bM, w n 181 Nor 1, LITTLES—MARTIN '' rn HOUSE Irk, ' 181 - � '►` i PROJECT LOCATION a� RESACA ST } jL M AERIAL MAP NOT TO SCALE PROJECT NUMBER: 852407F LITTLES — MARTIN HOUSE CITY COUNCIL EXHIBIT !' CITY OF CORPUS CHRISTI, TEXAS I ' BUILDING ENVELOPE RENOVATION DEPARTMENT OF ENGINEERING SERVICES L46 Corpus Chr sti Engineering Littles-Martin House (CDBG) Council Presentation ►� October 15, 2024 Littles-Martin House (CDBG) Corpus Chrsti Engineering Littles-Martin House Improvements consist of ➢ Building envelope renovation ➢ Roof replacement ➢ Necessary elements to comply with TDI windstorm requirements ➢ New accessible restroom ➢ Bring the electrical system up to current code ➢ Replace HVAC system 2 ��us cN O � ' Existing Conditions Engineering - Project Scope - +a Corpus Chr sti Engineering This construction contract for Littles-Martin House includes: • Removal and replacement of all exterior siding, wood fascia/trim, and roof. • Installation of all necessary elements to comply with TDI Windstorm requirements. • New insulation, and gypsum board in all interior walls. • Tape, float, and anti-mold primer for all interior walls. • Repairs/replacement of doors and frames. • Replacement of all windows with impact-resistant double-hung windows. • Additive alternates: construction of a new accessible restroom, bringing the electrical system up to code, and HVAC replacement. Project Schedule @,,i4) Corpu*ChI Engineering 1 1 1 2025 December-June October-December January-August Design Bid/Award Construction The project schedule reflects City Council award in December 2024 with anticipated design completion by August 2025. so o N AGENDA MEMORANDUM NCORPOa I First Reading for the City Council Meeting of October 22, 2024 1852 Second Reading for the City Council Meeting of October 29, 2024 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for Street Oversizing for street infrastructure improvements at King's Landing Unit 5. CAPTION: Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct Lady Alexa Drive and Natasha Lane with Roller Compacted Concrete for the King's Landing Unit 5 subdivision. (District 3) SUMMARY: MPM Development, LP is developing a new residential subdivision and is required to construct the street infrastructure improvements. Developer has agreed to enter into a developer participation agreement for the oversized street improvements. The estimated one-time City portion of the cost is $846,528.72. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, has requested and will be eligible for reimbursement through a developer participation agreement for the street infrastructure improvements at King's Landing Unit 5 for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to utilizing Developer Participation funds to construct the required street infrastructure improvements would be to construct the improvements under a city-initiated CIP project. This option would most likely delay the development of the property until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned residential subdivision in a timely manner. FINANCIAL IMPACT: The $846,528.72 in funding for this participation agreement come from funds that have been allocated from Public Works. This project will improve the street infrastructure of the development of the planned subdivision named King's Landing Unit 5. This request is a one-time cost associated with the development of the project. Funding Detail: Fund: 1041 Streets Department: 33 Streets Organization: 11112 Purchases with Short Term Debt Project: King's Landing Unit 5 Participation Agreement Account: 530000 Professional Services Amount: $846,528.72 RECOMMENDATION: The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings. The oversizing street infrastructure will be an improvement and provide an overall greater capacity. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Agreement (with exhibits) Presentation Location Map Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct Lady Alexa Drive and Natasha Lane with Roller Compacted Concrete for the King's Landing Unit 5 subdivision. (District 3) WHEREAS, the Developer is oversizing by constructing Lady Alexa Dr and Natasha Lane as C-3 collector street in lieu of 28' residential street; and WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement ("Agreement")with MPM Development, LP, ("Developer"), for the City's portion of the cost to construct the street infrastructure improvements including all related appurtenances for development of King's Landing Unit 5, Corpus Christi, Nueces County, Texas. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PARTICIPATION AGREEMENT For the Subdivision of King's Landing Unit 5 Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi (referred to in this Agreement as "City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and MPM Development LP, (referred to in this Agreement as "Developer"), a Texas Limited Partnership. WHEREAS, Developer desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as King's Landing Unit 5 ("Unit 5"); WHEREAS, as a condition of the Plat for Unit 5, the Developer is required to expand, extend, and construct Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane as depicted on and following the improvement requirements outlined in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, the Developer is oversizing by constructing Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane as a C-3 collector street in lieu of 28' residential local streets; WHEREAS, the Developer desires to utilize Roller Compacted Concrete (referred to in this Agreement as "RCC pavement") for the Roadway Improvements within the King's Landing Subdivision pursuant to the Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this Agreement as "Pilot Program") executed July 25, 2022, as may be amended; WHEREAS, the Developer is willing to warranty Roller Compacted Concrete Roadway Improvement for 10 years; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Developer in conjunction with the final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Developer agree as follows: Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 1 of 16 Section 1. RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering and executing this Agreement. Section 2. ROLLER COMPACTED CONCRETE PAVEMENT. Per this Pilot Program, the City agrees that it will authorize the use of roller compacted concrete pavement (as that term is defined by the RCC Pavement Council) for the King's Landing Unit 5 per the terms of the Pilot Program. (a) Developer agrees to construct all roadway improvements within Kings Landing Subdivision Unit 5 with roller compacted concrete pavement (RCC pavement), except those portions of the roadways that are cul-de-sacs, in which case traditional rebar- reinforced portland cement concrete pavement shall be utilized in conformance with the City's Unified Development Code and City Design Standards. (b) For King's Landing Unit 5, Developer shall construct the RCC pavement in accordance with the site-specific geotechnical report as depicted in Exhibit 3 and engineering plans and specifications as depicted in Exhibit 2. Concrete curb and gutter construction shall be constructed to City Design Standards. (d) Developer will construct collector streets with at least 8 inches thick roller compacted concrete. All residential local streets smaller than a collector street will be constructed with at least 7 inches thick roller compacted concrete. (e) Prior to installation of the RCC pavement, the Engineer of Record and the Geotechnical Engineer must review and approve all material submittals associated with RCC pavement prepared by the general contractor, and provide reviewed and approved submittal copies to the City. (f) Prior to installation of the RCC pavement, Developer shall submit the experience record of the RCC pavement operators and installers to the City Engineer for review. All contractors involved with the construction operations of the RCC pavement, including maintenance, repair, and replacement, must have at least five (5) years' experience in the day-to-day installation, field management, and oversight of RCC pavement projects and meet all insurance and indemnification requirements of the City Contract under which the original RCC pavement was constructed, unless modified by mutual agreement. Associated Insurance Certificates shall be submitted to the City prior to beginning work (g) Prior to installation of RCC pavement, Developer shall obtain approval of construction engineering plans from the City Engineer. (h) Prior to the acceptance of roadway improvements, the Developer's Engineer of Record must submit record drawings to the City certifying that the RCC pavement was constructed in strict accordance with the approved construction drawings and technical specifications. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 2 of 16 The authorization to utilize RCC pavement per this Agreement and the Pilot Program is limited to the King's Landing Subdivision. The City may terminate this Authorization to use RCC pavement at any time for any reason and require future streets within Kings Landing subdivision be constructed with rebar-reinforced portland cement concrete pavement meeting City Design Standards. Section 3. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. Within King's Landing Unit 5, the Developer must complete the Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane within 24 calendar months from the date this document is executed by the City. Time is of the essence in the performance of this contract. Section 4. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, the Developer will construct Lady Alexa Drive (formerly Iron Throne Drive) and Lady Natasha as C-3 collector streets with at least 8-inch thick RCC pavement per Exhibit 2 and Exhibit 3, for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 4 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane. Further, subject to the limitations set forth below, the City shall pay for a portion of the construction costs of Lady Alexa Drive (formerly Iron Throne Drive) up to $846,528.72. Section 5. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Lady Alexa Drive (formerly Iron Throne Drive) shall not exceed $846,528.72. Section 6. REIMBURSEMENT. The Developer shall be responsible for the entire up-front expenses of the Roadway Improvements for Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane. The City shall reimburse the Developer upon completion of all Roadway Improvements within Kings Landing Unit 5 contingent upon the certificate of acceptance issued by the City Engineer, sworn certification on City form that the Developer has paid all contractors and subcontractors in full, and presentment of the maintenance bond. Such reimbursement will be payable to the Developer at the address in the Notice Section of this Agreement. Section 7. PERFORMANCE AND PAYMENT BOND. Before beginning the work that is the subject of this Agreement, Developer shall provide (or cause its Contractor to provide) the City with a performance bond and a payment bond on City's approved Performance and Payment Bond forms, said forms attached hereto and labeled as Exhibit 5 and Exhibit 6, in accordance with and in satisfaction of Section 212.073 of the Texas Local Government Code in the estimated amount of the construction costs for Lady Alexa Drive (formerly Iron Throne Drive), reflecting City as Obligee thereunder. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The amount of the performance and payment bonds shall be the full cost of to construct Lady Alexa Drive (formerly Iron Throne Drive) and Natasha Lane to ensure the completion of the project. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 3 of 16 Section 8. MAINTENANCE BONDS. (a) For King's Landing Unit 5, the Developer shall provide a Maintenance Bond with a term of 7 years following completion of the Roadway Improvements within King's Landing Unit 5. The maintenance bond will be renewable biennially for the first six years and annual for the last year. The surety must give 60 days' notice of their intention not to renew the bond and failure to renew the bond is not a basis for claim on the expiring instrument. If the surety declines to renew the bond, the Developer must provide an acceptable replacement maintenance bond, irrevocable letter of credit, or cash deposit before the expiration of the maintenance bond. It is a breach of this agreement if Developer fails to provide a maintenance bond, irrevocable letter of credit, or cash deposit for the full 7-year term. The maintenance bonds, irrevocable letter of credit, or cash deposit will cover 100 percent of the replacement cost for Lady Alexa Drive (formerly Iron Throne Drive) and Roadway Improvements within the King's Landing Unit 5 with traditional rebar-reinforced portland cement concrete pavement. In addition, before any reimbursement to the Developer for the construction of Lady Alexa Drive (formerly Iron Throne Drive), the developer shall submit the maintenance bond for King's Landing Unit 5 and associated power of attorney to the City Engineer in forms approved by the City Attorney, said form attached hereto and labeled as Exhibit 7. (b) If a letter of credit is utilized as financial security under this Agreement, the content of the irrevocable letter of credit must be pre-approved by the City's Chief Financial Officer and City Attorney, be issued by a banking institution having a local branch office within the State of Texas, be valid for a period of 12 months from the date of issuance or longer. The Developer must ensure that the letter of credit is kept valid at all times during the maintenance period. The letter of credit must be renewed by the Developer before expiration, and proof of such renewal must be received by the City at least thirty days prior to the expiration of the then current letter of credit. If timely renewal is not received by the City, or cash in lieu thereof is not deposited as financial security with the City, the City may, after ten days prior written notice to the Developer, call (redeem) the letter of credit for failure to timely renew. If the letter of credit is called for failure to timely renew, the funds will be held in an account as if cash had been posted by the Developer for this Agreement in lieu of the letter of credit. The City shall not be liable for interest on any letter of credit so called nor shall the City be liable to the Developer for the accrual or payment of interest on any type of financial security posted by the Developer pursuant to this Agreement. (c) If financial security is provided and the Developer fails to maintain and repair streets as stated in this Agreement, the Developer agrees that the City, after notice in writing to the Developer, may transfer the cash funds received or call (redeem) the letter of credit and transfer the funds (if the financial security provided was in the form of a letter of credit) to the appropriate City account. If the maintenance and repair cost exceed the irrevocable letter of credit or cash deposit, the Developer shall reimburse the City for Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 4 of 16 any additional costs related to maintenance and repair within 30 days after the City invoices. Section 9. MAINTENANCE. (a) During the period of at least 7 years following acceptance of roadway improvements, all maintenance and repairs of the Roadway Improvements in the King's Landing subdivision Unit 5 will be performed entirely and exclusively by Developer. Failure of the Developer to promptly complete all maintenance and repairs of all streets in this subdivision will be a violation and breach of this agreement. The Developer shall complete all such maintenance or repairs of the streets within 60 days after being requested in writing to do so by the City Engineer. (b) Any deficiencies occurring during the Maintenance Period shall be immediately repaired at Developer's sole expense in accordance with the repair and replacement descriptions below and in accordance with the Pilot Program. Deficiencies requiring repair shall include: 1 .Minor Cracks. any crack greater than 1/8-inch and less than 1/4-inch other than cut joints; 2.Minor Differential Vertical Separation. any differential vertical separation between RCC pavement panels equal to or less than 1/8-inch across the joint; 3.Minor Spalling. any spalling, honeycombing, or other defects less than 2 square feet or less than 1-inch deep; 4. Minor Curb Separation. any separation of RCC pavement from curb and gutter equal to or less than-1/8 inch; and 5.Joint Sealant. any separated, cracked, or missing joint sealants. (c) Repairs shall include: 1 .Minor Cracks. Any crack greater than 1/8-inch and less than 1/4-inch width shall be sealed with a City-approved flowable elastomeric pavement crack sealant (Sikaflex or equal). Minor cracks will not include any differential vertical movement (up-down) greater than 1/8-inch across the joint. 2.Minor Differential Vertical Separation. Any differential vertical separation between RCC pavement panels equal to or less than 1/8-inch across the joint shall be diamond grinded to eliminate differential vertical separation. 3.Minor Spalling. Any surface spalling of areas less than 2 square feet or less than 1-inch deep shall be high-pressure wash prepared to remove all dirt, debris, Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 5 of 16 and loose material, prepared with a bonding agent, and filled with a low-shrink epoxy modified grout. 4. Minor Curb Separation. Any separation of RCC pavement from curb and gutter equal to or less than 1/8-inch shall be sealed with a City-approved flowable elastomeric pavement crack sealant (Sikaflex or equal). 5.Joint Sealant. Any separated, cracked, or missing joint sealants shall be cut out and replaced with new elastomeric joint sealant (Sikaflex or equal)following high- pressure wash joint cleaning. (d) During the first 7 years following acceptance of RCC pavement roadway improvements, the City will not complete any maintenance or repairs of RCC pavement Roadway Improvements. The City Manager is prohibited from authorizing city staff from making any repairs during the first 7 years following acceptance of RCC pavement roadway improvements. (e) Developer shall notify the City Engineer prior to repair to allow for inspection and approval of repair work. (f) The City Engineer will be the final authority in determining deficiencies and level of deficiencies of RCC pavement. Section 10. REPLACEMENT. (a) During the period of at least 10 years following acceptance of roadway improvements, the Developer shall replace RCC panels with deficiencies identified in this section. All replacement of RCC panels in the Kings Landing subdivision will be performed entirely and exclusively by Developer at Developer's sole expense. The Developer shall complete all such replacement of the street panels within 60 days after being requested in writing to do so by the City Engineer. (b) Deficiencies requiring replacement shall include: 1. Major Cracks. any panel with a crack across 50% of the length or width of the panel and greater than 1/4-inch at any point in the crack; 2. Major Differential Vertical Separation. any differential vertical separation between panels greater than 1/8-inch; 3. Major Curb Separation. separation of RCC pavement panel from curb and gutter greater than 1/8-inch; 4.. Uncontrolled Cracking. a RCC pavement panel with more than one uncontrolled crack; and 5. Major Spalling. any spalling, honeycombing, or other defects greater than 2 square feet or more than 1-inch deep. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 6 of 16 (c) Replacements shall include: 1 . Major Cracks. Any RCC pavement panel with a crack greater than '/4-inch width across 50% of the length or width of the panel will be replaced with new RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 2. Major Differential Vertical Separation. Any differential vertical separation between RCC panels at any location with differential movement (up-down) greater than 1/8-inch across shall be replaced with new RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 3. Major Curb Separation. Any RCC pavement panel with separation from curb and gutter more than 1/8-inch shall be replaced with RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints in a manner that keeps the original alignment oOf the curb and gutter. 4. Uncontrolled Cracking. Any RCC pavement panel with more than one uncontrolled crack will be replaced with new RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. 5. Major Spalling. Any RCC pavement panel with surface spalling of areas greater than 2 square feet or more than 1-inch deep shall be replaced with RCC pavement panel or traditional rebar-reinforced portland cement concrete pavement with sealed perimeter construction joints. (d). Saw cut. Any panel being replaced shall be saw cut out to the nearest adjacent contraction or expansion joints and replaced. (e) RCC Pavement System Failure. In the event of major cracking or major spalling deficiencies of more than 30% of RCC pavement panels on a street within the first 7 years, the City may in its sole determination and discretion require the removal and replacement of all RCC pavement panels within the subject street, both deficient and non-deficient RCC pavement panels, with traditional rebar-reinforced portland cement concrete pavement meeting City specifications. Any such roadway segment replacement will be at the Developer's cost. (f) Developer shall notify the City Engineer prior to replacement of RCC pavement panels to allow for inspection and approval of replacement work. (g) The City Engineer will be the final authority in determining deficiencies and level of deficiencies of RCC pavement. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 7 of 16 Section 11 . WARRANTY. The Developer shall fully warrant the workmanship and construction of the Roadway Improvements within the King Landing Subdivision for a period of 10 years from and after the date of acceptance of the Roadway Improvements by the City Engineer. Upon notice by City of any defects and faults in materials, workmanship and design, Developer shall promptly, but no later than 60 days after notice, correct such defects and/or faults to the satisfaction of the City. Section 12. INSURANCE. Insurance requirements are as stated in Exhibit 8, the content incorporated by reference into this Agreement as if fully set out here in its entirety. Before performance can begin under this Agreement, the Developer must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and Development Services Department. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the written request. Section 13. CONSTRUCTION. The planned Roadway Improvements shall be constructed in accordance with the Pilot Program, approved Plans, Geotechnical Engineering Reports, and related specifications and industry standard practices. Section 14. INSPECTIONS. (a)Throughout construction, the City may conduct periodic inspections and either approve the progress of the Roadway Improvements or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Roadway Improvements. (b)Following completion of the Roadway Improvements, the City may conduct periodic inspections of the Roadway Improvements and will promptly notify the Developer of any defects and faults in materials, workmanship, and design. (c) The Developer or its representative shall attend quarterly site inspections with the City during the first 3 years of the warranty period to observe the RCC pavement and identify and document any needed repairs or replacements. After the first 3 years of quarterly inspections, inspections shall be every 6 months thereafter until the 10 year of warranty is met. The City will develop an associated Required Repair or Replacement plan following inspection, provided to the Developer for execution. All identified repairs or replacements shall be completed within 60 days of that plan unless the Developer and its approved contractor are delayed by force majeure or other events beyond its control. Section 15. INDEMNIFICATION. Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands, suits, and causes of Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 8 of 16 action of any nature whatsoever asserted against or recovered from indemnitees on account of injury or damage to person including, without limitation on the foregoing, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with Roadway Improvements within the Kings Landing Subdivision, including the injury, loss, or damage caused by the contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity survives the termination of this Agreement. Section 16. DEFAULT. The following events shall constitute default: (a). Developer fails to submit plans and specifications for the Roadway Improvements to the City Engineer in advance of construction. (b). Developer does not reasonably pursue construction of the Roadway Improvements under the approved plans and specifications. (c). Developer fails to complete construction of the Lady Alexa Drive (formerly Iron Throne Drive, under the approved plans and specifications within 24 months. (d). Developer fails to perform warranty work. (e). Either the City or the Developer fails to comply with its duties or obligations under this Agreement. Section 17. NOTICE AND CURE. (a). In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. (b). After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 9 of 16 (c). In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. (d). Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in Notice Section of this agreement, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. (e). In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1 . Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. (f). In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 18. FORCE MAJEURE. (a). The term "force majeure" as employed in this Agreement means and refers to acts of God; acts of a public enemy; insurrections; riots; epidemics; landslides; earthquakes; fires; hurricanes; explosions; or other causes not reasonably within the control of the party claiming the inability. (b). If, by reason of force majeure that is not known or reasonably anticipated at the time of this agreement, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 19. NOTICES. (a). Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Developer: City of Corpus Christi MPM Development, L.P. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 10 of 16 Attn: Director, Development Services Attn: Moses Mostaghasi 2406 Leopard Street / 78401 PO Box 331308 P.O. Box 9277/78469-9277 Corpus Christi, Tx 78401 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: City Engineer 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas (b). Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. (c). Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 20. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Improvements, contracts for testing services, and contracts with the contractor for the construction of the Roadway Improvements must provide that the City is a third-party beneficiary of each contract. Section 21 . DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code Sec. 2- 249, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 9. Section 22. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties"with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 11 of 16 more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser, or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at htti)s://www.ethics.state.tx.us/legal/ch46.htm1. Section 23. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Section 24. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected, and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 25. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 26. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Roadway Improvements. It supersedes all prior or contemporaneous understandings or oral or written representations regarding the subject matter hereof. Section 27. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 28. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 29. AUTHORITY. Each Party represents and warrants that it has the full right, power, and authority to execute this Agreement. Section 30. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, not an officer, agent, servant, or employee of the City. Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors, and consultants. The doctrine of respondent superior shall not apply between City and Developer, its officers, agents, Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 12 of 16 employees, contractors, subcontractors, and consultants. Nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 31. NON-APPROPRIATION. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in the said budget. It is within the sole discretion of the City's City Council to determine whether to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Section 32. WAIVER OF TRIAL BY JURY. City and Developer agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 33. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 34. NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 35. PILOT PROGRAM FOR RCC ROADWAY IMPROVEMENTS Public Improvements shall be designed and constructed in compliance with Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement, as amended. Maintenance and warranty for Public Improvements will be provided in accordance with the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement, as amended. Any conflict between this agreement and the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement, the Pilot Program for Roller Compacted Concrete Roadway Improvements agreement shall control. Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 13 of 16 Exhibits Attached and Incorporated by Reference: Exhibit 1 — Plat — King's Landing Unit 5 Exhibit 2 — Public Improvement Plans — King Landing Unit 5 Exhibit 3 — Geotechnical Report (Specific to Kings Landing Unit 5) Exhibit 4 — Cost Estimate Exhibit 5 — Performance Bond Exhibit 6 — Payment Bond Exhibit 7 — Maintenance Bond Exhibit 8 — Insurance Exhibit 9 — Disclosure of Interest Incorporated by Reference Only: Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement (referred to in this Agreement as "Pilot Program") Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 14 of 16 DEVELOPER: MPM Development, LP Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2024, by Moses Mostaghasi, General Partner of MPM Development, LP, on behalf of said company. Notary Public's Signature Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 15 of 16 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Participation Agreement Subject to Pilot Program for Roller Compacted Concrete Roadway Improvements Agreement Page 16 of 16 EXHIBIT 1 OSO CREEK PLAT OF KING'S LANDING UNIT 5 COUNTY OF NUECES A "01 SAID 27.31i OTR. NDNA PQITION.FEAS130.5)OiAIRE TRACT..DOC.I NO. 2019051482� IPI 0.R. SAID 2).311 IRE ABSTRACT BEING A PORTION OF SURVEY 35 ABSTRACT 591.CERTIFICATE DAB'RACED WITHIN METBOUNOMIES OF ME MIECOING PEAT. OVENERS OF ME A LIEN TEN FAVOR 29 D SURVEY 139. B[ROT WTTOn OCERTIFICATE E ES OSAID SURVEYS NAMED CIIAOR[LLA OF THAT WE HAVE HAD SAID IAWD SURVEYED AND SUBONDEO M Ro.°HO`H"IUGLIJLµE E.ARE�R ME PRPas6oFTE0 OR�PUSUC SLFOREVER CORPUS CHRISTI, NUECES COUNTY, TEXAS R" D 5DD IDDD 2DDD AN THAT I Ev u N AN N. SCALD N THIS ME—onY OF 20— FTY ASS & WELSH ENGINEERING COMP.NO:iPLAi�SHI)Y23 SEBASTIAN LN SDRVEY REG. NO 100027-00,TX ENGINEERING oB NQ-230U) KHBgII]I SCALE t'=50' REG. N0. F-52, 3054 S.ALAMEDA STREET, PLOT SCALE SAME MOSSA MOSTACHASI.OENDLL PARTNER CORPUS CHRISTI, TEXAS 78404 SHEET I OF 3 3 REY STATE OF TEEEAS { y LADY Y GLI COUNTY OF NUECES { "SITE„ BARATHEON ST Ir THIS INSTRUMENT WAS ACKNOWE£00ED�FIXRE ME BY MOSSA MOSTAGHAS.GENERAL LJ IJ RIVERTLu+DS ST. PAR11iER OF MPM CL 11,1ENT,I.P. LEGEND: MIs ME—1-OF 20� DE DRAINAGE EASEMENT Asx[A LEE D.R. DEED RECORDS,NUECES CO.,TX ORAGGEESEEENE ITARY IN STATE OF TEEEAs AND FOR THE M.R. MAP RECORDS,NUECES CO.,TX sr ® dA O.R. OFFICIAL RECORDS,NUECES CO.,TX LA. BEA ST LADY CLAUDE[ Si UE UTILITY EASEMENT STATE OF TEAS 1 6'7 COUNTY OF NUECES NIxON M.WELSH,RECCISTERED�OFESSIONAL LAND p URVEYOIRRIFF BASS h&DWELSH �R EY M DE DN ME aRDMNO MNDER MY DIRECTION. "" aa$ MIS ME—DAY OF 20_ STATE OF TExws g I .,,....«REII COUNTY OF NUECES g NEXGN M. IELSH.R.P.L.S. ME RIVAL PEAT OF ME HERON DESCRIBED O PROPERTY WAS APPROVED BY ME SERVICES .+ F ME CITY OF CORFUS CEOUST. BRIA A WHITMIRE,P.E..CM,CPM LOCATION MAP STATE OF TEEEAS A DATE COUNTY OF NUECES { NnME)HE DO TI STATE OF TEx s 9 WEUAPPROVE ME SUBDIVISION ANDOECICATION MR ME PURPOSES AND CONSICER PONSM"i HE= MERBN—RESSED. COUNTY OF NUECES { er: ME FINAL PEAT OF ME HERON DESCRIBED PROPERTY WAS APBtOVED ON BEHALF 1. SET 5/8"IRON RODS WHERE POSSIBLE AT ALL LOT CORNERS;WHERE NOT OF ME CITY OF CORPUS CHRISTI.TO(AS By ME PEsrvNIND COMMISSION. POSSIBLE TO SET 5/8-IRON ROOS,SET NAILS OR CHISEL MARKS AT LOT nnE: MIS ME w,v of 2aJ CORNERS IF POSSIBLE.ALL IRON RODS SET CONTAIN PLASTIC CAPS LABELED BASS AND WELSH ENGINEERING. STATE IF TEVAS i KAURAN 3PRCHOUNI u""ONO,III,ALA 2. THE RECEMNG WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY COUNTY of NUECES { owRMAN SECRETARY IS THE 050 CREEK. THE TCEQ HAS NOT CLASSIFIEO THE AQUATIC LIFE USE FOR THE OSO CREEK,BUT IT IS RECOGNIZED AS AN ENVIRONMENTALLY THIS INSTRUMENT WAS ACKNOWEIDGED BEFORE ME BY (NAME), SENSITIVE AREA. THE OSO CREEK FLOWS DIRECTLY INTO THE OSO BAY. THE TCEO HAS CLASSIFIED THE AQUATIC LIFE USE FOR THE OSO BAY AS (TITLE).OF "EXCEPTIONAL"AND"OYSTER WATERS"AND CATEGORIZED THE RECEIVING MIS ME—w,v of WATER AS"CONTACT RECREATION"USE. 3. THE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID,SOUTH ZONE,MAD 1983. ME STATE OF iE%AS AND FOR STATE OF TEVAS i 4. THE ENTIRE SUBJECT SITE IS IN FEMA ZONE X,OTHER AREAS,MAP NO. COUNTY OF NUEIES A 48355CO505G(10/13/2022). I,NARA SANOS,CLERK OF ME COUNTY COURT IN AND FOR SAID COUNTY, 5. LEGAL DESCRIPTION:A 27.31 t ACRE TRACT OF LAND, MORE OR LESS, DO HEREBY CERTIFY THAT ME FOREGOING INsNummr DATED ME A PORTION OF A 293.041 ACRE TRACT, DOG. N0. 2019035726, 0.R. Env OF 20 WITH ITS CFRn—OF AND A PORTION OF A 130.570 ACRE TRACT, DOG. N0. 2019051482, O.R.. SAID 27.3L1 ACRE TRACT BEING A PORTION OF SURVEY L35 AUTHENTICATION,WAS nun Fart RECORD IN My OFACE ME w,v ABSTRACT 581, CERTIFICATE 29 AND SURVEY 139, ABSTRACT 577, CERTIFICATE 33. SAID SURVEYS NAMED CUADR ILLA IRRIGATION OF 20_AT Da.00K—M., COMPANY, NUECES CO., TX AND DULY RECORDED ME DAY OF 20_AT 6. THE TOTAL PIATTEO AREA CONTAINS 27.311 ACRES OF LAND INCLUDING O'CLOCK_M.IN ME MAP RECORDS OF SAID COUNTY IN STREET DEDICATIONS. My ME Ano S—IFSME TRUmunn murtr 7. THE YARD REQUIREMENT,AS DEPICTED,IS A REQUIREMENT OF THE UNIFIED s CHRISTI,xU. cauNN.TEKAS,ME DAY AND YEAR DEVELOPMENT CODE AND IS SUBJECT TO CHANGE AS THE ZONING MAY LAST WRITTEN.Pu CHANGE. BY: DEPUTY K 5. ALL DRIVEWAYS TO RESIOENTIFL AND COLLECTOR PUBLIC STREETS WITHIN THE TY COUNTSUBDMSION SHALL CONFORM TO ACCESS MANAGEMENT STANDARDS OUTLINED NUECES COUNTY.TEKAS IN ARTICLE 7 OF THE UDC. poll" 11 pRgEr A,SrRACr 5B1.CERrIFIuM 29. �YEI 137.AB-ACr 5 9. N89°04'28"E-591._04' _____ _--_alE R ox b m ,x x 0-11-1. -------- 3J.51' 3J.x50'o��'SOO°55'32"xE-1 1.50_---N89°04'28"E 1 110_33' - 145.60 90.4a• 5•EE )5.00' 6J.00' 6T-.. 5•UE ]5.00'] N F Jq.JB• 5 UE 58.p0 59.00' 60.TO' 61.00' 62.00' sy c o al 23 o u 24 _ 2b _ 2J - 28 - _ _ O 9877 IF 5138 IF 25 2 3 5 6 J _ 91 88 IF 8208 IF ]J18 SF 9139 SF Im 8252 IF H b438 IF b549 IF 6660 IF a 6771 IF 6882 IF _ D ry O NI� 22 q o om m 25'YR am I o am YR m O 10114 IF \l4.It' m 5.00' S•EE 63.p0'-5'EE 60. J o a 59. 5'EE 58_Op_ 59.0p_ 60.Op' -61_p0-5'EE 62.p0' ------ -- O - 0 S89.04'28'Y 102C.33' C S89'04'28'Y 2J9.1t' O VISERION CT. VISERION ST. _ _ - - O o ry88.59'37•E - - - - - N89.04.28'E 111 J.ST Z m 9J.31' N89.04'28'E 400.02' N N - O N89.04'28'E 2J9.11' A O N89.04'28'E 1020.33' I - - - _- \s_\ / j5,pp• -5'EE 6J.00' 63.00 5'EE 60.00' r M.J8' S'EE 58.00' S9.00' 60.00' 61.00 b2.00' S'EE - m .11' I 2l /• 25'vR - 25'rR J 10085 IF q Oq•5•E g5'rA - 5'AIN OOC. 0. .G. �25i v- p NO.m O.R. 27 8 6 527 CURVE DATA Im �Oy 20 y 9188 IF �^- 8208 IF u`" JJ18 IF ut`" 9139 IF m m 9524 IF u 7424 IF k J552 SF ]680 SF J808 SF J936 IF o N 26 O -- n 9t32 IF to m al O A 0=15 00'00' I °�a}°' 9861 SF o,� R=l5.00' L=IS.Op' =23.5fi' CB=S45.55'32'E N K L- -- CH=2l.21' __145.32' __ 90.30 S'pE_ JS.Op' _- 6J.00_ -63_00'-5'UE Js. 1 �, ---- 589.04'28'Y -- 5'JE -- -- - OB=90.00'00' ----5'GE-------599'04'28'u -- 5'UE --- -- N a r -- R=15.00' - ]4.JB• 58.00' S'UE 59.00' 60.Op' 61.00 62.0E' L=15.00' O $ N A =23.56' ~ Z O CB=S44.04'28'Y a CH=21.21' CD I S6 9 u 10 J 0=48'45'01' 9859 IF °' 9132 SF - l2 _ l3 -I 0 2 3 5 6 ©R=35.00' ° �� 91801 IF N 8208 IF N ]J18 SF N 9139 IF c a 1 _ olp BJpI IF Y!6J86 SF 6903 IF J020 IF J13]SF J254 IF o i=15.86' O A-- O =29.]B' m CB=N66.33'0l'Y �4 ml a N 25'YR - CH=28.89' N I� 9J q, m 25'YR m m m 25'YR O � 8 t�° I 3J.50' 3J.50' C m ti 0 R S.Goa 03 S 10078 IF q� \t4.11• _ J5.00' S'EE 6].p0' _63_10'- 60.00' J 59.le• s'EE 58_p0_ 59.00' 60.00'--6t_p0_ 62.00' -- i=49.11• © S89'Oa•28'Y 2]9.11• 0 O S89'Oa•28'Y 1020.33• o =2J1.22' s/ CB=S00.55.32•E J RHAEGAL ST. - CH=J3.85' 'O to N68.59'3J'E 0 RHAEGAL CT. - - _ - - - - OE 0=48.45'p1' (n m 96.89' - - - N89.04.28'E 400.02' N89.04.28'E I11J.80 - - Z i=15.Bb• ^ 0 - N69.04.28'E 2J99-11• - ul OA q-7 - N rve9'04'28'E 1020.33• -- - --N N L=29.JB• \a.\ / 5•EE ]s.p0• 6J.00' b3.00' s'EE 60.00' 00' S'EE 59.00' 60.00' b1.00' 6200m B=Nfi 4.41'SJ'E 14.I1' CH=28.89' J10046 SF �V 25•YR yaL 3 2 1 m1 30 29 282J H 2fiSF 8208 SF J]18 SF 9091 SFv SF J452 SF JS]9 SF J]OS SF J831 SF "'Z 6 9138 SF983SF O _ m _ - _ - - _ 0 C_J4_J8'- 58.00 59_00' 5•UE 60.00' 61.00' -62�00'= 144.J]' -- 10'UE 90.44'- - J5.00' -- 6J.00 10'UE 63.00' 60.00' B - S89'04'28'Y -U.21' la 71 4'28'V 5'UE S89°Oa 28"W 1035.55' 2 3 5 O fi _ NATASHI_A LN. _ _ - - - N KING'S LANDING UNIT 2 - - - N89'Oa•28'E 552.65• v.J0. P. l58 THRU 160,0, M.R. dl u a a 9972 IF � N89.04'28'E sap.1a• � N� �I S00°55'32'E 134.00' - E�-- F 75.00' 5'UE 67.GO' 63.00' 60.00' �o N F Bs.t0• 5•uE J5. 5. 25'YR 25'YR m m37.50' 37.50' W - q8 J -I� li? 46 - 5 44 43 5'EE 59.J8' 0 25' 50' tool 9 la 11062 SF 9J50 SF 9J50 SF acNN 9]50 IF BJlO SF N 8190 SF 9]02 SF O SBC�°O Q'28'W 59. 78' I_ '"LOIS CHESNEY Si. SCALE:t'=50' Q olmml� pl S89°oa'28"w PLAT OF m m IIm m m ^I I 75.00' KING'S LANDING UNIT 5 o� 84.92'- 5' E J5.00' 75.00' L J5.00_--6].Op• 5 UE 63.00'- J5.00'J L- _ --_-_-_--_ __ - -- --- Soo°55'32'E CORPUS CHRISTI, NUECES COUNTY, TEXAS 5�uE r _ __ 5,UE q2 I _ 37 38 39 +p O 41 . . 82. 19' BASS H ENGINEERING SE OEG:2-0SO OSi i�VJp, PS159 iHRu I60. M.R. 89 O4'28'W 5 92'G' LNOING UN[i 2 S6 _ 2r2 OF 3S xrz E.PLAT 6uR.E.6 N NUE EB °i F"ATE NIECES CO..,NPN m�"PNENT.LF 10H`B�"YS00°55'32"E 24. 37' CO..T.,1 I ANENT.LF 5' UE, DOC. N89°04'28'E 1110. 33' NO. Xx, o.R. ___ N89°04'28'E 120, 00' --------- ---------- -------------- w 3o, 3 0' ------ --- M.----- --- ------ --- 62.00' 63.00' 64.00' S'UE 65.00' 66.00• 9-7-O J0.00' 62.00' 68.00' S'uE ]5.00' ]5.55' 22 lU `n �o I l9 0l I l9 ` l2 l3 l4 5 _ 16 6 J e 9 l0 11 _ _ `"- 6993 SF J104 SF ]2l5 SF N ]326 SF I J43J SF J]JO SF 6882 SF N ]548 SF 11325 SF 8338 SF ml d a 6000 SF u 21 CURVE DATA N89.04'28'E DA D=90.00'00' C) ao a o N m R=15.00'oN 20.00• pZ n m 25'YR n 25'YR m e w _ .~. - ola o 15 20 LB23.56' 2 E a i 15.00' 62.00' 63.00'--64.00_ 5•EE 65_00•- 66.00'--6J.00_ -JO_00_ 62.�0•-- 68.00_ 5'EE )5.00_--60_55' O N ry o 6000 SF CH=2l.21' 3 of B S89.04.28'V 1020.33' w N89.04'28'E o O R--915.00'00 N 20.00' ull IN L=15.00' VISERION ST. - - - N89°04'28'E 111J.83'- - - - - N Ic w N 16 a Im l9 CB=S44.04'28'N 3 v' N89.04.28'E 1020.33• 7aE 6600 SF CH2l_ w p62.00• 63.00' 04.00 5•EE fi5.00' 66. O 6J.00' J0.00 fit..00• 68.00• rv.9°04.28'E t20 00• ml'YR 17 ]J52 SFO 2J 26 25 24 23 22 _ 21 6 l9 10'Y�8064 SF 8192 SF 8320 SF 8448 SF 95J6 SF $ G960 SF J936 SF 8]04 SF O -j,� _-- Cn S89'Oa•28'u,05. w & BARATHEON ST. �� F] m D N89.04.WE 152.25 S m J N89°04.28'E' - 5'UE - ---- n In --- --- - -- - - N89'04.28'E 105.00• 62.00• 6360' 64.00' 65.000• 66.00' 6J.00' 5•UE 7-0 00' 62.00• 68.00' J5.00' 75.55• a Z -o t-Y�I 22A 6 N ]3Jt SF ]488 SF J605 SF JJ22 SF J839 SF Jo`^- at90 SF )254 SF ]9 t6 SF BJJS SF o 8]J55 ^la w 8610 SF 18 N I (JI Cl N89'04'28'E wary ory �� p � m 120.0yn 25•YR 25'YI=z 2264.00' S•EE 65_00_ 66.00'-- fiJ.00_ -]0.00' 62.00• 68 00' J5.00• 5•EE 6¢ N a a J200 SF el o S89.04'28'u 1020.33' N w NB9.04'28'E IN l8 RHAEGAL ST. - - - - - -�` 20.00• m m 3 3 - - rv89.04.28'E 111 J.83 - - N N89'Oa'28'E 1020.33' Io 23 al N N - -- MOO SF m 62.00' 63.00' 6a.00'1-6� 00 5'EE 66.00' 6J.60' J0.00' 62.60• 68.00' S•EE J5.00' 60.55 N�A IP N a I N89-04'28-E ~ YR 25'vR 120.00' 4 2J 26 2524 23 22 21 20 l9 8 _ t] Pl0 24lJ958 SF 8084 S210 SF 8336 SF 8463 SF °° 8842 SF J831 SF k 8589 SF 94]3 SF °' 9495 SFW562.00• 6300' 64.00• 65_00_ 66.00'- fi].00' -]0.00' 62.00'- 68.00' -- J5.00• 5•UE )5.55' I ^30' I 30' I� I ]200 SF 18 aI I� -- S89°04'28"W 10 5, 55 -s"UE W 21' �m 6 e N00°55 ' . 6 J 8 9 10 It 32 O 12 13 14 5 16IIIT I KING'S LANDING UNIT 2 KING'S LANDING 1160.2 18 26 S89°04'28'W V,70, P. 156 THRU t60, N.R. V.70, P. 158 iHRu 160, N.R. 120.00' PLAT OF 0 25• 50• too, KING'S LANDING UNIT 5 CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE.1-50' BASS&R.WELSHB ENGINEERING EN rvoo:P AT-SHT3�' - PL A T ESCALE'SAlE EXHIBIT 2 z - � 1 y U 1 V LJ — . 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Box 331308 Corpus Christi, Texas, 78463 January 24, 2024 BY: PROFESSIONAL SERVICE INDUSTRIES, INC. 810 S. Padre Island Dr. Corpus Christi,Texas 78416 Phone: (361) 854-4801 lntertek Professional Service Industries, Inc. si 810 S.Padre Island Drive Corpus Christi,Texas 78416 Office (361)854-4801 January 24, 2024 MPM Homes P.O. Box 331308 Corpus Christi,Texas, 78463 Attn: Mr. Moses Mostaghasi RE: GEOTECHNICAL ENGINEERING REPORT KINGS LANDING UNIT 5 PAVEMENT STUDY BARATHEON AND LOTS CHESNEY STREETS CORPUS CHRISTI,NUECES COUNTY,TEXAS PSI Project No.03123040 Dear Mr. Mostaghasi: Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to submit this Geotechnical Engineering Report for the referenced project.This report includes the results of field and laboratory testing along with recommendations for use in preparation of the appropriate design and construction documents for this project. PSI appreciates the opportunity to provide this Geotechnical Engineering Report and looks forward to continuing participation during the design and construction phases of this project. If there are any questions pertaining to this report,or if PSI may be of further service, please contact our office. PSI also has great interest in providing materials testing and inspection services during the construction of this project. If you will advise us of the appropriate time to discuss these engineering services, we will be pleased to meet with you at your convenience. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES,INC. Texas Board of Professional Engineers Certificate of Registration#F003307 oExrER BACON.... I �..............5456m........y Philip L.Johnson, P.E. �014j,�F'.<.rcENSEo.: ��' Dexter Bacon, P.E. Principal Consultant tkki% L_°=" Chief Engineer Senior Geotechnical Engineer 1/22/2024 www.intertek.com/building Lon TABLE OF CONTENTS Page No. 1.0 PROJECT INFORMATION ...................................................................................................................................1 1.1 PROJECT AUTHORIZATION...................................................................................................................................1 1.2 PROJECT DESCRIPTION........................................................................................................................................1 1.3 PURPOSE AND SCOPE OF SERVICES........................................................................................................................1 2.0 SITE AND SUBSURFACE CONDITIONS.................................................................................................................3 2.1 SITE DESCRIPTION.............................................................................................................................................3 2.2 FIELD EXPLORATION...........................................................................................................................................3 2.3 LABORATORY TESTING PROGRAM.........................................................................................................................4 2.4 SITE GEOLOGY..................................................................................................................................................4 2.5 SUBSURFACE CONDITIONS...................................................................................................................................4 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS.................................................................................6 3.1 GEOTECHNICAL DISCUSSION.................................................................................................................................6 3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS..............................................................................................6 3.3 UTILITY EXCAVATION AND LATERAL EARTH PRESSURE CONSIDERATIONS.........................................................................7 3.4 DISCUSSION OF BEDDING AND BACKFILL MATERIALS..................................................................................................7 3.5 EXCAVATION AND SHORING CONSIDERATIONS.........................................................................................................8 4.0 PAVEMENT DESIGN RECOMMENDATIONS........................................................................................................9 4.1 PAVEMENT DESIGN PARAMETERS.........................................................................................................................9 4.2 PAVEMENT SECTION RECOMMENDATIONS........................................................................................................... 10 5.0 CONSTRUCTION CONSIDERATIONS................................................................................................................ 13 5.1 INITIAL SITE PREPARATION CONSIDERATIONS........................................................................................................ 13 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS.................................................................................... 13 5.3 SULFATES EVALUATION.................................................................................................................................... 14 5.4 EXCAVATION OBSERVATIONS............................................................................................................................ 14 5.5 DRAINAGE CONSIDERATIONS............................................................................................................................ 14 5.6 EXCAVATIONS AND TRENCHES........................................................................................................................... 14 6.0 REPORT LIMITATIONS.................................................................................................................................... 16 APPENDIX................................................................................................................................................................ 17 Site Vicinity Map Boring Location Map Boring Logs Symbols Key Sheet TxDOT Special Specification 3016 Roller Compacted Concrete INDEX OF TABLES Page No. Table 1.1: General Project Description...............................................................................................................1 Table2.1: Site Description....................................................................................................................................3 Table 2.2: Field Exploration Summary................................................................................................................3 Table 2.3: Field Exploration Description............................................................................................................3 Table 2.4: Generalized Soil Profile......................................................................................................................4 Table 3.1: Excavation and Shoring Data............................................................................................................8 Table 4.1: Pavement Design Parameters and Assumptions...........................................................................9 Table 4.2: Roller Compacted Concrete Pavement Design Thickness........................................................ 10 Table 4.3: Pavement Profile Design and Construction Recommendations.............................................. 11 Table 4.4: Compaction and Testing Recommendations for Pavement Areas.......................................... 12 Table 5.1: Subgrade Preparation for Non-Structural -General Fill............................................................. 13 Table 5.2: Fill Compaction Recommendations Outside of Pavement Areas............................................ 13 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 1.0 PROJECT INFORMATION 1.1 PROJECT AUTHORIZATION Professional Service Industries, Inc., (PSI), an Intertek company, has completed a field exploration and geotechnical evaluation for the proposed King's Landing Unit 5 Pavement Study project to be constructed at Baratheon and Lois Chesney Streets in Corpus Christi, Texas. Mr. Mossa Mostaghasi, representing MPM Homes,authorized PSI's services on November 20,2023, bysigning PSI Proposal No.412319 dated November 9, 2023. PSI's proposal contained a proposed scope of work,fee, and PSI's General Conditions. 1.2 PROJECT DESCRIPTION Based on information provided by the Client, PSI's review of a site plan entitled Kings Landing Unit 5 Construction Plans, dated 10/19/2023, and prepared by Bass & Welsh Engineering, a summary of our understanding of the proposed project is provided in the following table. TABLE 1.1:GENERAL PROJECT DESCRIPTION Project Description Kings Landing Unit 5 Geotechnical Study for RCC Pavement Design Existing Grade Change within Project Site Approximately 3 feet 50,000 for Local Residential Section L-1(A-B) Design Traffic Load 1,200,000 for Minor Residential Collector(RC1) 1,200,000 for Collector(Cl) The geotechnical recommendations presented in this report are based on the available project information, structure locations, and the subsurface materials described in this report. If any of the noted information given is incorrect, please inform PSI so that the recommendations presented in this report can be amended as necessary. PSI will not be responsible for the implementation of provided recommendations if not notified of changes in the project. 1.3 PURPOSE AND SCOPE OF SERVICES The purpose of this study is to evaluate the subsurface conditions at the site and develop geotechnical engineering recommendations and guidelines for use in preparing the design and other related construction documents for the proposed project. The scope of services included drilling borings, performing laboratory testing, and preparing this geotechnical engineering report. This report briefly outlines the available project information, describes the site and subsurface conditions, and presents the recommendations regarding the following: • Desktop review of generally available public information; i.e., NRCS, USGS databases. • Field exploration consisting of drilling and sampling of the subsurface materials and observation of current groundwater levels at the site. • Laboratory testing of the subsurface materials. PAGE 1 Lon King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 • Performing engineering analysis and providing geotechnical recommendations in written report format. The scope of services for this geotechnical exploration did not include an environmental, mold nor detailed seismic/fault assessment for determining the presence or absence of wetlands, or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air on or below, or around this site. Any statements in this report or on the boring logs regarding odors, colors, and unusual or suspicious items or conditions are strictly for informational purposes. Lon PAGE 2 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 2.0 SITE AND SUBSURFACE CONDITIONS 2.1 SITE DESCRIPTION The following table provides a generalized description of the existing site conditions based on visual observations during the field activities and other available information. TABLE 2.1:SITE DESCRIPTION Site Location Baratheon St.and Lois Chesney Street,Corpus Christi, Nueces County,Texas Site History Agricultural Land Existing Site Ground Cover Cultivated Fields Site Boundaries/Neighboring Development Kings Landing Subdivision and farmland 2.2 FIELD EXPLORATION Field exploration for the project consisted of drilling a total of 13 borings.The boring design element, boring labels,and approximate depths are provided in the following table. TABLE 2.2:FIELD EXPLORATION SUMMARY Design Element Boring Label Approx.Depth of Boring Residential Streets B-1 thru B-13 10 feet The boring locations were selected by PSI personnel and were located in the field using available landmarks and GPS coordinates using a recreational-grade device. Elevations of the ground surface at the boring locations were not provided to PSI and should be surveyed by others, if required.Therefore,the references to elevations of various subsurface strata are based on depths below existing grade at the time of drilling.The approximate boring locations are depicted on the Boring Location Plan provided in the Appendix. TABLE 2.3:FIELD EXPLORATION DESCRIPTION Drilling Equipment Truck-Mounted Drilling Equipment Drilling Method Continuous-Flight Auger Drilling Procedure Applicable ASTM and PSI Safety Manual Field Testing Procedures Hand Penetrometer Standard Penetration Testing(ASTM D1586) Sampling Procedure Split-Barrel Sampling of Soils(ASTM D1586) Thin-Walled Tube Sampling of Soils(ASTM D1587) Frequency of Groundwater Level Initial Reading and After Drilling Reading MeasurementsLon PAGE 3 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 Boring Backfill Procedures Soil Cuttings Sample Preservation and Transportation General accordance with ASTM D4220 Procedure During the field activities, the encountered subsurface conditions were observed, logged, and visually classified(in general accordance with ASTM D2488). Field notes were maintained to summarize soil types and descriptions,water levels, changes in subsurface conditions, and drilling conditions. 2.3 LABORATORY TESTING PROGRAM PSI supplemented the field exploration with a laboratory testing program to determine additional engineering characteristics of the subsurface soils encountered.The laboratory testing program included: • Moisture Content Tests(ASTM D2216) • Atterberg Limits (ASTM D4318) • Material Finer than No. 200(ASTM D1140) • Unconfined Compression Strength Test(ASTM D2166) The laboratory testing program was conducted in general accordance with applicable ASTM test methods. The results of the laboratory tests are provided in the Appendix on the Logs of Boring. Portions of samples not altered or consumed by laboratory testing will be retained for 60 days from the date shown in this report and will then be discarded. 2.4 SITE GEOLOGY As shown on the Geologic Atlas of Texas,Corpus Christi Sheet, reprinted in 1979,the site is located in an area where the Beaumont Formation (Qb) is mapped at or near the ground surface. The formation is from the Quaternary Period and Holocene Epoch. This formation consists of mostly clay, silt, sand and gravel with stream channels, point bars, natural levees and backswamp deposits. 2.5 SUBSURFACE CONDITIONS The results of the field and laboratory testing have been used to develop a generalized surface profile of the project site.The following subsurface descriptions highlight the major subsurface stratification features and material characteristics.This soil profile description has been summarized in the following table. TABLE 2.4:GENERALIZED SOIL PROFILE Depth of Range Avg.Hand Layer Layer(ft) Soil Type LL(%) Pl %Pass. Hand Pen Pen. Top Bot. #200 (tsf) (tsf) 1 0 10 Fat Clay 79 55 91 1.0—3.0 1.9 Note: w:Moisture Content LL:Liquid Limit PI:Plasticity Index %Pass.#200:Percent Passing the No.200 Sieve by Wash Hand Pen:Field Hand Penetrometer(tons per square foot) ton PAGE 4 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 The boring logs included in the Appendix should be reviewed for information at the boring locations. The boring logs include soil descriptions, stratifications, locations of the samples, and field and laboratory test data.The stratifications shown on the boring logs only represent the conditions the specific boring location and represent the approximate boundaries between subsurface materials. The actual transitions between strata may be more gradual or more distinct.Variations will occur and should be expected across the site. 2.5.1 GROUNDWATER INFORMATION Water level measurements were performed during drilling and after completion of drilling. Specific information concerning groundwater is noted on each boring log presented in the Appendix of this report. No groundwater was encountered during our drilling and sampling activities. Groundwater levels fluctuate seasonally as a function of rainfall, proximity to creeks, rivers and lakes, the infiltration rate of the soil, seasonal and climatic variations and land usage. If more detailed water level information is required, observation wells or piezometers should be installed at the site, and water levels monitored. The groundwater levels presented in this report are the levels that were measured at the time of our field activities.The contractor should be prepared to control groundwater, if encountered, during construction. Lon PAGE 5 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 3.0 GEOTECHNICAL EVALUATION AND RECOMMENDATIONS 3.1 GEOTECHNICAL DISCUSSION PSI understands that the City of Corpus Christi pavement design requirements for the new pavements within the subdivision be designed for 50,000 18-kip Equivalent Single Axle Loads with a 30-year design life. Based upon the information obtained from the soil borings and laboratory testing,the clay soils encountered at this site within the seasonally active zone, estimated to be 10 feet below existing grade, have a high potential for expansion. The expansive potential (i.e. "Potential Vertical Movement" or PVM) of these soils should be addressed in the design and construction of this project. The following design recommendations have been developed based on the previously described project characteristics and subsurface conditions encountered. If there are changes in the project criteria, PSI should be retained to review the changes to determine if modifications of the recommendations presented in this report will be required. The findings of such a review will be presented in a supplemental report. Once final design plans and specifications are available, a general review by PSI is recommended to verify that the earthwork and pavement recommendations presented in this report have been properly interpreted and implemented within the construction documents. 3.2 POTENTIAL VERTICAL MOVEMENT OF EXPANSIVE SOILS The soils encountered at the soil boring locations exhibit a high potential for volumetric changes, due to fluctuations in soil moisture content. PSI has conducted laboratory testing on the soils to estimate the expansive soil potential with soil moisture variations. These soil moisture variations are based on historical climate change data. Determining the soil potential for shrinking and swelling, combined with historical climate variation, aids the engineer in quantifying the soil movement potential of the soils supporting the pavement systems.Various shrink/swell movement procedures and the Texas Department of Transportation (TxDOT) test method TEX-124-E, were used to estimate the Potential Vertical Movement (PVM) for this location. 3.2.1 SHRINKISWELL MOVEMENT(PVM)ESTIMATE Based on laboratory testing results and our analyses, the potential vertical movement was estimated to be approximately 4 inches±%:inch. It is not possible to accurately quantify actual soil moisture changes and resulting shrink/swell movements. The PVM and referenced structural movement values provided should be considered approximate values based on industry standard practice and experience. Extreme soil moisture variations could occur due to unusual drought severity, leaking water or sewer lines, poor drainage (possibly due to landscape changes after construction), perched groundwater infiltration, springs, etc. Therefore, because of these unknown factors, the shrink/swell potential of soils can often be significantly underestimated using the previously mentioned methods of evaluating PVM. The unknown factors previously mentioned cannot be determined at the time of the geotechnical study. Therefore, estimated shrink/swell movements are calculated only in consideration of historical climate data related to soil moisture variations. Movements exceeding those estimated should be anticipated and routine maintenance should be provided to address these issues throughout the life of the pavements. Lon PAGE 6 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 3.3 UTILITY EXCAVATION AND LATERAL EARTH PRESSURE CONSIDERATIONS New utility lines may be installed below the pavement.The pipe designer should account for sustained loads due to the soil overburden pressures and potential surcharge loads that may be applied to the pipe.The load due to the soil overburden pressures can be estimated using the total and effective unit weights of the soil and depths of each layer of soil. A total unit weight of 110 pcf or buoyant weight of 64 pcf may be assumed for on-site clayey material. In addition, hydrostatic pressures and/or surcharge loads, if present, should also be accounted for in the design. Unbalanced thrust forces could also be developed in the pipeline due to changes in direction,cross-sectional areas, or if the pipe is terminated. These forces may cause joints to disengage if not adequately restrained. To resist movement and overstressing the pipe, suitable buttressing should be provided. In general, thrust blocks and/or concrete encasement are common methods of providing reaction for the thrust restraint design. For design of thrust blocks and similar other thrust restraints may be designed in consideration of an allowable passive resistance of 1,200 psf. Unbalanced forces produced by grade and alignment changes can be resisted by friction on the pipe. The frictional resisting force can be computed by multiplying the pressure produced by the combined weight of the pipe, contained water, and soil overburden by a coefficient of friction between the pipe and underlying bedding material. Based upon the recommended pipe installation and bedding,the unfactored coefficient of friction is anticipated to be approximately 0.3. The Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR Part 1926, Revised October 1989), require that excavations be constructed in accordance with the current OSHA guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA standards be prepared for trench and excavation retention systems used during construction. Most soils at this site consist primarily of clays that would be classified as OSHA Type "B" soils requiring a temporary excavation slope no steeper than 1H:1V. However, any soils below the groundwater table would be classified as Type"C" soils requiring temporary slopes no steeper than 1% H: 1V. Groundwater was not encountered in the test borings during our field exploration. We recommend that the contractor perform an investigation to establish groundwater levels prior to construction to evaluate sloping and dewatering requirements prior to construction. 3.4 DISCUSSION OF BEDDING AND BACKFILL MATERIALS Typically,the bedding and initial backfill around a buried pipeline is designed to support and protect the pipe. Secondary backfill is then placed over the initial backfill and pipe to help protect the pipe, reestablish the ground surface at the trench,and provide support to structures overlying the trench. Generally, the bedding and initial backfill materials for piping consist of a graded gravel. The existing soils at the pipe bearing levels should be removed to a minimum depth of six(6)inches below the bottom of the pipe and replaced with gravel bedding.The bedding material should be embedded in the lower quadrant or to the midpoint of the pipe at a minimum and should be compacted in maximum compacted thickness of eight(8) inches with mechanical hand compaction equipment. The initial backfill should extend from the surface of the bedding to a point one (1) foot above the top of the pipe and should be compacted in maximum compacted thickness of eight(8) inches with mechanical hand compaction equipment. Lon PAGE 7 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 The secondary backfill may consist of material excavated from the trench. The secondary backfill should be free of debris and should not contain stones greater than three(3)inches in diameter.The secondary backfill should be placed at moisture contents between optimum and plus four (+4) percentage points of optimum and compacted to at least 95 percent of the maximum dry density as determined by ASTM D698. Each lift should be placed with a maximum compacted thickness of six(6)inches.Care should be taken during backfill compaction to prevent structural damage to the pipe. 3.5 EXCAVATION AND SHORING CONSIDERATIONS Lateral earth pressures from the soils will be applied to the trench shoring.Additionally, hydrostatic pressures and any equipment loads,and other surcharges should be considered for trench shoring design.The following table should be utilized for the design of the allowable temporary slopes and trench shoring. TABLE 3.1:EXCAVATION AND SHORING DATA Material Type OSHA Soil Type At-Rest Condition,Ko Fat Clay(CH and CL) "B" 0.60 Fat and Lean Clay below 10 feet(CH and CL), "C" 0.60 Clayey Sands(SC) A lateral earth pressure of 120 pcf*Ko*depth(ft) should be used to evaluate lateral earth pressures applied to the shoring in a rectangular distribution. These values do not consider hydrostatic pressures. We recommend that the hydrostatic pressure be added to the lateral earth pressure in a triangular distribution of 62.4 pcf* (X)for that portion of the shoring below the groundwater table. Lon PAGE 8 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 4.0 PAVEMENT DESIGN RECOMMENDATIONS 4.1 PAVEMENT DESIGN PARAMETERS PSI understands that Roller Compacted Concrete pavements are being considered for this project. Pavement design recommendations based on the City of Corpus Christi pavement design requirements of 50,00018-kip Equivalent Single Axle Loads(ESALs)and a 30-year design life. In addition, PSI utilized the"AASHTO Guide for Design of Pavement Structures" published by the American Association of State Highway and Transportation Officials to evaluate the pavement thickness recommendations in this report.This method of design considers pavement performance,traffic,roadbed soil,pavement materials,environment,drainage and reliability. Each of these items is incorporated into the design methodology. PSI is available to provide laboratory testing and engineering evaluation to refine the site-specific design parameters and sections, upon request. Details regarding the basis for this design are presented in the table below. TABLE 4.1:PAVEMENT DESIGN PARAMETERS AND ASSUMPTIONS 70 for Local Residential Section L-1(A-B) Reliability,percent 70 for Minor Residential Collector(RC1) 80 for Collector(Cl) Design Life 30 Years Initial Serviceability Index 4.5 Terminal Serviceability Index 2.5 50,000 for Local Residential Section L-1(A-13) Traffic Load (ESALs)from IDM 1,200,000 for Minor Residential Collector(RC1) 1,200,000 for Collector(Cl) Standard Deviation 0.39 Concrete Compressive Strength 4,000 psi Estimated Subgrade California Bearing Ratio(CBR) 2.0 for high plasticity clay subgrade Estimated Subgrade Modulus of Subgrade Reaction,k in pci 110 for lime/cement stabilized subgrade Pavements supported on expansive soils will be subject to PVM previously presented(approximately4 inches ±%inch).These soil movements typically occur to some degree over the life of the pavement.Consequently, pavements can be expected to crack and require periodic maintenance. During the paving life, maintenance to seal surface cracks within concrete pavement and to reseal joints within concrete pavement should be undertaken to achieve the desired paving life. Perimeter drainage should be controlled to prevent or retard influx of surface water from areas surrounding the paving. Water penetration leads to paving degradation. Water penetration into subgrade materials, sometimes due to irrigation or surface water infiltration, leads to pre-mature paving degradation. Curbs should be used in conjunction with concrete paving to reduce potential for infiltration of moisture into the subgrade. Clay type compacted materials(12-25)or flowable fill should be placed on top of the base and beneath the sidewalk so that a path for moisture infiltration under the curb and into the pavement section is mitigated. The City of Corpus Christi requires the base and subgrade to be extended beneath the curb and gutter and to 1 foot behind the Curb. In accordance with City Standard Spec 025612 (Concrete Curb and Gutter)there is a requirement for compaction behind the Curb within 48 hours of removing forms. Lon PAGE 9 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 Material specifications,construction considerations,and thickness section requirements are presented in the following sections. The presented recommended pavement sections are based on the field and laboratory test results for the project, City of Corpus Christi pavement design practice, design assumptions presented herein and previous experience with similar projects. The project Civil Engineer should verify that the design values are appropriate for the expected traffic and design life of the project. PSI should be notified in writing if the assumptions or design parameters are incorrect or require modification. 4.2 PAVEMENTSECTION RECOMMENDATIONS PSI anticipated that the roadways will be used primarily by typical residential traffic primarily consisting of passenger vehicles, pickup trucks, school buses, delivery vehicles, and garbage trucks. PSI is providing thickness sections based on experience with similar facilities constructed on similar soil conditions for the design traffic loading anticipated. 4.2.1 ROLLER COMPACTED CONCRETE PAVEMENT Thickness recommendations for roller compacted concrete(RCC) pavement are provided below. Roller Compacted Concrete Lime/Cement created Subgrade Native Soil FIGURE 4.1:ROLLER COMPACTED CONCRETE PAVEMENT TYPICAL SECTION TABLE 4.2:ROLLER COMPACTED CONCRETE PAVEMENT DESIGN THICKNESS Thickness(in) Material Local Residential Minor Residential Collector(Cl) (Section L-1(A-B)) Collector(RC1) RCC Pavements 6.5 7.0 7.5 Lime/Cement Treated Subgrade 8 8 12 4.2.2 GENERAL PAVEMENT DESIGN AND CONSTRUCTION RECOMMENDATIONS Roller compacted concrete pavement should be constructed in general accordance with TxDOT Special Specification 3016, Roller Compacted Concrete (included in the Appendix). Recommendations based upon the TxDOT specification are presented in the following table. PAGE 10 Lon King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 TABLE 4.3:PAVEMENT PROFILE DESIGN AND CONSTRUCTION RECOMMENDATIONS Minimum Undercut Depth 6 inches or as needed to remove roots Reuse Excavated Soils Free of roots and debris and meet material requirements of intended use Undercut Extent 2 feet beyond the paving limits Proof-roll with rubber-tired vehicle weighing at least Exposed Subgrade Treatment 20 tons.A representative of the Geotechnical Engineer should be present during proof-roll. Excavate to firmer materials and replace with compacted Proof-Rolled Pumping and Rutting Areas general or select fill under direction of a representative of the Geotechnical Engineer Materials free of roots,debris,and other deleterious General Fill materials with a maximum rock size of 4 inches with a CBR greater than 3 Minimum General Fill Thickness As required to achieve grade Maximum General Fill Loose Lift Thickness 9 Inches Performed in general accordance with TxDOT Item 260. Subgrade treated with lime should achieve a pH of 12.4 or greater.A lime series test should be performed at the time of construction after the pavement subgrade soils are established to determine the lime requirement. For estimating purposes,use 3%lime by dry weight.Sulfate Lime/Cement Treatment(3%lime/5%Cement) testing should also be conducted before placement of lime to evaluate the potential for sulfate induced heave from the lime stabilization.The organic content of the subgrade should not exceed 3%. Once the min.24 hour mellowing period for lime is complete,the lime stabilized subgrade should be cement stabilized with 5% cement per TxDOT Item 275. Proposed RCC Mix Design should be reviewed by City of RCC Mix Design Corpus Christi and PSI prior to construction.A trial batch is required to ensure workability and compressive strength. Concrete Compressive Strength(28 days) Minimum 4,000 psi Cement:TxDOT Item 421. Concrete Cement and Aggregates Aggregates: RCC Combined Aggregates Gradation for RCC Surface Course. Materials Passing the No.40 Sieve should have a Plasticity Index of less than 4. The RCC should be compacted to a min.dry density of at least 95%of the Modified Proctor(ASTM D-1557) maximum dry density within 2%of optimum moisture content. Quality Control of RCC Pavements Molding compressive strength: Per ASTM C1435, 1 set of 4 of cylinders for 2@7 days,2@28 days compression testing for every 1,500 cy of RCC with a minimum of 2 sets per day. Lon PAGE 11 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 The concrete batch plant should be within 30 minutes from the point of placement. Production of RCC must be Placement of RCC Pavements adequate to mitigate the potential of unplanned cold joints.The pavement should be placed and compacted as required by TxDOT Special Specification 3016. ASTM C1040- In-Place Density of Unhardened and Hardened Concrete, Including Roller Compacted Compaction Testing of RCC Pavements Concrete, By Nuclear Methods.Single Lift and a minimum of 2 tests per day or per 500 CY.Testing should be completed within 30 minutes after rolling. Transverse Joints: Maximum 15-foot intervals.Joints should be saw blade width to a depth of at least%the pavement thickness and filled and sealed with approved RCC Crack Control joint sealants and fillers. Expansion and Control Joints:As required. Filled and sealed with approved joint sealants and fillers. TABLE 4.4:COMPACTION AND TESTING RECOMMENDATIONS FOR PAVEMENT AREAS Test Method for Optimum Location Material Density Percent Moisture Testing Determination Compaction Content Frequency Pavement Scarified On-site 1 per 7,500 SF; ASTM D698 >_95% 0 to+4% Areas Soil(Subgrade) min.3 tests General Fill (Onsite ASTM D698 >_95% 0 to+4% 1 per p l SF; 3er Material) min.3 per lift RCC Pavement ASTM D1557 >95% --- Single Lift 1 per 500 CY or RCC Pavement ASTM 1170 >98% Single Lift 1 per 500 CY Lon PAGE 12 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 5.0 CONSTRUCTION CONSIDERATIONS PSI should be retained to provide observation and testing of construction activities involved in the earthwork, pavements and related activities of this project. PSI cannot accept any responsibility for any conditions which deviate from those described in this report, nor for the performance of the pavements if not engaged to also provide construction observation and materials testing for this project. The PSI geotechnical engineer of record should be retained to provide continuing geotechnical consulting services and construction document review,even if periodic on-call testing is contracted with PSI Construction Services. 5.1 INITIAL SITE PREPARATION CONSIDERATIONS 5.1.1 SUBGRADE PREPARATION FOR SITE WORK OUTSIDE PAVEMENT AREAS Grade adjustments outside of the pavement areas can be made using select or general fill materials.The clean excavated onsite soils may also be reused in areas not sensitive to movement. TABLE 5.1:SUBGRADE PREPARATION FOR NON-STRUCTURAL-GENERAL FILL Minimum Undercut Depth 6 inches or as needed to remove roots,organic and/or deleterious materials Proof-roll with rubber-tired vehicle weighing at least Exposed Subgrade Treatment 20 tons.A representative of the Geotechnical Engineer should be present during proof-roll. Excavate to firmer materials and replace with compacted Proof-Rolled Pumping and Rutting Areas general or select fill under direction of a representative of the Geotechnical Engineer General Fill Type Clean material free of roots,debris and other deleterious material with a maximum particle size of 4 inches Maximum General Fill Loose Lift Thickness 8 inches TABLE 5.2:FILL COMPACTION RECOMMENDATIONS OUTSIDE OF PAVEMENT AREAS Test Method for Optimum Location Material Density Percent Moisture Testing Compaction Frequency Determination Content Outside of Pavement General Fill ASTM D698 >_95% 0 to+4% 1 per min.3 per l 3 per lift SF; Areas 5.2 MOISTURE SENSITIVE SOILS/WEATHER RELATED CONCERNS The soils encountered are sensitive to disturbances caused by construction traffic and changes in moisture content. During wet weather periods, increases in the moisture content of the soil can cause significant reduction in the soil strength and support capabilities. In addition, soils which become wet may be slow to dry and thus significantly retard the progress of grading and compaction activities. It will, therefore, be advantageous to perform earthwork,foundation,and construction activities during dry weather. Lon Page 13 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 5.3 SULFATES EVALUATION As indicated previously, the pavement subgrade soils and imported embankment fills should be regularly screened for sulfates during construction. When soluble sulfates are detected above 500 ppm TxDOT Guidelines for Treatment of Sulfate Rich Soils shall be followed. TxDOT has identified mitigation procedures of sulfate bearing soils into three categories,Traditional Treatment, Modified Treatment, and an Alternative Treatment. The Contractor shall follow the mitigation procedures outlined above when high sulfate concentrations (above 3000 ppm) are encountered along the alignment. The amount of mellowing time and moisture content required shall be determined during the mix design process using Tex-145-E, Part II as outlined in TxDOT Guidelines. Furthermore, the sulfate content and the treatment shall be verified in the field in accordance with project Quality Assurance Procedures and TxDOT specifications. 5.4 EXCAVATION OBSERVATIONS The excavations should be observed by a representative of PSI prior to concrete placement to assess that the materials are consistent with the materials discussed in this report.This is especially important to identify the condition and acceptability of the exposed subgrades under the pavements. Soft or loose soil zones encountered at the bottom of the beam excavations should be removed to the level of competent soils as directed by the Geotechnical Engineer. Cavities formed as a result of excavation of soft or loose soil zones should be backfilled with compacted select fill or lean concrete. After opening,excavations should be observed, and concrete placed as quickly as possible to avoid exposure to wetting and drying.Surface run-off water should be drained away from the excavations and not be allowed to pond. If excavations must be left open for an extended period, they should be protected to reduce evaporation or entry of moisture. 5.5 DRAINAGE CONSIDERATIONS Water should not be allowed to collect in or adjacent to excavations or on prepared subgrades within the construction area either during or after construction. Proper drainage around grade supported sidewalks and flatwork is also important to reduce potential movements. Excavated areas should be sloped toward one corner to facilitate removal of collected rainwater,groundwater,or surface runoff. 5.6 EXCAVATIONS AND TRENCHES Excavation equipment capabilities and field conditions may vary. Geologic processes are erratic and large variations can occur in small vertical and/or lateral distances. Details regarding "means and methods" to accomplish the work (such as excavation equipment and technique selection) are the sole responsibility of the project contractor. The comments contained in this report are based on small diameter borehole observations.The performance of large excavations may differ. The Occupational Safety and Health Administration (OSHA) Safety and Health Standards (29 CFR Part 1926, Revised October 1989), require that excavations be constructed in accordance with the current OSHA guidelines. Furthermore, the State of Texas requires that detailed plans and specifications meeting OSHA standards be prepared for trench and excavation retention systems used during construction. PSI understands that these regulations are being strictly enforced,and if they are not closely followed,the owner and the contractor could be liable for substantial penalties. Lon Page 14 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 The contractor is solely responsible for designing and constructing stable,temporary excavations and should shore, slope, or bench the sides of the excavations as required to maintain stability of both the excavation sides and bottom.The contractor's"responsible person", as defined in 29 CFR Part 1926,should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and Federal safety regulations. PSI is providing this information solely as a service to the client. PSI does not assume responsibility for construction site safety or the contractor's or other parties' compliance with local, state, and Federal safety or other regulations.A trench safety plan was outside the scope of this project. Lon Page 15 King's Landing Unit 5 Pavement Study PSI Project No:03123040 Corpus Christi,Texas January 24,2024 6.0 REPORT LIMITATIONS The recommendations submitted in this report are based on the available subsurface information obtained by PSI and design details furnished by the client for the proposed project. If there are any revisions to the plans for this project, or if deviations from the subsurface conditions noted in this report are encountered during construction, PSI should be notified immediately to determine if changes in the foundation recommendations are required. If PSI is not notified of such changes,PSI will not be responsible forthe impact of those changes on the project. The Geotechnical Engineer warrants that the findings, recommendations, specifications, or professional advice contained herein have been made in accordance with generally accepted professional Geotechnical Engineering practices in the local area. No other warranties are implied or expressed.This report may not be copied without the expressed written permission of PSI. After the plans and specifications are more complete, the Geotechnical Engineer should be retained and provided the opportunity to review the final design plans and specifications to check that the engineering recommendations have been properly incorporated in the design documents. At this time, it may be necessary to submit supplementary recommendations. If PSI is not retained to perform these functions, PSI will not be responsible for the impact of those conditions on the project. This report has been prepared for the exclusive use of MPM Homes for specific application to the proposed King's Landing Unit 5 Pavement Study to be constructed at CR 49 at FM 43 (Weber Road), Corpus Christi, Nueces County,Texas. Lon PAGE 16 APPENDIX ? a 'm � r ..L m • t m,.� T O r o m _ ° n m a -� Conleth Street T = a�L•ondon Tovene Bl Viscerio 'sere t � n r,. �:•n•tat�-:� ~ Rh eg I SSireei c _ Carnaby St,' L•ois•C-hesney-St "BreetirylDr:'•-' rr � Ja. h Cesney>St W9 i dtsaS ' S� � , .6 �K G �+ 7 �• �' � r' O x � I Q m Google Earth - 1000 tntertek Site Vicinity • psi Proposed Kings Landing Unit 5 NOT TO SCALE :. 1 1 N Loop 499,Ste 302, Project • 1 1.1 *-Approximate Boring Location o t G�i•-oeC ti 0 Tk_ e - 10 -"w �= _ o p ,. tntertek Boring Location Plan „ Proposed Kings Landing Unit 5 NOT TO SCALE Baratheon St. 2020 N Loop 499,Ste 302 Harlingen,Texas Nueces county,Texas (956)423-6k6 PSI Project No.:0312-3040 Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-1 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 37 � I — � I 40 I. -- f 5 39 I I I I I . 36 I � I �I 30 91 65 22 43 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED vntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-2 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 35 l I I. 1 _ I 1 — � 1 40 92 88 24 64 5 39 \ l \ 1 f l 30 X' Il 1 I .i I � lli 31 U�C 10 Boring terminated at approximate 10 feet 15 -------- COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-3 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 39 0 I . � I 42 -- I 5 38 A, I 1 � f 31 2 89 74 21 53 �I G f 30 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED Ntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-4 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 38 90 82 25 57 p I. I I 40 5 40 I 34 I IK I � I 31 10 Boring terminated at approximate 10 feet 15 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-5 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff 37 0 I. I I 41 � I � I . I l 5 33 93 80 24 56 -- t 28 i i is i -- i i 30E 10 Boring terminated at approximate 10 feet 15 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED vntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-6 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 36 l I I 41 92 97 28 69ir � I 5 38 I l I I 31 I� IL I I. -- 1 I � 30b 10 Boring terminated at approximate 10 feet 15 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED Ntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-7 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff 36 89 I — I 1 40 I . I 5 38 I . I l 35 0I I 30 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-8 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff 38 O I. I I 40 t, 5 39 l l l -- l 29 SIC I I I l I 30 1 89 67 21 46 O 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-9 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 36 � 1 � 1 42 I i I. -- f 5 39 I 31 1 91 78 23 55 � I �I 32 �E 10 Boring terminated at approximate 10 feet 15 COMPLETION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED Ntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-10 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 38 O -- II � I 42 � I � I 5 37 94 79 25 54 A, � � I I -- I l 35 I L I � I 36 b �C 10 Boring terminated at approximate 10 feet 15 COMPLE ON DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-11 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 38 90 74 22 52 C i. I 40 5 39 � l -- l l I T 30 �I E� 29 �t b 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-12 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 35 l I I. 1 _ I 1 — � 1 40 90 87 24 63 Cp. 5 40 i i I I 34 f 'X I �l 30i 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED v�t�rFek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A Kings Landing Unit 5 Pavement Baratheon Street Project No. 0312-3040 BORING B-13 LOCATION: See Boring Location Plan O HAND PEN(TSF) 0 UNC CMP(TSF) F LL J U) �H- o x* od U �_ �_ 2.0 4.0 6.0 p 3 F Co J W �W Z Z ZHW W0 J J UW ULL KLL = Co d SOIL DESCRIPTION Z a o U p LL U- a } Q Q v7z < H UQOZ_ PL WC LL zF J- w CO 00 w Q co coQ � � 0 Fm U Elevation: o a ii a 20 40 60 o FAT CLAY(CH)brown,stiff to very stiff 35 1 � I 1 i — i i 35 88 78 24 54 l � I ... .... � I � I 5 39 i . 42 30 92 73 22 51 10 Boring terminated at approximate 10 feet 15 COMPLE ION DEPTH: 10.0 Feet DEPTH TO GROUND WATER DATE: 12/14/23-12/14/23 SEEPAGE(ft.): NONE ENCOUNTERED Ntertek END OF DRILLING(ft.): N/A DELAYED WATER LEVEL(FT): N/A tntertek KEY TO TERMS AND SYMBOLS USED ON LOGS ROCK CLASSIFICATION CONSISTENCY OF COHESIVE SOILS ROCK QUALITY CONSISTENCY N-VALUE SHEAR STRENGTH HAND PEN VALUE RECOVERY DESIGNATION (RQDI (Blows/Foot) (tsf) (tsf) Very Soft 0 TO 2 0 TO 0.125 0 TO 0.25 DESCRIPTION OF %CORE DESCRIPTION OF ROCK RQD Soft 2 TO 4 0.125 TO 0.25 0.25 TO 0.5 RECOVERY RECOVERY QUALITY Firm 4 TO 8 0.25 TO 0.5 0.5 TO 1.0 Incompetent '40 Very Poor(VPo) 0 TO 25 Competent 40 TO 70 Poor(Po) 25 TO 50 Stiff 8 TO 15 0.5 TO 1.0 1.0 TO 2.0 Fairly Continuous 70 TO 90 Fair(F) 50 TO 75 Very Stiff 15 TO 30 1.0 TO 2.0 2.0 TO 4.0 Continuous 90 TO 100 Good(Gd) 75 TO 90 Hard >30 >2.0 OR 2.0+ >4.0 Excellent(Exlnt) 90 TO 100 SOIL DENSITY OR CONSISTENCY DEGREE OF PLASTICITY OF COHESIVE SOILS DENSITY CONSISTENCY THD DEGREE OF PLASTICITY (GRANULAR) (COHESIVE) (BLOWS/FT) FIELD IDENTIFICATION PLASTICITY INDEX(PI) SWELL POTENTIAL Very Loose(VLo) Very Soft(VSo) 0 TO 8 Core(height twice diameter)sags under None or Slight 0 to 4 None own weight Core can be pinched or imprinted easily Low 4 to 20 Low Loose(Lo) Soft(So) 8 TO 20 with finger Medium 20 to 30 Medium Slightly Compact Stiff(St) 20 TO 40 Core can be imprinted with considerable (SlCmpt) pressure High 30 to 40 High Compact(Cmpt) Very Stiff(VSt) 40 TO 80 Core can only be imprinted slightly with fingers Very High >40 Very High Dense(De) Hard(H) 80 TO 5'7100 Core cannot be imprinted with fingers but can be penetrated with pencil Very Dense(VDe) Very Hard(VH) 5"/100 to Core cannot be penetrated with pencil 0"/100 BEDROCK HARDNESS MOISTURE CONDITION OF COHESIVE SOILS MORHS' CHARACTERISTICS EXAMPLES APPROXIMATE THD DESCRIPTION CONDITION SCALE PEN TEST Sandstone,Chert,Schist,Granite, Very Hard 0"to Absence of moisture, 5.5 to 10 Rock will scratch knife Gneiss,some Limestone (VH) 2'7100 dry to touch dusty, DRY 3 to 5.5 Rock can be scratched Siltstone,Shale,Iron Deposits,most Hard(H) 1"to with knife blade Limestone 5'7100 Damp but no visible water MOIST 1 to 3 Rock can be scratched Gypsum,Calcite,Evaporites,Chalk, Soft(So) 4"to Visible free water WET with fingernail some Shale 6'7100 RELATIVE DENSITY FOR GRANULAR SOILS SAMPLER TYPES SOIL TYPES APPARENT SPT CALIFORNIA MODIFIED CA. RELATIVE DESNITY (BLOWS/FT) SAMPLER SMAPLER DENSITY ) (BLOWS/FT) (BLOWS/FT) El Very Loose 0 to 4 0 to 5 0 to 4 0 to 15 NO TXDOT SHELBY CLAY(CL) CLAY(CH) SILT Loose 4 to 10 5 to 15 5 to 12 15 to 35 SAMPLE CONE TUBE Medium Dense 10 to 30 15 to 40 12 to 35 35 to 65 El 11 0 Dense 30to50 40to70 35to60 65to85 LIMESTONE SHALE SANDSTONE NO ROCK SPLIT E very Dense >50 >70 '60 85 to 10o RECOVERY CORE SPOON ::.` o ABBREVIATIONS El III SAND GRAVEL FILL PL—Plastic Limit QP—Hand Penetrometer AUGER M LL—Liquid Limit Qu—Unconfined Compression Test SAMPLE0WC—Percent Moisture UU—Unconsolidated Undrained Triaxial V WATER SEEPAGE Note:Plot Indicates Shear Strength as Obtained By Above Tests ASPHALT CONCRETE CHALK WATER LEVEL AT END OF DRILLING CLASSIFICATION OF GRANULAR SOILS U.S.STANDARD SIEVESIZE(S) 6" 3" 3/4" 4 10 40 200 BOULDERS COBBLES GRAVEL SAND SILT OR CLAY CLAY COARSEI FINE I COARSEI MEDIUMI FINE I I ntr� intertek ' COMPLETE BUILDING Everything you --. from start to finish-Assurance,Testing, Inspection,and Certification Building Systems Environmental Consulting Consulting & Geotechnical Services Industry professionals provide Assuring site and subsurface a variety of acoustic,fire,AV, conditions meet the criteria for roofing system and enclosure purchase,development and consulting services to ensure construction. proper design and installation of a building's critical systems. 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The most comprehensive suite of testing and certification services for construction materials and building products. \ Vital services throughout the construction process including inspection, _ testing, monitoring, mock-ups,and consulting. Evaluation of a building's condition through inspection and testing, y investigation,and remediation plan development. 1� Services that expedite and ensure compliance of the transfer or decommissioning of property or building. r/ EXHIBIT 4 NIXON M.WELSH,P.E.,R.P.L.S. Bass Welsh Engineering 3054 S.Alameda St. Email: NixMW1@gmail.com TX Registration No.F-52 Corpus Christi,TX 78404 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 9/19/2024 KING'S LANDING UNIT 5-REIMBURSEMENT COST ESTIMATE LADY ALEXA DR.&NATASHA DR.(C3 TO RESIDENTIAL 28'BB) LADY ALEXA DR. COST OF 50'BB ASPHALT STREET(0) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8"PCCP/RRCP TO LIP OF GUTTER 3968 SY 90.00 357,119.60 2 12"LIME STABILIZED SUBGRADE TO 2'BC 4289 SY 42.00 180,125.68 3 12"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 4289 SY 30.00 128,661.20 4 EXCAVATION TO 2'BC 4280 SY 3.00 12,840.00 $678,746.48 COST OF 28'BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7"PCCP/RRCP TO LIP OF GUTTER 2218 SY 69.00 153,047.06 2 8"LIME STABILIZED SUBGRADE TO 2'BC 2535 SY 26.00 65,910.75 3 8"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 2535 SY 20.00 50,700.58 4 EXCAVATION TO 2'BC 2535 SY 3.00 7,605.09 $277,263.48 DIFFERENCE IN CONSTRUCTION COST OF LADY ALEXA DR $401,483.00 NATASHIA DR. COST OF 50'BB ASPHALT STREET(0) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8"PCCP/RRCP TO LIP OF GUTTER 2755 SY 90.00 247,950.00 2 12"LIME STABILIZED SUBGRADE TO 2'BC 3165 SY 42.00 132,930.00 3 12"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 3165 SY 30.00 94,950.00 4 EXCAVATION TO 2'BC 3165 SY 3.00 9,495.00 $485,325.00 COST OF 28'BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7"PCCP/RRCP TO LIP OF GUTTER 1465 SY 69.00 101,085.00 2 8"LIME STABILIZED SUBGRADE TO 2'BC 1875 SY 26.00 48,750.00 3 8"PORTLAND CEMENT STABILIZED SUBGRADE TO 2'BC 1875 SY 20.00 37,500.00 4 EXCAVATION TO 2'BC 1875 SY 3.00 5,625.00 $192,960.00 DIFFERENCE IN CONSTRUCTION COST OF NATASHA DR $292,365.00 TOTAL FOR CITY PORTION OF LADY ALEXA AND NATASHA $693,848.00 13%ENGINEERING,SURVEYING,&TESTING $90,200.24 7%CONTINGENCY $48,569.36 2%BOND $13,876.96 TOTAL AMOUNT REIMBURSABLE $846,494.57 EXHIBIT 5 PERFORMANCE BOND BOND NO. Developer as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): City as Obligee Name: City of Corpus Christi Mailing address (principal place of business): City of Corpus Christi Surety is a corporation organized and existing Attn: Director, Development Services Department under the laws of the state of: 2406 Leopard Street Corpus Christi, Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license Contract to execute bonds in the State of Texas. Title of Agreement: Telephone (main number): For Subdivision: Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Total Project Cost/Bond Sum: Bond Telephone: E-Mail Address: The address of the surety company to which any Date of Bond: notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll free number:1-800-252-3439 (Date of Bond cannot be earlier than Award Date of the Contract) Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 1 of 3 Surety and Developer, intending to be legally bound and obligated to Obligee do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Developer as Principal faithfully performs the Work required by the Contract,then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. The Contract between Obligee and Developer is incorporated by reference into this Statutory Performance Bond, pursuant to Chapter 2253 of the Texas Government Code. Provisions of the bond shall be pursuant to the terms and provisions of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations., and all liabilities on this bond shall be determined in accordance with the provisions of said Chapters to the same extent as if it were copied at length herein. If Developer does not faithfully construct and complete said Work under its contract with Obligee, and Obligee invokes its contractual rights and declares Developer in default,Surety shall promptly remedy the default, and at Obligee's sole option,Surety shall: 1. Within a reasonable time (but not later than 30 days after Surety receives written notice of Developer's default), with written notice to Obligee, step into and assume the role, all rights and all obligations of the defaulting Developer under the Contract. Upon assumption of this role, Surety directly shall contract with a Completion Contractor hired/engaged by Surety to complete the Work. The selection of the Completion Contractor must be approved in writing by Obligee. Surety shall be responsible for any and all costs incurred, up to the Bond Sum, to complete the Work;or 2. In the event Surety fails to contract with a Completion Contractor within 90 days of receipt of Obligee's written notice of Default, Obligee may, at Obligee's sole discretion,select a Completion Contractor in accordance with Texas law to complete the Work. In this event, Surety shall pay Obligee any and all costs, up to the Bond Sum,for Obligee's selected Completion Contractor to complete the Work;or 3. At Obligee's sole discretion,Surety shall pay Obligee the estimated amount for Obligee to execute a Project Completion Contract with a Completion Contractor, selected by Obligee in accordance with Texas Law,solely to complete the Work. Surety shall pay Obligee any and all costs, up to the Bond Sum,for Obligee-selected Completion Contractor to complete the Work. The obligations of the parties under this Bond shall be performable in Nueces County, Texas. If legal action, such as civil litigation, is necessary in connection with this Bond, venue shall lie exclusively in Nueces County, Texas. Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 2 of 3 Developer as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Performance Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 3 of 3 EXHIBIT 6 PAYMENT BOND BOND NO. Developer as Principal Surety Name: Name: Mailing address (principal place of business): Mailing address (principal place of business): Physical address (principal place of business): City Name: City of Corpus Christi, Texas Mailing address (principal place of business): City of Corpus Christi Surety is a corporation organized and existing Attn: Director, Development Services Department under the laws of the state of: 2406 Leopard Street Corpus Christi, Texas 78401 By submitting this Bond,Surety affirms its authority to do business in the State of Texas and its license Contract to execute bonds in the State of Texas. Title of Agreement: Telephone (main number): For Subdivision: Telephone (for notice of claim): Local Agent for Surety Name: Award Date of the Contract: Address: Total Project Cost/Bond Sum: Bond Telephone: E-Mail Address: Date of Bond: (Date of Bond cannot be earlier than Award Date of The address of the surety company to which any Contract) notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll free number.1-800-252-3439 Payment Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 1 of 2 Surety and Developer, intending to be legally bound and obligated to City, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Developer as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void;otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. This Bond is made and entered into solely for the protection of all claimants supplying labor and material in the prosecution of the Work provided for in said Contract,and all such claimants shall have a direct right of action under the Bond as provided in Chapter 2253, Texas Government Code. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed under the Contract. Venue shall lie exclusively in Nueces County, Texas for any legal action. Developer as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Standard Form Development Services Approved to Legal Form BB 11.14.22 Page 2 of 2 EXHIBIT 7 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT MPM Development, LP, a Texas Limited Partnership, whose address is 426 S. Staples, Corpus Christi, TX 78401, as Principal and a corporation organized under the laws of and fully authorized to transact business in the State of Texas, as Surety, do hereby expressly acknowledge themselves to be held and bound to pay unto the City of Corpus Christi, a municipal corporation, of the County of Nueces and the State of Texas, the sum of dollars ($ in lawful money of the United States, for the payment of which sum will truly be made unto said City of Corpus Christi, and its successors, and said Principal and Surety do hereby bind themselves, their assigns and successors jointly and severally. This bond shall automatically be increased by the amount of any increase in the work to be performed, but in no event shall there be a decrease in the sum of this Bond. THIS obligation is conditioned; however, that whereas, said MPM Development, LP has this day of , 202_ entered into a written contract with the said City of Corpus Christi to build and construct all Roadway Improvements within Kings Landing Unit 5 subdivision with Roller Compacted Concrete pavement in conformance with the standards established by the PILOT PROGRAM FOR ROLLER COMPACTED CONCRETE ROADWAY IMPROVEMENTS AND PARTICIPATION AGREEMENT FOR KINGS LANDING SUBDIVISION, which contract and the plans and specifications therein mentioned is hereby expressly made a part of this bond as though the same were written embodied herein. WHEREAS, Principal binds itself to use of materials and methods of construction such that all roadway improvements will be initially completed free of perceptible defects and will remain in good repair and condition and free of perceptible defects for and during the period of seven (7) years after the date of acceptance of the completed improvements by the City of Corpus Christi, and WHEREAS, said Principal binds itself to construct said improvements in such a manner and obtain inspection approvals in proper sequence as are required to obtain acceptance by the City of Corpus Christi and to repair or reconstruct the said improvements in whole or in part at any time within said seven (7) years period to such an extent as the City of Corpus Christi deems necessary to properly correct all defects except those which have been caused by circumstances and conditions occurring after the time of construction over which the Principal had no control and which are other than those arising from defect of construction by the Principal; and, Approved to Legal Form 1 City of Corpus Christi WHEREAS, under the plans, specifications, and contract, it is provided that the Principal will maintain and keep in good repair, the work herein contracted to be done and performed, for a period of seven (7) year from the date of the acceptance of said work, and to do all necessary maintenance, repairing, reconstructing and/or replacement in whole or in part of said improvements that should be occasioned by settlement of foundation, defective workmanship or materials furnished in the construction or any part thereof or any of the accessories thereto constructed by the Principal. It being understood that the purpose of this section is to cover all defective conditions arising by reason of defective material and charge the same against the said Principal, and Surety on this obligation, and the said Principal Surety hereon shall be subject to the liquidation damages mentioned in said contract for each day's failure on its part to comply with the terms of said provisions of said contract. NOW THEREFORE, if the said Principal shall keep and perform its said agreement to maintain said work and keep the same in repair for the said maintenance period of seven (7) year, as provided, then these presents shall be null and void, and have not further effect, but if default shall be made by said Principal in the performance of its contract to so maintain, repair, reconstruct, and/or replace said work, then these presents shall have full force and effect, and said City of Corpus Christi shall have and recover from the said Principal and its Principal and Surety damages in the premises, as provided; and it is further agreed that this obligation shall be continuing one against the Principal and Surety, hereon, and that successive recoveries may be and had hereon for successive breaches until the full amount shall have been exhausted; and it is further understood that the obligation herein to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished or in any manner affected from any cause during said time. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Nueces County, State of Texas. The construction of this agreement and the rights remedies, and obligations arising there under are governed by the laws of the State of Texas. Both Principal and Surety hereby agree that the Texas conflicts of law rules do not control this agreement and will not be used to cause the application of the laws of a jurisdiction other than the State of Texas. The obligations performable by both Principal and Surety are performable in Corpus Christi, Nueces County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms the Work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the work or to the specifications. Approved to Legal Form 2 City of Corpus Christi IN WITNESS WHEREOF, said has caused these presents to be executed by and the said has caused these presents to be executed by its attorney in fact and the said attorney in fact, , has hereunto set his hand, the day of 120 Principal Surety By: By: Title: Title: Attorney-in-Fact Address: Address: The name, address, and phone number of the Resident Agent of Surety is: (must be Texas office): *Power of Attorney attached Approved to Legal Form 3 City of Corpus Christi EXHIBIT 8 INSURANCE REQUIREMENTS L DEVELOPER'S AND OR CONTRACTOR'S LIABILITY INSURANCE A. Developer and or Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Developer and or Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Developer and or Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be named as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence/ aggregate Commercial General Liability including: $1,000,000 Per Occurrence 1. Broad Form 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Developer and or Contractors 7. Underground Hazard(if applicable) AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000 /$500,000 POLLUTION LEGAL LIABILITY $1,000,000 Per Claim Including: (Defense costs not included in face value of the policy) Sudden and Accidental Pollution Coverage. If claims made policy,retro date must be prior to inception Cleanup and Remediation. of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this project, Developer and or Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Developer and or Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Developer and or Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Developer and or Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Developer and or Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Developer and or Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Developer and or 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: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Developer and or Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Developer and or Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Developer and or Contractor to stop work hereunder, and/or withhold any payment(s)which become due to Developer and or Contractor hereunder until Developer and or Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Developer and or Contractor may be held responsible for payments of damages to persons or property resulting from Developer and or Contractor's or its subDeveloper and or Contractor's performance of the work covered under this agreement. H. It is agreed that Developer and or 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 agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2024 Insurance Requirements Exhibit Legal Dept. —Development Services Participation Agreement for Developers 06/07/2024 Risk Management—Legal Dept. EXHIBIT 9 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Job Title and City Department(if known) NIA NIA 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 NIA NIA 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 Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER {Print} Signature of Certifying Person: date: 11-14-23 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORNISTORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which,for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi,Texas. e. 'Ownership Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Participation Agreement for Street Infrastructure Improvements Resolution authorizing a Developer Participation Agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct Lady Alexa Drive and Natasha Lane with Roller Compacted Concrete for the King's Landing Unit 5 subdivision. (District 3) City Council October 22, 2024 Location Map f c� { ! 250 500 1,000 vF- Location Map King's Landing Unit 5 Street Imprmments - A 2 Total Cost Estimate KING'S LANDING UNIT 5-REIMBURSEMENT COST ESTIMATE LADY ALEXA DR.&NATASHA DR.(C3 TO RESIDENTIAL 28'BB) LADY ALEXA DR. COST OF 50'BB ASPHALT STREET(0) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8"PCCP/RRCPTO LIP OF GUTTER 3,968 SY $90.00 $357,120.00 2 12"LIME STABILIZED SUBGRADET02'BC 4,289 SY $42.00 $180,138.00 3 12"PORTLAND CEMENT STABILIZED SUBGRADE T02'BC 4,289 SY $30.00 $128,670.00 4 EXCAVATIONT02'BC 4,280 SY $3.00 $12,840.00 $678,768.00 COST OF 28'BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7"PCCP/RRCPTO LIP OF GUTTER 2,218 SY $69.00 $153,042.00 2 8"LIME STABILIZED SUBGRADET02'BC 2,535 SY $26.00 $65,91000 3 8"PORTLAND CEMENT STABILIZED SUBGRADE T02'BC 2,535 SY $20.00 $50,700:DD 4 EXCAVATION TO 2'BC 2,535 SY $3.00 $7,605.00 $277,257.00 DIFFERENCE IN CONSTRUCTION COST OF LADY ALEXA DR$ 401,511.00 NATASHIA DR. COST OF 50'B B ASPHALT STREET(C3) ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 8"PCCP/RRCPTO LIP OF GUTTER 2,755 SY $90.00 $247,950.00 2 12"LIMESTABILIZED SUBGRADET02'BC 3,165 SY $42.00 $132,930.00 3 12"PORTLAND CEMENT STABILIZED SUBGRADE T02'BC 3,165 SY $30.00 $94,950.00 4 EXCAVATION T02'BC 3,165 SY $3.00 $9,495.00 $485,325.00 COST OF 28'BB STREET ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 7"PCCP/RRCPTO LIP OF GUTTER 1,465 SY $69.00 $101,085.00 2 8"LIME STABILIZED SUBGRADET02'BC 1,875 SY $26.00 $48,750.00 3 8"PORTLAND CEMENT STABILIZED SUBGRADE T02'BC 1,875 SY $20.00 $37,500.00 4 EXCAVATION TO 2'BC 1,875 SY $3.00 $5,625.00 $192,960.00 DIFFERENCE IN CONSTRUCTION COST OF NATASHA DR$ 292,365.00 TOTAL FOR CITY PORTION OF LADY ALEXA AND NATASHA $ 693,876.00 13%ENGINEERING,SURVEYING,&TESTING $ 90,203.88 7%CONTI NGENCY $ 48,571.32 2%BOND $ 13,977.52 TOTAL AMOUNT REIMBURSABLE $ 846,528.72 3 Recommendation Approval Staff recommends approval of the developer participation agreement with MPM Development, LP to reimburse the developer up to $846,528.72 for the City's share of the cost to construct the street infrastructure improvements The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. REG EN, PARKI ohm lop LONDON z TOWNE p BLVD w Q BARATHEON RIVER � ST � LANDS ST LOIS CHESNEY ST x DRAGONSTONE CT JACK CHESNEY ST STARK CT SANSA ST LADY CLAUDIA ST TULIPS LN W J Q Q � � t - �-�a .ram. '•`:- r � FM 43 FM w - 1 250 500 1,000 U -- Location MapStreet King's Landing Unit 5 Improvements �Qus cy V� Res bNPoPAhu 7852 'I SC G� 0 AGENDA MEMORANDUM �OgP00.P�'0 Public Hearing and First Reading Ordinance for the 10/22/24 � 1852 Second Reading Ordinance for 10/29/24 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(o-)cctexas.com (361) 826-3575 Wastewater Trunk System Construction and Reimbursement Agreement with MPM Development for wastewater improvements for King's Landing Unit 6. CAPTION: Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 10.08 acres for various homes and is requesting funds to construct the wastewater trunk system improvements associated with the development. The estimated one-time cost of the improvements is $440,829.12. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a wastewater trunk system construction and reimbursement agreement for the 10.08-acre subdivision named King's Landing Unit 6. The wastewater collection line improvements consist of 1,096 linear feet of 15" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk System Construction Standards. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate the development of the new King's Landing Unit 6 Subdivision. An alternative to utilizing trust funds to construct the wastewater trunk system improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact on the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Sanitary Sewer Trunk System improvements is $440,829.12. Agreement requires appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Sanitary Sewer Trunk System Trust Fund to reimburse the developer per the agreement. The funding is part of the 2025 Fiscal Year initiatives. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 10.08 acres known as King's Landing Unit 6 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 15-inch Wastewater Trunk System ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction; WHEREAS, reimbursement shall only be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, if the developer is owed funds from the Wastewater Trunk System Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Wastewater Trunk System Construction and Reimbursement Agreement ("Agreement") with MPM Development ("Developer"), for the extension of a 15-inch wastewater line, including all related appurtenances, for the development of King's Landing Unit 6 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of$440,829.12 is appropriated from the No.4220-21800- 777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the construction of a wastewater trunk system and improvements. SECTION 4. The City Manager or designee is authorized to transfer up to $440,829.12 of future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220- 21800-777 Wastewater Trunk System Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1 .C.2.d, 8.5.2.E.1 .d, and 8.5.2.E.2.d. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE, LIFT STATION, AND TRUNK FORCE MAIN LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Trunk Line, Lift Station, And Trunk Force Main Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20,2023 to develop a tract of land, to wit approximately 10.08 acres known as King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Wastewater Trunk System ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 1096 LF $ 195.00 $ 213,720.00 2 FIBERGLASS MANHOLE 7 EA $ 20,000.00 $ 140,000.00 3 DEEP CUT CONNECTION 1 EA $ 10,000.00 $ 10,000.00 $ 363,720.00 MISC ITEMS ITEM IDESCRIPTION QUANTITY I UNIT COST I TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM SEWER 1 PIPES OF ALL SIZES) 1096 LF $ 9.00 $ 9,864.00 $ 9,864.00 SUBTOTAL $ 373,584.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 41,094.24 CONTINGENCY(7%) 26,150.88 TOTAL $ 440,829.12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvement is $440,829.12. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $440,829.12 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a Texas Limited Partnership, on behalf of said company. 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UDC Agreement Application Date of Application: 8-13-24 Type of Agreement Requested: Deferment [ ] Reimbursement [x] Participation [ ] Approved Plat Name: Kings Landing Unit 6 (P18209) Public Improvement Type: Waste Water Reimbursement Agreement Approved Public Improvement Plans: Y[x] N [ ] Cost Estimate for Public Improvements: $440,829.12 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [x] Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applica gnature&Title Submit Application Electronically to: contractsandaareementslacctexas.com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 pM o ADO 0 ]pOWENE ITS 70 MHOS LAHIMHO UHF 09 DOOMS CHMMq HUECES OOUHIT 11 9 TEKAS r „w xar�nawr,xrxaxrrre a �..k.er LF END mmm,µecmrMm �_i o omacu.xscoreoxxem�ox sw.smex ss ca LOCATION MAP x�xaw gym,Rxc. ,-�me sex a re�«rox,�area =wxM.�mm=m 11-. w.,m wx.m6 tiro r.xmxx6 u0NM0m ns noa.xo war uczx vows mxcs.mmaxaox SHEET 1 CDVER SHEET AND MISCELINEOUS INFORMATION RE AND DRAINAGE PLAN AND PORLE nm.p v.e a iaox•aaerr..xec®�x.�xo cr awcr SHEET 3 SANITARY SEWER AND WATER PLAN AND PROFILE cc n .arv,or wrow rz.o or mvn SHEET 4 REFT S IGN AND LG T POLE PLAN A ND ESTI MATE SUMMARY AND RARRICADE DETAILS .xNx xre.x Nx.Nx xre.x.xe xme� TRAFFIC GONTRDL AND S ES CALL BEFORE YOU DIG! SHEET s STORM WATER POLLUTION PREVENTION PLAN SHEET 1 of z rr r•rrr xr�.rroxo.rx:wrr ar vv.oc xe x .rrr aMxor.xo ow SHEET A STORM WATER POLLUTION PREVENTION PLAN SHEET 2 OF 2 _ er.rax�rvr ar eoar� r �� SEE ] JOINTING PLAN FOR CONCRETE PAV NC oam.,orv3 rexww.o�xv.iro w.,,cv..ss ..,,.as co.w""°x.cm µo vLL rxcm uom�nwcn<rt:..ox.p�c aamrm:m,o,.c ay.rxm mmrv,wcrom SHEET 8 PCCP AND RCCP PAVEMENT DETALS&SIDEWALK DETAILS WATER NDTES GENERPL NO ES SHEET 9 REOOIREMENTS AND OETAi LSPAV EMENT MARUING ATEET IS CITY SATTEF STANDARD DETAILS r�rvr .Mraaor..r�x<rx oaKK:.:ao.x a or.mx�xc.sxosmm oaKK..w.swnaia ao�xr rxuxo µo.rs.�rvo avxamr:wx: .o mr.m re:.o.x.-r vavr:roa ssoxrM..n.r.xr e�rz v:m vro.w,.ir.vro..r.ao acmx:w.cvr xaom xr<arm om.�xm. "fNe SHEET 13 CITY PEDESTRIAN CHRB RAMP STANDARD DETAILS Tn mvnm nmumm er.w. nnv..m ruvrvi cmnxrc.on swc mmrn cn.o muumc..c mcviox ore W a ae zaaraoe.coaaus cuaisi.rexns RELE SEDFORCONSTRUCnON ". 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R m ve reMirerz.uc a,uc,x uom wu nu. °""". a e.nmcwexw.cmwc wxo mnn,u.w z ow a>rxicemx. rePoCPorx w swex ,o,oun,c.a,.riu,x.ec.o ec comxwx nvcm,rc race n.rn. vev�x�m�,c ,ee ,wos,exc.cPreuxwcumxuxcen A rwx cxu or rnv,xcn�e eono a mo�xwxu xc n,ccn wmixc �MW�4 i YPIfA PARR fAIIE EiA c .. n ..i + ( IN x,c w/io/zr x=aM=+^� RELEASED FOR CONSTRUCTION ' `6rm xonu eex.rw xi,c..�mare...,�w.�ems�xazM - cx,. cMemc«pus eexm. .00 e - LLxc�x.craowp wxx w,or c,oxcxc CORPUS CRISTI, NUECEs QI H . Tx PE A END- -kOA➢BARF CABE ESTIM4TEE SUMMARYA_BARRICADE DETAILS A, M NOO ss 3— - �,�z�--- _may 58346402R V it z .s ` •, .z so si :r ® :. u sa 9 .re zs r— ___—— ___ Jiv a uz o 5 F .e .z .e a noimwr is n � sraysoc nwmmnx j6 ® -- -- -- ---- -- —=i -17 esz szu es ov a. B xoi wo '�u°c xn z°zioo�me.nx rm.zwzv oou.rez xn z°z�m,me.ow. 101"00'o4]^°E�1n111.11 Sol 00041E 1251 TEMPORPRV LbNTROLSgvElm, r ,or.r<x rRz,:.mvr.�ox:w..,.uzx,.,a.uze«xo WOAN�NP PE mr qo /9 RELEASED FOR CONSTRUCTION M cMem�«cus IMPROVEMENTS TO eenm K]NG' LP uTT cORPus cARISSTI N�]NNGUECE cO.6 . Tx STORM WATER POLLUTION PREVENTION PLAN SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS aaoLEeT oEscaiaTio SOIL 57A6/— 511TIMA'"PRE" oru utcn To eE oisureaco. PRESERVAiioN of N1111L RESUURCEs o(T[IAPORPRiLv oR reens[o El Tu �� ��M 1priia�arvsauc orvj_5 ED—CM Nry(u,aL, STRI/CTURrlL PIUCTILYS ry ISToretif w Erv*)a uL cotifaiNnEl T—IN ME-1 I Es SPNnpRY W0.5iE. EMVN 2l I DyED HAY nRIT— I I i\Y\Wnu REiNTOR�MEM \` �=vF AIN;R\ MN11wCE P n oDD'Es=AM ELEAAT�oN PLACEMENT FOR BALED HAY FILTER DAMS / RELEASED FOR CONSTRUCTIONAN F 3—FILL JL--$ b nan. m�eer Y'4w`,r. evmpnen kury e. 'Alia` 3'(o IF M7ETu ���gl .�L rv®o,wm cMmcarpuac n HE�I b o9/�0/24 n Tx reEBASS AND WELSH ENGINEERING s SECTION A—A Al A NT sraLL�i=i000 nrem — SEDIMENT CONTROL FENCE w..ER�o� LDCAT]DN MAP xenon w.ore.ue�w+r*siox sonv.m.xusru va.�.w.ozKsovMn•.sv N00'55 32'W ]85 51 — 1. z it os.a,xxouwo�x�vns� N00'S5'3P'W — -- _ __ �O N8910400 E __ /N00 g55'32'W EIVI O pyp _ e.9 .ios iz ie iz iz is is iz ii io ° `J/ _��9 1 _ zF mo aov — 0 ] a A sz svFI sz ss III m 0 �346402'° W —J L— --- .n�nne ---- -- -- -- -- -- ......,mKx.�xx m,�e.a.. �o0�04'nE�x PIeem RELEASED FOR CONSTRUCTION 7 CMem« • �' z x PUBLILSIM[PROVEMENTS TO [%Pc r sz.Cosa N. s p �,� R- �„e,��aex�M row. ...m. CONTRACTION(—N,J RE AE"ex RCCP, „xo NOLL11 101,10"R RC P TROLLER 11NP11 Eo RIM-1PAANA)NO E_ LONGITUDINAL OR 1RANSVE PSI SAWN E PaNs oN JaN of AE ., IONSTRUcn ON JOINT xem� �Z111e,Wa e�xaaaeu. cP fPORTweo CEENT TIPICAL PA-IN Ci N TEAOI PCAL RCCP STREET SECTION ow a�x x _ vntertek tee,.T. .� rcma.heareo nGsv exinnnrcswM mews��wti .o�xa�.� "x,xa............. p cxnntx wu;,q,.,., •^e=a�wak Pc.L PCCP M, STREET SE I uromm ramoa rcxsr waxix.aaa r�acunrc�r TY-A xR—STRTTf I—ON—11Ow mpusrnxm,•exu,mw3 rm..�.o�.LL�. Xv^uvW xv w« — 77 rss.rvu'ua PCCP CONTRACTION(SAWN)JOINT of AL e.. RELEASED FOR CONSTRUCTIONAga nA Y` rs Harm asr �� rnm=Iss.enwo. xe u � r eee .moo,a. '�—�� mx. �xrotisox nms ` Mmcarcus eex .�om.xo exow w.,..m.� 96�"ma9-o60us"� xenuoixu�iwxte TMreEOI�S AND WELSHENGINEERINGnrem K]N6'SR LAN➢Rl UNIT 6 TRIRNGDLAR SLIPB.SE INSTRLL.TIGN GENERRE REWIREXENTs CRCI H HG ARE m N ME J L 1 Name I 4MIipf ; @ ECU EONERETE.HOHGR111010110 Ugw �-^���•:• TgI.XPR.1R A IGNS , R'B�nGSEd"�v� �•Av�..'v."'41� sn E �. '� REWIREIENTS FOR RED B.CNOIIOUND RE-REIENTS FOR NITE B.CgORIXWD .EA-1 A-1 SINS REGULATg1 SIGHS eei[uJ wrez ^•s^'° ""°'v" '.,,.,....„...: 1'1 mo.. mznzxw rzmiolws . aWio�F nw.o ,.. nR II S S�0�W dil DEAD EAD XAV6 STOP ..FI' 130 9]/® UULS LSUIIL END END pet SPEED .e.xsu� 69lR� 95©®9 f _ 55 ._ ......a. �\ WRONG .w....,,..-... s„oa-smEer wJnE sbN w �••-�•,„„� ..-. A J- g� WAY oEno EN ::.... ��-- "'»e.x.x...�......a�.... -,..r_..... D OR NO OURET SIONAGE 9'D3 W/ !iE REW IRENENiS FOR WARNING SIGNS gfWIREEENTS fpi SCxODL SIGHS m x.."..x gcxoo .v.uuw..,uunv \ RELEASED FOR CONSTRUCTION ?s xanxr a ien mw 11 PE nA O age[o :.moo un uix. xa — �..,.. gireer O ooeo exxo,ura mxax „ nr�cu F awe sun wax ' •uwza rn�cu zxawzz sax nRx xrzxan --.-x.w« "" .�.. w.maa s `�. ESSION TO POLE NSTP11.AlION xuumrasx�e mnn mxaoxs a.xreau..r- s.x.so�uxuu ..0 w.0 •u.u..uix uua mm ,u..a.m.. uuexos aax as c oxsia�" JVLv xlo TYFI IRL SIGN .xo uu uuu _ e REW IREEEXTS a wx.rt r...m.....w- ...._ �rw SRI 1 IB - TYPICAL GROUND MWNIED SIGN PtAOEMFNT "'w R°""'w''`mw EASS PND WELSH ENGINEERING TXaDOTU&CITY SIGN OAND SPANEMENT 7 tr ®_ "[� ',��.<�'"- --- _ _":see' ..:sue' _-�•g�- sai F G•�:..,o ......�. MIX fE � — "` .. g ,w ra a eNo or Pvoaose Pe RELEASED FOR CONSTRUCTION ••••o,••o •,^-^� .., n if6£! 4 .:reeeass ANo wELsu ENC NEER Ncsre�o ..� ....� ..,.—_� sre.�rePnso.r ....,....rm—.... — g sm — W°— PUBLIC IMPN EMT i0'IN'CITY STOPM—STANDARD DETAILS TNT A _ m e ®0 e rouLn�niEoi�sPEcraoxwuxrnvFnnnPns d �G� �•.� "@.. _.w...,o, ._.,... @ as i ,m,. �� lox ix uxPnvEo,wEas W., — .,.••"• ®®••;� r ....... �� ..> Mm O mCnEMOOEfNL _ eau mnm.�umm.w x.hm R..w. F gggp R ,woo- Pux our eom €� an.�.C: €g Ir BASS AND WELSH ENGINEERING RELEASED FOR CONSTRUCTION .x reEc - nreee� EIEN o m r Mm wpuau W $i. R r oft ens caxm It mlhp slC BASS AND WELS'ENAINEEPING RELEASED FOR CONSTRUCTION aY wsc� - swss. PUBLIC SIMPROVEMENTS4 KINGS LANDING UNIT 6 ALL SCATEP KTANDARD DETAILS cevebpnen bbery 9� r Mm wpuau J ; ,..., »•�»u„�,�o..,.� rea,�w nAsewc r���.wr<W ti.�, � n� .,ems W..�� �„ M,.,s:.K:.�.zl .., .�..._ '" ✓�� � rein - � ��..F_� �,3�1_n. - : aL eeIu P_. _«. —P as ren„R„n BASS AND WELSH ENGINEERING RELEASED FOR CONSTRUCTION .x reed - sreee, oevem r CORPUS LCHRISTI NUECESC CO..i Mm wpuau NDo ss 32 v IZD.DO a �II ......FN.., � z 'III III ITI l E LLL_ oaw s a,VCL"P�f — __ 4 O �z�—�� 1, M ,„ao„, RELEASED FOR CONSTRUCTION n vzs a,vn.�v xso cMiaer or.xE aRwEc.. orenv�Ns3 r.xo°o ie nss e D PUBLIC aIMEPROVEMENTS TOpP DRIVE AT KARHD D STRFFT (`TPOR -ST ���ryr�/// EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 8/13/2024 Kings Landing Unit 6- Cost Estimate SANITARY SEWER ITEMS ITEM IDESCRIPTION QUANTITY UNIT COST TOTAL 1 15 INCH PVC PIPE 1096 LF $ 195.00 $ 213,720.00 2 FIBERGLASS MANHOLE 7 EA $ 20,000.00 $ 140,000.00 3 DEEP CUT CONNECTION 1 EA $ 10,000.00 $ 10,000.00 $ 363,720.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS(SANITARY SEWER AND STORM SEWER 1 PIPES OF ALL SIZES) 1096 LF $ 9.00 $ 9,864.00 $ 9,864.00 SUBTOTAL $ 373,584.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 41,094.24 CONTINGENCY(7%) 26,150.88 TOTAL $ 440,829.12 Page 1 of 1 EXHIBIT 5 I Exhibit 5 Pixy ofCorp.4s Cbristi,m TexaK } D-pw cnt or Devwlopmenl Services City of P.O.Box 9277 C'nrpns Christi,Texas 73469.9277 Corpus at: 2 06 Le 40 _ •7 Located at:2�tOG Leopard Street R'Now ='C h ri st1 `Conrer of].caparti St,and l ax Ave.) «� '1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA"_ NAME: MPM DEVELOPMENT, LP STREET; P.O. BOX 331308 CITY- CORPUS CHRISTI ,p: 78463 FIRM is: ®Corporation A Partnership ❑Sole Owner ❑Association A Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Job Title and City Department(if known) N/A 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 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 Mossa Mostaghasi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named"firm". Name Consultant NIA N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas/ads changes occur. � Certifying Person: MOSSA MOSTAGHASI Title: GENERAL PARNTER (Print) Signature of Certifying Person: T f Date: 8-18-23 IG'`97F;VELOPl1EA'i"SVCS1SN.gR{'.f)'+I-4:dD DEVLLOPMENT,ORDINANCL AWNUNIST AI-10N:APPI.ICA710T FORM&PORNIS AS PER LEGAL,2011131SCLOSURE OF INN EKESTS 3TATE1,1ENTi.27.)2.1JOC Wastewater Trunk Line Construction Reimbursement Agreement Ordinance authorizing a Wastewater Trunk System Construction and Reimbursement Agreement up to $440,829.12 with MPM Development to construct a required wastewater trunk system related to King's Landing Unit 6 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $440,829.12 to reimburse the developer in accordance with the agreement. (District 3). City Council October 22, 2024 Location Map e, z li t Kings Landing Unit 6 Wastewater Collection Line Location Map LIfuIIT /. 2 Total Reimbursement Estimate NIXON M.WELSH,P.E.,R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email..NixMW@aol.com TX Registration No.F-52 Survey Registration No. 100027-00 P.O.Box 6397 8/13/2024 Corpus Christi,TX 78466-6397 Kings Landing Unit 6-Cost Estimate SANITARY SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 15INCH PVC PIPE 1096 LF $195.00$213,720.00 2 FIBERGLASS MANHOLE 7 EA $20,000.00$140,000.00 3 DEEP CUT CONNECTION 1 EA $10,000.00$10,000.00 $363,720.00 MISC ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL TRENCH SAFETY FOR EXCAVATIONS 1 (SANITARY SEWER AND STORM SEWER 1096 LF $9.00$9,864.00 PIPES OF ALL SIZES) $9,864.00 SUBTOTAL$373,584.00 ENGINEERING,SURVEYING,&TESTING(11%)$41,094.24 CONTINGENCY(7%)$26,150.88 TOTAL$440,829.12 3 Trust Fund Balance as of October 10, 2024 Available Combined Trust balance as of previous agreements is: -$2,274,529.06 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,662,244.16 $515015.89 -$319828.16 $3689527.37 Upon approval, the Trust Funds will be: -$2,715,358.18 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. 1 �1 1 3 z}/ 1 W 0:1 MARTELL WINTERFELL 1 1 1 1 1 1 1 HIA GAR DEN 1 1 J O G Q J WESTEROS EXCELSIOR Im 1 � 10 0 200 400 Feet -ONNEGARDENS _ King's Landing Unit 6 Ulk Wastewater Collection Line Location Map L�IMI'TS Subject Property] .' N bml 43 N.T.S The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 16875 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 9/26/2024 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. 03 s c� w 0 o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 10/22/24 NORP00.P��'� zss2 Second Reading Ordinance for 10/29/24 DATE: October 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Wastewater Collection Line Construction and Reimbursement Agreement with Devonshire Custom Homes, Inc. for Off-site Wastewater Improvements for Westwood Heights Unit 4 Subdivision CAPTION: Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer') to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). SUMMARY: Devonshire Custom Homes, Inc. is developing a new residential subdivision named Westwood Heights Unit 4 and is requesting funds to construct wastewater collection line improvements associated with the development. The estimated one-time cost of the improvements is $14,476.00. BACKGROUND AND FINDINGS: The Developer, Devonshire Custom Homes, Inc, has requested reimbursement through a reimbursement agreement for in conjunction with a residential subdivision named Westwood Heights Unit 4, located on Sunny Dr., south of Leopard St. Westwood Heights Unit 4 preliminary plat was approved by Planning Commission on November 13, 2019. The development, located on Sunny Dr., south of Leopard Street, plans for 39 single family homes on 9.059 acres including street dedications. The Planning Commission granted a 12-month time extension for the plat on May 3, 2023. The off-site wastewater collection line improvements consist of 162 linear feet of 8" PVC pipe and tap into the existing 8" line. Although the total cost of the project is $28,952.00, the allowable reimbursement amount is $14,476.00, representing 50% of the cost of the project. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Collection Line Construction Standards. The project is eligible for reimbursement from the Wastewater Collection Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Westwood Heights Unit 1 Subdivision. An alternative to utilizing trust funds to construct the wastewater collection line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Wastewater Collection Line improvements is $28,952.00, the reimbursable amount is 50 percent or$14,476.00. The available funds from the Wastewater Collection Line Trust of$14,476.00 will be appropriated to fund this project. Funding Detail: Fund: 4220 Wastewater Collection Line Trust Fund Organization/Activity: 21801 Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019, to develop a tract of land, approximately 9.059 acres known as Westwood Heights Unit 4; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 8-inch Wastewater Collection Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Collection Line Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Collection Line Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Collection Line Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Sanitary Sewer Collection Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with Devonshire Custom Homes, Inc. ("Developer"), for the extension of an 8-inch wastewater line, including all related appurtenances, for the development of Westwood Heights Unit 4 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of $14,476.00 is appropriated from the No.4220-21801- 777 Wastewater Collection Line Trust Fund to reimburse the Developer for the construction of a wastewater collection line, and improvements in accordance with the Agreement. SECTION 4. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Trunk System Trust Fund are transferred by way of water and wastewater lot and acreage fees and pro-rata fees to the No.4220-21801-777 Wastewater Collection Line Trust Fund until $14,476.00 is appropriated in accordance with Section 3 of this ordinance. SECTION 5. The City Manager or designee is authorized to appropriate $14,476.00 from the No.4220-21801-777 Wastewater Collection Line Trust Fund as funds become available to reimburse the Developer for the wastewater collection line construction and improvements in accordance with the Agreement. SECTION 6. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Collection Line Extension and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Devonshire Custom Homes, Inc, ("Developer/Owner"), a Texas Corporation. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 13, 2019 to develop a tract of land, to wit approximately 10.734 acres known as Westwood Heights Unit 4. Located on Sunny Dr., south of Leopard St. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Wastewater Collection Line Extension ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Collection Line Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Collection Line Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Collection Line Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Collection Line Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 1 of 12 extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Collection Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Collection Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Collection Line Trust Fund. The City is not liable for modification or termination of the Wastewater Collection Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Collection Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Project Details Line Description Quantity Unit Unit Price Total Contract Value Item 1 8" PVC PIPE 162 LF $ 110.00 $ 17,820.00 2 PAVEMENT PATCHING 1 EA $ 8,500.00 $ 8,500.00 Subtotal: $ 26,320.00 Engineering, Surve mg, and Testing (c( 10%): $ 2,632.00 Total Contract Value: $ 28,952.00 Reimbursement Amount on Off-Site (50%) $ 14,476.00 Credits: Total Reimbursable Amount: $ 14,476.00 Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 2 of 12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements is $14,476.00. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $14,476.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Collection Line Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 3 of 12 reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Collection Line Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Collection Line Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Collection Line Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Collection Line Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Collection Line Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater collection line for which the credit was given, and an extension of the collection line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Devonshire Custom Homes, Inc Navid Zarghooni 2129 Airline Rd Corpus Christi, Texas 78414 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 4 of 12 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 5 of 12 c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 5, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 6 of 12 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 7 of 12 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 8 of 12 fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 9 of 12 information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index. 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form BB 10.29.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 11 of 12 DEVELOPER/OWNER: Devonshire Custom Homes, Inc. 2129 Airline Rd. Corpus Christi, Texas 78414 By: Navid Zarghooni President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Navid Zarghooni, President of Devonshire Custom Homes, Inc. a Texas Corporation, on behalf of said company. Notary Public's Signature Standard Form Wastewater Collection Line Fund Reimbursement Agreement Approved to legal form 1313 10.29.21 Page 12 of 12 EXHIBIT 1 STATE of TExas 4 STATE of TExas B wuxTY of xu[c[s g courvtt IF NumFs B RIVED ar THE IEPAftrMENT NI RTFY THAT wE ARE THE OWNERS OF ME OFEOMLOPMFM SEMTCES OFNRIESCItt OF SEE US ON AS EB ME BOU—NIES OF M CEE FOREGOING AVOROF THAT WE HAVE HAD SAD UAI IN —SURVEIEDD SUEDMICI. DEDICATED R IF NOT SRM0.AS MADE ME PURPo AS SHOWN,THAT STREETSSOEDM.4TFD TO THE PUBELCT11 pEVEMACRLOPMENTwOSEUR—ENGINEER ECRIWER AID MAT w SES OF DESCRIPTION AND DEDICATION THIS ME_DAY OF ]D— CATE HAVE ZARDHOCR,PRESIDENT STATE OF TEXAS g ES g STATE OF TEw+s B THE�OF CPI-ATORPUS CHMS'�uT D�ESCRm E POtANNNGw A IP-0)ON BEH4F OF EOUMY OF NIECES g iH5 ME_OAY OF 2— THIS INSTRUMENT WAS ACKNO—DCED BEFORE ME BY NAVID—HOONI,PRESIDENT OF CEW RRE CUSTOM HOMES.INC. FRIC vIUARRAI,P.E. -MEND¢.FRCP CHN. RET NOTARY PUBLIC, IN AND FOR THE STATE DF TEXAS STATE OF TEAS $ COUNTY of NIECES g I.I%RA SANDS.CLERK OF ME CC—COURT IN D FOR SAID COUI-,,DO STATE OF IEXA 9 HEREBr CERTIFY MAT ME FOREPoING INSTRUMENT DV1ED THE IF cpuxrc OF NumEs g 20 A.IS cERNFIcnTE OF num EMICATIR, M.WE H.RECF�TYEn PROFS'SinnALO ioxND ODRVEYDRPoOF CASS a H was—FOR RECORD IN Mr omcE ME DAY OF CONSTHUCII0 IN E MENIND ITHpEA LMr IIRECROµ ISTIAUE ANO WRREC PNo THAT J�a 3 IS WITH— oULr NE Im Y AT 0 CLAC N=M-,AND DcrvP�EOEOO SE AU DOT S UPON COMPIETOR OF SUSIVASON mR ME D o za THIS ME_wY of �r xD— !Ir —WITNESS MY �� Kw000 sT —EASE_ NIXON N, vELSH,R.P L.S. DR. �'-UN G..ST.! HAND D SEA-OF ME DAINTY TCOURTN AID FORSAD COUNTY AT OFFICE IN T�G W�0 CORPUS CHRIST!,NIECES COUNTY,TEXAS,ME DAY D YEAR IAST WRITTEN. ROCX NT. STATE OF TEXas g }� FASiWrooO CS.. CW O,mOD Orz.. DERutt KARA SANos,CLERK cwNTr OF NUECEs g e COUNTY COURT (NAME),HEREBY CER MAT AT WE ARE ME NIECES COUNTY,TEXAS HOLDERS OF A LED ON TH —PURPOSES ID C MAR ONSDEROTONS—TIER II EEXPRESSIIOSON u�0 OEOlfailON FOR ME 5DST Ui, Dr� �� NOV i 3 2019 D STATE OF TExAs g LOCATION MAP PLANNING-GN COUNTY OF NIECES B MIS INSTRUMENT WAS ACKNbNIEOCED REFIRE ME BY ,MLE,,OF PLAT OF THIS THE pAr IF zD- WESTWOOD HEIGHTS UNIT 4 ACRE TRACTE FOL—IG SHEET,A PRR TI TOT, DO CORPUS CHRISTI,DNUECES DCLU ,"' TEXAS BASS & WELSH ENGINEERING -«LnvO REG.NI.IIDozT c°iRisn,T S45°56'26'E 1215.73' s „� �� ° —s a o 00 -- -- _-- --_— __ ------ -- -- -- --- — --Ip-- ------ INO TRACT. °° s°.°° �°° I � RATRICIA=% InR60 s sr vszED ,sr vee SR sear sr ICzao S 350 S sa �Vozo°— ice°° — — 9330 Os I°mI.0 s aria s so Sr say°s saso s aso sl s as°s aso 9� Z me xRs—___—_ sOs< a I� R°xTlpx 1m°s u N C. x°PATRICIA..TUN V y — Z -- o IIV� --_—s -- -- �E0.w�EL—°°---- —_ 6°aa' —s =3➢A---- ss�� —°_ s _— --s•EEa_ 9.0 -- Y �m_____`\ ° \ �.ov sEE s°.ao N45°56'26'W.na1215.61' ar s. ss. 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STAT[RR TAS xaERT IS THE S. 11 a Ix THE mxG sTREJECT e�i n 0.Zi FDA A INNS L° AND TAEN°R 9.D AczH E CURVE DATA TCEI Nu wna`IT"I—AS 'lA 1.THE CORRus CHRISTITIE ZoNINC di AT..�C ASTIC CARS Gip A Axn eEA CR —i�'IN � QO CENTER or rR ONTING STREET RAVING LEVATU.N.. ,bY 13 ° TA,ns°R—T,CAC R°Ncs°N rxT s,TE STATE suaNERGE° P<AAIN Z979 Nx..�A.Nw mmI iN sETxT9 a TIT. RIANGERE°xIRExIT ExrsT °G PLAT OF pro. WESTWOOD HEIGHTS UNIT 4 TYPICAL STREET SECTION—60'ROW x e, z— CORPUS ACHRISTI,ANUECES TCOUNTY, TEXAS EXHIBIT 2 Reimbursement Agreement Application Development Services Department Submit the Application to: contractsandaareements ancctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: Z - Z , 22 Approved Plat Name: W2 �0J V►M+ Type of Public Improvements: Ownership and authorized signatories to enter into the agreement: Requested duration of agreement: Months Point of Contact Information: Contact Name: Contact Number: 3LQk' ��� �S�� Name of Company Entering into the agreement (L.L.C.; LP., Inc.): Address: Z 12R t' City: e C_ • State: I X ZIP: :lad Phone Number: 3� •q°f(Q '�ZSJ� The items listed below are required before an application can be processed: 1)❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2)Q $535.00 application fee for new agreements and addendums 3) Planning Commission approved plat (Final or Master Preliminary) 4) Cost estimate for project from a registered engineer 5) Public improvement plans or design memorandum 6) Warrantee Deed for the property associated with the project 7) Disclosure of Interest Form 8)R Form 1295 W-9 F , and a Corporate Resolution Applicant's Signatur Title City of Corpus Christi I Form No: DSD-3016 Rev.3.31.2020 Page 1 of 2 EXHIBIT 3 ---- COORPUS CHMST�9 HUEC EB COUWY9 7 EKAB e,m�w g � .'���'"M IF4END E1O5111�FMJt1116 IEGflID—PfmPOSFD FICIt1116 M1D MNft1ET1iNCE5 (MNO IPPUAiQNNCfS �r�ss .cuv wwew - O r cnm � ev.,ov�mmm�>cwe x4 ��� ^" Bum Cmsmoa o mn =mm.on a.�m�a y 'SITE" 10^ATION MAP S.YEET INOE% I COVER SHEET MO MISCELLANEOUS INFORMATION c cres..o mme..vw oww..un.w.uu.mnw.e.sm.+ SHEET] —C.C.IC NUO ORAMACE PEA',STREET I my e.m..c=w m.sn.nn..wemaa. MO SMRM SEWER FROFILES _ CALL BEFORE YOU DIG! SHEET 3 sn 111 S-wER-0—R PION u+C PROFIT ". SHEET 4 STORM WATER POLLCTION PREVEWON PLAN,ESTIMATE �, s SUMMARY ANO fi45E MAPS "�+T"`"�°""a"`�a'"'b•�n SHEET 5 SIflEEi&SIDEWALK OEiAILR -•^w�=�n�m�^'� Digitally signed by Jalal Ali Saleh, a•.m„®.m.R,P,�.m.w.. «me M m..m..a a a�a ��m.,oa wa�.n oEv w g t M.H. P.E. DN:cn-Jaialaalal M.H.Ali 5aleh, o-Clty bf COrpus rCv tt ''.,Christi,=Development " Services, sefn�'all.,iatalsCcctexas.com, >m C--US -yw Date:2020:12.15 16:36:66' nEil"' m..a man ..�=,,.s..a�w m.�e, -06'00' Pa. w� -.m rm mwx aa..mn 'rn rx.o.a..w.�.R.m.o ��v..w. v.o,me.u.oam aeec m.+rzrw soa mw m m amine ax SBA 5 0 ELS. E G N—N Baum IMPROVEMENT'TO ,_ „ r re ^'" ..".aw..waeomm.=own u.a=..sa aKne WESTWOOO HEICHtsVIT4 ,m a ur,un sex a.N^•xn v%unc CORPUS C4'RISTi,NUELES C OVER SHEET AuO uIELELLANEOUs INFCRUATION "T'"�T'T!8k S45'56'26'E 1215.7 rFyo 2 L---------- (D ly tj F-A HI--I- -- --------------- - --------- --------- —---- --------- --------- - u 1H `41 'A XT.V 1n 88 HE .14to ' ---------- t tzzt N45'56'26-W 1005.62' S-E, 'G.EG I 1- 11- 75 .... -------------- m. ---- ---- ----- ------------------- --L"-------- ------ ------i:�'—L1----- -------- ----------- 'In ------------------- -------------- ------ lI - �5 65 60 r) Digitally signed by Jalal M.H. 60 PLANS ARE RELEASED FOR,' Ali Sal,h,P.E. CONSTRUCTION ON:ch=Jalal M.H.Ali Saleh, DFVELOPMENT5ENACES P.E.,o=City of Corpus Christi, CuTFws b-d vu=Developrnent Services, _iH IN Chsisii U DC 3.8.5.F IA 19 201 W' einaiJ7=jal#) cctexas.com, V1U.TWOO1UC ITE—ETSMEZUN67 --,c--bs '0.... cower, ES HEIGHIT 4 e T-S IINAINAGI 1L. Date:2020.12.15 16:36:30 G .... Sl-INGIULIS -06'00' IGCTr IIII '1 Digitally signed by Jalal I M.H.Ali Saleh,P.E. r-� eora'a. DN:—Jala1 MLH.Ali w =.,Saleh,P.E.,o=City of ...,o>aEN SE r ... A. RT,Corpus Christi, ou=Development *' email=jalals @cdeXDs.com, ate _ _ r' c=US Date:2020.12.1516:37:43 ^° -06'00' a worx,. i,PICAL STREET SECTION-60'rs ROW D' -.MA �.uw.ww,wK _,ne 0.e'uwwm wm BASS ANO WEyl15N E ERI�N POZ-LOCn SRN RSUPPORT ASSEMBLY n N6T5 T TB vESivOt)D NE ICNTS UNI A CORPUS CHRISrI, NUECES Cu TX STREET AND SIDEVALN DETAILS EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 18073-PCE-SS 09/03/24 WESTWOOD HEIGHTS SANITARY SEWER REIMBURSEMENT ESTIMATE SANITARY SEWER ITEMS,REIMBURSABLE BY CITY QUANTITY UNIT AMOUNT 1 8"PVC PIPE 1 162 LF 1 110.001 17,820.00 2 PATCH PAVEMENT 1 LS 8,500.00 8,500.00 TOTAL SANITARY SEWER ITEMS $26,320.00 NOTE: PRICES SHOWN AS FURNISHED BY DEVELOPER 10%ENGINEERING,SURVEYING,&TESTING 2,632.00 *.OF rr SUB-TOTAL $28,952.00 �t •,� ti:• MAXIMUM REIMBURSEMENT OF ABOVE SUB-TOTAL=50%= 14,476.00 INpoQN M.WfLSH;•� Page 1 of 1 Reimbursement Agreement Ordinance authorizing a Wastewater Collection Line Construction Reimbursement Agreement ("Agreement") up to $14,476.00 with Devonshire Custom Homes, Inc ("Developer") to construct off-site wastewater improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny St, south of Leopard Street, and appropriating $14,476.00 from the Wastewater Collection Line Trust Fund to reimburse the developer per the agreement (District 1 ). City Council October 22, 2024 Aerial Overview It�Q o� vQd es- � 1r C �00 O �p �o 0 SG yyi �O 'c` P� 1 F %Yy o� 0 12s zso Soo Feel 2 Total Reimbursement Estimate Project Details Line Description Quantity Unit Unit Price Total Contract Value Item 1 8"PVC PIPE 162 LF 110. $ 17,820.00 2 PAVEMENT PATCHING 1 EA 8,500.00 $ 8,500.00 Subtotal: $ 26,320.00 Engineering,Surveying,and Testing(@ 10%): $ 2,632.00 Total Contract Value: $ 28,952.00 Reimbursement Amount on Off-Site(50%) $ 14,476.00 Credits: Total Reimbursable Amount: $ 14,476.00 Trust Fund Balance as of October 10, 2024 Available Combined Trust balance as of previous agreements is: -$2,274,529.06 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,662,244.16 $515015.89 -$319828.16 $3689527.37 Upon approval, the Trust Funds will be: -$2,289,005.06, which does not include another project presented earlier. Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5. 1.C. AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION ANNUAL MEETING DATE: Tuesday, October 22, 2024 TIME: During the meeting of the City Council beginning at 11:30 a.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi,TX 78401 1. Call meeting to order 2. Secretary Rebecca Huerta call roll Board of Directors Officers Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Mike Pusley Jim Klein Everett Roy Sylvia Campos Dan Suckley 3. Election of Officers: President, Vice President, General Manager, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer 4. Approval of minutes of July 13, 2010 5. Financial Report 6. New Business 7. General Manager's Annual Report 8. Public Comment 9. Adjournment MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION July 13, 2010 5:12 p.m. PRESENT Board of Directors Officers Larry Elizondo, Sr., President Angel R. Escobar, General Manager Brent Chesney, Vice-President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Chris N. Adler Cindy O'Brien,Treasurer Priscilla Leal Constance P. Sanchez, Asst. Treasurer John E. Marez Nelda Martinez Mark Scott ABSENT Kevin Kieschnick President Elizondo called the meeting to order in the Council Chambers of City Hall at 5:12 p.m. City Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President Elizondo referred to Item 3, the election of officers. Ms. Martinez made a motion to reappoint all officers currently serving, seconded by Mr. Marez, and passed. President Elizondo called for the approval of the minutes of July 6, 2010. Ms. Martinez made a motion to approve the minutes as presented, seconded by Mr. Chesney and passed. President Elizondo called for the financial report. Assistant Treasurer Constance Sanchez reported that the fund balance is $68,560. The board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Elizondo called for the General Manager's annual report. Emily Martinez, Interim Director of Economic Development, stated the report was attached in their packet and that there had been no activity in the past year. There were no questions. President Elizondo called for public comment, and there was none. There being no further business to come before the corporation, President Elizondo adjourned the meeting at 5:15 p.m. on July 13, 2010. Financial Report Corpus Christi Industrial Development Corporation Balance Sheet-Unaudited ,July 31,2024 Assets Current assets: Cash $ 68,775 Total assets $ 68,775 Liabilities and Fund Balance Liabilities: $ - Fund Balance: Restricted 68,775 Total fund balance 68,775 Total liabilities and fund balance $ 68,775 Corpus Christi Industrial Development Corporation Statement of Revenues, Expenditures, and Changes in Fund Balance -Unaudited As of July 31, 2024 Fund balance at September 30,2023 $ 68,775 Revenues: - Expenditures: - Net change in Fund Balance - Restricted Fund Balance at July 31, 2024 $ 68,775 New Business Memorandum TO: Members of the Board of the Corpus Christi Industrial Development Corporation FROM: Peter Zanoni, General Manager DATE: September 5, 2024 SUBJECT: Request for Meeting of the Corpus Christi Industrial Development Corporation (CCIDC) on October 22, 2024 1 am requesting that the annual meeting of the Corpus Christi Industrial Development Corporation (CCIDC) be held during the Council meeting of October 15, 2024, to consider the following items: 1. Election of Officers: The Bylaws provide for the following officers of the CCIDC: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager.Typically,the President and Vice President have been elected from the Board of Directors. The Bylaws provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Rebecca Huerta Assistant Secretary Stephanie Box Treasurer Heather Hurlbert Assistant Treasurer Sergio Villasana General Manager Peter Zanoni 2. Motion authorizing the General Manager to execute an amendment to the deed from the Texas General Land Office for the property commonly known as Salinas Park, which is approximately 91.70 acres of land out of Tract G, Cliff Maus Tracts, located near the intersection of Airport Road and Horne Road. Attachment 1 3. Motion authorizing the General Manager to execute a deed conveying to the City of Corpus Christi the property commonly known as Salinas Park, which is approximately 91.70 acres of land out of Tract G, Cliff Maus Tracts, located near the intersection of Airport Road and Horne Road and terminating the current lease with the City of Corpus Christi for said property (Lease 2010-231, M2010-164, 7/6/10). Attachment 2 4. General Manager's Annual Report: The CCIDC was established in 1980 under the Texas Industrial Development Corporation Act of 1979.The CCIDC has as its general charge the provision of assistance to and encouragement of industrial, manufacturing, warehousing, and commercial activities within Corpus Christi and the Corpus Christi area. There has been no activity regarding CCIDC during the last year. Attachment 1 FIRSTAMENDMENT TO DEED STATE OF TEXAS § KNOW ALL BY THESE COUNTY OF NUECES § PRESENTS This First Amendment to Deed (hereinafter referred to as the "First Amendment") is made and entered into by and between the State of Texas, on behalf of the Permanent School Fund, acting by and through DAWN BUCKINGHAM, M.D., Commissioner of the General Land Office of Texas and Chairwoman of the School Land Board (hereinafter referred to as the"State"), and the Corpus Christi Industrial Development Corporation (hereinafter referred to as the "Owner"), current owner of 91.70 acres out of Tract G of the Cliff Maus Tracts, further identified in Exhibit A (the "Park Property") attached to and made part of this First Amendment. Collectively, the State and Owner may be referred to as the "Parties" herein; WHEREAS, the City of Corpus Christi (the "City") platted the CLIFF MAUS TRACT G on February 4, 1964, recorded in Volume 27, Page 95, Map Records of Nueces County, Texas (the "Plat"); WHEREAS, on August 13, 1964, in Document Number DR 1069/28 #669929, the City conveyed Tract G of the Plat(i.e. 201.527 acres) ("Tract G") to the State of Texas for the use and benefit of the Corpus Christi State School; WHEREAS, the Owner was formed on July 18, 1980, with the Corpus Christi City Council members serving as the board of directors for the Owner; WHEREAS, on March 4, 2002, in Document Number 2002010930, the State conveyed the Park Property to the Owner (the "Park Deed"); WHEREAS, the Park Deed contained the restriction (the "Restriction") that the Park Property be used as a municipal park, together with the right to construct, operate, and maintain such facility for accessory uses consistent with the reasonable use as a municipal park; WHEREAS, the Owner, with the assistance of the City's Parks and Recreation Department, has developed the Park Property and it is currently known as Salinas Park; WHEREAS, the City proposes to construct a fire station within the boundaries of the Park Property, as shown in Exhibit B (the "Fire Station Property") attached to and made part of this First Amendment; WHEREAS, the Parties agree that the proposed use of the Park Property as a fire station violates the Restriction; WHEREAS, the Parties wish to amend the Restriction to allow for a Public Fire Station (as defined below) solely on the land area identified in Exhibit B; NOW THEREFORE, in consideration of ten dollars and other valuable consideration, the Parties agree as follows: 1. Section 10 Amendment: Section 10 of the Park Deed is hereby deleted in its entirety and replaced with the following: "The Property shall be used as a municipal park, together with the right to construct, operate and maintain such facility for accessory uses consistent with the reasonable use as a municipal park. Notwithstanding the foregoing, the Fire Station Property as further described in Exhibit B, may be used as: (i) a municipal park, together with the right to construct, operate and maintain such facility for accessory uses consistent with the reasonable use as a municipal park, and/or; (ii) an open and operating, except during repair or construction, Public Fire Station owned by the City or Owner. The uses described above (i.e., the municipal park and Public Fire Station) shall be known as the "Permitted Uses". For the purposes of this Deed, municipal park shall mean a public and civic use open area focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, or community gardens, having few structures. For purposes of this Deed, "Public Fire Station" shall mean a designated site or land area used solely for the purpose of: (a) storing Firefighting (as defined below) apparatuses such as fire engines, ambulances and related Firefighting vehicles, but not including helicopters; (b) storing personal protective equipment related to Firefighting; (c) storing fire hoses and other specialized Firefighting equipment; (d) storing Firefighting chemicals and Firefighting substances provided said chemicals are not considered "hazardous substances" per applicable state or federal law; and (e) offices, kitchens, living rooms, dining rooms, living quarters, bathrooms, laundry rooms, exercise rooms and work areas, provided said areas are solely for the benefit of Professional Firefighters (as defined below). For purposes of this Deed, "Firefighting" shall mean actions designed at controlling and extinguishing fires and providing emergency medical assistance. For purposes of this Deed a"Professional Firefighter" shall mean a person that has obtained at a minimum a Texas Commission on Fire Protection Basic Fire Suppression Firefighter 1 Certification or its then future equivalent. These use restrictions constitute covenants running with the land. No use may be made of the Property other than the Permitted Uses without the prior written consent of the Texas Health and Human Services Commission (successor to Texas Department of Mental Health and Mental Retardation (TDMHMR)). Prior written consent for use other than the Permitted Uses may require the exchange of valuable consideration. The Parties hereto agree that irreparable harm would occur in the event any provision of this Deed is not performed in accordance with the terms hereof and that the Parties shall be entitled to any remedy at equity or law, including but not limited to an injunction or injunctions to prevent breaches of any terms in this Deed and to enforce specifically the terms and provisions of this Deed." 2. Exhibit B Addition: Exhibit B attached hereto is hereby added to the Park Deed. 3. Conflict: In the event of a conflict between the Park Deed and this FirstAmendment, the First Amendment shall control. 4. Defined Terms: Defined terms not otherwise defined herein shall have the meaning ascribed to them in the Park Deed. 5. Counterparts: This First Amendment may be executed in multiple original counterparts, each of which is an original, whether or not all Parties sign the same document. Regardless of the number of counterparts, the counterparts constitute only one agreement. Notwithstanding the fact that this document is styled as a first amendment to deed, if this document is ever deemed void, invalid, or otherwise unenforceable all Parties hereto agree that this document shall be deemed a correction instrument for all purposes and not an amendment. EXECUTED in multiple original counterparts to be effective for all purposes as of the day of 12024. [Remainder of page left intentionally blank] STATE OF TEXAS By: DAWN BUCKINGHAM, M.D. COMMISSIONER Approved: Contents (GS) Legal (MB) Legal (JG) AM (HM) AM (DW) AM (BC) A. Chief (JJ): Chief (MH): NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006, COMBINED WITH GOVERNMENT CODE § 2051.001, AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE. Corpus Christi Industrial Development Corporation By: Peter Zanoni General Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 2024, by Peter Zanoni, General Manager, on behalf of the Corpus Christi Industrial Development Corporation. Notary Public in and for State of Texas Consented to this day of 12024. Texas Health and Human Services Commission (successor to the Texas Department of Mental Health and Retardation pursuant to HB 2292, 78th Legislature, R.S. (2003)) By: Name: Title: Approved: Contents NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006, COMBINED WITH GOVERNMENT CODE § 2051.001, AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE COMMISSIONER OF THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION AFTER RECORDING PLEASE RETURN TO: Gregg Snitker Attorney at Law Coastal & Public Lands Office of the General Counsel Texas General Land Office 1700 Congress Ave, Ste. 910 Austin, TX 78701 (512) 463-5315 (direct) Gregg.Snitker@glo.texas.gov Exhibit A STATE OF TEXAS COUNTY OF NUECES FiELDNOTES for a 91.70 acre tract of land out of Tract G,Cliff Maus Tracts"C,D,E.F.&G",a map of which is recorded in Volume 27,Page 95,Map Records of Nueces County,Texas;said Cliff Maus Tracts being a 248.566 acre tract out of portions of the L.M Hitchcock 93.24 Acre Tract,Lots 9, 10,15,&16,Section F,Lot 2,Section E Paisley's Subdivision of the Hoffman Tract,the Vineyard Tract,&Lot 18,J-C.Russell Farm Lots,Corpus Christi,Nueces County, Texas;said 91.70 acre tract being more fully described by metes and bounds as follows BEGINNING at a 1-1/2 inch iron pipe in concrete found on the northeast boundary of Horne Road,a dedicated public roadway,for the common comer of Tract E and G,said Cliff Maus,and for the south comer of this tract,from which a drill hole found for the southerly corner of said Tract E,same being the northerly intersection of said Home Road and Greenwood Drive,a 70 foot wide public roadway,bears South 63°31'l I"East(plat--South 63°22'05"East),a distance of 200.10 feet(plat=200.25 feet), THENCE,North 60°29'22"West(plat--North 60*31'20"West),with the north boundary of said Home Road,a distance of 324.33 feet(plat=323.65 feet)to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR.C.C.TX"set for the south corner of a 4.334 acre tract and for a comer of this tract; THENCE,North 29°29'0T'East(plat--North 29'28'40"East),along the southeast boundary of said 4.334 acre tract, at 0.10 feet pass a found 5/8 inch iron rod,in all a distance of 69 L 10 feet(plat=690.17 feet)to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for the northeast comer of said 4.334 acre tract and an interior comer of this tract; THENCE,South 89157'50"West,along the northerly boundary of said 4.334 acre tract and of said Tract D,at 360.82 feet pass a 5/8 inch iron rod found for the north corner of said 4.334 acre tract and for the east comer of said Tract D_ in all a distance of 951.15 feet to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR.C.C.TX"set for a common comer of said Tracts D and G and for a corner of this tract THENCE,South 29028'40"West,continuing along the northerly boundary of said Tract D,a distance of 57.77 feet (plat=57.46 feet)to a 1 inch iron pipe found for a common comer of said Tracts D and G and for a corner of this tract; THENCE,North 8905 8'1 I"West(plat=South 891157'50"West),continuing along the northerly boundary of said Tract D,at 333.33 feet pass a found 1 inch iron pipe,in all a distance of 333.83 feet(plat—3 33.18 feet)to a 5/8 inch iron and with red Plastic cap labeled"URBAN ENGR_C.C.TX"set on the north boundary of said Home Road,for the west corner of said Tract D,a comer of said Tract G and a comer of this tract; THENCE,North 60029'22"West(plat--North 60031'20"West),along the northerly boundary of said Horne Road, at 99.24 feet pass a found 1 inch iron pipe,in all a distance of 220.80 feet(plat=223.06 feet)to a I inch iron pipe found for the point of curvature of a circular curve to the right whose radius point bears North 29°30'38"East,a distance of 459.70 feet and having a central angle of 60026'12"(plat=60°28'10"),a radius of 459.70 feet,a tangent distance of 267.75 feet (plat=267.92 feet)and an arc length of 484.90 feet(plat-485.16 feet); THENCE with said circular curve to the right,an arc length of 484.90 feet(plat=485.16 feet)to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set on the east boundary of Airport Road,a 260 foot wide public roadway,for point of tangency; THENCE,North 00103'10"West,along the east boundary of said Airport Road,same being the west boundary of said Tract G and of this tract,a distance of 1074.60 feet to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR. C.C.TX"set for the northwest comer of this tract; THENCE,North 89°58'36"East,crossing Tract G with the north boundary of this tract,a distance of 1208.63 feet to a 518 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for an interior comer of this tract; THENCE,North 00°22'48"East(Plat--North 00°23'10"East),continuing with the north boundary of this tract, 142.20 feet to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for southeast corner of Tract C. said Cliff Maus,for a comer of said Tract G and for a comer of this tract; THENCE,South 70'32'5T'East(Plat--South 70°32'5T'East),continuing with the north boundary of this tract, same being the south boundary of said Tract C,a distance of 190.41 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.C.TX set for the southwest comer of said Tract C,for a comer of said Tract G and for the northeast comer of this tract; TBEN, �E,South 45°29'33"East(plat-South 45'34'40"East),with the northeasterly boundary of this tract, 110.26 feet(plat=110.3,5 feet)to a 1 inch iron pipe found for a comer of said Tract G and of this tract; THENCE,South 60028'19"East(plat=South 60026'10"East),with the southwest boundary of Block 5,Harlem Park Addition,a map of which is recorded in Volume 9,Page 57,Map Records of Nueces County,Texas,a distance of 1,416,34 feet to a I inch iron pipe found for the north comer of Tract F,said Cliff Maus,for a corner of said Tract G and for a comer of this tract; THENCE,South 29030'54"West(plat=South 29°29'20"West),along the common boundary of said Tracts F and G,a distance of 100.00 feet to a I inch iron pipe found for the west comer of said Tract F,a comer of said Tract G and an interior comer of this tract; THENCE,South 60°27'35"East(plat=South 60126'10"East),along the common boundary of said Tracts F and G, a distance of 100.00 feet to a 1 inch iron pipe found on the northwest boundary of Greenwood Drive,for the south comer of said Tract F,the most easterly comer of said Tract G and the most easterly comer of this tract; THENCE,South 29029'20"West,along the northwest boundary of said Greenwood Drive,same being the southeast boundary of said Tract G and of this tract,a distance of 1,591.53 feet(plat=1,591.16 feet)to a 518 inch iron rod found for the east comer of said Tract E,a corner of said Tract G and for a comer of this tract; THENCE,North 60-31'20"West,with the common boundary,of said Tracts E and G,a distance of 200.00 feet to a 1 inch iron pipe found for the north comer of said Tract E,an interior comer of said Tract G and for an interior comer of this tract; THENCE,South 29025'57"West(plat--South 29029'20"West),with the common boundary,of said Tracts E and G, a distance of 200.12 feet(plat=200.00 feet)to the POINT OF BEGINNING and containing 91.70 acres of land. Bearings based on the northwest boundary of Greenwood Drive,same being southeast boundary of Tract G,Cliff Maus Tracts"C,D,E,F,&G",a map of which is recorded in Volume 27,Page 95,Map Records of Nueces County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its original form,surveyor assumes no responsibility or liability for its accuracy. Exhibit B C I OF T NRNGT .R%G�® 9 Fes . PnaTicuwaEv oEscaieE. ar NETE., 2�uNos as 5B2°W4TE 324_18 TI+ACP E cuC -c 1 OF NO.7IJ Uo.w.l.cFA TExAs c1--1ANE cmRwNaiE1 nERERE6N QEE.cruis[o rnur.PNO THE Farm of ai:csaNrxc. NER OF ffi FrE S82°W'4N"E 200.00'��Imo oP.ar.sr. wa�ancruol u.R.N.c.T..THE x�srGFF—.TNEiaER ..,cRi—TRAcr. I, raxcT n�mnFr. � nb TIIE NORIN CORFSEP.OFTIE IEiEIN�I®EQl"rUCd.�F�� nsarcr® �� FNENCE SOIRN—1 EAST,P OISTNa(£ .fe FEET l0 THE EPSI OOP YEP OF 1HE HFAEIN QE SCRIQEQ TRAET. `�.'p wsacr. TMLTE FRGAF __ _ _ WHtl1A5—IFOUNI l OO F011IF III LOMIAON CO'iN91 OFSld 1;= 1RALT IN_N]RMNESTERLY RiGM#-WAY LIE OF CdlE OF OFEET TINEOW. POF LONnNNGOCANFAINIwc 2.uuo PcrsESf lof sp.OF BEGMM nbmElytl�azan m+he BrwuM=weYmawriNnad aM metes Yremnsrvm repemw6uv hvN d1Ilw Tams fka�d of Prtfesimf Enprecs and faM sum m be a�melm�rn�a�m are LilyaLopsfl��'.Teats N61°59'4BB'W 324AWowu REaE.pu TneR arMw.�rwnsoumm IMgG"f' 1 POF4T OF➢EG7NNL4G mm¢pawsmz,a«mc¢m ax ww woov I nwr�.:iimmet� �wowl N 17,1M.16833' Pa��M��ewa m'm���N�mmeN�a�a rrei+�dap E=I�2,4024' O k wa measm�iena.Tn a vm anec po ae # m�w�nwas. BOUNDARY SURVEY - T.BAKER SMITH ® �R���a� w �$ � � ST!IN of CORPUS cxRISTT .ter CORPUS CER[S77 INDUSTRIAL DEVELOPMENT CORPORATION AN ERHBISUF A leaf lSM 6 9x+ wx xr®e.1B lwB+r.onTurw.xm BO➢LOCATD IRVE:Y rEPs..afsasr5 - LOCATE IN D CORPUS CHRISR,TEXA.S Attachment 2 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. SPECIAL WARRANTY DEED THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § That, Corpus Christi Industrial Development Corporation (Grantor), 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401, has granted, given, and conveyed, and by these presents does hereby grant, give and convey unto City of Corpus Christi (Grantee), a Texas Home Rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401 a tract of land and all improvements thereon, situated in Nueces County,Texas,being described as follows: 91.70 acre tract of land out of Tract G, as shown on Cliff Maus Tracts C, D, E, F and G, a map of which is recorded in Volume 27, Page 95, Map Records of Nueces County, Texas, being more fully described by metes and bounds as shown in Exhibit A attached hereto and made a part hereof ("Property"). This conveyance is made and accepted subject to any and all valid and effective encumbrances of record, other than any mortgage or lien, affecting the herein above described property, including restrictive covenants, easements, rights-of-way, leases, mineral and/or royalty reservations previously reserved to predecessors in title or heretofore transferred or assigned, and/or oil and gas leases; and to zoning and regulatory ordinances outstanding and affecting the herein above described property. Specifically,the Property conveyed by this deed is subject to the following covenants and restrictions: 1. Covenants,conditions,reservations,conditions,restrictions,rights of way,easements and leases, if any,that are valid and in existence contained in warranty deed from City of Corpus Christi to the State of Texas recorded in Clerk's File No. 669929,Deed Records of Nueces County,Texas. 2. Covenants,conditions,reservations,conditions,restrictions,rights of way,easements and leases, if any,that are valid and in existence contained in License Agreement dated May 30, 1966,by and between State of Texas for use and benefit of Texas Department of Mental Health and Mental Retardation and City of Corpus Christi and its Parks and Recreation Department, recorded June 14, 1966,under Clerk's File No. 711639,Volume 1154, Page 23, Deed Records of Nueces County,Texas. 3. Covenants,conditions,reservations,conditions,restrictions,rights of way,easements and leases, if any,that are valid and in existence contained in the deed from the State of Texas to the Corpus Christi Industrial Development Corporation recorded in Clerk's File No. 2002010930, and the First Amendment to the Deed recorded in Clerk's File No.2024 GRANTOR: CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Peter Zanoni General Manager THE STATE OF TEXAS § COUNTY OF NUECES§ This instrument was acknowledged before me on 2024,by Peter Zanoni, as General Manager of the Corpus Christi Industrial Development Corporation, on behalf of said corporation. Notary Public in and for State of Texas ACCEPTED BY GRANTEE: CITY OF CORPUS CHRISTI,TEXAS Jeff H. Edmonds, P.E. Director of Engineering Services Exhibit A STATE OF TEXAS COUNTY OF NUECES FiELDNOTES for a 91.70 acre tract of land out of Tract G,Cliff Maus Tracts"C,D,E.F.&G",a map of which is recorded in Volume 27,Page 95,N Iap Records of Nueces County,Texas;said Cliff Maus Tracts being a 248.566 acre tract out of portions of the L.M Hitchcock 93.24 Acre Tract,Lots 9, 10,15,&16,Section F,Lot 2,Section E Paisley's Subdivision of the Hoffman Tract,the Vineyard Tract,&Lot 18,J_C.Russell Farm Lots,Corpus Christi,Nueces County, Texas;said 91.70 acre tract being more fully described by metes and bounds as follows BEGINNING at a 1-1/2 inch iron pipe in concrete found on the northeast boundary of Horne Road,a dedicated public roadway,for the common comer of Tract E and G,said Cliff Maus,and for the south comer of this tract,from which a drill hole found for the southerly comer of said Tract E,same being the northerly intersection of said Home Road and Greenwood Drive,a 70 foot wide public roadway,bears South 63°31'l I"East(plat--South 63022'05"East),a distance of 200.10 feet(plat=200.25 feet), THENCE,North 60°29'22"West(plat--North 60*31'20"West),with the north boundary of said Home Road,a distance of 324.33 feet(plat=323.65 feet)to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR.C.C.TX"set for the south corner of a 4.334 acre tract and for a comer of this tract; THENCE,North 29°29'0T'East(plat--North 29'28'40"East),along the southeast boundary of said 4.334 acre tract, at 0.10 feet pass a found 5/8 inch iron rod,in all a distance of 69 L 10 feet(plat=690.17 feet)to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for the northeast comer of said 4.334 acre tract and an interior comer of this tract; THENCE,South 89°57'50"West,along the northerly boundary of said 4.334 acre tract and of said Tract D,at 360.82 feet pass a 5/8 inch iron rod found for the north corner of said 4.334 acre tract and for the east comer of said Tract D. in all a distance of 951.15 feet to a 518 inch iron rod with red plastic cap labeled"URBAN ENGR.C.C.TX"set for a common comer of said Tracts D and G and for a comer of this tract; THENCE,South 29028'40"West,continuing along the northerly boundary of said Tract D,a distance of 57.77 feet (plat=57.46 feet)to a 1 inch iron pipe found for a common corner of said Tracts D and G and for a corner of this tract; THENCE,North 89058'1 I"West(plat=South 89057'50"West),continuing along the northerly boundary of said Tract D,at 333.33 feet pass a found I inch iron pipe,in all a distance of 333.93 feet(plat-333.18 feet)to a 5/8 inch iron nod with red plastic cap labeled"URBAN ENGR_C.C.TX"set on the north boundary of said Home Road,for the west corner of said Tract D,a comer of said Tract G and a comer of this tract; THENCE,North 601129'22"West(plat—North 60031'20"West),along the northerly boundary of said Horne Road, at 99.24 feet pass a found 1 inch iron pipe,in all a distance of 220.80 feet(plat=223.06 feet)to a 1 inch iron pipe found for the point of curvature of a circular curve to the right whose radius point bears North 29°30'38"East,a distance of 459.70 feet and having a central angle of 60126'12"(plat=60°28'10"),a radius of 459.70 feet,a tangent distance of 267.75 feet (plat=267.92 feet)and an arc length of 484.90 feet(plat-485.16 feet); THENCE with said circular curve to the right,an arc length of 484.90 feet(plat=485.16 feet)to a 518 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set on the east boundary of Airport Road,a 260 foot wide public roadway,for point of tangency; THENCE,North 00'03'10"West,along the east boundary of said Airport Road,same being the west boundary of said Tract G and of this tract,a distance of 1074.60 feet to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR. C.C.TX"set for the northwest comer of this tract; THENCE,North 89°58'36"East,crossing Tract G with the north boundary of this tract,a distance of 1208.63 feet to a 518 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for an interior comer of this tract; THENCE,North 00°22'48"East(Plat--North 00°23'10"East),continuing with the north boundary of this tract, 142.20 feet to a 5/8 inch iron rod with red plastic cap labeled"URBAN ENGR C.C.TX"set for southeast corner of Tract C. said Cliff Maus,for a comer of said Tract G and for a comer of this tract; THENCE,South 70'32'5T'East(Plat--South 70°32'5T'East),continuing with the north boundary of this tract, same being the south boundary of said Tract C,a distance of 190.41 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.C.TX set for the southwest comer of said Tract C,for a comer of said Tract G and for the northeast comer of this tract; TBEN, �E,South 45°29'33"East(plat-South 45'34'40"East),with the northeasterly boundary of this tract, 110.26 feet(plat=110.3,5 feet)to a 1 inch iron pipe found for a comer of said Tract G and of this tract; THENCE,South 60028'19"East(plat=South 60026'10"East),with the southwest boundary of Block 5,Harlem Park Addition,a map of which is recorded in Volume 9,Page 57,Map Records of Nueces County,Texas,a distance of 1,416,34 feet to a I inch iron pipe found for the north comer of Tract F,said Cliff Maus,for a corner of said Tract G and for a comer of this tract; THENCE,South 29030'54"West(plat=South 29°29'20"West),along the common boundary of said Tracts F and G,a distance of 100.00 feet to a I inch iron pipe found for the west comer of said Tract F,a comer of said Tract G and an interior comer of this tract; THENCE,South 60°27'35"East(plat=South 60126'10"East),along the common boundary of said Tracts F and G, a distance of 100.00 feet to a 1 inch iron pipe found on the northwest boundary of Greenwood Drive,for the south comer of said Tract F,the most easterly comer of said Tract G and the most easterly comer of this tract; THENCE,South 29029'20"West,along the northwest boundary of said Greenwood Drive,same being the southeast boundary of said Tract G and of this tract,a distance of 1,591.53 feet(plat=1,591.16 feet)to a 518 inch iron rod found for the east comer of said Tract E,a corner of said Tract G and for a comer of this tract; THENCE,North 60-31'20"West,with the common boundary,of said Tracts E and G,a distance of 200.00 feet to a 1 inch iron pipe found for the north comer of said Tract E,an interior comer of said Tract G and for an interior comer of this tract; THENCE,South 29025'57"West(plat--South 29029'20"West),with the common boundary,of said Tracts E and G, a distance of 200.12 feet(plat=200.00 feet)to the POINT OF BEGINNING and containing 91.70 acres of land. Bearings based on the northwest boundary of Greenwood Drive,same being southeast boundary of Tract G,Cliff Maus Tracts"C,D,E,F,&G",a map of which is recorded in Volume 27,Page 95,Map Records of Nueces County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its original form,surveyor assumes no responsibility or liability for its accuracy. se GO � O� A H 'NCOOPOH PE 1852 AGENDA MEMORANDUM Action Item for the Corpus Christi Industrial Development Meeting of October 22, 2024 DATE: September 23, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E. Director of Engineering Services jeffreye(a)-cctexas.com (361) 826-3851 Salinas Park Deed Amendment to construct Fire Station No. 10 near the intersection of Greenwood Drive and Horne Road CAPTION: Motion authorizing the General Manager to execute an amendment to the deed from the Texas General Land Office for the property commonly known as Salinas Park, which is approximately 91.70 acres of land out of Tract G, Cliff Maus Tracts, located near the intersection of Airport Road and Horne Road to dedicate two-acres of 91.70 acres for the use of the property for public safety purposes. SUMMARY: The conveyance of two-acre land from the Corpus Christi Industrial Development Corporation (CCIDC) to the City to construct Fire Station No. 10 near the intersection of Greenwood Drive and Horne Road. BACKGROUND AND FINDINGS: The CCIDC was established in 1980 under the Texas Industrial Development Corporation Act of 1979. The CCIDC manages the property and business of the corporation; to promote development of commercial, industrial, manufacturing, etc., by assisting in project financing by issuing tax-exempt revenue bonds. Currently City Council appointed the Board of Directors with City Council Members on December 15, 2022. There has been no activity regarding CCIDC during the last year. The 91.7 acre tract of land was conveyed to the CCIDC by the State of Texas, General Land Office (State/GLO), in March 2002. The deed contained a restriction that the property could only be used for park purposes. In July 2010, the CCIDC executed a 25 year lease of the 91.7 acres to the City to develop as a park. The lease restricts the City's use of the property to recreational use only. The lease allowed the City to name the park ("Salinas Park"), construct improvements and sublease parts of the park to athletic leagues, and to otherwise generally manage the property. An existing Fire Station No. 10 is located near the intersection of Greenwood Drive and Horne Road. The existing Fire Station No. 10 is antiquated and needs to be reconstructed. Funding to design the new Fire Station No. 10 was authorized by voters in Bond 2020 and Bond 2024 has budgeted the construction funds. Based on response times and needs of the department the proposed Fire Station No. 10 will be built adjacent to the existing Fire Station on a two-acre tract in the Salinas Park. Fire Station would be moved from corner of Horne & Greenwood to Horne Road, adjacent to National Guard armory. A restriction in the Salinas Park deed requires written permission for the change of land use from park to the public safety by the State/GLO. This request has been submitted and is approved by State/GLO. The CCIDC currently leases the 91.7 acre tract of land to the City for the City to develop and manage. The City has constructed many park improvements on the property and will be able to construct the fire station within Salinas Park once the deed amendment is signed. Given that the City spends considerable bond dollars on this property, it is recommended to convey the property and improvements to the City so that the City can directly manage the deed restrictions in the future. ALTERNATIVES: The alternative is to not convey the land from CCIDC to the City of Corpus Christi. The real estate for the Fire Station 10 must be acquired. FINANCIAL IMPACT: N/A Funding Detail N/A RECOMMENDATION: Staff recommends conveying the 91.7-acre tract of land from Corpus Christi Industrial Development Corporation to the City of Corpus Christi. LIST OF SUPPORTING DOCUMENTS: Survey Deed Presentation �y Corpus Chr sti Engineering Fire Station No. 10 - Deed Amendment CCISD Board October 22, 2024 Fire Station No. 10 - Deed Amendment Vicinity Map Y 4elk Proposed Fir Station No. 10 2 Acres sting ire / Station No. 10 2 Acres se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 22, 2024 DATE: October 1, 2024 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Resolution casting votes for candidates for the Nueces County Appraisal District Board of Directors CAPTION: Resolution casting votes for candidates for the Nueces County Appraisal District Board of Directors. SUMMARY: Historically, the Nueces County Appraisal District (the District) Board of Directors (the Board) consisted of eight (8) members with two-year terms. Multiple taxing entities within the District directly appointed members to the Board to specific seats ("Places") as follows: Places 1 & 2 — CCISD, Places 3 & 4—City of Corpus Christi, Place 5—Nueces County, Place 6—Urban, Place 7—Rural, and Place 8—Del Mar College. Senate Bill 2, passed during the 88th Texas Legislature, 2nd session, changed Chapter 6 of the Texas Property Tax Code. The amendment increased the number of seats on the Nueces County Appraisal District Board to nine and altered the board's composition. Three members are now elected by majority vote in a general election (held in May 2024). Five members are appointed by participating taxing units in the District. The Tax Assessor-Collector, who previously served as an ex-officio non-voting member, will now serve as an ex-officio votin member. Entities can no longer appoint directors to specific places. The new selection process for the five appointed positions involves two steps: 1) making nominations by resolution and 2) allocating the City's voting entitlement (number of votes) among the candidates on the ballot. On September 17, the City Council nominated the following four candidates: Deven Bhakta, Gerardo "Jerry" Garcia, Janie Gifford, and Susie Sullivan. NCAD delivered the final ballot on October 7. Today, the Council will determine how to allocate the City's 1,100-vote entitlement among the candidates. The Council may vote for one or more candidates on the ballot. The top five vote-getters will be the appointed directors. Candidate Nominating Jurisdiction(s) Deven S. Bhakta City of Corpus Christi Caitlin Chupe CCISD Luis A. Elizondo Bishop Con ISD Gerardo "Jerry" M. Garcia City of Corpus Christi Janie Gifford City of Corpus Christi Leo Gonzalez TMISD DeeAnna Heavilin Del Mar College District Gabriele Hilpold Nueces County Shirley Madej Nueces County Susie Sullivan City of Corpus Christi, CCISD, Nueces County, FBISD, City of Port Aransas The top 5 entities in terms of vote entitlement are, in order: Entity Entitlement Percent of Total Corpus Christi ISD 1,305 26.1% City of Corpus Christi 1,100 22% Nueces County 700 14% Del Mar College 595 11.9% Port Aransas ISD 280 5.6% Each entity with a voting entitlement of 5% or more of the total votes of all eligible entities must determine its vote by resolution adopted no later than the second open meeting of the governing body held after the date the Chief Appraiser delivers the ballot to its presiding officer. BACKGROUND AND FINDINGS: The five appointed positions will each serve a four-year staggered term, starting on January 1 of every other even-numbered year. In the first appointment period, two members will serve one- year terms, and three will serve three-year terms to achieve the staggered terms. The District will randomly determine which seats receive the different terms by drawing lots, but the specific process for this has not yet been determined. Name Category Position Term Kevin Kieschnick Tax Assessor-Collector Ex-officio, Voting Term of office James Magill Place 1 Elected 7/01/2024— 12/31/2026 John M. Cudd Place 2 Elected 7/01/2024— 12/31/2026 Ed Bennett Place 3 Elected 7/01/2024— 12/31/2026 Seat 1 Appointed Staggered one- or three-year terms Seat 2 Appointed Staggered one- or three-year terms Seat 3 Appointed Staggered one- or three-year terms Seat 4 Appointed Staggered one- or three-year terms Seat 5 Appointed Staggered one- or three-year terms FISCAL IMPACT: None SUPPORTING DOCUMENTS: Resolution with ballot Memo from NCAD on Board Appointment Process Resolution casting votes for candidate(s) for the Nueces County Appraisal District Board of Directors. WHEREAS, five directors to the Nueces County Appraisal District Board of Directors are to be appointed by the taxing units participating in the appraisal district through an election among the taxing units; WHEREAS, the chief appraiser has calculated the number of votes to which the City of Corpus Christi is entitled, and the City of Corpus Christi is entitled to 1,100 (22%) votes of a total of 5,005 votes; WHEREAS, these votes may be apportioned to one or more candidates; WHEREAS, the chief appraiser delivered the ballot of candidates for the Nueces County Appraisal District Board of Directors to the City on October 7, 2024; WHEREAS, each taxing unit entitled to cast at least five percent of the total votes must determine its vote by resolution adopted at the first or second open meeting of the governing body that is held after the date the chief appraiser delivers the ballot pursuant to Texas Property Tax Code §6.03; and WHEREAS, the City of Corpus Christi has determined its vote by resolution at the second open meeting of the City Council on October 22, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City of Corpus Christi casts its votes for the following candidates for the Nueces County Appraisal District Board of Directors: Votes Candidate Nominating Jurisdiction(s) Deven S. Bhakta City of Corpus Christi Caitlin Chupe CCISD Luis A. Elizondo BCISD Gerardo "Jerry" M. Garcia City of Corpus Christi Janie Gifford City of Corpus Christi Leo Gonzalez TMISD DeeAnna Heavilin Del Mar College District Gabriele Hilpold Nueces County Shirley Madej Nueces County Susie Sullivan City of Corpus Christi, CCISD, Nueces County, FBISD, City of Port Aransas Section 2. This Resolution shall take effect immediately upon its passage. Section 3. The City Secretary is hereby directed to submit this vote to the chief appraiser no later than the third day following the date the resolution is passed and approved. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 EGGS C�V J ti Ap G R'�1Su.D,S.�F Nuece5 CountyAppraisa(DiM*t Ramiro "Ronnie" Canales Direct:(361)879-0766 201 N Chaparral;Ste.206 Nueces Co"Chief APPraiser Celh(361) 765-1190 Corpus Christy Sgzs 784012503 Fall•(361)887-6138 rcana(es@nuecescadnet July 20, 2024 This document is to inform Nueces County Appraisal District's(NCAD)participating taxing units that are eligible to appoint NCAD board members (herein "Entities") about certain legislative changes affecting the NCAD's Board of Directors and to outline the Board appointment process that will be conducted over the latter half of 2024. Legislative ChaMes The 88`h Texas Legislature made changes to the Property Tax Code Chapter 6 that affect the NCAD Board of Directors composition, terms, and appointment process in appraisal districts with populations of 75,000 or more. 1. Currently,the Board is comprised of twelve(12)members-eight(8)appointed,three(3)recently elected in a county-wide election, and the county tax assessor-collector. The terms of the eight (8) appointed directors will expire on January 1, 2025. The terms of the elected directors will expire on December 31, 2026. Beginning January 1, 2025 NCAD's Board will be reduced to nine directors. Pursuant to the newly enacted section 6.0301 five directors are appointed by the Entities, three directors are elected by majority vote in general elections by county voters, and the county tax assessor-collector will now serve as a voting ex officio director. The entities eligible to appoint NCAD board members remain the county, incorporated cities/towns, school districts, junior college districts, and conservation and reclamation districts under certain circumstances. 2. Entities are no longer able to singly appoint directors to specific seats on the Board as under the previous NCAD voting agreement. Each Entity will get a voting entitlement (number of votes) pursuant to a specific formula set out in section 6.03 and 6.0301 that is based on the proportion of its prior year property tax levy to the total property tax levies of all eligible entities. Each Entity may nominate one qualified candidate for each seat that will be listed on a single ballot that will be prepared by NCAD. Each Entity may cast its votes for one or more of the candidates on the ballot.The top five vote-getters will be the appointed directors.Ties are determined by a method of chance. 3. Each Entity with a voting entitlement of 5% or more of the total votes of all eligible entities must determine its vote by resolution adopted no later than the second open meeting of the governing body held after the date that the Chief Appraiser delivers the ballot to its presiding officer. The governing body then must submit its vote to the Chief Appraiser no later than the third day following the date the resolution is adopted. 4. All directors,except the tax assessor-collector,will now serve staggered four-year terms instead of the previous two-year terms. Appointed directors' terms will start on January 1 of even- numbered years and publicly elected directors' terms will start on January 1 of odd-numbered years.There will be an initial transition period to achieve staggering within each of these director groups whereby some directors will serve shorter terms. For these upcoming appointments,two of the appointed directors will serve one-year terms and three of the appointed directors will serve three-year terms, as determined by drawing lots(specifics have notyet been determined). 5. Vacancies on the NCAD Board will be determined by the NCAD Board. Entities will be notified of an appointed directorship vacancy, each of those entities may nominate one nominee meeting the qualifications for an appointed director, and then the NCAD Board will decide by majority vote which nominee will fill the vacancy. In the event of an elected directorship vacancy, the NCAD Board shall appoint by majority vote of its members a person meeting the qualifications for an elected candidate to fill a vacancy. 6. NCAD's participating entities that are eligible to appoint board members may no longer increase the number of NCAD Board directorships to up to 13, choose whether directors serve staggered terms, or disapprove of board actions (except budget adoption) by a majority of them filing resolutions with the NCAD Board secretary. Notice of Appointment Process and Voting Entitlement The Texas Property Tax Code sets out specific no later than dates for receiving nominations, preparation of the ballot and voting. NCAD has set out the schedule below to ensure sufficient time for completion of the appointments. 07/20/24 Chief Appraiser sends Notice of Appointment Process and Voting Entitlement 09/30/24 Nominee Resolutions and Attachment 1 must be received by NCAD 10/07/24 Chief Appraiser sends ballots 11/29/24 Voting resolutions must be received by NCAD 12/06/24 District sends voting results to entities and candidates Voting Entitlement NCAD's taxing entities eligible to appoint board members are listed below along with their voting entitlement(number of votes).The formula to determine each Entity's voting entitlement is:2023 in- county property tax levy/Total 2023 in-county levies for all eligible entities x 1,000. That result is rounded to nearest whole numberand multiplied by number of directorships to be filled, which is five (5). Vote Percent Vote Percent Taxing Unit Entitlement of Total Taxing Unit Entitlement of Total Agua Dulce ISD 10 0.2% City of Robstown 25 0.5% Aransas Pass ISD - 0.0% Corpus Christi ISD 1,305 26.1% ** Banquete ISD 60 1.2% Del Mar College 595 11.9% ** Bishop CISD 55 1.1% Driscoll ISD 5 0.1% Calallen ISD 145 2.9% Flour Bluff ISD 210 4.2% City of Agua Dulce - 0.0% London ISD 65 1.3% City of Aransas Pass - 0.0% Nueces County 700 14.0% ** City of Bishop 5 0.1% Port Aransas ISD 280 5.6% ** City of Corpus Christi 1,100 22.0% ** Robstown ISD 65 1.3% City of Driscoll - 0.0% Tuloso Midway ISD 245 4.9% City of Port Aransas 70 1.4% West Oso ISD 65 1.3% Totals 5,005 100.0% ** Each entity with 5% or more of total votes must determine its vote by resolution adopted at the first or second open meeting of the governing body held after the date that the Chief Appraiser delivers the ballot to its presiding officer.The governing bodythen must submit its vote to the Chief Appraiser no later than the third day following the date the resolution is adopted. K Ramiro'Ronnie'Canales,ChiefAppraiser Nominations Each eligible taxing unit above may nominate one person per directorship. Attachment 1 provides a checklist for nominee qualifications. Use the following chart for relationship questions listed. A director who continues to hold office knowing he or she is related in a prohibited manner commits a Class B misdemeanor offense. Degrees of Consanguinity and Affinity -, s - - nd rd DEGREE DEGREE DEGREE By Consanguinity By Consanguinity By Consanguinity • Parents Grandparents Great grandparents • Children Grandchildren Great grandchildren By Affinity Brothers and sisters Nieces and nephews • Spouses of relatives listed under By Affinity Aunts and uncles first degree consanguinity Spouses of relatives listed by By Affinity Spouse second degree consanguinity No prohibitions • Spouse's parents Spouse's grandparents • Spouse's children Spouse's grandchildren • Stepparents Spouse's brothers and sisters • Stepchildren Nominations must be made by resolution of your governing board and signed by the presiding officer and secretary.Attachment 2 contains a sample nominating resolution form (or use your own). Please email back completed and signed Attachment 1 and either Attachment 2 Resolution or your own resolution form to_esissamis nnuecescad.net by the deadline listed on the schedule above.At that time, the nominations will cease and I will prepare a ballot based on the nominations received and send a copy of the ballot to each of the taxing entities listed above as noted on the schedule. Please follow all instructions outlined to ensure that the selection process is carried out in a timely manner. Thank you in advance for your cooperation. If you have any questions on this process, gthem to Elias Sissamis, Director of Administration, at(361) 881-9978 x 4214. Ramiro Ronnie"Canales, RPA, CTA Chief Appraiser Ramiro`Ronnie"Canales,Chief Appraiser Attachment 1—Nueces County Appraisal District(NCAD) Board Member Eligibility Checklist* Check one box *To be completed by the Nominee for each item Nominee: Yes No Are you a resident AND will you have resided in the District (county)for at least 2 years immediately before assuming office on Jan 1? (Must meet both criteria) Do you currently serve on any NCAD Taxing Unit's governing board? (Yes or No remain eligible) Are you an employee of any NCAD Taxing Unit(s) (Mark"No" if you are on its governing board or an elected official of the taxing entity)? (If just an employee,then ineligible. If employee and also on governing board of the taxing unit or elected official of a taxing unit, then remains eligible.) Are you related within 2nd degree by consanguinity or affinity(per Chapter 573 Government Code)to an appraiser of property for compensation for use in proceedings at NCAD or represent any property owner(s) in such proceedings? (Yes to either= Disqualified) Do you own any property on which taxes are delinquent more than 60 days after the date you knew or should have known of delinquency? Exceptions are: (1) Delinquent taxes+penalties/interest being paid in installment agreement (2)Suit to collect is deferred or abated under 33.06 or 33.065. Have you served on NCAD's board for all or part of 5 terms excluding serving as the county Tax Assessor-Collector at the time?(If yes,then ineligible) Were you engaged in the business of appraising property for compensation for use in any proceeding in NCAD at any time in the preceding 3 years? Were you engaged in the business of representing property owners for compensation in proceedings in NCAD at any time during the preceding 3 years? Were you an employee of NCAD at any time in the last 3 years? Are you or a business in which you have a substantial interest a party to a contract with either(1) NCAD or(2) a taxing unit that participates in NCAD if the contract relates to the performance of an activity governed by the Texas Property Tax Code? A"substantial interest"in a business entity exists if: (1) the combined ownership of the individual and the individual's spouse is at least 10 percent of the voting stock or shares of the business entity; or(2) the individual or the individual's spouse is a partner, limited partner, or officer of the business entity. A "business entity"means a sole proprietorship,partnership,firm, corporation, holding company,joint-stock company, receivership, trust, or other entity recognized by law. All answers provided are true and correct: Signed: Nominee Date Attachment 2 A RESOLUTION OF NOMINATING A CANDIDATE FOR THE NUECES COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS. WHEREAS,on this day of ,2024 the governing board of met in open session to consider nominees for the Board of Directors of the Nueces County Appraisal District, and WHEREAS, a nomination is required by Sec. 6.0301 of the Texas Property Tax Code,and WHEREAS,the governing board of has voted to make such nomination(s); NOW THEREFORE BE IT RESOLVED, by the governing board of That is/are nominated for an Appointed Place on the Nueces County Board of Directors for a term beginning January 1, 2025. That this Resolution shall take effect immediately upon its passage, and it is so resolved. DULY RESOLVED AND ADOPTED bythe governing board of this 2024. Signed: Presiding Officer Date: Signed: Secretary Date: